AB303: Bill Text

AB303,10,12 (17) "Seed money contribution" means a contribution in an amount of not more than $100 made to a candidate during the exploratory period or the public financing qualifying period, or a contribution made to a candidate consisting of personal funds of that candidate in an amount not more than the amount authorized under s. 11.507 during the exploratory period or the public financing qualifying period. "Seed money contribution" does not include a contribution for a purpose authorized under s. 11.506 (1m).

AB303,11,2 11.502 Qualification and certification at primary election. (1) Before a candidate for the office of justice in the primary election may be certified as an eligible candidate to receive a public financing benefit for the primary election campaign period, or for the election campaign period if no spring primary election for the office of justice is held, the candidate shall apply to the board for a public financing benefit and file a sworn statement that the candidate has complied and will comply with all requirements of ss. 11.502 to 11.518 throughout the applicable campaign. If the candidate desires to receive public financing benefits 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. A candidate shall file the application and statement, together with the list of qualifying contributions required under s. 11.510 (1), no later than 5 p.m. on the 10th day after the last day prescribed by law for filing nomination papers for the office of justice.

AB303,11,7 (2) A candidate for the office of justice shall be certified by the board as an eligible candidate for receipt of a public financing benefit if the candidate complies with sub. (1) and receives qualifying contributions from at least 500 individuals in amounts equal to not less than $10 nor more than $100 before the close of the public financing qualifying period.

AB303,11,10 (3) The board shall verify a candidate's compliance with the requirements of sub. (2) by such verification and sampling techniques as the board considers appropriate.

AB303,11,23 (4) Within 3 business days after the deadline provided under sub. (1), any person may challenge the validity of any contribution listed by a candidate by filing a written challenge with the board setting forth any reason why the contribution should not be accepted as a qualifying contribution. Within 5 business days after the deadline provided under sub. (1), the candidate who listed any contribution that is the subject of a challenge may file with the board an additional contribution within the total limitation prescribed under s. 11.509 for consideration as a qualifying contribution. If a contribution is challenged under this subsection, the board shall decide the validity of the challenge no later than the end of the next business day after the day that the challenge is filed, unless the board determines that the candidate whose contribution is challenged has sufficient qualifying contributions to be certified as an eligible candidate under this section without considering the challenge.

AB303,11,25 (5) A qualifying contribution may be utilized only for the purpose of making a disbursement authorized by law.

AB303,12,12 11.503 Qualification and certification at spring election. (1) If a spring primary for the office of justice is held, and a candidate is nominated at the primary to have his or her name appear as a candidate for the office of justice in the spring election, that candidate may apply to the board to receive a public financing benefit for the spring election. Before a candidate may be certified as an eligible candidate to receive a public financing benefit for the spring election, the candidate shall file with the board a sworn statement that the candidate has fulfilled all the requirements of ss. 11.502 to 11.518 during the primary election campaign period and will comply with such requirements during the election campaign period. A candidate shall file the application and statement no later than the day after the date of the spring primary election or the day on which the primary election would be held if a primary were required.

AB303,12,15 (2) The board shall certify a candidate as an eligible candidate for receipt of public financing for a spring election if the candidate qualifies under sub. (1) to receive the benefit and the candidate complies with sub. (1).

AB303,12,19 11.506 Requirements imposed upon candidates. (1) Except provided in sub. (1m), an eligible candidate may not accept private contributions other than seed money contributions and qualifying contributions that the candidate accepts during the exploratory period and the public financing qualifying period.

AB303,13,3 (1m) An eligible candidate may accept private contributions at any time for the purpose of payment of legal expenses in connection with a civil investigation or prosecution for an alleged violation of this chapter by the candidate or his or her personal campaign committee, payment of civil penalties incurred under this chapter by the candidate or his or her personal campaign committee, payment of recount expenses incurred by the candidate or his or her personal campaign committee, or payment of inaugural expenses of the candidate, subject to applicable contribution limitations under s. 11.26. This subsection does not preclude payment of such expenses in any other lawful manner.

AB303,13,11 (2) In addition to reports required to be filed under ss. 11.12 (5) and 11.20, a candidate who receives a public financing benefit shall furnish complete financial records, including records of seed money contributions, qualifying contributions, and disbursements, to the board on the 15th or the last day of the month that immediately follows the receipt of the contribution or the making of the disbursement, whichever comes first, except that during July, August, and September records need only be furnished on the last day of the month. Each such candidate shall cooperate with any audit or examination by the board.

