AB843,58,1913
11.50
(2) (f) The board shall inform each candidate in writing of the approval
14or disapproval of the candidate's application, as promptly as possible after the date
15of the spring primary, September primary, special primary, or date that the primary
16would be held, if required. With respect to a candidate at a special election who
17applies for a postelection grant under sub. (1) (a)
2.
1. b., the board shall inform the
18candidate in writing of the conditional approval or disapproval of the candidate's
19application at the same time.
AB843, s. 105
20Section
105. 11.50 (2) (g) of the statutes is amended to read:
AB843,59,421
11.50
(2) (g) A candidate who voluntarily files an application to receive a grant
22in accordance with this subsection accepts and agrees to comply with the
23contribution limitations prescribed in s. 11.26 and the disbursement limitations
24imposed under s. 11.31
(2) as binding upon himself or herself and his or her agents
25during the campaign as defined in s. 11.31 (7), as a precondition to receipt of a grant
1under this section, unless the board determines that the candidate is not eligible to
2receive a grant, the candidate withdraws the application under par. (h),
or par. (i)
or
3s. 11.31 (3n) applies
to the candidate, or the board issues a determination under s.
411.31 (3r) applicable to the candidate.
AB843, s. 106
5Section
106. 11.50 (2) (h) of the statutes is amended to read:
AB843,59,136
11.50
(2) (h) An eligible candidate who files an application under par. (a) may
7file a written withdrawal of the application. A withdrawal of an application may be
8filed with the board no later than the 7th day after the day of the primary in which
9the person withdrawing the application is a candidate or the 7th day after the date
10that the primary would be held, if required. If an application is withdrawn in
11accordance with this paragraph, the person withdrawing the application is no longer
12bound by the
statement affidavit filed under
par. (a) s. 11.31 (2m) (a) after the date
13of the withdrawal.
AB843, s. 107
14Section
107. 11.50 (2) (i) of the statutes is amended to read:
AB843,60,215
11.50
(2) (i) Notwithstanding par. (g), if an eligible candidate at the spring
16election or a special nonpartisan election who accepts a grant is opposed by one or
17more candidates in the election, or if an eligible candidate at the general election or
18a special partisan election who accepts a grant is opposed by one or more candidates
19in the election who receive at least 6% of the vote cast for all candidates for the same
20office on all ballots at the September primary or a special partisan primary if a
21primary was held, and in either case if any such opponent of the eligible candidate
22does not accept a grant under this section in whole or in part, the eligible candidate
23is not bound by the pledge made in his or her application to adhere to the contribution
24limitations prescribed in s. 11.26 and the disbursement limitation prescribed under
25s. 11.31
(2), unless each such opponent files an affidavit
of voluntary compliance
1under s. 11.31 (2m)
(b), s. 11.31 (3n) does not apply to the candidate, and the board
2has not issued a determination under s. 11.31 (3r) applicable to the candidate.
AB843, s. 108
3Section
108. 11.50 (2s) of the statutes is created to read:
AB843,60,84
11.50
(2s) Political party accounts. (a) The state chairperson of each eligible
5political party may, by written request to the board, provide for the establishment
6or discontinuance of an account within the fund for that political party. Each political
7party account consists of all moneys designated by individuals for deposit in that
8account under s. 71.10 (3) (a).
AB843,60,199
(b) From the account of each eligible political party, the board shall apportion
10moneys to an account for each office in the same proportion that moneys are
11apportioned under sub. (4). Within each account, the board shall apportion available
12moneys to eligible candidates representing that party who qualify to receive grants.
13If there are insufficient moneys available to finance payment of the full amount of
14the grant for which a candidate for legislative office qualifies, the board shall prorate
15available moneys within the account for each legislative office. Whenever an eligible
16candidate representing an eligible political party receives a grant, the state
17treasurer shall first make payment of the grant from the political party account of
18that party, to the extent that sufficient moneys are available in that account to make
19payment of the grant.
AB843,60,2220
(c) If a political party for which an account is established under this subsection
21ceases to be an eligible political party, the board shall transfer the unencumbered
22balance of that account to the general account.
