AB843-engrossed,48,2510
(b) The dollar amounts of the limitations under subs. (1), (1m), (2), (2m), (4),
11and (8) are subject to a quadrennial adjustment to be determined by rule of the board
12in accordance with this subsection. To determine the adjustment, the board shall,
13in each year that the adjustment is made, calculate the percentage difference
14between the consumer price index for the 12-month period ending on December 31
15of the preceding year and the consumer price index for calendar year 2001.
16Beginning in 2006 and every 4 years thereafter, the board shall multiply the amount
17of each limitation under subs. (1), (1m), (2), (2m), (4), and (8) by the percentage
18difference in the consumer price indices. The board shall adjust the amount of each
19limitation to substitute that result for the existing amount to the extent required to
20reflect any difference, rounded to the nearest multiple of $5. The amount so
21determined shall then be in effect until a subsequent rule is promulgated under this
22subsection. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under
23this subsection may be promulgated as an emergency rule under s. 227.24 without
24providing evidence that the emergency rule is necessary for the public peace, health,
25safety, or welfare and without a finding of emergency.
AB843-engrossed,49,62
11.26
(15) The fact that 2 or more committees, other than personal campaign
3committees, utilize common policies and practices concerning the endorsement of
4candidates or agree to make contributions only to such endorsed candidates does not
5affect the right of each committee independently to make contributions up to the
6applicable amount specified under sub.
(1), (1m), (2)
, or (2m).
AB843-engrossed,49,108
11.26
(17) (a) For purposes of application of
the limitations imposed in subs.
9(1),
(1m), (2),
(2m), (9)
, (9m), and (10), the "campaign" of a candidate begins and ends
10at the times specified in this subsection.
AB843-engrossed,49,1513
11.27
(1) No person may prepare or submit a false report or statement to a filing
14officer under this chapter.
This subsection does not apply to any information
15reported by a person making an independent expenditure under s. 11.065 (2).
AB843-engrossed,49,2517
11.29
(1) Nothing in this chapter restricts any corporation, cooperative or
18voluntary association other than a political party or personal campaign committee
19from making disbursements
or independent expenditures for the purpose of
20communicating only with its members, shareholders or subscribers to the exclusion
21of all other persons, with respect to endorsements of candidates, positions on a
22referendum or explanation of its views or interests, without reporting such activity.
23No such corporation, cooperative or voluntary association may solicit contributions
24or other donations from persons who are not members, shareholders or subscribers
25to be used for such purposes.
AB843-engrossed,50,42
11.30
(4) No owner or other person with a financial interest in a
3communications medium may utilize such medium in support of or in opposition to
4a candidate or referendum except as provided in this chapter.
AB843-engrossed,50,8
5(4m) This chapter shall not be construed to restrict fair coverage of bona fide
6news stories, interviews with candidates and other politically active individuals,
7editorial comment or endorsement. Such activities need not be reported as a
8contribution
or, disbursement
, or independent expenditure.
AB843-engrossed,50,1410
11.31
(1) Schedule. (intro.) The following levels of disbursements are
11established with reference to the candidates listed below.
The levels are subject to
12adjustment under sub. (9). Except as provided in sub. (2), such levels do not operate
13to restrict the total amount of disbursements which are made or authorized to be
14made by any candidate in any primary or other election.
AB843-engrossed,50,1616
11.31
(1) (a) Candidates for governor,
$1,078,200 $2,750,000.
AB843-engrossed,50,1717
(b) Candidates for lieutenant governor,
$323,475
$400,000.
AB843-engrossed,50,1818
(c) Candidates for attorney general,
$539,000 $750,000.
AB843-engrossed,50,2020
11.31
(1) (cg) Candidates for justice, $400,000.
AB843-engrossed,50,2121
(cr) Candidates for state superintendent, $400,000.
AB843-engrossed,50,2423
11.31
(1) (d) Candidates for secretary of state
, or state treasurer,
justice or state
24superintendent, $215,625 $300,000.
AB843-engrossed,51,42
11.31
(1) (e) Candidates for state senator,
$34,500 total in the primary and
3election, with disbursements not exceeding $21,575 for either the primary or the
4election $112,500.
AB843-engrossed,51,75
(f) Candidates for representative to the assembly,
$17,250 total in the primary
6and election, with disbursements not exceeding $10,775 for either the primary or the
7election $45,000.
AB843-engrossed,52,29
11.31
(2) Limitation imposed. No candidate for state office at a spring or general
10election who files
a sworn statement and an application to receive a grant from the
11Wisconsin election campaign fund
and an affidavit under sub. (2m) (a) may make or
12authorize total disbursements from
the his or her campaign treasury in any
13campaign to the extent of more than the amount prescribed in sub. (1),
adjusted as
14provided under sub. (9), unless the board determines that the candidate is not
15eligible to receive a grant, the candidate withdraws his or her application under s.