AB303,13,18 (3) In addition to complying with ss. 11.06 (5) and 11.12 (3), a candidate who receives a public financing benefit shall maintain records of all seed money and qualifying contributions received. These records shall contain the full name of the contributor and the contributor's full home address. In addition, if a contributor's aggregate contributions to any candidate exceed $50 for any campaign, the candidate shall also maintain a record of the contributor's principal occupation and the name and business address of the contributor's place of employment.

AB303,13,21 (4) Failure to record any information pertaining to a contribution under sub. (3) or to provide the board with that information upon request disqualifies the contribution from being counted as a qualifying contribution under s. 11.502 (2).

AB303,13,25 (5) No eligible candidate and no person acting on an eligible candidate's behalf may deposit in the candidate's campaign depository account any contribution unless the information pertaining to that contribution required under sub. (3) has first been recorded by the candidate.

AB303,14,4 (6) No eligible candidate may accept more than $25 in cash from any contributor and no such candidate may accept cash from all sources in a total amount greater than one-tenth of 1% of the public financing benefit for the office of justice or $500, whichever is greater.

AB303,14,7 11.507 Personal funds of candidates. (1) The personal funds of a candidate contributed as seed money contributions may not exceed an aggregate amount of $5,000.

AB303,14,10 (2) No eligible candidate may make any disbursement derived from personal funds after the close of the public financing qualifying period, except for a purpose authorized under s. 11.506 (1m).

AB303,14,15 11.508 Seed money contributions. An eligible candidate may accept seed money contributions from any individual or committee prior to the end of the public financing qualifying period. The total seed money contributions accepted by a candidate from one contributor, except personal funds authorized under s. 11.507 (1), may not exceed $100.

AB303,14,24 11.509 Disbursements from seed money and qualifying contributions; excess contributions. An eligible candidate may make disbursements not exceeding a total of $25,000 from seed money and qualifying contributions received by the candidate at any time after the beginning of the exploratory period. An eligible candidate shall remit to the board all seed money and qualifying contributions received by the candidate exceeding a total of $25,000 within 48 hours after the end of the exploratory period. The board shall deposit all contributions received under this section in the democracy trust fund. This section does not apply to disbursements for a purpose specified in s. 11.506 (1m).

AB303,15,7 11.510 Certification by candidate. (1) To apply for a public financing benefit, a candidate shall, no later than the time specified in s. 11.502 (1), submit a list identifying the requisite number of qualifying contributions under s. 11.502 (2) that have been received by the candidate, and shall certify to the board that the candidate has made all disclosures required as of the time of application. The candidate's request for certification shall be signed by the candidate and the candidate's campaign treasurer.

AB303,15,9 (2) The board shall process applications for public financing benefits in the order received.

AB303,15,14 (3) The board shall determine a candidate's eligibility to receive a public financing benefit for a spring primary no later than 3 business days after the time that the candidate files the list of qualifying contributions and the certification required under sub. (1) or, if a challenge is filed under s. 11.502 (4), no later than 6 business days after the deadline specified in s. 11.502 (1).

AB303,15,18 (4) The board shall determine a candidate's eligibility to receive a public financing benefit for a spring election no later than 2 business days after the date of the spring primary, or if no spring primary is held, no later than the time prescribed under sub. (3).

AB303,15,23 (5) If the board determines that a candidate is eligible to receive a public financing benefit under sub. (3) or (4), the board shall immediately issue a check for or transfer to the candidate's campaign depository account an amount equal to the initial public financing benefit for which the candidate qualifies and shall notify all other candidates for the office of justice of its determination.

AB303,16,6 (6) If a candidate who receives a public financing benefit intentionally violates the requirements of ss. 11.502 to 11.518, the board shall require the candidate to repay all public funds received by the candidate to the board. If a candidate who receives a public financing benefit otherwise violates the requirements of ss. 11.502 to 11.518, the board shall require the candidate to repay a portion of the public funds received by the candidate to the board. The amount of any such repayment shall be commensurate with the severity of the violation. The board shall deposit all repayments received under this subsection in the democracy trust fund.

AB303,16,17 11.511 Public financing benefits. (1) The board shall provide to each eligible candidate who qualifies to receive a public financing benefit for the primary or election campaign period separate checks or transfers equal to the public financing benefits payable to the candidate for the primary or election campaign periods in the amounts specified in this section, subject to any required adjustment under s. 11.512 (2) or 11.513 (3). An eligible candidate may use a public financing benefit to finance any lawful disbursements during the primary and election campaign periods to further the election of the candidate in that primary or election. An eligible candidate may not use a public financing benefit to repay any loan or use a public financing benefit in violation of ss. 11.502 to 11.518 or any other applicable law.