AB843, s. 109
23Section
109. 11.50 (2w) of the statutes is created to read:
AB843,61,324
11.50
(2w) General account. There is established a general account within
25the fund consisting of all moneys designated by individuals for deposit in that
1account under s. 71.10 (3) (a), all moneys transferred to that account under sub. (2s)
2(c), and all moneys deposited in the fund under ss. 8.35 (4) (a), 11.07 (5), 11.12 (2),
311.16 (2), 11.19 (1), 11.23 (2), and 11.38 (6).
AB843, s. 110
4Section
110. 11.50 (3) (a) 1. of the statutes is renumbered 11.50 (3) (a) 2m. and
5amended to read:
AB843,61,146
11.50
(3) (a) 2m.
If After making any transfer required under subd. 1m. if an
7election for state superintendent is scheduled in the following year,
8% of the fund
8shall be placed in the state treasurer shall transfer an amount sufficient to finance
9payment of the full amount of the grants authorized under sub. (9) (a) for candidates
10for the office of state superintendent to a superintendency account. From this
11account, an equal amount shall be disbursed to the campaign depository account of
12each eligible candidate by the state treasurer.
Any unencumbered balance in the
13superintendency account after an election for the office of state superintendent is
14held shall revert to the general account.
AB843, s. 111
15Section
111. 11.50 (3) (a) 2. of the statutes is renumbered 11.50 (3) (a) 1m. and
16amended to read:
AB843,61,2417
11.50
(3) (a) 1m. If an election for justice is scheduled in the following year,
8%
18of the fund shall be placed in the state treasurer shall transfer an amount sufficient
19to finance payment of the full amount of the grants authorized under sub. (9) (b) for
20candidates for the office of justice to a supreme court account. From this account, an
21equal amount shall be disbursed to the campaign depository account of each eligible
22candidate by the state treasurer.
Any unencumbered balance in the supreme court
23account after an election for the office of justice is held shall revert to the general
24account.
AB843, s. 112
25Section
112. 11.50 (3) (b) of the statutes is amended to read:
AB843,62,14
111.50
(3) (b)
If a vacancy occurs in the office of justice after August 15 in any
2year and an election is scheduled to fill the vacancy at the spring election in the
3following year, the state treasurer shall transfer an amount sufficient to finance
4payment of the full amount of the grants authorized under sub. (9) (b) for candidates
5for the office of justice to the supreme court account. If a vacancy occurs in the office
6of state superintendent
or justice after August 15 in any year and an election is
7scheduled to fill the vacancy at the spring election in the following year, the state
8treasurer shall
, after making any transfer that is required to be made to the supreme
9court account, transfer an amount
not exceeding 8% of the moneys transferred to the
10fund on the preceding August 15 sufficient to finance payment of the full amount of
11the grants authorized under sub. (9) (a) for candidates for the office of state
12superintendent to the
superintendency account
for the office in which the vacancy
13occurs, such. The moneys
to shall be
drawn transferred from any account within the
14accounts created under sub. (4) in the amount or amounts specified by the board.
AB843, s. 113
15Section
113. 11.50 (3) (c) of the statutes is created to read:
AB843,62,1816
11.50
(3) (c) If there are insufficient moneys in the fund to make any transfer
17that is required to be made under par. (a) or (b), the state treasurer shall transfer the
18balance in the fund to the account to which the transfer is required to be made.
AB843, s. 114
19Section
114. 11.50 (4m) of the statutes is created to read:
AB843,63,620
11.50
(4m) Payment of grant amounts. The state treasurer shall make
21payment of each grant to an eligible candidate from the political party account of that
22candidate's political party, if any, if there are sufficient moneys in that account to
23make full payment of the grant, and then from the general account. The amount of
24each grant is the amount specified in sub. (9), except as provided in sub. (10) and
25except that if there are insufficient moneys in the account for any office within the
1general account to make payment of the full amount of the grant for which a
2candidate qualifies, the board shall first allocate available moneys in that account
3to equalize payments of grants to all eligible candidates for each office for which any
4candidate has received payments from a political party account, and thereafter shall
5prorate any remaining available moneys in that account to all eligible candidates
6who qualify to receive a grant from that account.
