AB801: Bill Text

AB801, s. 104 Section 104. 11.50 (2) (b) 5. of the statutes is amended to read:

AB801,56,24 11.50 (2) (b) 5. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received an amount equal to at least the amount provided in this subdivision 3% of the applicable authorized disbursement limitation, as determined under s. 11.31 (1) and adjusted under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m), from contributions of money, other than loans, made by individuals who reside in this state and, in the case of a candidate for legislative office, by individuals at least 50% of whom reside in a county having territory within the legislative district in which the candidate seeks office, which contributions have been received during the period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding such date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days preceding such date or the date a special election is ordered, whichever is earlier, in the case of special election candidates at a special election, which contributions are in the aggregate amount of $100 or less, and which contributions are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5% of the candidate's authorized disbursement limitation under s. 11.31. For any other candidate at the general election, the required amount to qualify for a grant is 10% of the candidate's authorized disbursement limitation under s. 11.31.

AB801, s. 105 Section 105. 11.50 (2) (c) of the statutes is amended to read:

AB801,57,14 11.50 (2) (c) If a candidate has not filed financial reports as of the date of the spring primary, September primary, special primary, or date that the special primary would be held, if required, which indicate that he or she has met the qualification under par. (b) 5., the candidate may file a special report with the board. Such report shall be filed not later than the 7th day after the primary, or 7th day after the date the primary would be held, if required, and shall include such supplementary information as to sources of contributions which may be necessary to complete the candidate's qualification. The special report shall cover the period from the day after the last date covered on the candidate's most recent report, or from the date on which the first contribution was received or the first disbursement was made, whichever is earlier, if the candidate has not previously filed a report, to the date of such report. All information included on the special report shall also be included in the candidate's next report under s. 11.20. This paragraph does not apply to a candidate who files reports under s. 11.21 (16).

AB801, s. 106 Section 106. 11.50 (2) (g) of the statutes is amended to read:

AB801,57,23 11.50 (2) (g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the contribution limitations prescribed in s. 11.26 and the disbursement limitations imposed under s. 11.31 (2), as adjusted under s. 11.31 (9), as binding upon himself or herself and his or her agents during the campaign of that candidate as defined in s. 11.31 (7), as a precondition to receipt of a grant under this section, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws the application under par. (h), or par. (i) s. 11.31 (3p) applies.

AB801, s. 107 Section 107. 11.50 (2) (h) of the statutes is repealed.

AB801, s. 108 Section 108. 11.50 (2) (i) of the statutes is repealed.

AB801, s. 109 Section 109. 11.50 (2) (j) of the statutes is created to read:

AB801,58,11 11.50 (2) (j) If a candidate who desires to apply for a grant has accepted, or the candidate's personal campaign committee has accepted, a contribution from a committee other than a political party committee during the campaign for the office that the candidate seeks, the candidate shall, before filing an application to receive a grant, return the contribution or its monetary equivalent to the contributor, or, at the contributor's option, donate an amount equal to the contribution to the fund or to the common school fund. If the board later determines that the candidate is ineligible to receive a grant, the candidate may then accept contributions from committees other than political party committees after the date of that determination.

AB801, s. 110 Section 110. 11.50 (2m) of the statutes is created to read:

AB801,58,17 11.50 (2m) Public Information. (a) Annually, no later than September 1, the board may notify the state treasurer that an amount not exceeding 5% of the amount transferred to the fund in that year shall be placed in a public information account. Moneys in this account shall be expended by the board for the purpose of providing public information concerning the purpose and effect of this section and s. 71.10 (3).

AB801,58,20 (b) As part of the public information program under par. (a), the board shall prepare an easily understood description of the purpose and effect of this section and s. 71.10 (3).

AB801,58,22 (c) Any amount placed in the public information account that is not expended by the board in any year shall be retained in that account.

AB801, s. 111 Section 111. 11.50 (2s) of the statutes is created to read:

AB801,59,3 11.50 (2s) Political party accounts. (a) There is established a political party account for each eligible political party. Each political party account consists of all moneys designated by individuals for deposit in that account under s. 71.10 (3) (a).

