LRB-1518/1
JTK&RJM:wlj&kmg:km
2001 - 2002 LEGISLATURE
April 6, 2001 - Introduced by Representatives Bock, Musser, Ainsworth, Young,
Pocan, Gunderson, Carpenter, Berceau, Reynolds, Ryba, Richards, Black,
Plouff, Meyerhofer, Cullen, Coggs, Balow, Turner, J. Lehman, Shilling,
Morris-Tatum, Travis, Kreuser, Hebl, Schooff, Riley, Huber, Krug, Miller,
Lassa and Sinicki, cosponsored by Senators George, Risser, Robson,
Grobschmidt, Rosenzweig, Darling, Burke, Plache, Baumgart, Wirch and
Shibilski. Referred to Committee on Campaigns and Elections.
AB303,1,7
1An Act to repeal 11.50 (3) (a) 2.;
to amend 5.05 (1) (e), 8.35 (4) (b), 11.16 (2), 11.26
2(1) (a), 11.26 (2) (a), 11.26 (9) (a), 11.26 (9) (b), 11.26 (13), 11.27 (1), 11.31 (1) (d),
311.50 (1) (a) 1., 11.50 (3) (b) and 12.05; and
to create 11.001 (2m), 11.26 (1) (am),
411.26 (2) (am), 11.26 (9) (ba), 11.501 to 11.518, 20.510 (1) (r), 20.585 (1) (q),
520.585 (1) (r), 20.855 (4) (bb), 25.17 (1) (cm) and 25.421 of the statutes;
relating
6to: campaign financing with respect to the office of justice of the supreme court,
7making appropriations, and providing penalties.
Analysis by the Legislative Reference Bureau
This bill makes numerous changes in the campaign finance law affecting
campaigns for the office of justice of the supreme court. The bill removes candidates
for the office of justice from eligibility for grants under the Wisconsin election
campaign fund, under which eligible candidates for state offices (except district
attorney, court of appeals judge, and circuit judge) may receive public grants from
state general purpose revenues derived from designations made by individuals filing
state income tax returns. To finance elections for the office of justice, the bill instead
creates a democracy trust fund, under which eligible candidates for this office may
receive public financing benefits derived from general purpose revenues without
regard to designations made by individuals filing state income tax returns.
Currently, a candidate for the office of justice of the supreme court may qualify
to receive a grant from the Wisconsin election campaign fund for use in only an
election campaign. No funding is provided for primary campaigns. To qualify for a
grant, a candidate must qualify to have his or her name appear on the spring election
ballot and must have an opponent who qualifies to have his or her name appear on
that ballot. The maximum amount of a grant that a candidate may receive is
$97,031. This amount is not subject to any cost of living adjustment. In addition,
this amount is reduced by the total amount of contributions received by a candidate
from special interest and personal campaign committees, and this amount may not
be fully funded in a particular year if there are not sufficient moneys in the Wisconsin
election campaign fund to provide full financing for all qualifying candidates. A
candidate must agree to abide by spending and self-contribution limits to receive a
grant, but this agreement does not apply if the candidate has an opponent who could
have qualified for a grant but declines to do so and declines to file an affidavit of
voluntary compliance with spending and self-contribution limits.
Under this bill, a candidate for the office of justice of the supreme court may
qualify for a public financing benefit from the democracy trust fund to finance a
campaign in a primary or election by receiving qualifying contributions from at least
500 residents of this state in amounts of not less than $10 nor more than $100. A
candidate who accepts a public financing benefit may accept "seed money"
contributions in amounts of $100 or less and may contribute personal funds in an
aggregate amount not exceeding $5,000 during specified periods. With limited
exceptions, a candidate who accepts a public financing benefit may not accept any
contributions other than qualifying and seed money contributions, including
contributions from personal funds. Disbursements (expenditures) made by a
candidate from qualifying and seed money contributions may not exceed $25,000.
