AB155, s. 58
24Section
58. 11.20 (9) of the statutes is amended to read:
AB155,38,3
111.20
(9) Except as provided in ss.
11.05 (2r) 11.06 (2m) and 11.19 (2), the duty
2to file reports under this section continues until a termination report is filed in
3accordance with s. 11.19.
AB155, s. 59
4Section
59. 11.20 (10) (a) of the statutes is amended to read:
AB155,38,115
11.20
(10) (a) Where a requirement is imposed under this section for the filing
6of a financial report which is to be received by the appropriate filing officer no later
7than a certain date, the requirement may be satisfied either by actual receipt of the
8report by the prescribed time for filing at the office of the filing officer, or by filing a
9report with the U.S. postal service by first class mail with sufficient prepaid postage,
10addressed to the appropriate filing officer, no later than
the 3rd day before the date
11provided by law for receipt of such report.
AB155, s. 60
12Section
60. 11.20 (12) of the statutes is amended to read:
AB155,38,1713
11.20
(12) If a candidate is unopposed in a primary or election, the obligation
14to file the reports required by this chapter does not cease. Except as provided in ss.
1511.05 (2r) 11.06 (2m) and 11.19 (2), a registrant who makes or receives no
16contributions, makes no disbursements or incurs no obligations shall so report on the
17dates designated in subs. (2) and (4).
AB155, s. 61
18Section
61. 11.21 (2) of the statutes is amended to read:
AB155,39,619
11.21
(2) Furnish to each registrant prescribed forms for the making of reports
20and statements. Forms shall be sent by 1st class mail not earlier than 21 days and
21not later than 14 days prior to the applicable filing deadline under s. 11.20, and
22addressed to the attention of the treasurer or other person indicated on the
23registration statement. Forms need not be sent to a registrant who has made an
24indication that aggregate contributions, disbursements and obligations will not
25exceed the amount specified under s.
11.05 (2r) 11.06 (2m) or to a registrant who has
1been granted a suspension under s. 11.19 (2). Forms for reports shall not be sent by
2the board to a registrant if the registrant is required to file reports with the board
3in an electronic format. Whenever any notice of filing requirements under this
4chapter is sent to a candidate's campaign treasurer, the board shall also send a notice
5to the candidate if he or she has appointed a separate treasurer. Failure to receive
6any form or notice does not exempt a registrant from compliance with this chapter.
AB155, s. 62
7Section
62. 11.21 (15) of the statutes is amended to read:
AB155,39,138
11.21
(15) Inform each candidate who files an application to become eligible to
9receive a grant from the Wisconsin election campaign fund of the dollar amount of
10the applicable disbursement limitation under s. 11.31
(1) or (1m), adjusted as
11provided under s. 11.31 (9), which applies to the office for which such person is a
12candidate. Failure to receive the notice required by this subsection does not
13constitute a defense to a violation of s. 11.27 (1) or 11.31.
AB155, s. 63
14Section
63. 11.21 (16) of the statutes is amended to read:
AB155,40,2315
11.21
(16) Require each registrant for whom the board serves as filing officer
16and who or which accepts contributions in a total amount or value of $20,000 or more
17during a campaign period to file each campaign finance report that is required to be
18filed under this chapter in an electronic format, and accept from any other registrant
19for whom the board serves as a filing officer any campaign finance report that is
20required to be filed under this chapter in an electronic format. A registrant who or
21which becomes subject to a requirement to file reports in an electronic format under
22this subsection shall initially file the registrant's report in an electronic format for
23the period which includes the date on which the registrant becomes subject to the
24requirement
or, if the registrant is required to report transactions within 24 hours
25of their occurrence, within 24 hours after the date on which the registrant becomes
1subject to the requirement. To facilitate implementation of this subsection, the board
2shall specify, by rule, a type of software that is suitable for compliance with the
3electronic filing requirement under this subsection. The board shall provide copies
4of the software to registrants at a price fixed by the board that may not exceed cost.