AB843, s. 115
7Section
115. 11.50 (5) of the statutes is amended to read:
AB843,63,128
11.50
(5) Time of disbursement. The state treasurer shall make the
9disbursements
of grants under sub. (9) to the campaign depository account of each
10eligible candidate
under subs. (3) and (4) by the end of the 3rd business day following
11notice from the board under s. 7.08 (2) (c) or (cm). Eligible candidates for governor
12and lieutenant governor of the same political party may combine accounts if desired.
AB843, s. 116
13Section
116. 11.50 (6) of the statutes is amended to read:
AB843,63,1714
11.50
(6) Excess moneys. If the amounts which are to be apportioned to each
15eligible candidate
under subs. (3) and (4) are more than the amount which a
16candidate may accept under sub. (9), or more than the amount which a candidate
17elects to accept under sub. (10), the excess moneys shall be retained in the fund.
AB843, s. 117
18Section
117. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended
19to read:
AB843,63,2520
11.50
(9) (a)
The Except as provided in pars. (c) and (d), the total grant available
21to an eligible candidate
for an office other than the office of justice may not exceed
22that amount which, when added to all other contributions accepted from sources
23other than individuals
, and political party committees
and legislative campaign 24committees, is equal to 45% of the disbursement level specified for the applicable
25office under s. 11.31
(1), adjusted as provided under s. 11.31 (9).
AB843,64,3
1(e) The board shall scrutinize accounts and reports and records kept under this
2chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are not
3exceeded and any violation is reported.
AB843,64,5
4(f) No candidate or campaign treasurer may accept grants exceeding the
5amount authorized by this subsection.
AB843, s. 118
6Section
118. 11.50 (9) (b) to (d) of the statutes are created to read:
AB843,64,117
11.50
(9) (b) Except as provided in pars. (c) and (d), the total grant available
8to an eligible candidate for the office of justice may not exceed that amount which,
9when added to all other contributions accepted from sources other than individuals
10political party committees, is equal to 65% of the disbursement level specified for that
11office under s. 11.31 (1), as adjusted under s. 11.31 (9).
AB843,64,1712
(c) If, at the time that the board transmits notice of grant eligibility to the state
13treasurer under s. 7.08 (2) (c) or (cm), an eligible candidate has a balance in his or
14her campaign depository account that exceeds 50% of the disbursement level
15specified under s. 11.31 (1), as adjusted under s. 11.31 (9), for the office that the
16candidate seeks, the amount of the grant payable to the candidate is 50% of the
17amount otherwise payable under par. (a) or (b).
AB843,64,2118
(d) If an eligible candidate does not have an opponent whose application to
19receive a grant has been approved by the board, the amount of the grant payable to
20the candidate is 50% of the amount otherwise payable under par. (a) or (b), unless
21the amount of the grant is subject to reduction under par. (c).
AB843, s. 119
22Section
119. 11.50 (10m) of the statutes is amended to read:
AB843,65,423
11.50
(10m) Return of grants. An individual who receives a grant prior to an
24election in which he or she is a candidate and who desires to return any portion of
25the grant shall return that portion no later than the 2nd Tuesday in October
1preceding a general election, the 4th Tuesday preceding a spring election or the 3rd
2Tuesday preceding a special election. A candidate who returns all or any portion of
3a grant under this subsection remains bound by the candidate's
statement affidavit 4filed under
sub. (2) (a) s. 11.31 (2m) (a).
AB843, s. 120
5Section
120. 11.50 (11) (e) of the statutes is amended to read:
AB843,65,96
11.50
(11) (e) No candidate may expend, authorize the expenditure of or incur
7any obligation to expend any grant if he or she violates the
pledge affidavit required
8under sub. (2) (a) as a precondition to receipt of a grant
, except as authorized in sub.
9(2) (h) or (i).