AB303,16,19 (2) The initial public financing benefit for a primary election campaign period is $100,000.

AB303,16,21 (3) The initial public financing benefit for an election campaign period is $300,000.

AB303,16,24 (4) If there is no spring primary election for the office of justice, no eligible candidate may receive a public financing benefit for the primary election campaign period.

AB303,17,5 (5) An eligible candidate who receives a public financing benefit in the primary election campaign period and whose name is certified to appear on the ballot at the election following that primary may utilize any unencumbered balance of the public financing benefit received by the candidate in the primary election campaign period for the election campaign period.

AB303,17,6 (6) (a) In this subsection:

AB303,17,9 1. "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.

AB303,17,12 2. "Voting age population of this state" means the voting age population of this state, as determined by the federal election commission in its most recent determination prior to the date of any calculation under this subsection.

AB303,18,2 (b) The dollar amounts of the public financing benefits provided for in subs. (2) and (3) shall be subject to a biennial adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall calculate the percentage difference between the voting age population of this state on December 31 of each odd-numbered year and the voting age population of this state on December 31, 2003. The board shall then 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. The board shall then multiply the public financing benefits by the percentage difference in the voting age populations. The board shall then multiply that product by the percentage difference in the consumer price indexes. For each biennium beginning on July 1 of an even-numbered year, the board shall adjust the public financing benefits provided for in subs. (2) and (3) by rounding that result to the nearest multiple of $25 and substituting that result for the existing amounts if different from the adjusted amounts.

AB303,19,3 11.512 Financial activity by nonparticipating candidates. (1) In addition to other reports required by law, a nonparticipating candidate for the office of justice at a primary or election shall file a report with the board no later than 7 days after receiving notice from the board under s. 11.510 (5). The report shall contain a statement of the total contributions received and disbursements made by the candidate since that date of the candidate's most recent report and cumulatively for the campaign as of the date of the report. In addition, a nonparticipating candidate who makes disbursements that equal or exceed 90% of the public financing benefit for the office of justice for the primary election campaign period or for the election campaign period shall, within 7 days of making disbursements that equal or exceed that amount for that period, file a report with the board containing a statement of the total contributions received and disbursements made by the candidate. A nonparticipating candidate shall file additional reports after the candidate receives each additional $1,000 of contributions, or the candidate makes each additional $1,000 of disbursements. Such reports shall be made within 24 hours after each instance in which such contributions are received or such disbursements are made, except that if a nonparticipating candidate receives notification under s. 11.510 (5) that an opposing candidate has qualified to receive a public financing benefit for the primary election period, the obligation to file reports under this subsection terminates on the day of the primary election. If the nonparticipating candidate receives notification under s. 11.510 (5) that an opposing candidate has qualified to receive a public financing benefit for the spring election period, the nonparticipating candidate shall resume filing reports under this subsection no later than 7 days after receiving that notice. The board shall transmit copies of all reports received under this subsection to all candidates for the office of justice at the same election.

AB303,19,18 (2) Upon receipt of any report indicating that a nonparticipating candidate has received total contributions or made total disbursements in excess of the public financing benefit for the office of justice applicable to the primary, if prior to the date that the spring primary for the office of justice is held or the date that the primary would be held if a primary were required, or applicable to the election, if on or after that date, the board shall promptly issue a check or transfer to each eligible opposing candidate who qualifies to receive a public financing benefit an additional public financing benefit. The amount of the additional public financing benefit shall equal the amount by which the total contributions received or the total disbursements made by the nonparticipating candidate, whichever is greater, exceed the amount of the initial public financing benefit for the office of justice applicable under this subsection to the period during which the excess contributions are received or excess disbursements are made, but not to exceed, when combined with any amount received under s. 11.513 (3), 3 times the amount of the initial public financing benefit for that period.

AB303,20,7 11.513 Independent expenditures. (1) (a) If any person makes one or more communications to be financed with independent expenditures exceeding $2,000 in the aggregate, that person shall file a report with the board. The report shall be made whenever the person makes one or more communications financed or to be financed with independent expenditures exceeding $2,000 in the aggregate and whenever the person makes one or more additional communications financed or to be financed with independent expenditures exceeding $2,000 in the aggregate that are not identified in a previous report under this subsection. Reports required under this subsection shall be filed within 7 days after the date that communications financed with independent expenditures exceeding $2,000 in the aggregate that are not identified in a previous report are made, or if communications are made within 15 days of the date of a spring primary or election, within 24 hours after the date that communications financed with independent expenditures exceeding $2,000 in the aggregate that are not identified in a previous report are made.

AB303,20,15 (b) If a person makes or incurs an obligation to make a single independent expenditure for the purpose of financing communications that are to be made on more than one day, the person may report the entire expenditure under par. (a) for the day on which the person makes the first communication financed by the expenditure, or the person may report for each day on which the person makes one or more communications financed by the expenditure the proportionate amount of the expenditure attributable to the cost of the communication or communications made on that day.

AB303,20,16 (2) Each report filed under sub. (1) shall contain the following information:

AB303,20,18 (a) The name of each candidate who is identified in each communication financed by an independent expenditure.

AB303,20,21 (b) A statement as to whether the communication is intended to support or oppose any candidate who is identified under par. (a) and if so, the name of that candidate.

AB303,20,24 (c) The total amount or value of the independent expenditure and the cumulative aggregate independent expenditures made by the person with respect to that election.

AB303,21,11 (3) When the sum of the aggregate independent expenditures reported made against an eligible candidate, and the independent expenditures made for that candidate's opponent, as reported under sub. (1), exceed 20% of the public financing benefit for the office of justice in the primary or election for which the expenditures are made, the board shall issue a check or transfer to that candidate an additional public financing benefit. The amount of the additional public financing benefit shall equal the total such independent expenditures made, but not to exceed, when combined with any amount received under s. 11.512 (2), 3 times the amount of the initial public financing benefit for that primary or election. The board shall issue the check or make the transfer required under this subsection no later than 24 hours after the additional public financing benefit becomes due.

AB303,21,18 (4) If a person who makes an independent expenditure does not indicate whether an independent expenditure is made against an eligible candidate or for an eligible candidate's opponent, or if the report reasonably appears to be incorrect, the board may obtain a copy of the communication and, after examination, determine whether the expenditure was made against an eligible candidate or for an eligible candidate's opponent for purposes of sub. (3). Any determination made by the board under this subsection applies solely for the purpose of administration of sub. (3).

AB303,21,20 11.515 Democracy trust fund disbursements. (1) The democracy trust fund shall be administered by the state treasurer.

AB303,21,25 (2) No eligible candidate or agent of an eligible candidate may make a disbursement in the form of cash, except in an amount not exceeding $100 for the purpose of making subsequent cash disbursements in amounts not exceeding $25. An eligible candidate shall maintain records of all cash disbursements and shall report such disbursements to the board in accordance with ss. 11.06 (1) and 11.506.

AB303,22,2 11.516 Administration. Except as otherwise specifically provided in ss. 11.501 to 11.518, the board shall administer and enforce ss. 11.501 to 11.518.

AB303,22,8 11.517 Penalties; enforcement. (1) Except as authorized in s. 11.506 (1m), if an eligible candidate makes disbursements that exceed the total amount of the public financing benefit allocated to the candidate for any campaign and the total qualifying and seed money contributions lawfully accepted by the candidate, the candidate may be required to forfeit not more than 10 times the amount by which the disbursements exceed the allocation.

AB303,22,11 (2) Any eligible candidate who accepts contributions in excess of any limitation imposed under ss. 11.502 to 11.518 may be required to forfeit not more than 10 times the amount by which the contributions exceed the applicable limitation.

AB303,22,19 (3) If the board finds that there is probable cause to believe that a candidate has made excess disbursements or has accepted excess contributions contrary to sub. (1) or (2), the board shall attempt, for a period of not more than 14 days after its finding, to correct the matter by informal methods of conference and conciliation and to enter into a settlement and conciliation agreement under s. 5.05 (1) (c) with the person involved. A settlement and conciliation agreement made pursuant to this subsection shall be a matter of public record. Unless violated, a settlement and conciliation agreement is a bar to any civil action under sub. (4).

AB303,22,25 (4) If the board has probable cause to believe that a candidate has made excess disbursements or has accepted excess contributions, and the board is unable to correct the matter by informal methods within the time prescribed in sub. (3), the board shall make a public finding of probable cause in the matter. After making a public finding, the board shall bring an action in the circuit court for Dane County to impose a forfeiture under sub. (1) or (2).

AB303,23,6 (5) If any elector of this state believes that a candidate has violated ss. 11.502 to 11.518, the elector may file a complaint with the board requesting it to take remedial action. If the board refuses to take remedial action or, within 30 days after the filing of such a complaint, fails to take remedial action, the elector may commence a civil action in the appropriate circuit court under sub. (4) requesting the court to impose a forfeiture under sub. (1) or (2).

AB303,23,9 (6) The board and courts shall expedite all proceedings under ss. 11.502 to 11.518 so that all complaints brought prior to an election are resolved, to the extent possible, before the election is held.

