AB295: Bill Text

AB295, s. 12 Section 12. 10.02 (3) (b) 2m. of the statutes is amended to read:

AB295,10,15 10.02 (3) (b) 2m. At the September primary, the elector shall select the party ballot of his or her choice or the ballot containing the names of the independent candidates for state office, the office of governor, state senator, and representative to the assembly, and make a cross (8) next to or depress the lever or button next to the candidate's name for each office for whom the elector intends to vote or insert or write in the name of the elector's choice for a party candidate, if any. In order to qualify for participation in the Wisconsin election campaign a grant from the clean elections fund, a candidate for state office the office of governor, state senator, or representative to the assembly at the September primary, other than a candidate for district attorney, or a special primary, if a special primary is held, must receive at least 6% 5% of all votes cast on all ballots for the office for which he or she is a candidate, in addition to other requirements.

AB295, s. 13 Section 13. 10.06 (1) (e) of the statutes is amended to read:

AB295,10,24 10.06 (1) (e) As soon as possible following the state canvass of the spring primary vote, but no later than the first Tuesday in March, the board shall send a type B notice certifying to each county clerk the list of candidates for the spring election. When no primary is held, this notice shall be sent under par. (c). The board shall also in any case send a certified list of candidates under s. 11.50 11.51 to the state treasurer pursuant to s. 7.08 (2) (c). When there is a referendum, the board shall send type A and C notices certifying each question to the county clerks as soon as possible, but no later than the first Tuesday in March.

AB295, s. 14 Section 14. 10.06 (1) (i) of the statutes is amended to read:

AB295,11,5 10.06 (1) (i) As soon as possible after the state canvass, but no later than the 4th Tuesday in September, the board shall send a type B notice certifying the list of candidates and type A and C notices certifying each question for any referendum to each county clerk for the general election and a certified list of candidates under s. 11.50 11.51 to the state treasurer pursuant to s. 7.08 (2) (c).

AB295, s. 15 Section 15. 11.01 (4m) and (11m) of the statutes are created to read:

AB295,11,12 11.01 (4m) "Communication" means a message transmitted by means of a printed advertisement, billboard, handbill, sample ballot, radio or television advertisement, telephone call, or any medium that may be utilized for the purpose of disseminating or broadcasting a message, but not including a poll conducted solely for the purpose of identifying or collecting data concerning the attitudes or preferences of electors.

AB295,11,24 (11m) "Independent expenditure" means an expenditure made for the purpose of making a communication that is made during the 60-day period preceding any September or special primary election for the office of governor, state senator, representative to the assembly and the date of the general or special election following that primary election, or if no special primary election for the office of state senator or representative to the assembly is held, during the 60-day period preceding a special election for one of those offices; that contains a reference to a clearly identified candidate for the office of governor, state senator, or representative to the assembly at that election; that is made without cooperation or consultation with such a candidate, or any authorized committee or agent of such a candidate; and that is not made in concert with, or at the request or suggestion of, such a candidate, or any authorized committee or agent of such a candidate.

AB295, s. 16 Section 16. 11.06 (1) (a) of the statutes is amended to read:

AB295,12,5 11.06 (1) (a) An Except as required under s. 11.51 (2), an itemized statement giving the date, full name and street address of each contributor who has made a contribution in excess of $20, or whose contribution if $20 or less aggregates more than $20 for the calendar year, together with the amount of the contribution and the cumulative total contributions made by that contributor for the calendar year.

AB295, s. 17 Section 17. 11.06 (1) (g) of the statutes is amended to read:

AB295,12,10 11.06 (1) (g) An Except as required under s. 11.51 (9), an itemized statement of every disbursement exceeding $20 in amount or value, together with the name and address of the person to whom the disbursement was made, and the date and specific purpose for which the disbursement was made.