1611.50 (2) (h),
sub. (3n) or s. 11.50 (2) (i) applies
to that candidate, or the board issues
17a determination under sub. (3r) applicable to the candidate. No candidate for state
18office at a special election who files
a sworn statement and an application to receive
19a grant from the Wisconsin election campaign fund
and an affidavit under sub. (2m)
20(a) may make or authorize total disbursements from
the his or her campaign
21treasury in any campaign to the extent of more than the amount prescribed under
22sub. (1)
, adjusted as provided under sub. (9), for the preceding spring or general
23election for the same office, unless the board determines that the candidate is not
24eligible to receive a grant, the candidate withdraws his or her application under s.
111.50 (2) (h),
sub. (3n) or s. 11.50 (2) (i) applies
to that candidate, or the board issues
2a determination under sub. (3r) applicable to the candidate.
AB843-engrossed,52,44
11.31
(2m) (title)
Voluntary limitation Affidavit of adherence to limitations.
AB843-engrossed, s. 85
5Section
85. 11.31 (2m) of the statutes is renumbered 11.31 (2m) (b) and
6amended to read:
AB843-engrossed,52,157
11.31
(2m) (b) Any candidate to whom sub. (2) and s. 11.26 (10) do not apply
8may file an affidavit with his or her filing officer affirming that he or she has adhered
9and will adhere to the limitations imposed under sub. (2) and s. 11.26
(10) during the
10entire campaign. These limitations apply unless the candidate withdraws the
11affidavit by notifying his or her filing officer in writing no later than the 7th day after
12the date of the primary in which the person filing the affidavit is a candidate, or the
137th day after the date that the primary would be held, if no primary is required
, or
14unless sub. (3n) applies to that candidate or the board issues a determination under
15sub. (3r) applicable to the candidate.
AB843-engrossed,53,217
11.31
(2m) (a) Each candidate who files an application to receive a grant from
18the Wisconsin election campaign fund shall file an affidavit with the board affirming
19that the candidate, and his or her authorized agents, have complied with the
20limitations imposed under sub. (2) and s. 11.26 at all times during which the
21limitations have applied to his or her candidacy and will continue to comply with the
22limitations at all times during which the limitations apply to his or her candidacy,
23unless the board determines that the candidate is not eligible to receive a grant from
24the fund, the candidate withdraws his or her application for a grant under s. 11.50
1(2) (h), sub. (3n) or s. 11.50 (2) (i) applies, or the board issues a determination under
2sub. (3r) applicable to the candidate.
AB843-engrossed,53,94
11.31
(3) Gubernatorial campaigns. For purposes of compliance with the
5limitations imposed under sub. (2), candidates for governor and lieutenant governor
6of the same political party who both accept grants from the Wisconsin election
7campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b)
,
8adjusted as provided under sub. (9), and reallocate the total level between them. The
9candidates shall each inform the board of any such agreement.
AB843-engrossed,54,212
11.31
(3n) Disbursements by opposing candidates for certain state offices. 13If a candidate for a state office specified in sub. (1) (a) to (d), (e), or (f) in any campaign
14who has filed an affidavit under sub. (2m) determines that an opposing candidate
15who has not filed an affidavit under sub. (2m) has made disbursements exceeding the
16amount of the disbursement level applicable to that candidate under sub. (1), as
17adjusted under sub. (9), then that candidate and each of his or her opponents may
18make additional contributions to his or her own campaign exceeding the amount
19authorized under s. 11.26 (10) and may make additional disbursements in that
20campaign exceeding the amount authorized under sub. (1), as adjusted under sub.
21(9), in an amount equivalent to the lesser of the total contributions made by the
22opposing candidate to his or her own campaign or the amount by which the total
23disbursements made by the opposing candidate exceed the disbursement limitation
24or level applicable to that candidate under sub. (1), as adjusted under sub. (9), as
25reported to the board by the opposing candidate or his or her personal campaign
1committee. In addition, contributions to that candidate and to each of his or her
2opponents may be made as authorized under s. 11.26 (9m).
AB843-engrossed,54,154
11.31
(3r) Independent expenditures; candidates for certain state offices. 5(a) If the board receives a report under s. 11.065 that an independent expenditure
6has been made for the purpose of making a communication in opposition to a
7candidate for a state office specified in sub. (1) (a) to (d), (e), or (f), or in support of a
8candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the
9ballot in opposition to such a candidate, the board shall, no later than the end of the
103rd calendar day after receiving the report under s. 11.065, issue a determination
11that the candidate may make additional disbursements in that campaign exceeding
12any limitation imposed under sub. (2) or agreed to under sub. (2m) in an amount
13equivalent to the amount of the independent expenditure, as reported under s.