If a candidate who accepts a public financing benefit receives qualifying and seed
money contributions in a total amount greater than $25,000, the candidate must
remit the excess contributions to the elections board for deposit in the democracy
trust fund. Initial public financing benefits for eligible candidates are $100,000 in
the spring primary and $300,000 in the spring election. The benefits are subject to
a biennial cost of living adjustment, beginning in 2004, in accordance with the rate
of increase or decrease in the "consumer price index," as determined by the U.S.
department of labor, with the result in turn adjusted by the rate of increase or
decrease in the voting age population of this state, as determined by the federal
election commission. The bill provides that if a candidate for the office of justice has
an unencumbered balance in his or her campaign depository account on the day the
bill becomes law, that candidate may make disbursements from that balance for his
or her campaign, but an amount equal to the balance is deducted from the candidate's
public financing benefit.
In addition, if a candidate's opponent declines to accept a public financing
benefit and accepts contributions or makes disbursements in a total amount that
exceeds the amount of the initial public financing benefit for a candidate who accepts
a public financing benefit, the candidate who accepts a public financing benefit
receives additional funding equivalent to the excess contributions accepted or
disbursements made by his or her opponent. The funding is determined on the basis
of information provided by candidates who decline to accept public financing
benefits. Under the bill, these candidates must file reports with the board disclosing
their total contributions accepted and disbursements made. A candidate who
receives a public financing benefit also receives additional funding equivalent to
independent expenditures for communications exceeding $2,000 cumulatively for
certain communications made against the candidate or in support of his or her
opponents if those expenditures exceed 20% of the amount of the public financing
benefit for the office of justice. The bill defines "independent expenditure" to include
only those expenditures made independently of a candidate for the office of justice
for communications that contain a reference to such a candidate and that are made
during the period beginning 30 days before the spring primary and ending on the
date of the spring election (or during the last 60 days before the spring election if no
primary is held). The bill requires persons who make communications financed with
independent expenditures to file reports with the board disclosing the amounts
expended for those expenditures. Under the bill, additional funding may not exceed
three times the amount of the initial public financing benefit.
Currently, individuals and committees making political contributions to
candidates for the office of justice of the supreme court are subject to limitations on
the amount or value of any contribution or contributions that may be made
cumulatively to any candidate in a campaign. The limitations are $10,000 in the case
of an individual making any contribution or contributions to a candidate and $8,625
in the case of a committee making any contribution or contributions to a candidate.
This bill replaces these limitations with a contribution limitation of $5,000
applicable to an individual or committee making any contribution or contributions
to a candidate for the office of justice. Because, under the bill, a candidate who
accepts a public financing benefit is subject to more restrictive provisions in most
cases, the limitations generally apply only to contributions made to a candidate who
declines to accept a public financing benefit.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB303, s. 1
1Section
1. 5.05 (1) (e) of the statutes is amended to read:
AB303,4,52
5.05
(1) (e) Delegate to its executive director the authority to issue a subpoena
3under par. (b), apply for a search warrant under par. (b), commence an action under
4par. (d), intervene in an action or proceeding under sub. (9), issue an order under s.
55.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a),
6exempt a municipality from the requirement to use voting machines or an electronic
1voting system under s. 5.40 (5m), approve an electronic data recording system for
2maintaining poll lists under s. 6.79,
or authorize nonappointment of an individual
3who is nominated to serve as an election official under s. 7.30 (4) (e),
or make a
4determination concerning the nature of an independent expenditure under s. 11.513
5(4), subject to such limitations as the board deems appropriate.
AB303, s. 2
6Section
2. 8.35 (4) (b) of the statutes is amended to read:
AB303,4,167
8.35
(4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys
8received by a candidate from the Wisconsin election campaign fund shall be
9immediately transferred to any candidate who is appointed to replace such
10candidate, upon filing of a proper application therefor under s. 11.50 (2). If there is
11no candidate appointed or if no proper application is filed within 7 days of the date
12on which the vacancy occurs, such moneys shall revert to the state as provided in s.
1311.50 (8).