AB801,59,9 (b) From the account of each eligible political party, the board shall apportion moneys to eligible candidates representing that party who qualify to receive grants. Whenever an eligible candidate representing an eligible political party receives a grant, the state treasurer shall first make payment of the grant from the political party account of that party, to the extent that sufficient moneys are available in that account to make payment of the grant.

AB801,59,12 (c) If a political party for which an account is established under this subsection ceases to be an eligible political party, the board shall transfer the unencumbered balance of that account to the general account.

AB801, s. 112 Section 112. 11.50 (2w) of the statutes is created to read:

AB801,59,16 11.50 (2w) General account. There is established a general account within the fund consisting of all moneys designated by individuals for deposit in that account under s. 71.10 (3) (a).

AB801, s. 113 Section 113. 11.50 (3) of the statutes is repealed.

AB801, s. 114 Section 114. 11.50 (4) of the statutes is repealed and recreated to read:

AB801,60,2 11.50 (4) Payment of grant amounts. The state treasurer shall make payment of each grant to an eligible candidate from the political party account of that candidate's political party, if any, if there are sufficient moneys in that account to make full payment of the grant, and then from the general account. If there are insufficient moneys in the general account to make full payment of a grant, the state treasurer shall supplement the general account from the appropriation under s. 20.855 (4) (ba) in an amount sufficient to make full payment of the grant. Except as provided in subs. (4m) and (10), the amount of each grant is the amount specified in sub. (9).

AB801, s. 115 Section 115. 11.50 (4m) of the statutes is created to read:

AB801,60,13 11.50 (4m) Grants for primary campaigns. If an eligible candidate who qualifies to receive a grant in a spring, general, or special election was opposed in the spring or September primary, or in a special primary, by a candidate who qualified to have his or her name appear on the primary ballot and the eligible candidate won nomination in that primary, the board shall award to that candidate the primary grant specified in sub. (9) (a) at the same time that grants are distributed under that paragraph for the spring, general, or special election, provided that the candidate has filed with the board, no later than the time specified in s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a), or 8.50 (3) (a) nomination papers containing at least the following number of valid signatures of electors for the office that the candidate seeks:

AB801,60,14 (a) For candidates for statewide offices, not less than 4,000 electors.

AB801,60,15 (b) For candidates for state senator, not less than 800 electors.

AB801,60,16 (c) For candidates for representative to the assembly, not less than 400 electors.

AB801, s. 116 Section 116. 11.50 (5) of the statutes is amended to read:

AB801,61,2 11.50 (5) Time of disbursement. The state treasurer shall make the disbursements of grants under sub. (9) (a) to the campaign depository account of each eligible candidate under subs. (3) and (4) by the end of the 3rd business day following notice from the board under s. 7.08 (2) (c) or (cm). If an eligible candidate notifies the state treasurer of the information required to make electronic transfers to the candidate's campaign depository account, the state treasurer shall transfer to the candidate any supplemental grants under sub. (9) (b), (ba), or (bb) for which the candidate qualifies immediately following notice from the board under s. 7.08 (2) (c) or (cm). Eligible candidates for governor and lieutenant governor of the same political party may combine accounts if desired.

AB801, s. 117 Section 117. 11.50 (6) of the statutes is amended to read:

AB801,61,7 11.50 (6) Excess moneys. If the amounts which are to be apportioned to each eligible candidate under subs. (3) and (4) are more than the amount which a candidate may accept under sub. (9), or more than the amount which a candidate elects to accept under sub. (10), the excess moneys shall be retained in the fund.

AB801, s. 118 Section 118. 11.50 (9) (title) of the statutes is amended to read:

AB801,61,9 11.50 (9) (title) Limitation on Amount of grants.