5Each registrant who or which files a report under this subsection in an electronic
6format shall also file a copy of the report with the board that is recorded on a medium
7specified by the board. The copy shall be signed by an authorized individual and filed
8with the board by each registrant no later than the time prescribed for filing of the
9report under this chapter.
If a registrant is a committee, the copy shall be certified
10by an authorized individual and filed with the board by the registrant no later than
1124 hours after the occurrence of any transaction that is reportable under s. 11.06 (1).
12If a registrant or other person becomes subject to a requirement to report
13electronically under this subsection, the registrant or other person shall continue to
14report electronically regardless of the amount of contributions accepted or
15expenditures made by the registrant or other person, until a termination report is
16filed. The board shall provide complete instructions to any registrant who or which
17files a report under this subsection. In this subsection, the "campaign period" of a
18candidate, personal campaign committee or support committee begins and ends with
19the "campaign" of the candidate whose candidacy is supported, as defined in s. 11.26
20(17), and the "campaign period" of any other registrant begins on January 1 of each
21odd-numbered year and ends on December 31 of the following year.
Section 990.001
22(4) does not apply to the computation of time permitted for compliance with the filing
23requirements under this subsection.
AB155, s. 64
24Section
64. 11.22 (3) of the statutes is amended to read:
AB155,41,12
111.22
(3) Furnish to each registrant prescribed forms for the making of reports
2and statements. Forms shall be sent by 1st class mail not earlier than 21 days and
3not later than 14 days prior to the applicable filing deadline under s. 11.20 and
4addressed to the attention of the treasurer or other person indicated on the
5registration statement. Forms need not be sent to a registrant who has made an
6indication that aggregate contributions, disbursements and obligations will not
7exceed the amount specified under s.
11.05 (2r) 11.06 (2m) or to a registrant who has
8been granted a suspension under s. 11.19 (2). Whenever any notice of the filing
9requirements under this chapter is sent to a candidate's campaign treasurer, the
10filing officer shall also send a notice to the candidate if he or she has appointed a
11separate treasurer. Failure to receive any form or notice does not exempt a registrant
12from compliance with this chapter.
AB155, s. 65
13Section
65. 11.23 (1) of the statutes is amended to read:
AB155,42,214
11.23
(1) Any group or individual may promote or oppose a particular vote at
15any referendum in this state. Before making disbursements, receiving contributions
16or incurring obligations in excess of
$25 $100 in the aggregate in a calendar year for
17such purposes, the group or individual shall file a registration statement under s.
1811.05 (1)
, or (2)
or (2r). In the case of a group the name and mailing address of each
19of its officers shall be given in the statement. Every group and every individual
20under this section shall designate a campaign depository account under s. 11.14.
21Every group shall appoint a treasurer, who may delegate authority but is jointly
22responsible for the actions of his or her authorized designee for purposes of civil
23liability under this chapter. The appropriate filing officer shall be notified by a group
24of any change in its treasurer within 10 days of the change under s. 11.05 (5). The
1treasurer of a group shall certify the correctness of each statement or report
2submitted by it under this chapter.
AB155, s. 66
3Section
66. 11.23 (2) of the statutes is amended to read:
AB155,42,84
11.23
(2) Any anonymous contribution exceeding $10 received by an individual
5or group treasurer may not be used or expended. The contribution shall be donated
6to the common school fund or to any charitable organization
or transferred to the
7board for deposit in the Wisconsin election campaign fund, at the option of the
8treasurer.
AB155, s. 67
9Section
67. 11.24 (1m) of the statutes is repealed.
AB155, s. 68
10Section
68. 11.24 (1v) of the statutes is created to read:
AB155,42,1411
11.24
(1v) No registrant may accept any contribution made by a committee or
12group that does not maintain an office or street address within this state at the time
13that the contribution is made unless that committee or group is registered with the
14federal election commission under
2 USC 433 (a).
AB155, s. 69
15Section
69. 11.24 (1w) of the statutes is created to read:
AB155,42,1816
11.24
(1w) No candidate or personal campaign committee of a candidate who
17applies for a grant under s. 11.50 may accept any contribution from a committee
18other than a political party committee.