1411.065, and that contributions to the candidate may be made as authorized under s.
1511.26 (9m).
AB843-engrossed,54,1716
(b) The board shall immediately file a written copy of its determination with
17each of the candidates for the office that the candidate seeks.
AB843-engrossed,54,2320
11.31
(9) Adjustment of disbursement levels. (a) In this subsection,
21"consumer price index" means the average of the consumer price index over each
2212-month period, all items, U.S. city average, as determined by the bureau of labor
23statistics of the U.S. department of labor.
AB843-engrossed,55,1324
(b) The dollar amounts of the limitations under sub. (1) are subject to a
25quadrennial adjustment to be determined by rule of the board in accordance with this
1subsection. To determine the adjustment, the board shall, in each year that the
2adjustment is made, calculate the percentage difference between the consumer price
3index for the 12-month period ending on December 31 of the preceding year and the
4consumer price index for calendar year 2001. Beginning in 2006 and every 4 years
5thereafter, the board shall multiply the amount of each limitation under sub. (1) by
6the percentage difference in the consumer price indices. The board shall adjust the
7amount of each limitation to substitute that result for the existing amount to the
8extent required to reflect any difference, rounded to the nearest multiple of $5. The
9amount so determined shall then be in effect until a subsequent rule is promulgated
10under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3),
11determinations under this subsection may be promulgated as an emergency rule
12under s. 227.24 without providing evidence that the emergency rule is necessary for
13the public peace, health, safety, or welfare and without a finding of emergency.
AB843-engrossed,55,1915
11.38
(6) Any individual or campaign treasurer who receives funds in violation
16of this section shall promptly return such funds to the contributor
or, donate the
17funds to the common school fund or a charitable organization
, or transfer the funds
18to the board for deposit in the Wisconsin election campaign fund, at the treasurer's
19option.
AB843-engrossed,55,23
2111.385 Certain contributions prohibited. (1) In this section, "floorperiod"
22means a floorperiod of the legislature, as scheduled by joint resolution, for a regular
23legislative session.
AB843-engrossed,56,3
24(2) Except as provided in subs. (3) to (5), no member of the legislature or
25personal campaign committee of a member may make or receive any contribution in
1conjunction with a fund-raising social event held in Dane County during a
2floorperiod or a special or extraordinary session if the event is held to benefit a
3member or member's personal campaign committee.
AB843-engrossed,56,9
4(3) Subsection (2) does not apply to a contribution made or received in
5connection with a fund-raising social event that is held by a member of the
6legislature or his or her personal campaign committee during the period between the
7first day authorized for filing nomination papers for an office for which the member
8is a candidate and the date of the election for that office, if the event is held within
9the jurisdiction or district served by the office for which the member is a candidate.
AB843-engrossed,56,15
10(4) Subsection (2) does not apply to a contribution made or received in
11connection with a fund-raising social event that is held by a member of the
12legislature or his or her personal campaign committee during the period between the
13first day authorized for filing nomination papers for any office other than member
14of the house of the legislature in which a member serves and the date of the election
15for that office.
AB843-engrossed,56,21
16(5) Subsection (2) does not apply to a contribution made or received in
17connection with a fund-raising social event held during a special or extraordinary
18session by a member of the legislature or his or her personal campaign committee if
19the member serves a district that is wholly or partly contained within Dane County,
20the event is held within the boundaries of that district and invitations to the event
21are sent before the special or extraordinary session is called.
AB843-engrossed,56,2423
11.50
(1) (a) 1. (intro.) For purposes of qualification for a grant from the general
24account:
AB843-engrossed, s. 97
1Section
97. 11.50 (1) (a) 2. of the statutes is renumbered 11.50 (1) (a) 1. b. and
2amended to read:
AB843-engrossed,57,223
11.50
(1) (a) 1. b. With respect to a special election, an individual who is certified
4under s. 8.50 (1) (d) as a candidate in a special election for state superintendent, or
5an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election
6for any state office, except district attorney, on the ballot or column of a party whose
7candidate for the same office at the preceding general election received at least 6%
8of the vote cast for all candidates on all ballots for the office, or an individual who has
9been lawfully appointed and certified to replace either such individual on the ballot
10at a special election, or an individual who receives at least 6% of the vote cast for all
11candidates on all ballots for any state office, except district attorney, at a partisan
12special election; and who qualifies for a grant under sub. (2). Where the boundaries
13of a district in which an individual seeks office have been changed since the preceding
14general election such that it is not possible to calculate the exact number of votes that
15are needed by that individual to qualify as an eligible candidate prior to an election
16under this subdivision, the number of votes cast for all candidates for the office at the
17preceding general election in each ward, combination of wards or municipality which
18is wholly contained within the boundaries of the newly formed district shall be
19calculated. If the candidate of the political party on whose ballot or column the
20individual appears in the newly formed district obtained at least 6% of the number
21of votes calculated, the individual is deemed to qualify as an eligible candidate prior
22to the election
under this subdivision.