AB801, s. 119 Section 119. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended to read:

AB801,62,9 11.50 (9) (a) The Except as provided in this paragraph and pars. (b), (ba), and (bb) the total grant available to an eligible candidate may not exceed an amount equal to the lesser of 45% of the disbursement level specified for the office that the candidate seeks, as determined under s. 11.31 (1) and adjusted under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m) or that amount which, when added to all other contributions accepted from sources other than individuals, political party committees and legislative campaign committees by the candidate, is equal to 45% of the disbursement level specified for the applicable office that the candidate seeks, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m). Except as provided in pars. (b), (ba), and (bb), the total grant available to an eligible candidate who qualifies for a grant for primary campaign expenses under sub. (4m) may not exceed an amount equal to the lesser of 55% of the disbursement level specified for the office that the candidate seeks, as determined under s. 11.31 (1) and adjusted under s. 11.31 (9), but without respect to any adjustment under s. 11.31 (1m), or that amount which, when added to all other contributions accepted by the candidate, is equal to the disbursement level specified for the office that the candidate seeks, as determined under s. 11.31 (1) and adjusted under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m). 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.

AB801, s. 120 Section 120. 11.50 (9) (b), (ba) and (bb) of the statutes are created to read:

AB801,62,23 11.50 (9) (b) If an eligible candidate who accepts a grant is opposed by one or more candidates in a general or special election whose names are certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot, and if a committee intends to receive or receives any contribution or contributions that are intended to be used or that are used to oppose the election of the eligible candidate who accepts a grant or to support a certified opponent of that candidate without cooperation or consultation with any certified opposing candidate or such a candidate's agent or authorized committee, and not in concert with, or at the request or suggestion of any certified opposing candidate's agent or authorized committee, then the board shall make an additional grant to the eligible candidate who accepts a grant in an amount equal to the total amount of contributions received for the purpose of advocating the election of the certified opposing candidate or for the purpose of opposing the election of the eligible candidate who accepts the grant, as reported by committees under s. 11.12 (6) (c).

AB801,63,7 (ba) If an eligible candidate at a primary or election, or both, who accepts a grant is opposed by one or more candidates who are required, or whose personal campaign committees are required, to file a report under s. 11.12 (8), then the board shall make an additional grant to the eligible candidate who accepts a grant in an amount equal to the total amount or value of disbursements, as reported under s. 11.12 (8), made by the opposing candidate or candidates exceeding the amount specified under s. 11.31 (1) (a) to (de), (e), or (f) for the office which the candidate seeks, as adjusted under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m) .

AB801,63,14 (bb) If the sum of the aggregate disbursements made against an eligible candidate and of the disbursements made for that candidate's opponent, as reported under s. 11.12 (6) (c), exceed 10% of the amount specified under s. 11.31 (1) (a) to (de), (e), or (f), for the office that the eligible candidate seeks as adjusted under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m), then the board shall make an additional grant to the eligible candidate. The amount of the additional grant shall equal the total of such disbursements made.

AB801, s. 121 Section 121. 11.50 (11) (a) of the statutes is amended to read:

AB801,63,17 11.50 (11) (a) No Except as authorized for candidates who are awarded grants under sub. (4m), no grant may be utilized in any primary.

AB801, s. 122 Section 122. 11.50 (11) (e) of the statutes is amended to read:

AB801,63,22 11.50 (11) (e) No candidate may expend, authorize the expenditure of or incur any obligation to expend any grant if he or she violates the pledge required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h) or (i).

AB801, s. 123 Section 123. 11.50 (14) of the statutes is created to read:

AB801,63,25 11.50 (14) Certifications to secretary of revenue. (a) In each even-numbered year, the board shall certify to the secretary of revenue:

AB801,64,4 1. No later than July 1, the name of each political party that qualifies under sub. (1) (am) 1. as an eligible political party as of the preceding June 1 and whose state chairperson has filed a request to establish an account for the party under sub. (2s) (a).

AB801,64,7 2. No later than December 15, the name of each political party that qualifies under sub. (1) (am) 2. as an eligible political party as of the date of the preceding general election.

AB801,64,11 (b) As soon as possible after receiving a valid application from an eligible candidate under sub. (2) (a) and determining that the candidate is eligible to receive a grant, the board shall certify to the secretary of revenue the full name of that candidate as the name appears on the candidate's nomination papers.

AB801,64,13 (c) In each certification under this subsection, the board shall specify the expiration date of the certification.

AB801, s. 124 Section 124. 11.60 (3s) and (3t) of the statutes are created to read:

AB801,64,24 11.60 (3s) Notwithstanding sub. (1), if any candidate or committee, other than a conduit, accepts a contribution, makes a disbursement, or incurs an obligation to make a disbursement for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (de), (e), or (f) without first registering under s. 11.05 (1), (2), or (2g) to the extent required under s. 11.05 (1), (2), and (2g), or without reporting the information required under s. 11.12 (6) (c) or (8) or 11.20 (3) or (4) with respect to that contribution, disbursement, or obligation, to the extent required under ss. 11.12 (6) (c) and (8) and 11.20 (3) and (4), the candidate or other individual or committee may be required to forfeit not more than $500 per day for each day of continued violation.

AB801,65,6 (3t) Notwithstanding sub. (1), if any candidate or committee, other than a conduit, accepts one or more contributions, makes one or more disbursements, or incurs one or more obligations to make disbursements for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (de), (e), or (f) in an amount or value that differs from the amount reported by that individual or committee under s. 11.12 (6) (c) or (8) or 11.20 (3) or (4):

AB801,65,9 (a) By more than 5% but not more than 10% cumulatively, the candidate or other individual or committee shall forfeit 4 times the amount or value of the difference.

AB801,65,12 (b) By more than 10% but not more than 15% cumulatively, the candidate or other individual or committee shall forfeit 6 times the amount or value of the difference.

AB801,65,14 (c) By more than 15% cumulatively, the candidate or other individual or committee shall forfeit 8 times the amount of the difference.

AB801, s. 125 Section 125. 11.60 (4) of the statutes is amended to read:

AB801,66,7 11.60 (4) Actions under this section arising out of an election for state office or a statewide referendum may be brought by the board or by the district attorney of the county where the violation is alleged to have occurred, except as specified in s. 11.38. Actions under this section arising out of an election for local office or local referendum may be brought by the district attorney of the county where the violation is alleged to have occurred. Actions under this section arising out of an election for county office or a county referendum may be brought by the county board of election commissioners of the county wherein the violation is alleged to have occurred. In addition, whenever a candidate or personal campaign committee or agent of a candidate is alleged to have violated this chapter, action may be brought by the district attorney of any county any part of which is contained within the jurisdiction or district in which the candidate seeks election. If a violation concerns a district attorney or circuit judge or candidate for such offices, the action shall be brought by the attorney general. If a violation concerns the attorney general or a candidate for such office, the governor may appoint special counsel under s. 14.11 (2) to bring suit in behalf of the state. The counsel shall be independent of the attorney general and need not be a state employe at the time of appointment.

AB801, s. 126 Section 126. 11.61 (1) (a) of the statutes is amended to read:

AB801,66,11 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), or (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6), or 11.24 (1) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

AB801, s. 127 Section 127. 13.625 (3m) of the statutes is created to read:

AB801,66,17 13.625 (3m) No elective state official and no personal campaign committee of an elective state official may solicit a lobbyist or principal to arrange for another person to make a campaign contribution to that official or personal campaign committee or to another elective state official or the personal campaign committee of that official.

AB801, s. 128 Section 128. 19.42 (3m), (4g) and (4r) of the statutes are created to read:

AB801,66,20 19.42 (3m) "Candidate," except as otherwise provided, has the meaning given in s. 11.01 (1).

AB801,66,22 (4g) "Clearly identified," when used in reference to a communication containing a reference to a person, means one of the following:

AB801,66,23 (a) The person's name appears.

AB801,66,24 (b) A photograph or drawing of the person appears.

AB801,66,25 (c) The identity of the person is apparent by unambiguous reference.

AB801,67,5 (4r) "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.

AB801, s. 129 Section 129. 19.45 (13) of the statutes is created to read:

AB801,67,16 19.45 (13) No state public official holding an elective office may, directly or by means of an agent, give, or offer or promise to give, or withhold, or offer or promise to withhold, his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a political contribution, or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any other person who is subject to a registration requirement under s. 11.05, or any person making a communication that contains a reference to a clearly identified state public official holding an elective office or to a candidate for state public office.

AB801, s. 130 Section 130. 19.49 (1m) of the statutes is created to read:

AB801,67,22 19.49 (1m) No complaint alleging a violation of s. 19.45 (13) may be filed during the period beginning 120 days before a general or spring election, or during the period commencing on the date of the order of a special election under s. 8.50, and ending on the date of that election, against a candidate who files a declaration of candidacy to have his or her name appear on the ballot at that election.

AB801, s. 131 Section 131. 19.49 (5) of the statutes is renumbered 19.49 (5) (a) and amended to read:

AB801,68,3 19.49 (5) (a) No Except as provided in par. (b), no action may be taken on any complaint which that is filed later than 3 years after a violation of this subchapter or subch. III of ch. 13 is alleged to have occurred.

AB801, s. 132 Section 132. 19.49 (5) (b) of the statutes is created to read:

AB801,68,7 19.49 (5) (b) The period of limitation under par. (a) is tolled for a complaint alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such a complaint may not be filed under s. 19.49 (1m) or 19.59 (8) (cm).

AB801, s. 133 Section 133. 19.53 (6) of the statutes is amended to read:

AB801,68,25 19.53 (6) An order requiring the accused to forfeit not more than $500 for each violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each violation of any other provision of this subchapter, or not more than the applicable amount specified in s. 13.69 for each violation of subch. III of ch. 13; and, if. If the board determines that the accused has realized economic gain as a result of the violation, an the board may, in addition, order requiring the accused to forfeit the amount gained as a result of the violation. In addition, if the board determines that a state public official has violated s. 19.45 (13), the board may order the official to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained. If the board determines that a state public official has violated s. 19.45 (13) and no political contribution, service or other thing of value was obtained, the board may order the official to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater. The attorney general, when so requested by the board, shall institute proceedings to recover any forfeiture incurred under this section or s. 19.545 which is not paid by the person against whom it is assessed.

AB801, s. 134 Section 134. 19.535 of the statutes is created to read:

AB801,69,11 19.535 Direct enforcement. If the board refuses or otherwise fails to authorize an investigation under s. 19.49 (3) with respect to a violation of s. 19.45 (13) within 30 days after receiving a verified complaint alleging a violation of s. 19.45 (13), the person making the complaint may bring an action to recover the forfeiture under s. 19.53 (6) on his or her relation in the name, and on behalf, of the state. In such actions, the court may award actual and necessary costs of prosecution, including reasonable attorney fees, to the relator if he or she prevails, but any forfeiture recovered shall be paid to the state. If the court finds in any such action that the cause of action was frivolous as provided in s. 814.025, the court shall award costs and fees to the defendant under that section.

AB801, s. 135 Section 135. 19.59 (1) (br) of the statutes is created to read:

AB801,69,22 19.59 (1) (br) No local public official holding an elective office may, directly or by means of an agent, give, or offer or promise to give, or withhold, or offer or promise to withhold, his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a political contribution, or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any other person who is subject to a registration requirement under s. 11.05, or any person making a communication that contains a reference to a clearly identified local public official holding an elective office or to a candidate for local public office.

AB801, s. 136 Section 136. 19.59 (7) of the statutes is renumbered 19.59 (7) (a) and amended to read:

AB801,70,5 19.59 (7) (a) Any person who violates sub. (1) may be required to forfeit not more than $1,000 for each violation, and, if the court determines that the accused has violated sub. (1) (br), the court may, in addition, order the accused to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained.

AB801, s. 137 Section 137. 19.59 (7) (b) of the statutes is created to read:

AB801,70,12 19.59 (7) (b) Any person who violates sub. (1) may be required to forfeit not more than $1,000 for each violation, and, if the court determines that a local public official has violated sub. (1) (br) and no political contribution, service or other thing of value was obtained, the court may, in addition, order the accused to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater.

AB801, s. 138 Section 138. 19.59 (8) (c) of the statutes is amended to read:

AB801,70,18 19.59 (8) (c) If the district attorney fails to commence an action to enforce sub. (1) (a), (b), or (c) to (g) within 20 days after receiving a verified complaint or if the district attorney refuses to commence such an action, the person making the complaint may petition the attorney general to act upon the complaint. The attorney general may then bring an action under par. (a) or (b), or both.