AB155, s. 70
19Section
70. 11.24 (2) of the statutes is renumbered 11.24 (5).
AB155, s. 71
20Section
71. 11.24 (4) of the statutes is created to read:
AB155,43,221
11.24
(4) (a) No person may make a contribution to an incumbent partisan state
22elective official or to the personal campaign committee or support committee
23authorized under s. 11.05 (3) (p) of that official for the purpose of promoting that
24official's nomination or reelection to the office held by the official during the period
25beginning on the first Monday of January in each odd-numbered year and ending
1on the date of enactment of the biennial budget act and thereafter during any
2legislative floorperiod, including any special or extraordinary session floorperiod.
AB155,43,73
(b) Notwithstanding par. (a), a person may make a contribution to an
4incumbent partisan state elective official against whom a recall petition has been
5filed during the period beginning on the date that the petition offered for filing is filed
6under s. 9.10 (3) (b) and ending on the date of the recall election unless the official
7resigns at an earlier date under s. 9.10 (3) (c).
AB155, s. 72
8Section
72. 11.26 (1) (a) to (c) of the statutes are amended to read:
AB155,43,109
11.26
(1) (a) Candidates for governor, lieutenant governor, secretary of state,
10state treasurer, attorney general, state superintendent or justice,
$10,000 $1,000.
AB155,43,1111
(b) Candidates for state senator,
$1,000 $500.
AB155,43,1212
(c) Candidates for representative to the assembly,
$500 $250.
AB155, s. 73
13Section
73. 11.26 (2) (a) of the statutes is amended to read:
AB155,43,1614
11.26
(2) (a) Candidates for governor, lieutenant governor, secretary of state,
15state treasurer, attorney general, state superintendent or justice,
4% of the value of
16the disbursement level specified in the schedule under s. 11.31 (1)
$45,000.
AB155, s. 74
17Section
74. 11.26 (4) of the statutes is amended to read:
AB155,43,2218
11.26
(4) No individual may make any contribution or contributions to all
19candidates for state and local offices and to any individuals who or committees which
20are subject to a registration requirement under s. 11.05, including
legislative
21campaign committees and committees of a political party, to the extent of more than
22a total of
$10,000 $5,000 in any calendar year.
AB155, s. 75
23Section
75. 11.26 (8) of the statutes is amended to read:
AB155,44,424
11.26
(8) (a) No political party as defined in s. 5.02 (13) may receive more than
25a total of
$150,000 $300,000 in value of its contributions in any biennium from all
1other committees, excluding
contributions from legislative campaign committees
2and transfers between party committees of the party. In this paragraph, a biennium
3commences with January 1 of each odd-numbered year and ends with December 31
4of each even-numbered year.
AB155,44,75
(b) No such political party may receive more than a total of
$6,000 $12,000 in
6value of its contributions in any calendar year from any specific committee or its
7subunits or affiliates, excluding
legislative campaign and political party committees.
AB155,44,118
(c) No committee, other than a political party
or legislative campaign 9committee, may make any contribution or contributions, directly or indirectly, to a
10political party under s. 5.02 (13) in a calendar year exceeding a total value of
$6,000 11$12,000.
AB155, s. 76
12Section
76. 11.26 (8m) of the statutes is created to read:
AB155,44,1513
11.26
(8m) (a) Except as provided in par. (b) and sub. (8n), no committee may
14make a contribution to any other committee except a political party, personal
15campaign, or support committee.
AB155,44,1816
(b) Paragraph (a) does not apply to any contribution made by a committee that
17is affiliated with a labor organization to any other committee that is affiliated with
18the same labor organization.
AB155, s. 77
19Section
77. 11.26 (8n) of the statutes is created to read:
AB155,44,2220
11.26
(8n) No personal campaign committee or support committee that is
21authorized under s. 11.05 (3) (p) may make a contribution to any other personal
22campaign or support committee that is authorized under s. 11.05 (3) (p).