AB843, s. 121
10Section
121. 11.50 (14) of the statutes is created to read:
AB843,65,1211
11.50
(14) Certifications to secretary of revenue. (a) In each
12even-numbered year, the board shall certify to the secretary of revenue:
AB843,65,1613
1. No later than July 1, the name of each political party that qualifies under
14sub. (1) (am) 1. as an eligible political party as of the preceding June 1 and whose
15state chairperson has filed a request to establish an account for the party under sub.
16(2s) (a).
AB843,65,1917
2. No later than December 15, the name of each political party that qualifies
18under sub. (1) (am) 2. as an eligible political party as of the date of the preceding
19general election.
AB843,65,2120
(b) In each certification under this subsection, the board shall specify the
21expiration date of the certification.
AB843, s. 122
22Section
122. 11.60 (1) and (2) of the statutes are amended to read:
AB843,65,2423
11.60
(1) Any person, including any committee or group, who violates this
24chapter may be required to forfeit not more than
$500
$1,500 for each violation.
AB843,66,5
1(2) In addition to the penalty under sub. (1), any person, including any
2committee or group, who is delinquent in filing a report required by this chapter may
3be required to forfeit not more than
$50 $150 or
one percent 3% of the annual salary
4of the office for which the candidate is being supported or opposed, whichever is
5greater, for each day of delinquency.
AB843, s. 123
6Section
123. 11.61 (1) of the statutes is amended to read:
AB843,66,97
11.61
(1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07
8(1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than
$10,000 9$30,000 or imprisoned for not more than
4 13 years and 6 months or both.
AB843,66,1410
(b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38
11where the intentional violation does not involve a specific figure, or where the
12intentional violation concerns a figure which exceeds $100 in amount or value may
13be fined not more than
$10,000 $30,000 or imprisoned for not more than
4 13 years
14and 6 months or both.
AB843,66,1915
(c) Whoever intentionally violates any provision of this chapter other than
16those provided in par. (a) and whoever intentionally violates any provision under par.
17(b) where the intentional violation concerns a specific figure which does not exceed
18$100 in amount or value may be fined not more than
$1,000 $3,000 or imprisoned
for 19not more than
6 months one year in the county jail or both.
AB843, s. 124
20Section
124. 11.66 of the statutes is renumbered 11.66 (1) and amended to
21read:
AB843,67,822
11.66
(1) Any elector may sue for injunctive relief to compel compliance with
23this chapter. Before commencing any action concerning
a an election for state office
24or
a statewide referendum, an elector shall file a verified complaint with the
25executive director of the board
under s. 5.066 (2) alleging such facts as are within his
1or her knowledge to show probable cause to believe that a violation has occurred or
2is proposed to occur.
If The verified complaint shall include a notice that the elector
3intends to seek relief under this section. Except as provided in sub. (2), if the
4executive director of the board fails to
commence an action order the relief that is
5sought by the elector under s. 5.066 (5) within 10 days of the filing of the complaint
6and the elector does not appeal the matter to the board under s. 5.066 (8) or the board,
7after hearing the elector's appeal, does not order the relief sought by the elector
8under s. 5.066 (9), the elector may commence an action.
AB843,67,13
9(3) Separate from any other bond which may be required by the court, the
10elector may be required to post a surety bond in an amount determined by the court
11sufficient to cover the actual costs, including reasonable attorney fees, of both
12parties. If the elector's action is not successful, he or she shall pay the costs of the
13action.
AB843, s. 125
14Section
125. 11.66 (2) of the statutes is created to read:
AB843,67,1615
11.66
(2) If the complaint relates to a matter specified in s. 5.066 (12) (a), the
16elector may commence an action under sub. (1) upon compliance with sub. (1).
AB843, s. 126
17Section
126. 12.05 of the statutes is amended to read:
AB843,67,23
1812.05 False representations affecting elections. No person may
19knowingly make or publish, or cause to be made or published, a false representation
20pertaining to a candidate or referendum
which that is intended or tends to affect
21voting at an election.
This section does not apply to any information reported by a
22person making an independent expenditure, as defined in s. 11.01 (11m), under s.
2311.065 (2).