AB295, s. 18 Section 18. 11.06 (1) (jm) of the statutes is amended to read:

AB295,12,20 11.06 (1) (jm) A copy of any separate schedule prepared or received pursuant to an escrow agreement under s. 11.16 (5). A candidate or personal campaign committee receiving contributions under such an agreement and attaching a separate schedule under this paragraph may indicate the percentage of the total contributions received, disbursements made and exclusions claimed under s. 11.31 (6) without itemization, except that amounts received from any contributor pursuant to the agreement who makes any separate contribution to the candidate or personal campaign committee during the calendar year of receipt as indicated in the schedule shall be aggregated and itemized if required under par. (a) or (b).

AB295, s. 19 Section 19. 11.12 (6) of the statutes is renumbered 11.12 (6) (a) and amended to read:

AB295,13,15 11.12 (6) (a) If any disbursement of more than $20 cumulatively is made to advocate the election or defeat of a clearly identified candidate by an individual or committee later than 15 days prior to a primary or election in which the candidate's name appears on the ballot without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or opposed, and not in concert with or at the request or suggestion of such a candidate, agent, or committee, the individual or treasurer of the committee shall, within 24 hours of making the disbursement, inform the appropriate filing officer of the information required under s. 11.06 (1) in such manner as the board may prescribe. The information shall also be included in the next regular report of the individual or committee under s. 11.20. For purposes of this paragraph, disbursements cumulate beginning with the day after the last date covered on the preprimary or preelection report and ending with the day before the primary or election. Upon receipt of a report under this paragraph, the filing officer shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom a disbursement identified in the report is made. This paragraph does not apply to any disbursement that is required to be reported as an independent expenditure under par. (b).

AB295, s. 20 Section 20. 11.12 (6) (b) of the statutes is created to read:

AB295,13,21 11.12 (6) (b) 1. If any person makes an independent expenditure or incurs an obligation to make an independent expenditure, the person shall, within 24 hours of making the independent expenditure or incurring the obligation to make the independent expenditure, report to the board the information required under this paragraph in such manner as the board may prescribe.

AB295,13,22 2. Each report under this paragraph shall contain the following information:

AB295,13,24 a. The name of each candidate who is identified in each communication financed with the independent expenditure or obligation.

AB295,14,2 b. A statement as to whether the communication is intended to support or oppose that candidate.

AB295,14,5 c. The total amount or value of the independent expenditure or obligation and the cumulative independent expenditures made and obligations to make independent expenditures incurred by the person with respect to that election.

AB295,14,11 3. If the person is a registrant, the person shall also include the information reported under subd. 2. in the next regular report of the person under s. 11.20. Upon receipt of a report under this paragraph, the board shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom an independent expenditure or obligation identified in the report is made.

AB295, s. 21 Section 21. 11.16 (5) of the statutes is amended to read:

AB295,15,2 11.16 (5) Escrow agreements. Any personal campaign committee, political party committee or legislative campaign committee may, pursuant to a written escrow agreement with more than one candidate, solicit contributions for and conduct a joint fund raising effort or program on behalf of more than one named candidate. The agreement shall specify the percentage of the proceeds to be distributed to each candidate by the committee conducting the effort or program. The committee shall include this information in all solicitations for the effort or program. All contributions received and disbursements made by the committee in connection with the effort or program shall be received and disbursed through a separate depository account under s. 11.14 (1) that is identified in the agreement. For purposes of s. 11.06 (1), the committee conducting the effort or program shall prepare a schedule in the form prescribed by the board supplying all required information under s. 11.06 (1) and items qualifying for exclusion under s. 11.31 (6) for the effort or program, and shall transmit a copy of the schedule to each candidate who receives any of the proceeds within the period prescribed in s. 11.06 (4) (c).

AB295, s. 22 Section 22. 11.21 (15) of the statutes is repealed.

AB295, s. 23 Section 23. 11.26 (2) (a) of the statutes is amended to read:

AB295,15,8 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, 4% of the value of the disbursement level specified in the schedule under s. 11.31 (1) , as adjusted under s. 11.31 (9).

AB295, s. 24 Section 24. 11.26 (9) (a) of the statutes is amended to read:

AB295,15,15 11.26 (9) (a) No individual who is a candidate for state or local office may receive and accept more than 65% of the value of the total disbursement level determined under s. 11.31 (1), as adjusted under s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party and legislative campaign committees.