AB303,23,13 (7) If a complaint brought under ss. 11.502 to 11.518 is resolved against the complainant and the court finds that the complaint has been brought in bad faith and without a reasonable basis, the board or court may assess costs, including reasonable attorney fees, against the complainant.

AB303,23,20 11.518 Prohibited acts. (1) If a candidate or agent of a candidate knowingly accepts more contributions than the candidate is entitled to receive, or makes disbursements exceeding the total amount of the public financing benefit received by the candidate, and the total amount of the qualifying and seed money contributions lawfully received by the candidate, except as authorized under s. 11.506 (1m), the candidate or agent may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB303,23,24 (2) If a candidate who receives a public financing benefit, or an agent of such a candidate, knowingly makes a disbursement by means other than through use of the candidate's campaign depository account, the candidate or agent may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB303,24,5 (3) If, in connection with the receipt or disbursement of a public financing benefit for an election campaign, any person knowingly provides false information to the board or knowingly conceals or withholds information from the board, that person may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB303, s. 19 Section 19. 12.05 of the statutes is amended to read:

AB303,24,12 12.05 False representations affecting elections. No person may knowingly make or publish, or cause to be made or published, a false representation pertaining to a candidate or referendum which that is intended or tends to affect voting at an election. This section does not apply to any information reported by a person making an independent expenditure, as defined in s. 11.501 (10), under s. 11.513 (2) (b).

AB303, s. 20 Section 20. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

AB303, s. 21 Section 21. 20.510 (1) (r) of the statutes is created to read:

AB303,25,2 20.510 (1) (r) Democracy trust fund administration. From the democracy trust fund, the amounts in the schedule for the administration of ss. 11.501 to 11.518.

AB303, s. 22 Section 22. 20.585 (1) (q) of the statutes is created to read:

AB303,25,6 20.585 (1) (q) Democracy trust fund. As a continuing appropriation, from the democracy trust fund, the moneys determined under ss. 11.501 to 11.518 to provide for payments to eligible candidates.

AB303, s. 23 Section 23. 20.585 (1) (r) of the statutes is created to read:

AB303,25,9 20.585 (1) (r) Democracy trust fund administration. From the democracy trust fund, the amounts in the schedule for the administration of ss. 11.501 to 11.518.

AB303, s. 24 Section 24. 20.855 (4) (bb) of the statutes is created to read:

AB303,25,16 20.855 (4) (bb) Democracy trust fund transfer. A sum sufficient equal to the amounts appropriated under ss. 20.510 (1) (r) and 20.585 (1) (r) and the amounts required to provide public financing benefits that candidates qualify to receive from the democracy trust fund, to be transferred from the general fund to the democracy trust fund no later than the time required to make payments of grants under ss. 11.510 (5), 11.512 (2), and 11.513 (3).

AB303, s. 25 Section 25. 25.17 (1) (cm) of the statutes is created to read:

AB303,25,18 25.17 (1) (cm) Democracy trust fund (s. 25.421);

AB303, s. 26 Section 26. 25.421 of the statutes is created to read:

AB303,25,23 25.421 Democracy trust fund. All moneys appropriated under s. 20.855 (4) (bb) and all moneys deposited in the state treasury under ss. 11.509 and 11.510 (6) constitute the democracy trust fund, to be expended for the purposes of ss. 11.501 to 11.518.

AB303, s. 27 Section 27. Nonstatutory provisions.

AB303,25,25 (1) Nonseverability.

AB303,26,3 (a) Notwithstanding section 990.001 (11) of the statutes, if a court finds that any part of section 11.513 of the statutes, as created by this act, is unconstitutional, that entire section is void.

AB303,26,6 (b) Notwithstanding section 990.001 (11) of the statutes, if a court finds that any part of section 11.512 of the statutes, as created by this act, is unconstitutional, this entire act is void.

AB303,26,15 (2) Use of prior balances by candidates. Notwithstanding sections 11.506 (1), 11.509, 11.511, 11.512 (2) , 11.513 (3), and 11.517 of the statutes, as created by this act, an eligible candidate for the office of justice who has an unencumbered balance in his or her campaign depository account on the effective date of this subsection that was lawfully received in accordance with the law in effect prior to the effective date of this subsection may make disbursements from that balance, but the total amount of the public financing benefit payable to that candidate under sections 11.511, 11.512 (2), and 11.513 (3) of the statutes, as created by this act, is decreased by the amount of that balance.

AB303, s. 28 Section 28. Effective date.

AB303,26,18 (1) This act takes effect on July 1, 2001, or the day after publication, whichever is later.

AB303,26,19 (End)