AB843-engrossed,58,424
11.50
(1) (a) 2m. For purposes of qualification for a grant from a political party
25account, an individual who is certified under s. 7.08 (2) (a) or 8.50 (1) (d) in the general
1election or a special election as the candidate of an eligible political party for a state
2office, other than district attorney, or an individual who has been lawfully appointed
3and certified to replace such an individual on the ballot at the general or a special
4election and who has qualified for a grant under sub. (2).
AB843-engrossed,58,66
11.50
(1) (am) "Eligible political party" means any of the following:
AB843-engrossed,58,107
1. A party qualifying under s. 5.62 (1) (b) for a separate ballot or one or more
8separate columns or rows on a ballot for the period beginning on the date of the
9preceding general election and ending on the day before the general election that
10follows that election.
AB843-engrossed,58,1511
2. A party qualifying under s. 5.62 (2) for a separate ballot or one or more
12separate columns or rows on a ballot for the period beginning on the preceding June
131, or if that June 1 is in an odd-numbered year, the period beginning on June 1 of the
14preceding even-numbered year, and ending on May 31 of the 2nd year following that
15June 1.
AB843-engrossed,58,1817
11.50
(1) (bm) "General account" means the account in the fund created under
18sub. (2w).
AB843-engrossed,58,2019
(cm) "Political party account" means an account in the fund created under sub.
20(2s).
AB843-engrossed,59,1222
11.50
(2) (a) Any individual who desires to qualify as an eligible candidate may
23file an application with the board requesting approval to participate in the fund. The
24application shall be filed no later than the applicable deadline for filing nomination
25papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a) or 8.50 (3) (a), no later than 4:30 p.m.
1on the 7th day after the primary or date on which the primary would be held if
2required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day
3after appointment in the case of candidates appointed to fill vacancies. The
4application shall contain a sworn statement that the candidate and his or her
5authorized agents have complied with the contribution limitations prescribed in s.
611.26 and the disbursement limitations prescribed under s. 11.31 at all times to
7which such limitations have applied to his or her candidacy and will continue to
8comply with the limitations at all times to which the limitations apply to his or her
9candidacy for the office in contest, unless the board determines that the candidate
10is not eligible to receive a grant, the candidate withdraws his or her application
11under par. (h), or par. (i) applies applicant shall provide, along with the application,
12an affidavit under s. 11.31 (2m) (a).
AB843-engrossed,59,1714
11.50
(2) (b) 4. The financial reports filed by or on behalf of the candidate as
15of the date of the spring or September primary, or the date that the special primary
16is or would be held, if required, indicate that his or her
statement affidavit filed
with
17the application under
par. (a) s. 11.31 (2m) (a) is true;
and
AB843-engrossed,60,1919
11.50
(2) (b) 5. The financial reports filed by or on behalf of the candidate as
20of the date of the spring or September primary, or the date that the special primary
21is or would be held, if required, indicate that the candidate has received
an amount
22equal to at least the amount provided in this subdivision, from contributions of
23money, other than loans, made by individuals
who reside in this state and, in the case
24of a candidate for other than a statewide office, by individuals at least 50% of whom
25reside in a county having territory within the district in which the candidate seeks
1office, which
contributions have been received during the period ending on the date
2of the spring primary and July 1 preceding such date in the case of candidates at the
3spring election, or the date of the September primary and January 1 preceding such
4date in the case of candidates at the general election, or the date that a special
5primary will or would be held, if required, and 90 days preceding such date or the
6date a special election is ordered, whichever is earlier, in the case of
special election 7candidates
at a special election, which contributions are in the aggregate amount of
8$100 or less, and which
contributions are fully identified and itemized as to the exact
9source thereof. A contribution received from a conduit which is identified by the
10conduit as originating from an individual shall be considered a contribution made by
11the individual. Only the first $100 of an aggregate contribution of more than $100
12may be counted toward the required percentage. For a candidate at the spring or
13general election for an office identified in s. 11.26 (1) (a) or a candidate at a special
14election, the required amount to qualify for a grant is 5% of the
candidate's applicable 15authorized disbursement limitation
, as determined under s. 11.31
(1) and adjusted
16as provided under s. 11.31 (9). For any other candidate at the general election, the
17required amount to qualify for a grant is
10% 7% of the
candidate's applicable 18authorized disbursement limitation
, as determined under s. 11.31
. (1) and adjusted
19as provided under s. 11.31 (9); and
AB843-engrossed,60,2121
11.50
(2) (b) 6. The application is not required to be disapproved under par. (f).
AB843-engrossed,61,1523
11.50
(2) (c)
If a candidate has not filed financial reports as of the date of the
24spring primary, September primary, special primary, or date that the special primary
25would be held, if required, which indicate that he or she has met the qualification
1under par. (b) 5., the candidate may file a special report with the board. Such report
2shall be filed not later than Any individual who desires to qualify as an eligible
3candidate shall file a special report with the board during the period beginning on
4the day after the primary, or the 7th day after the date on which the primary would
5be held, if required, and ending on the 7th day after the primary, or 7th day after the
6date
on which the primary would be held, if required
, and. The special report shall
7include
such supplementary information as to sources of contributions which may
8be necessary to complete the candidate's qualification all information that is
9required to be reported under s. 11.06 (1). The special report shall cover the period
10from the day after the last date covered on the candidate's most recent report, or from
11the date on which the first contribution was received or the first disbursement was
12made, whichever is earlier, if the candidate has not previously filed a report, to the
13date of
such report the primary, or the date on which the primary would be held, if
14required. All information included on the special report shall also be included in the
15candidate's next report under s. 11.20.
AB843-engrossed,62,217
11.50
(2) (f)
The board shall disapprove the application of any candidate who
18has a balance in his or her campaign depository account, as reported under par. (c),
19that is equal to or greater than 100% of the disbursement level specified under s.
2011.31 (1), as adjusted under s. 11.31 (9), for the office that the candidate seeks, but
21without respect to any adjustment under s. 11.31 (3n) or (3r). The board shall inform
22each candidate in writing of the approval or disapproval of the candidate's
23application, as promptly as possible after the date of the spring primary, September
24primary, special primary, or date that the primary would be held, if required. With
25respect to a candidate at a special election who applies for a postelection grant under
1sub. (1) (a)
2. 1. b., the board shall inform the candidate in writing of the conditional
2approval or disapproval of the candidate's application at the same time.
AB843-engrossed,62,124
11.50
(2) (g) A candidate who voluntarily files an application to receive a grant
5in accordance with this subsection accepts and agrees to comply with the
6contribution limitations prescribed in s. 11.26 and the disbursement limitations
7imposed under s. 11.31
(2) as binding upon himself or herself and his or her agents
8during the campaign as defined in s. 11.31 (7), as a precondition to receipt of a grant
9under this section, unless the board determines that the candidate is not eligible to
10receive a grant, the candidate withdraws the application under par. (h),
or par. (i)
or
11s. 11.31 (3n) applies
to the candidate, or the board issues a determination under s.
1211.31 (3r) applicable to the candidate.
AB843-engrossed,62,2114
11.50
(2) (h) An eligible candidate who files an application under par. (a) may
15file a written withdrawal of the application. A withdrawal of an application may be
16filed with the board no later than the 7th day after the day of the primary in which
17the person withdrawing the application is a candidate or the 7th day after the date
18that the primary would be held, if required. If an application is withdrawn in
19accordance with this paragraph, the person withdrawing the application is no longer
20bound by the
statement affidavit filed under
par. (a) s. 11.31 (2m) (a) after the date
21of the withdrawal.
AB843-engrossed,63,1023
11.50
(2) (i) Notwithstanding par. (g), if an eligible candidate at the spring
24election or a special nonpartisan election who accepts a grant is opposed by one or
25more candidates in the election, or if an eligible candidate at the general election or
1a special partisan election who accepts a grant is opposed by one or more candidates
2in the election who receive at least 6% of the vote cast for all candidates for the same
3office on all ballots at the September primary or a special partisan primary if a
4primary was held, and in either case if any such opponent of the eligible candidate
5does not accept a grant under this section in whole or in part, the eligible candidate
6is not bound by the pledge made in his or her application to adhere to the contribution
7limitations prescribed in s. 11.26 and the disbursement limitation prescribed under
8s. 11.31
(2), unless each such opponent files an affidavit
of voluntary compliance 9under s. 11.31 (2m)
(b), s. 11.31 (3n) does not apply to the candidate, and the board
10has not issued a determination under s. 11.31 (3r) applicable to the candidate.