AB303: Bill Text

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)