AB295, s. 25 Section 25. 11.26 (9) (b) of the statutes is amended to read:

AB295,15,22 11.26 (9) (b) No individual who is a candidate for state or local office may receive and accept more than 45% of the value of the total disbursement level determined under s. 11.31 (1), as adjusted under s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement.

AB295, s. 26 Section 26. 11.26 (9) (c) of the statutes is repealed.

AB295, s. 27 Section 27. 11.26 (10) and (13) of the statutes are repealed.

AB295, s. 28 Section 28. 11.26 (17) (a) of the statutes is amended to read:

AB295,16,3 11.26 (17) (a) For purposes of application of the limitations imposed in subs. (1), (2), and (9) and (10), the "campaign" of a candidate begins and ends at the times specified in this subsection.

AB295, s. 29 Section 29. 11.31 (title) of the statutes is amended to read:

AB295,16,5 11.31 (title) Disbursement levels and limitations; calculation.

AB295, s. 30 Section 30. 11.31 (1) (intro.) of the statutes is amended to read:

AB295,16,11 11.31 (1) Schedule. (intro.) The following levels of disbursements are established with reference to the candidates listed below. Except as provided in sub. (2), such The levels are subject to adjustment under sub. (9). The levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.

AB295, s. 31 Section 31. 11.31 (2) and (2m) of the statutes are repealed.

AB295, s. 32 Section 32. 11.31 (3) of the statutes is repealed.

AB295, s. 33 Section 33. 11.31 (3m) of the statutes is repealed.

AB295, s. 34 Section 34. 11.31 (4) of the statutes is amended to read:

AB295,16,24 11.31 (4) Allocation. Except as provided in sub. (3m), whenever Whenever a separate disbursement level is specified for a primary and election under sub. (1), a candidate who disburses less than the authorized level in the primary may not reallocate the balance to increase the level in the election. Whenever a separate disbursement level is not specified for a primary and election under sub. (1), a candidate may allocate disbursements between the primary and election campaign within the total level of disbursements specified in sub. (1) in any proportion desired, and may carry over unexpended contributions from a primary campaign to an election campaign.

AB295, s. 35 Section 35. 11.31 (6) of the statutes is repealed.

AB295, s. 36 Section 36. 11.31 (7) (b) of the statutes is amended to read:

AB295,17,4 11.31 (7) (b) Disbursements which are made before a campaign period for goods to be delivered or services to be rendered in connection with the campaign are charged against the disbursement limitation level for that campaign.

AB295, s. 37 Section 37. 11.31 (7) (c) of the statutes is amended to read:

AB295,17,8 11.31 (7) (c) Disbursements which are made after a campaign to retire a debt incurred in relation to a campaign are charged against the disbursement limitation level for that campaign.

AB295, s. 38 Section 38. 11.31 (8) of the statutes is amended to read:

AB295,17,14 11.31 (8) Certain contributions excluded. The limitations imposed levels specified under this section do not apply to a gift of anything of value constituting a contribution made directly to a registrant by another, but the limitations levels shall apply to such gift when it is received and accepted by the recipient or, if received in the form of money, when disbursed.

AB295, s. 39 Section 39. 11.31 (9) of the statutes is created to read:

AB295,17,19 11.31 (9) Adjustment of disbursement levels. (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

AB295,18,7 (b) The dollar amounts of all disbursement levels specified in sub. (1) shall be subject to a cost-of-living adjustment to be determined by rule of the board in accordance with this paragraph. To determine the adjustment, the board shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for calendar year 2003. For each biennium, the board shall adjust the disbursement levels specified under sub. (1) by that percentage to the extent required to reflect any difference, rounded to the nearest multiple of $25 in the case of amounts of $1 or more, which amounts shall be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this paragraph may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare, and without a finding of emergency.