AB843, s. 127
24Section
127. 19.42 (3m), (4g), (4r) and (7p) of the statutes are created to read:
AB843,68,2
119.42
(3m) "Candidate," except as otherwise provided, has the meaning given
2in s. 11.01 (1).
AB843,68,4
3(4g) "Clearly identified," when used in reference to a communication
4containing a reference to a person, means one of the following:
AB843,68,55
(a) The person's name appears.
AB843,68,66
(b) A photograph or drawing of the person appears.
AB843,68,77
(c) The identity of the person is apparent by unambiguous reference.
AB843,68,12
8(4r) "Communication" means a message transmitted by means of a printed
9advertisement, billboard, handbill, sample ballot, radio or television advertisement,
10telephone call, or any medium that may be utilized for the purpose of disseminating
11or broadcasting a message, but not including a poll conducted solely for the purpose
12of identifying or collecting data concerning the attitudes or preferences of electors.
AB843,68,13
13(7p) "Independent expenditure" has the meaning given in s. 11.01 (11m).
AB843, s. 128
14Section
128. 19.45 (13) of the statutes is created to read:
AB843,68,2415
19.45
(13) No state public official holding an elective office may, directly or by
16means of an agent, give, or offer or promise to give, or withhold, or offer or promise
17to withhold, his or her vote or influence, or promise to take or refrain from taking
18official action with respect to any proposed or pending matter in consideration of, or
19upon condition that, any other person make or refrain from making a political
20contribution, or provide or refrain from providing any service or other thing of value,
21to or for the benefit of a candidate, a political party, any other person who is subject
22to a registration requirement under s. 11.05, or any person who makes an
23independent expenditure for the purpose of making a communication that contains
24a reference to a candidate for state public office.
AB843, s. 129
25Section
129. 19.49 (1m) of the statutes is created to read:
AB843,69,5
119.49
(1m) No complaint alleging a violation of s. 19.45 (13) may be filed during
2the period beginning 120 days before a general or spring election, or during the
3period commencing on the date of the order of a special election under s. 8.50, and
4ending on the date of that election, against a candidate who files a declaration of
5candidacy to have his or her name appear on the ballot at that election.
AB843, s. 130
6Section
130. 19.49 (5) of the statutes is renumbered 19.49 (5) (a) and amended
7to read:
AB843,69,108
19.49
(5) (a)
No Except as provided in par. (b), no action may be taken on any
9complaint
which that is filed later than 3 years after a violation of this subchapter
10or subch. III of ch. 13 is alleged to have occurred.
AB843, s. 131
11Section
131. 19.49 (5) (b) of the statutes is created to read:
AB843,69,1412
19.49
(5) (b) The period of limitation under par. (a) is tolled for a complaint
13alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such
14a complaint may not be filed under s. 19.49 (1m) or 19.59 (8) (cm).
AB843, s. 132
15Section
132. 19.53 (6) of the statutes is amended to read:
AB843,70,716
19.53
(6) An order requiring the accused to forfeit not more than $500 for each
17violation of s. 19.43, 19.44
, or 19.56 (2) or not more than $5,000 for each violation of
18any other provision of this subchapter, or not more than the applicable amount
19specified in s. 13.69 for each violation of subch. III of ch. 13
; and, if. If the board
20determines that the accused has realized economic gain as a result of the violation,
21an the board may, in addition, order
requiring the accused to forfeit the amount
22gained as a result of the violation
. In addition, if the board determines that a state
23public official has violated s. 19.45 (13), the board may order the official to forfeit an
24amount equal to the amount or value of any political contribution, service, or other
25thing of value that was wrongfully obtained. If the board determines that a state
1public official has violated s. 19.45 (13) and no political contribution, service, or other
2thing of value was obtained, the board may order the official to forfeit an amount
3equal to the maximum contribution authorized under s. 11.26 (1) for the office held
4or sought by the official, whichever amount is greater. The attorney general, when
5so requested by the board, shall institute proceedings to recover any forfeiture
6incurred under this section or s. 19.545 which is not paid by the person against whom
7it is assessed.