AB155, s. 78
23Section
78. 11.26 (9) (a) and (b) of the statutes are amended to read:
AB155,45,1124
11.26
(9) (a)
No Except as authorized under this paragraph, no individual who
25is a candidate for state or local office may receive and accept more than 65% of the
1value of the total disbursement level
, as determined under s. 11.31
(1) and as
2adjusted as provided under s. 11.31 (9) but without respect to any adjustment under
3s. 11.31 (1m), for the office for which he or she is a candidate during any primary and
4election campaign combined from
the Wisconsin election campaign fund and all
5committees subject to a filing requirement, including political party
and legislative
6campaign committees.
A candidate for state office whose grant under s. 11.50
7exceeds the contribution limitation authorized by this paragraph may exceed the
8contribution limitation otherwise applicable to the extent required to accept the full
9amount of the grant received by the candidate under s. 11.50, but any contributions
10accepted by such a candidate from political party committees reduce the amount of
11the grant which the candidate may accept by an amount equal to such contributions.
AB155,45,1812
(b)
No Except as authorized under this paragraph, no individual who is a
13candidate for state or local office may receive and accept more than 45% of the value
14of the total disbursement level
, as determined under s. 11.31
(1) and as adjusted as
15provided under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m), 16for the office for which he or she is a candidate during any primary and election
17campaign combined from all committees other than political party
and legislative
18campaign committees subject to a filing requirement.
AB155, s. 79
19Section
79. 11.26 (9) (c) of the statutes is repealed.
AB155, s. 80
20Section
80. 11.26 (10) of the statutes is amended to read:
AB155,46,1121
11.26
(10) No candidate for state office who files a sworn statement and
22application to receive a grant from the Wisconsin election campaign fund may make
23contributions of more than
200% of the amounts specified in sub. (1) $1,000 to the
24candidate's own campaign from the candidate's personal funds or property or the
25personal funds or property which are owned jointly or as marital property with the
1candidate's spouse
, unless the board determines that the candidate is not eligible to
2receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h),
3or s. 11.50 (2) (i) applies. For purposes of this subsection, any contribution received
4by a candidate or his or her personal campaign committee from a committee which
5is registered with the federal elections commission as the authorized committee of
6the candidate under
2 USC 432 (e) shall be treated as a contribution made by the
7candidate to his or her own campaign. The contribution limit of sub. (4) applies to
8amounts contributed by such a candidate personally to the candidate's own
9campaign and to other campaigns
, except that a candidate may exceed the limitation
10if authorized under this subsection to contribute more than the amount specified to
11the candidate's own campaign, up to the amount of the limitation.
AB155, s. 81
12Section
81. 11.26 (12m) of the statutes is repealed.
AB155, s. 82
13Section
82. 11.265 of the statutes is repealed.
AB155, s. 83
14Section
83. 11.31 (1) (intro.) of the statutes is amended to read:
AB155,46,1915
11.31
(1) Schedule. (intro.) The following levels of disbursements are
16established with reference to the candidates listed below.
The levels are subject to
17adjustment under subs. (1m) and (9). Except as provided in sub. (2), such levels do
18not operate to restrict the total amount of disbursements which are made or
19authorized to be made by any candidate in any primary or other election.
AB155, s. 84
20Section
84. 11.31 (1) (a) to (d) of the statutes are amended to read:
AB155,46,2121
11.31
(1) (a) Candidates for governor,
$1,078,200 $2,000,000.
AB155,46,2222
(b) Candidates for lieutenant governor,
$323,475
$500,000.
AB155,46,2323
(c) Candidates for attorney general,
$539,000 $700,000.
AB155,46,2524
(d) Candidates for secretary of state, state treasurer
, justice or state
25superintendent,
$215,625 $250,000.
AB155, s. 85
1Section
85. 11.31 (1) (de) of the statutes is created to read:
AB155,47,22
11.31
(1) (de)
Candidates for justice, $300,000.