Notwithstanding par. (a), any unspent and unencumbered moneys
14received by a candidate from the democracy trust fund shall be immediately
15transferred to any candidate who is appointed to replace such candidate. If there is
16no candidate appointed, the moneys shall revert to the state.
AB303, s. 3
17Section
3. 11.001 (2m) of the statutes is created to read:
AB303,5,1318
11.001
(2m) The declarations of policy and intent in this section have
19particular application in elections for the office of justice. The legislature finds that
20an independent, elected judiciary is an indispensable part of state government, and
21it is essential that the public have confidence in the absolute integrity of the
22nonpartisan judiciary in general and the supreme court in particular, which has
23supervisory authority over the judiciary. To the extent consistent with the state and
24federal constitutions, judicial elections should be free from both partisan and
25financial influence, including even the suggestion that a judicial candidate is
1associated with a committee, group, or cause other than the candidate's own personal
2campaign committee. Ethical constraints may limit the ability of judicial candidates
3to engage in fund raising, and candidates who are incumbent judges may have
4limited ability to discuss cases in which they have been involved. The legislature
5finds, therefore, that there is a compelling justification for public financing of
6campaigns for the office of justice, to help remove even the appearance of impropriety
7from the electoral process. The legislature further finds a compelling justification
8for minimal disclosure of all communications made near the time of an election that
9include the name or likeness of a candidate for the office of justice to allow increased
10funding for such candidates based upon independent expenditures. This minimal
11disclosure burden is outweighed by the need to establish an effective funding
12mechanism for candidates for the office of justice to effectively respond to
13independent expenditures that may impact an election for that office.
AB303, s. 4
14Section
4. 11.16 (2) of the statutes is amended to read:
AB303,5,2115
11.16
(2) Limitation on cash contributions. Every Except as provided in s.
1611.506 (6), every contribution of money exceeding $50 shall be made by negotiable
17instrument or evidenced by an itemized credit card receipt bearing on the face the
18name of the remitter. No treasurer may accept a contribution made in violation of
19this subsection. The treasurer shall promptly return the contribution, or donate it
20to the common school fund or to a charitable organization in the event that the donor
21cannot be identified.
AB303, s. 5
22Section
5. 11.26 (1) (a) of the statutes is amended to read:
AB303,5,2423
11.26
(1) (a) Candidates for governor, lieutenant governor, secretary of state,
24state treasurer, attorney general,
or state superintendent
or justice, $10,000.
AB303, s. 6
25Section
6. 11.26 (1) (am) of the statutes is created to read:
AB303,6,1
111.26
(1) (am) Candidates for justice, $5,000.
AB303, s. 7
2Section
7. 11.26 (2) (a) of the statutes is amended to read:
AB303,6,53
11.26
(2) (a) Candidates for governor, lieutenant governor, secretary of state,
4state treasurer, attorney general,
or state superintendent
or justice, 4% of the value
5of the disbursement level specified in the schedule under s. 11.31 (1).
AB303, s. 8
6Section
8. 11.26 (2) (am) of the statutes is created to read:
AB303,6,77
11.26
(2) (am) Candidates for justice, $5,000.
AB303, s. 9
8Section
9. 11.26 (9) (a) of the statutes is amended to read:
AB303,6,149
11.26
(9) (a)
No Except as provided in par. (ba), no individual who is a candidate
10for state or local office may receive and accept more than 65% of the value of the total
11disbursement level determined under s. 11.31 for the office for which he or she is a
12candidate during any primary and election campaign combined from all committees
13subject to a filing requirement, including political party and legislative campaign
14committees.
AB303, s. 10
15Section
10. 11.26 (9) (b) of the statutes is amended to read:
AB303,6,2116
11.26
(9) (b)
No Except as provided in par. (ba), no individual who is a candidate
17for state or local office may receive and accept more than 45% of the value of the total
18disbursement level determined under s. 11.31 for the office for which he or she is a
19candidate during any primary and election campaign combined from all committees
20other than political party and legislative campaign committees subject to a filing
21requirement.
