AB726: Bill Text

LRB-4152/3

RJM&JTK:kg&cs:kjf

2001 - 2002 LEGISLATURE

2001 Assembly BILL 726

January 16, 2002 - Introduced by Representatives Jensen, Foti, Freese, Loeffelholz, Walker, Vrakas, Musser, Ladwig, Ward, Johnsrud, Gundrum, Starzyk, Duff, M. Lehman, Olsen, Rhoades, Hahn, Hundertmark, Urban, Kedzie, Gunderson, Montgomery, Lippert, Stone, Skindrud, Leibham, Krawczyk, Nass, Kestell, McCormick, Jeskewitz, Kaufert, Albers and Bies, cosponsored by Senators Panzer, Harsdorf, Rosenzweig, Kanavas, Welch, Darling, Roessler and Huelsman. Referred to Committee on Campaigns and Elections.

AB726,1,5 An Act to repeal 11.01 (12s), 11.05 (3) (o) and 11.265; and to amend 5.02 (13), 11.05 (3) (c), 11.05 (9) (b), 11.06 (2), 11.06 (7m) (a), 11.06 (7m) (c), 11.16 (5), 11.26 (2) (intro.), 11.26 (4), 11.26 (8), 11.26 (9) (a) and (b) and 11.50 (9) of the statutes; relating to: limits on certain contributions received by political parties and elimination of legislative campaign committees.

Analysis by the Legislative Reference Bureau

Currently, the adherents of any political party in either house of the legislature may organize a "legislative campaign committee" to support the candidacy of members of their party for legislative office. Committees other than legislative campaign committees and political party committees are generally subject to a limitation upon the contributions that they may make to candidates for legislative office or to political parties. Legislative campaign committees are subject only to overall limitations on the aggregate contributions that may be accepted by a candidate from entities other than individuals.

This bill eliminates the special treatment of legislative campaign committees under the statutes, thus causing them to be treated in the same manner as other special interest committees for the purpose of contribution limitations. The bill does not preclude a committee from utilizing any name it wishes.

Currently, a political party may accept up to $150,000 in contributions from all committees during any biennium. This bill increases that amount to $500,000.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB726, s. 1 Section 1. 5.02 (13) of the statutes is amended to read:

AB726,2,7 5.02 (13) "Political party" or "party" means a state committee registered under s. 11.05 and organized exclusively for political purposes under whose name candidates appear on a ballot at any election, and all county, congressional, legislative, local, and other affiliated committees authorized to operate under the same name. For purposes of ch. 11, the term does not include a legislative campaign committee or a committee filing an oath under s. 11.06 (7).

AB726, s. 2 Section 2. 11.01 (12s) of the statutes is repealed.

AB726, s. 3 Section 3. 11.05 (3) (c) of the statutes is amended to read:

AB726,2,13 11.05 (3) (c) In the case of a committee, a statement as to whether the committee is a personal campaign committee, a political party committee, a legislative campaign committee, a support committee, or a special interest committee.

AB726, s. 4 Section 4. 11.05 (3) (o) of the statutes is repealed.

AB726, s. 5 Section 5. 11.05 (9) (b) of the statutes is amended to read:

AB726,2,21 11.05 (9) (b) An individual who or a committee or group which receives a contribution of money and transfers the contribution to another individual, committee, or group while acting as a conduit is not subject to registration under this section unless the individual, committee, or group transfers the contribution to a candidate or a personal campaign, legislative campaign, political party, or support committee.

AB726, s. 6 Section 6. 11.06 (2) of the statutes is amended to read:

AB726,3,10 11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding sub. (1), if a disbursement is made or obligation incurred by an individual other than a candidate or by a committee or group which is not primarily organized for political purposes, and the disbursement does not constitute a contribution to any candidate or other individual, committee, or group, the disbursement or obligation is required to be reported only if the purpose is to expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a referendum. The exemption provided by this subsection shall in no case be construed to apply to a political party, legislative campaign, personal campaign, or support committee.

AB726, s. 7 Section 7. 11.06 (7m) (a) of the statutes is amended to read:

AB726,4,2 11.06 (7m) (a) If a committee which was registered under s. 11.05 as a political party committee or legislative campaign committee supporting candidates of a political party files an oath under sub. (7) affirming that it does not act in cooperation or consultation with any candidate who is nominated to appear on the party ballot of the party at a general or special election, that the committee does not act in concert with, or at the request or suggestion of, such a candidate, that the committee does not act in cooperation or consultation with such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, and that the committee does not act in concert with, or at the request or suggestion of, such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, the committee filing the oath may not make any contributions in support of any candidate of the party at the general or special election or in opposition to any such candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as authorized in par. (c).

AB726, s. 8 Section 8. 11.06 (7m) (c) of the statutes is amended to read:

AB726,4,10 11.06 (7m) (c) A committee filing an oath under sub. (7) which desires to change its status to a political party committee or legislative campaign committee may do so as of December 31 of any even-numbered year. Section 11.26 does not apply to contributions received by such a committee prior to the date of the change. Such a committee may change its status at other times only by filing a termination statement under s. 11.19 (1) and reregistering as a newly organized committee under s. 11.05.

AB726, s. 9 Section 9. 11.16 (5) of the statutes is amended to read:

AB726,5,2 11.16 (5) Escrow agreements. Any personal campaign committee, or 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).

AB726, s. 10 Section 10. 11.26 (2) (intro.) of the statutes is amended to read:

AB726,5,9 11.26 (2) (intro.) No committee other than a political party committee or legislative campaign committee may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

AB726, s. 11 Section 11. 11.26 (4) of the statutes is amended to read:

AB726,5,15 11.26 (4) No individual may make any contribution or contributions to all candidates for state and local offices and to any individuals who or committees which are subject to a registration requirement under s. 11.05, including legislative campaign committees and committees of a political party, to the extent of more than a total of $10,000 in any calendar year.

AB726, s. 12 Section 12. 11.26 (8) of the statutes is amended to read:

AB726,5,22 11.26 (8) (a) No political party as defined in s. 5.02 (13) may receive more than a total of $150,000 $500,000 in value of its contributions in any biennium from all other committees, excluding contributions from legislative campaign committees and transfers between party committees of the party. In this paragraph, a biennium commences with January 1 of each odd-numbered year and ends with December 31 of each even-numbered year.

AB726,5,25 (b) No such political party may receive more than a total of $6,000 in value of its contributions in any calendar year from any specific committee or its subunits or affiliates, excluding legislative campaign and political party committees.

AB726,6,3 (c) No committee, other than a political party or legislative campaign committee, may make any contribution or contributions, directly or indirectly, to a political party under s. 5.02 (13) in a calendar year exceeding a total value of $6,000.

AB726, s. 13 Section 13. 11.26 (9) (a) and (b) of the statutes are amended to read:

AB726,6,9 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 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.

AB726,6,14 (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 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.

AB726, s. 14 Section 14. 11.265 of the statutes is repealed.

AB726, s. 15 Section 15. 11.50 (9) of the statutes is amended to read:

AB726,7,2 11.50 (9) Limitation on grants. The total grant available to an eligible candidate may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, and political party committees and legislative campaign committees, is equal to 45% of the disbursement level specified for the applicable office under s. 11.31. The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are not exceeded and any violation is reported. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.

AB726,7,3 (End)