AB155, s. 86
3Section
86. 11.31 (1) (e) and (f) of the statutes are amended to read:
AB155,47,64
11.31
(1) (e) Candidates for state senator,
$34,500 $100,000 total in the primary
5and election, with disbursements not exceeding
$21,575
$60,000 for either the
6primary or the election.
AB155,47,97
(f) Candidates for representative to the assembly,
$17,250 $50,000 total in the
8primary and election, with disbursements not exceeding
$10,775 $30,000 for either
9the primary or the election.
AB155, s. 87
10Section
87. 11.31 (1m) of the statutes is created to read:
AB155,47,1611
11.31
(1m) Disbursement level for candidates in competitive primary
12elections. The total disbursement level for any candidate whose name appears on
13the ballot as a candidate for an office at a primary election and who receives less than
14twice as many votes at that election as another candidate for the same office is 120%
15of the amount specified in sub. (1) for the candidate who receives the greatest number
16of votes in the primary election, adjusted as provided in sub. (9).
AB155, s. 88
17Section
88. 11.31 (2) of the statutes is amended to read:
AB155,48,718
11.31
(2) Limitation imposed. No candidate for state office at a spring or general
19election who files a sworn statement and application to receive a grant from the
20Wisconsin election campaign fund may make or authorize total disbursements from
21the his or her campaign treasury in any campaign to the extent of more than the
22amount prescribed in sub. (1)
or (1m), whichever is applicable, adjusted as provided
23under sub. (9), unless the board determines that the candidate is not eligible to
24receive a grant
, the candidate withdraws his or her application under s. 11.50 (2) (h), 25or
s. 11.50 (2) (i) sub. (3p) applies. No candidate for state office at a special election
1who files a sworn statement and application to receive a grant from the Wisconsin
2election campaign fund may make or authorize total disbursements from
the his or
3her campaign treasury in any campaign to the extent of more than the amount
4prescribed under sub. (1)
, adjusted as provided under sub. (9), for the preceding
5spring or general election for the same office, unless the board determines that the
6candidate is not eligible to receive a grant
, the candidate withdraws his or her
7application under s. 11.50 (2) (h), or
s. 11.50 (2) (i) sub. (3p) applies.
AB155, s. 89
8Section
89. 11.31 (2m) of the statutes is repealed:
AB155, s. 90
9Section
90. 11.31 (3) of the statutes is amended to read:
AB155,48,1510
11.31
(3) Gubernatorial campaigns. For purposes of compliance with the
11limitations imposed under sub. (2), candidates for governor and lieutenant governor
12of the same political party who both accept grants from the Wisconsin election
13campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b)
,
14adjusted as provided under sub. (9), and reallocate the total level between them. The
15candidates shall each inform the board of any such agreement.
AB155, s. 91
16Section
91. 11.31 (3p) of the statutes is created to read:
AB155,48,2017
11.31
(3p) Candidates receiving additional grants; exception. If a candidate
18receives a grant under s. 11.50 (9) (b) or (ba), the disbursement limitation of that
19candidate for the campaign in which the grant is received is increased by the amount
20of that grant.
AB155, s. 92
21Section
92. 11.31 (9) of the statutes is created to read:
AB155,48,2522
11.31
(9) Adjustment of disbursement levels. (a) In this subsection,
23"consumer price index" means the average of the consumer price index over each
2412-month period, all items, U.S. city average, as determined by the bureau of labor
25statistics of the U.S. department of labor.
AB155,49,13
1(b) The dollar amounts of all disbursement limitations specified in sub. (1) shall
2be subject to a cost-of-living adjustment to be determined by rule of the board in
3accordance with this subsection. To determine the adjustment, the board shall
4calculate the percentage difference between the consumer price index for the
512-month period ending on December 31 of each odd-numbered year and the
6consumer price index for calendar year 2003. For each biennium, the board shall
7adjust the disbursement limitations specified under sub. (1) by that percentage to the
8extent required to reflect any difference, rounded to the nearest multiple of $25 in
9the case of amounts of $1 or more, which amount shall be in effect until a subsequent
10rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b),
11and (3), determinations under this subsection may be promulgated as an emergency
12rule under s. 227.24 without providing evidence that the emergency rule is necessary
13for the public peace, health, safety, or welfare, and without a finding of emergency.