AB303, s. 11
22Section
11. 11.26 (9) (ba) of the statutes is created to read:
AB303,6,2423
11.26
(9) (ba) Paragraphs (a) and (b) do not apply to a candidate who receives
24a public financing benefit from the democracy trust fund.
AB303, s. 12
25Section
12. 11.26 (13) of the statutes is amended to read:
AB303,7,3
111.26
(13) Except Public financing benefits received from the democracy trust
2fund and, except as provided in sub. (9), contributions received from the Wisconsin
3election campaign fund are not subject to limitation by this section.
AB303, s. 13
4Section
13. 11.27 (1) of the statutes is amended to read:
AB303,7,85
11.27
(1) No person may prepare or submit a false report or statement to a filing
6officer under this chapter.
This subsection does not apply to any information
7reported by a person making an independent expenditure, as defined in s. 11.501
8(10), under s. 11.513 (2) (b).
AB303, s. 14
9Section
14. 11.31 (1) (d) of the statutes is amended to read:
AB303,7,1110
11.31
(1) (d) Candidates for secretary of state, state treasurer,
justice or state
11superintendent, $215,625.
AB303, s. 15
12Section
15. 11.50 (1) (a) 1. of the statutes is amended to read:
AB303,7,2013
11.50
(1) (a) 1. With respect to a spring or general election, any individual who
14is certified under s. 7.08 (2) (a) as a candidate in the spring election for
justice or state
15superintendent, or an individual who receives at least 6% of the vote cast for all
16candidates on all ballots for any state office, except district attorney, for which the
17individual is a candidate at the September primary and who is certified under s. 7.08
18(2) (a) as a candidate for that office in the general election, or an individual who has
19been lawfully appointed and certified to replace either such individual on the ballot
20at the spring or general election; and who has qualified for a grant under sub. (2).
AB303, s. 16
21Section
16. 11.50 (3) (a) 2. of the statutes is repealed.
AB303, s. 17
22Section
17. 11.50 (3) (b) of the statutes is amended to read:
AB303,8,423
11.50
(3) (b) If a vacancy occurs in the office of state superintendent
or justice 24after August 15 in any year
, and an election is scheduled to fill the vacancy at the
25spring election in the following year, the state treasurer shall transfer an amount not
1exceeding 8% of the moneys transferred to the fund on the preceding August 15 to
2the
superintendency account
for the office in which the vacancy occurs, such moneys
3to be drawn from any account within the accounts created under sub. (4) in the
4amount or amounts specified by the board.
AB303, s. 18
5Section
18. 11.501 to 11.518 of the statutes are created to read:
AB303,8,6
611.501 Definitions. In ss. 11.501 to 11.518:
AB303,8,8
7(1) "Business day" means every day except Saturday, Sunday, and a holiday
8designated in s. 230.35 (4) (a).
AB303,8,9
9(2) "Campaign" has the meaning given in s. 11.26 (17).
AB303,8,14
10(2m) "Communication" means a message transmitted by means of a printed
11advertisement, billboard, handbill, sample ballot, radio or television advertisement,
12telephone call, or any medium that may be utilized for the purpose of disseminating
13or broadcasting a message, but not including a poll conducted solely for the purpose
14of identifying or collecting data concerning the attitudes or preferences of electors.
AB303,8,17
15(3) "Election campaign period" means the period beginning on the day after the
16spring primary election or the day on which a primary election would be held, if
17required, and ending on the day of the succeeding spring election.
AB303,8,18
18(4) "Eligible candidate" means a candidate for the office of justice who:
AB303,8,2019
(a) Has an opponent who has qualified to have his or her name certified for
20placement on the ballot at the spring primary or election.
AB303,8,2321
(b) Qualifies for a public financing benefit by collecting the required number
22of qualifying contributions, making all required reports and disclosures, and being
23certified by the board as being in compliance with ss. 11.502 to 11.518.
AB303,9,3
1(7) "Exploratory period" means the period that begins after the date of a spring
2election and ends on the first day of the public financing qualifying period for the next
3election for justice.