AB843, s. 133
8Section
133. 19.535 of the statutes is created to read:
AB843,70,18
919.535 Direct enforcement. If the board refuses or otherwise fails to
10authorize an investigation under s. 19.49 (3) with respect to a violation of s. 19.45 (13)
11within 30 days after receiving a verified complaint alleging a violation of s. 19.45 (13),
12the person making the complaint may bring an action to recover the forfeiture under
13s. 19.53 (6) on his or her relation in the name, and on behalf, of the state. In such
14actions, the court may award actual and necessary costs of prosecution, including
15reasonable attorney fees, to the relator if he or she prevails, but any forfeiture
16recovered shall be paid to the state. If the court finds in any such action that the
17cause of action was frivolous as provided in s. 814.025, the court shall award costs
18and fees to the defendant under that section.
AB843, s. 134
19Section
134. 19.59 (1) (br) of the statutes is created to read:
AB843,71,420
19.59
(1) (br) No local public official holding an elective office may, directly or
21by means of an agent, give, or offer or promise to give, or withhold, or offer or promise
22to withhold, his or her vote or influence, or promise to take or refrain from taking
23official action with respect to any proposed or pending matter in consideration of, or
24upon condition that, any other person make or refrain from making a political
25contribution, or provide or refrain from providing any service or other thing of value,
1to or for the benefit of a candidate, a political party, any other person who is subject
2to a registration requirement under s. 11.05, or any person who makes an
3independent expenditure for the purpose of making a communication that contains
4a reference to a candidate for local public office.
AB843, s. 135
5Section
135. 19.59 (7) of the statutes is renumbered 19.59 (7) (a) and amended
6to read:
AB843,71,117
19.59
(7) (a) Any person who violates sub. (1) may be required to forfeit not
8more than $1,000 for each violation
, and, if the court determines that the accused has
9violated sub. (1) (br), the court may, in addition, order the accused to forfeit an
10amount equal to the amount or value of any political contribution, service, or other
11thing of value that was wrongfully obtained.
AB843, s. 136
12Section
136. 19.59 (7) (b) of the statutes is created to read:
AB843,71,1813
19.59
(7) (b) Any person who violates sub. (1) may be required to forfeit not
14more than $1,000 for each violation, and, if the court determines that a local public
15official has violated sub. (1) (br) and no political contribution, service, or other thing
16of value was obtained, the court may, in addition, order the accused to forfeit an
17amount equal to the maximum contribution authorized under s. 11.26 (1) for the
18office held or sought by the official, whichever amount is greater.
AB843, s. 137
19Section
137. 19.59 (8) (c) of the statutes is amended to read:
AB843,71,2420
19.59
(8) (c) If the district attorney fails to commence an action to enforce sub.
21(1)
(a), (b), or (c) to (g) within 20 days after receiving a verified complaint or if the
22district attorney refuses to commence such an action, the person making the
23complaint may petition the attorney general to act upon the complaint. The attorney
24general may then bring an action under par. (a) or (b), or both.
AB843, s. 138
25Section
138. 19.59 (8) (cm) and (cn) of the statutes are created to read:
AB843,72,5
119.59
(8) (cm) No complaint alleging a violation of sub. (1) (br) may be filed
2during the period beginning 120 days before a general or spring election, or during
3the period commencing on the date of the order of a special election under s. 8.50, and
4ending on the date of that election, against a candidate who files a declaration of
5candidacy to have his or her name appear on the ballot at that election.
AB843,72,146
(cn) If the district attorney refuses or otherwise fails to commence an action to
7enforce sub. (1) (br) within 30 days after receiving a verified complaint alleging a
8violation of sub. (1) (br), the person making the complaint may bring an action to
9recover the forfeiture under sub. (7) on his of her relation in the name, and on behalf,
10of the state. In such actions, the court may award actual and necessary costs of
11prosecution, including reasonable attorney fees, to the relator if her or she prevails,
12but any forfeiture recovered shall be paid to the state. If the court finds in any such
13action that the cause of action was frivolous as provided in s. 814.025, the court shall
14award costs and fees to the defendant under that section.