AB295, s. 40 Section 40. 11.31 (10) of the statutes is amended to read:

AB295,18,12 11.31 (10) Surplus materials excluded. Disbursements constituting surplus materials acquired in connection with a previous campaign of a candidate are not subject to limitation by included in the levels specified in this section, if the materials were previously reported as a disbursement by that candidate.

AB295, s. 41 Section 41. 11.50 of the statutes is repealed.

AB295, s. 42 Section 42. 11.51 of the statutes is created to read:

AB295,18,17 11.51 Clean elections fund grants. (1) Any candidate for the office of governor, state senator, or representative to the assembly may qualify to receive a grant from the clean elections fund by fulfilling the requirements of this section.

AB295,18,25 (2) (a) In order to qualify to receive a grant from the clean elections fund, a candidate shall obtain and deposit with the state treasurer the number of qualifying contributions specified in this subsection, in the amount of $5 each, each of which shall be received from an elector of this state and, in the case of a candidate for legislative office, an elector of the district in which the candidate seeks office. The name and address of each elector making a qualifying contribution shall be identified in a report filed with the board as provided in s. 11.06 (1) (a). The number of required qualifying contributions for a candidate for each office is:

AB295,19,1 1. Governor, 2,500.

AB295,19,2 2. State senator, 150.

AB295,19,3 3. Representative to the assembly, 50.

AB295,19,7 (b) In addition to the requirements imposed under par. (a), a candidate does not qualify to receive a grant for a general or special election unless the candidate receives at least 5% of the total vote cast for all candidates on all ballots for the same office at the September primary, or at a special primary if a special primary is held.

AB295,19,15 (3) Prior to notification that a candidate has qualified to receive a grant from the clean elections fund under sub. (7), a candidate may accept seed money contributions from individuals. The total seed money contributions accepted by a candidate from one contributor, including any seed money contributions made by a candidate to his or her own campaign, may not exceed $100. The total seed money contributions accepted by a candidate during the candidate's campaign, as defined in s. 11.26 (17), may not exceed, in the aggregate, the following amount for the office sought by candidate:

AB295,19,16 (a) Governor, $50,000.

AB295,19,17 (b) State senator, $1,500.

AB295,19,18 (c) Representative to the assembly, $500.

AB295,19,20 (4) A contributor who makes a qualifying contribution may also make a seed money contribution in the full amount authorized under sub. (3).

AB295,19,25 (5) A candidate shall remit to the state treasurer all seed money contributions received by the candidate that are unencumbered on the day the candidate receives notification of qualification for a grant under sub. (7). The state treasurer shall deposit all seed money contributions received under this subsection in the clean elections fund.

AB295,20,3 (6) No candidate who accepts a grant from the clean elections fund may accept any seed money contribution under sub. (3) after receiving notification of qualification for a grant under sub. (7).

AB295,20,14 (7) In order to qualify to receive a grant from the clean elections fund, a candidate shall file an application with the board, no later than a time specified by the board by rule, in which the candidate shall affirm that he or she has not accepted and agrees not to accept a contribution from any source other than a contribution required under sub. (2), a contribution authorized under sub. (3), and the candidate's grant from the clean elections fund during the campaign of the candidate, as defined in s. 11.31 (7). If the candidate desires to receive grant payments by electronic transfer, the candidate shall include in his or her application sufficient information and authorization for the state treasurer to transfer payments to his or her campaign depository account. The board shall notify each candidate who qualifies to receive a grant from the clean elections fund as promptly as possible following qualification.

AB295,20,19 (8) (a) The board shall distribute primary election grants from the clean elections fund to each candidate who qualifies to receive a grant under this section as soon as possible preceding the date that the primary election is held for the office which the candidate seeks or the date on which the primary election would be held if a primary election were required to be held.

AB295,21,2 (b) The board shall distribute grants for the general or for a special election from the clean elections fund to each candidate who qualifies to receive a grant under this section as soon as possible after the date of the primary election for the office sought by the candidate, or the date on which the primary election would be held if a primary election were required to be held, except that, in the case of a candidate of a recognized political party for a partisan office, the board shall distribute a grant to a candidate for an office for which a primary election was held only if the candidate was nominated at that election.

AB295,21,5 (9) A candidate who receives a grant from the clean elections fund shall file with the board reports of all disbursements made in the manner provided under s. 11.06 (1) (g), without regard to the amounts thereof.

AB295,21,10 (10) (a) Except as provided in par. (b) and subs. (11) to (13), a candidate who qualifies to receive a grant from the clean elections fund under this section shall receive a grant in the following amount for the office sought by the candidate and for the election specified, less the aggregate amount of contributions accepted by the candidate under sub. (3):

AB295,21,11 Primary General or

AB295,21,12 Office Election Special Election

AB295,21,13 1. Governor $500,000 $1,000,000

AB295,21,14 2. State senator 36,000 72,000

AB295,21,15 3. Representative to the assembly 18,000 36,000

AB295,22,4 (b) If a candidate does not have an opponent who has qualified to have his or her name appear on the ballot at the election for which a grant is to be applied, the candidate shall receive a grant for a primary election equal to the average total disbursements made per candidate in primary election campaign periods, as determined by the board from reports filed by or on behalf of those candidates in accordance with s. 11.31 (5), for the office that the candidate seeks during the 4-year period preceding the date of the primary election, or a grant for a general or special election equal to the average total disbursements made per candidate in general and special election campaign periods, as determined by the board from reports filed by or on behalf of those candidates in accordance with s. 11.31 (5), for the office that the candidate seeks during the 4-year period preceding the date of the general or special election, except that a candidate for the office of governor shall receive a grant of $100,000 for a primary election and a grant of $200,000 for a general or special election.

AB295,22,7 (11) (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

AB295,22,21 (b) The dollar amounts of the grants specified in sub. (10) (a) and the grants specified for the office of governor in sub. (10) (b) shall be subject to a cost-of-living adjustment to be determined by rule of the board in accordance with this paragraph. To determine the adjustment, the board shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for calendar year 2003. For each biennium, the board shall adjust the grant amounts specified in sub. (10) by that percentage to the extent required to reflect any difference, rounded to the nearest multiple of $25 in the case of amounts of $1 or more, which amounts shall be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this paragraph may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare, and without a finding of emergency.

AB295,23,6 (12) If any independent expenditure is made or any obligation to make an independent expenditure is incurred by any person in opposition to a candidate who receives a grant from the clean elections fund or in support of an opponent of such a candidate whose name is certified to appear on the same ballot, then the candidate who receives a grant shall receive an additional grant in the total amount of the obligations incurred and the independent expenditures made that were not previously reported as obligations, as reported to the appropriate filing officer under s. 11.12 (6) (b), but not to exceed, in combination with any additional grant payable to that candidate under sub. (13), 2.5 times the amount payable to the candidate under sub. (10), as adjusted under sub. (11).

AB295,23,20 (13) If a candidate who receives a grant from the clean elections fund is opposed on a primary or election ballot by another candidate who does not receive a grant or by another candidate who the board determines has violated his or her agreement under sub. (7), the candidate who receives a grant shall receive an additional grant in the amount by which the disbursements made by the other candidate exceed the amount of the grant payable for the office sought by the candidate in that election under sub. (10), as adjusted under sub. (11), but not to exceed, in combination with any additional grant payable to that candidate under sub. (12), 2.5 times the amount payable to the candidate under sub. (10), as adjusted under sub. (11). If a candidate who receives a grant from the clean elections fund is opposed on a primary or election ballot by more than one candidate who does not receive a grant or who the board determines has violated his or her agreement under sub. (7), the amount of the grant payable under this subsection is the largest amount that would be payable by reason of any candidate's opposition.

AB295,24,2 (14) If a candidate who makes an agreement under sub. (7) does not adhere to the agreement, the candidate shall forfeit an amount equivalent to any grant from the clean elections fund that is provided to the candidate and the candidate may be fined not more than 3 times the amount of any contributions received by the candidate in his or her campaign, as defined in s. 11.26 (17), exclusive of the amount of any grant or any contributions deposited under sub. (2) or received under sub. (3).