AB155, s. 93
14Section
93. 11.38 (1) (a) 2. of the statutes is amended to read:
AB155,50,515
11.38
(1) (a) 2. Notwithstanding subd. 1., any such corporation or association
16may establish and administer a separate segregated fund and solicit contributions
17from individuals to the fund to be utilized by such corporation or association, for the
18purpose of supporting or opposing any candidate for state or local office but the
19corporation or association may not make any contribution to the fund. The fund shall
20appoint a treasurer and shall register as a political committee under s. 11.05. A
21parent corporation or association engaging solely in this activity is not subject to
22registration under s. 11.05, but shall register and file special reports on forms
23prescribed by the board disclosing its administrative and solicitation expenses on
24behalf of such fund. A corporation not domiciled in this state need report only its
25expenses for administration and solicitation of contributions in this state together
1with a statement indicating where information concerning other administration and
2solicitation expenses of its fund may be obtained. The reports shall be filed with the
3filing officer for the fund specified in s. 11.02 in the manner
provided under s. 11.21
4(16), if applicable, or otherwise in the manner in which continuing reports are filed
5under s. 11.20 (4) and (8).
AB155, s. 94
6Section
94. 11.38 (1) (a) 3. of the statutes is amended to read:
AB155,50,97
11.38
(1) (a) 3. No corporation or association specified in subd. 1. may expend
8more than a combined total of $500 annually for solicitation of contributions to a fund
9established under subd. 2.
or to a conduit.
AB155, s. 95
10Section
95. 11.38 (6) of the statutes is amended to read:
AB155,50,1511
11.38
(6) Any individual or campaign treasurer who receives funds in violation
12of this section shall promptly return such funds to the contributor
or, donate the
13funds to the common school fund or a charitable organization
or transfer the funds
14to the board for deposit in the Wisconsin election campaign fund, at the treasurer's
15option.
AB155, s. 96
16Section
96. 11.38 (8) (b) of the statutes is amended to read:
AB155,51,317
11.38
(8) (b) Except as authorized in s. 11.05 (12) (b) and (13), prior to making
18any disbursement on behalf of a political group which is promoting or opposing a
19particular vote at a referendum and prior to accepting any contribution or making
20any disbursement to promote or oppose a particular vote at a referendum, a
21corporation or association organized under ch. 185 shall register with the
22appropriate filing officer specified in s. 11.02 and appoint a treasurer. The
23registration form of the corporation or association under s. 11.05 shall designate an
24account separate from all other corporation or association accounts as a campaign
25depository account, through which all moneys received or expended for the adoption
1or rejection of the referendum shall pass. The corporation or association shall file
2periodic reports under s. 11.20
and under s. 11.21 (16), if applicable, providing the
3information required under s. 11.06 (1).
AB155, s. 97
4Section
97. 11.50 (1) (a) 1. (intro.) of the statutes is created to read:
AB155,51,65
11.50
(1) (a) 1. (intro.) For purposes of qualification for a grant from the general
6account:
AB155, s. 98
7Section
98. 11.50 (1) (a) 1. of the statutes is renumbered 11.50 (1) (a) 1. a. and
8amended to read:
AB155,51,179
11.50
(1) (a) 1. a. With respect to a spring or general election, any individual
10who is certified under s. 7.08 (2) (a) as a candidate in the spring election for justice
11or state superintendent, or
an any individual who receives at least
6% 2% of the vote
12cast for all candidates on all ballots for any state office, except district attorney, for
13which the individual is a candidate at the September primary and who is certified
14under s. 7.08 (2) (a) as a candidate for that office in the general election, or an
15individual who has been lawfully appointed and certified to replace either such
16individual on the ballot at the spring or general election; and who has qualified for
17a grant under sub. (2).
AB155, s. 99
18Section
99. 11.50 (1) (a) 2. of the statutes is renumbered 11.50 (1) (a) 1. b. and
19amended to read: