AB843: Bill Text Engrossed

AB843-engrossed, s. 46 Section 46. 11.21 (15) of the statutes is amended to read:

AB843-engrossed,38,21 11.21 (15) Inform each candidate who files an application to become eligible to receive a grant from the Wisconsin election campaign fund of the dollar amount of the applicable disbursement limitation under s. 11.31 (1), adjusted as provided under s. 11.31 (9), which applies to the office for which such person is a candidate. Failure to receive the notice required by this subsection does not constitute a defense to a violation of s. 11.27 (1) or 11.31.

AB843-engrossed, s. 47 Section 47. 11.21 (17) of the statutes is created to read:

AB843-engrossed,39,6 11.21 (17) Promulgate rules that require public access channel operators and licensees of public television stations in this state to provide a minimum amount of free time on public access channels and public television stations to individuals whose names are certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear as candidates for state office on the ballot at general, spring, or special elections. The rules promulgated under this subsection shall require public access channel operators and licensees of public television stations to offer the same amount of time to each candidate for a particular state office, but may require different amounts of time to be offered to candidates for different offices.

AB843-engrossed, s. 48 Section 48. 11.23 (1) of the statutes is amended to read:

AB843-engrossed,39,20 11.23 (1) Any group or individual may promote or oppose a particular vote at any referendum in this state. Before making disbursements, receiving contributions, or incurring obligations in excess of $25 $100 in the aggregate in a calendar year for such purposes, the group or individual shall file a registration statement under s. 11.05 (1), (2), or (2r). In the case of a group the name and mailing address of each of its officers shall be given in the statement. Every group and every individual under this section shall designate a campaign depository account under s. 11.14. Every group shall appoint a treasurer, who may delegate authority but is jointly responsible for the actions of his or her authorized designee for purposes of civil liability under this chapter. The appropriate filing officer shall be notified by a group of any change in its treasurer within 10 days of the change under s. 11.05 (5). The treasurer of a group shall certify the correctness of each statement or report submitted by it under this chapter.

AB843-engrossed, s. 49 Section 49. 11.23 (2) of the statutes is amended to read:

AB843-engrossed,40,2 11.23 (2) Any anonymous contribution exceeding $10 received by an individual or group treasurer may not be used or expended. The contribution shall be donated to the common school fund or to any charitable organization or transferred to the board for deposit in the Wisconsin election campaign fund, at the option of the treasurer.

AB843-engrossed, s. 50 Section 50. 11.24 (1s) of the statutes is created to read:

AB843-engrossed,40,6 11.24 (1s) (a) In this subsection, "federal candidate committee" means a committee of an individual who seeks or sought election to the U.S. senate or house of representatives designated by the individual under 2 USC 432 (e).

AB843-engrossed,40,8 (b) No federal candidate committee may make a contribution to a candidate, personal campaign committee or support committee.

AB843-engrossed, s. 51 Section 51. 11.24 (1w) of the statutes is created to read:

AB843-engrossed,40,13 11.24 (1w) (a) "Federal political registrant" means a committee that is registered with the federal election commission under 2 USC 433 (a), other than an authorized campaign committee designated under 2 USC 432 (e) (3), a national political party committee, or a state political party committee.

AB843-engrossed,40,15 (b) No personal campaign committee may make a contribution to a federal political registrant.

AB843-engrossed, s. 52 Section 52. 11.25 (2) (am) of the statutes is created to read:

AB843-engrossed,40,18 11.25 (2) (am) No federal candidate committee, as defined in s. 11.24 (1s) (a), may make a disbursement.

AB843-engrossed, s. 53 Section 53. 11.25 (2) (b) of the statutes is amended to read:

AB843-engrossed,41,7 11.25 (2) (b) Notwithstanding par. (a), a registrant may accept contributions and make disbursements from a campaign depository account for the purpose of making expenditures in connection with a campaign for national office , except as provided in s. 11.24 (1w); for payment of civil penalties incurred by the registrant under this chapter but not under any other chapter; or for payment of the expenses of nonpartisan campaigns to increase voter registration or participation. Notwithstanding par. (a), a personal campaign committee or support committee may accept contributions and make disbursements from a campaign depository account for payment of inaugural expenses of an individual who is elected to state or local office. If such expenses are paid from contributions made to the campaign depository account, they are reportable under s. 11.06 (1) as disbursements. Otherwise, such expenses are not reportable under s. 11.06 (1). If contributions from the campaign depository account are used for such expenses, they are subject to s. 11.26.

AB843-engrossed, s. 54 Section 54. 11.26 (1) (intro.) of the statutes is amended to read:

AB843-engrossed,41,16 11.26 (1) No Subject to sub. (10a) and except as provided under subs. (1t), (9m), and (10), no individual may make any contribution or contributions to a candidate for election or nomination to any of the following offices office specified in pars. (a) to (c) who has filed an affidavit under s. 11.31 (2m) or for election or nomination to any office specified in pars. (cc) to (d) 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:

AB843-engrossed, s. 55 Section 55. 11.26 (1) (b) and (c) of the statutes are amended to read:

AB843-engrossed,41,18 11.26 (1) (b) Candidates for state senator, $1,000 $1,500.

AB843-engrossed,41,19 (c) Candidates for representative to the assembly, $500 $750.

AB843-engrossed, s. 56 Section 56. 11.26 (1m) of the statutes is created to read:

AB843-engrossed,42,2 11.26 (1m) Subject to sub. (10a) and except as provided under subs. (1t) and (9m), no individual may make any contribution or contributions to a candidate for election or nomination to any of the following offices who has not filed an affidavit under s. 11.31 (2m) 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:

AB843-engrossed,42,4 (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent, or justice, $5,000.

AB843-engrossed,42,5 (b) Candidates for state senator, $750.

AB843-engrossed,42,6 (c) Candidates for representative to the assembly, $375.

AB843-engrossed, s. 57 Section 57. 11.26 (1t) of the statutes is created to read:

AB843-engrossed,42,16 11.26 (1t) The limitations under sub. (1m) apply to any candidate who files an affidavit under s. 11.31 (2m) (a) but who the board determines is ineligible to receive a grant from the Wisconsin election campaign fund, who withdraws his or her application for a grant under s. 11.50 (2) (h), or to whom s. 11.50 (2) (i) applies, unless the candidate subsequently files an affidavit under s. 11.31 (2m) (b). If a candidate files an affidavit under s. 11.31 (2m) (b), the limitations under sub. (1) apply to that candidate beginning on the date that the affidavit is filed. Contributions made before the date on which a limitation changes under this subsection are lawful if the contributions were lawful at the time they were made.

AB843-engrossed, s. 58 Section 58. 11.26 (2) (intro.) of the statutes is amended to read:

AB843-engrossed,42,25 11.26 (2) (intro.) No Subject to sub. (10a) and except as provided under sub. (2t), 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 office specified in pars. (a) to (c) who has filed an affidavit under s. 11.31 (2m) or for election or nomination to any office specified in pars. (cc) to (e) 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:

AB843-engrossed, s. 59 Section 59. 11.26 (2) (a) of the statutes is amended to read:

AB843-engrossed,43,4 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, 4% of the value of the disbursement level specified in the schedule under s. 11.31 (1) $43,500.

AB843-engrossed, s. 60 Section 60. 11.26 (2) (ae), (am), (as) and (av) of the statutes are created to read:

AB843-engrossed,43,6 11.26 (2) (ae) Candidates for lieutenant governor, $12,000.

AB843-engrossed,43,7 (am) Candidates for attorney general, $22,000.

AB843-engrossed,43,8 (as) Candidates for state superintendent or justice, $12,000.

AB843-engrossed,43,9 (av) Candidates for secretary of state or state treasurer, $8,650.

AB843-engrossed, s. 61 Section 61. 11.26 (2) (b) and (c) of the statutes are amended to read:

AB843-engrossed,43,11 11.26 (2) (b) Candidates for state senator, $1,000 $1,500.

AB843-engrossed,43,12 (c) Candidates for representative to the assembly, $500 $750.

AB843-engrossed, s. 61g Section 61g. 11.26 (2m) of the statutes is created to read:

AB843-engrossed,43,20 11.26 (2m) Subject to sub. (10a) and except as provided under sub. (2t), no committee other than a political party committee may make any contribution or contributions to a candidate for election or nomination to any of the following offices who has not filed an affidavit under s. 11.31 (2m) 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:

AB843-engrossed,43,21 (a) Candidates for governor, $21,750.

AB843-engrossed,43,22 (ae) Candidates for lieutenant governor, $6,000.

AB843-engrossed,43,23 (am) Candidates for attorney general, $11,000.

AB843-engrossed,43,24 (as) Candidates for state superintendent or justice, $6,000.

AB843-engrossed,43,25 (av) Candidates for secretary of state or state treasurer, $4,325.

AB843-engrossed,44,1 (b) Candidates for state senator, $750.

AB843-engrossed,44,2 (c) Candidates for representative to the assembly, $375.

AB843-engrossed, s. 61r Section 61r. 11.26 (2t) of the statutes is created to read:

AB843-engrossed,44,12 11.26 (2t) The limitations under sub. (2m) apply to any candidate who files an affidavit under s. 11.31 (2m) (a) but who the board determines is ineligible to receive a grant from the Wisconsin election campaign fund, who withdraws his or her application for a grant under s. 11.50 (2) (h), or to whom s. 11.50 (2) (i) applies, unless the candidate subsequently files an affidavit under s. 11.31 (2m) (b). If a candidate files an affidavit under s. 11.31 (2m) (b), the limitations under sub. (2) apply to that candidate beginning on the date that the affidavit is filed. Contributions made before the date on which a limitation changes under this subsection are lawful if the contributions were lawful at the time they were made.

AB843-engrossed, s. 62 Section 62. 11.26 (3) of the statutes is amended to read:

AB843-engrossed,44,18 11.26 (3) The contribution limitations of subs. (1) and, (1m), (2), and (2m) apply cumulatively to the entire primary and election campaign in which a candidate participates, whether or not there is a contested primary election. The total limitation may be apportioned in any manner desired between the primary and election. All moneys cumulate regardless of the time of contribution.

AB843-engrossed, s. 63 Section 63. 11.26 (4) of the statutes is amended to read:

AB843-engrossed,44,24 11.26 (4) No Subject to sub. (10a), 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.

AB843-engrossed, s. 64 Section 64. 11.26 (5) of the statutes is amended to read:

AB843-engrossed,45,7 11.26 (5) The contribution limits provided in subs. (1), (1m), and (4) do not apply to a candidate who makes any contribution or contributions to his or her own campaign for office from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, with respect to any contribution or contributions made to that candidate's campaign only. A candidate's personal contributions shall be deposited in his or her campaign depository account and reported in the normal manner.

AB843-engrossed, s. 65 Section 65. 11.26 (6) of the statutes is amended to read:

AB843-engrossed,45,15 11.26 (6) When a candidate adopts a preexisting support committee as his or her personal campaign committee, the support committee is deemed to have been the same committee as the candidate's personal campaign committee for purposes of the application of subs. (1), (1m), (2), (2m), and (9). The limitations prescribed in subs. (1), (1m), (2), (2m), and (9) do not apply to the transfer of contributions which is made at the time of such adoption, but do apply to the contributions which have been made by any other committee to the support committee at the time of adoption.

AB843-engrossed, s. 66 Section 66. 11.26 (8) of the statutes is amended to read:

AB843-engrossed,45,23 11.26 (8) (a) No Subject to sub. (10a), no political party as defined in s. 5.02 (13) may receive more than a total of $150,000 $450,000 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 same party. In this paragraph, a "biennium commences" means the time period commencing with January 1 of each odd-numbered year and ends ending with December 31 of each even-numbered year.

AB843-engrossed,46,3 (b) No Subject to sub. (10a), no such political party may receive more than a total of $6,000 $18,000 in value of its contributions in any calendar year from any specific committee or its that specific committee's subunits or affiliates, excluding legislative campaign and political transfers between party committees of the same party.

AB843-engrossed,46,7 (c) No Subject to sub. (10a), 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 $18,000.

AB843-engrossed, s. 67 Section 67. 11.26 (9) (a) of the statutes is amended to read:

AB843-engrossed,46,14 11.26 (9) (a) No Except as provided in sub. (9m), 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 (1), adjusted as provided under s. 11.31 (9), 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.

AB843-engrossed, s. 68 Section 68. 11.26 (9) (b) of the statutes is amended to read:

AB843-engrossed,46,21 11.26 (9) (b) No Except as provided under sub. (9m), 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 (1), adjusted as provided under s. 11.31 (9), 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.

AB843-engrossed, s. 69 Section 69. 11.26 (9m) of the statutes is created to read:

AB843-engrossed,47,11 11.26 (9m) If s. 11.31 (3n) applies to a candidate in any campaign or if the board issues a determination under s. 11.31 (3r) applicable to a candidate in any campaign, the limitations applicable to contributions made to that candidate are 200% of the applicable amounts specified in sub. (1) and (1m). In addition, except as otherwise provided in this subsection, sub. (9) does not apply to any contributions received by the candidate that the candidate intends to use to make disbursements in response to an opposing candidate's disbursements exceeding the level or limitation applicable to that candidate, as described under s. 11.31 (3n), or an applicable independent expenditure described under s. 11.31 (3r), as reported by the candidate under s. 11.06 (1) (cm), to the extent that the contributions do not exceed the amount of those disbursements described under s. 11.31 (3n) or that independent expenditure described under s. 11.31 (3r). A candidate to whom this subsection applies may not receive contributions in excess of 200% of the limitations specified in sub. (9).

AB843-engrossed, s. 70 Section 70. 11.26 (10) of the statutes is amended to read:

AB843-engrossed,48,5 11.26 (10) No candidate for state office who files a sworn statement and an application to receive a grant from the Wisconsin election campaign fund and an affidavit under s. 11.31 (2m) (a) may make contributions of more than 200% of the amounts applicable amount specified in sub. (1) to the candidate's own campaign from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.31 (3n) or 11.50 (2) (i) applies to the candidate. For purposes of this subsection, any contribution received by a candidate or his or her personal campaign committee from a committee which is registered with the federal elections commission as the authorized committee of the candidate under 2 USC 432 (e) shall be treated as a contribution made by the candidate to his or her own campaign. The contribution limit of sub. (4) applies to amounts contributed by such a candidate personally to the candidate's own campaign and to other campaigns, except that a candidate may exceed the limitation if authorized under this subsection to contribute more than the amount specified to the candidate's own campaign, up to the amount of the limitation.

AB843-engrossed, s. 71 Section 71. 11.26 (10a) of the statutes is created to read:

AB843-engrossed,48,9 11.26 (10a) (a) In this subsection, "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.

AB843-engrossed,48,25 (b) The dollar amounts of the limitations under subs. (1), (1m), (2), (2m), (4), and (8) are subject to a quadrennial adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall, in each year that the adjustment is made, calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for calendar year 2001. Beginning in 2006 and every 4 years thereafter, the board shall multiply the amount of each limitation under subs. (1), (1m), (2), (2m), (4), and (8) by the percentage difference in the consumer price indices. The board shall adjust the amount of each limitation to substitute that result for the existing amount to the extent required to reflect any difference, rounded to the nearest multiple of $5. The amount so determined shall then be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare and without a finding of emergency.

AB843-engrossed, s. 72 Section 72. 11.26 (15) of the statutes is amended to read:

AB843-engrossed,49,6 11.26 (15) The fact that 2 or more committees, other than personal campaign committees, utilize common policies and practices concerning the endorsement of candidates or agree to make contributions only to such endorsed candidates does not affect the right of each committee independently to make contributions up to the applicable amount specified under sub. (1), (1m), (2), or (2m).

AB843-engrossed, s. 73 Section 73. 11.26 (17) (a) of the statutes is amended to read:

AB843-engrossed,49,10 11.26 (17) (a) For purposes of application of the limitations imposed in subs. (1), (1m), (2), (2m), (9), (9m), and (10), the "campaign" of a candidate begins and ends at the times specified in this subsection.

AB843-engrossed, s. 74 Section 74. 11.265 of the statutes is repealed.

AB843-engrossed, s. 75 Section 75. 11.27 (1) of the statutes is amended to read:

AB843-engrossed,49,15 11.27 (1) No person may prepare or submit a false report or statement to a filing officer under this chapter. This subsection does not apply to any information reported by a person making an independent expenditure under s. 11.065 (2).

AB843-engrossed, s. 75m Section 75m. 11.29 (1) of the statutes is amended to read:

AB843-engrossed,49,25 11.29 (1) Nothing in this chapter restricts any corporation, cooperative or voluntary association other than a political party or personal campaign committee from making disbursements or independent expenditures for the purpose of communicating only with its members, shareholders or subscribers to the exclusion of all other persons, with respect to endorsements of candidates, positions on a referendum or explanation of its views or interests, without reporting such activity. No such corporation, cooperative or voluntary association may solicit contributions or other donations from persons who are not members, shareholders or subscribers to be used for such purposes.

AB843-engrossed, s. 76 Section 76. 11.30 (4) of the statutes is amended to read:

AB843-engrossed,50,4 11.30 (4) No owner or other person with a financial interest in a communications medium may utilize such medium in support of or in opposition to a candidate or referendum except as provided in this chapter.

AB843-engrossed,50,8 (4m) This chapter shall not be construed to restrict fair coverage of bona fide news stories, interviews with candidates and other politically active individuals, editorial comment or endorsement. Such activities need not be reported as a contribution or, disbursement, or independent expenditure.

AB843-engrossed, s. 77 Section 77. 11.31 (1) (intro.) of the statutes is amended to read: