AB843: Bill Text

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

AB843,45,11 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, s. 70 Section 70. 11.26 (10) of the statutes is amended to read:

AB843,46,5 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, s. 71 Section 71. 11.26 (10a) of the statutes is created to read:

AB843,46,9 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.

AB843,46,25 (b) The dollar amounts of the limitations under subs. (1), (1m), (2), (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), (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, s. 72 Section 72. 11.26 (15) of the statutes is amended to read:

AB843,47,6 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), or (2).

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

AB843,47,10 11.26 (17) (a) For purposes of application of the limitations imposed in subs. (1), (1m), (2), (9), (9m), and (10), the "campaign" of a candidate begins and ends at the times specified in this subsection.

AB843, s. 74 Section 74. 11.265 of the statutes is repealed.

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

AB843,47,15 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, s. 76 Section 76. 11.30 (4) of the statutes is amended to read:

AB843,47,19 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.

AB843,47,23 (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.

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

AB843,48,5 11.31 (1) Schedule. (intro.) The following levels of disbursements are established with reference to the candidates listed below. The levels are subject to adjustment under sub. (9). Except as provided in sub. (2), such levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.

AB843, s. 78 Section 78. 11.31 (1) (a) to (c) of the statutes are amended to read:

AB843,48,7 11.31 (1) (a) Candidates for governor, $1,078,200 $2,750,000.

AB843,48,8 (b) Candidates for lieutenant governor, $323,475 $400,000.

AB843,48,9 (c) Candidates for attorney general, $539,000 $750,000.

AB843, s. 79 Section 79. 11.31 (1) (cg) and (cr) of the statutes are created to read:

AB843,48,11 11.31 (1) (cg) Candidates for justice, $400,000.

AB843,48,12 (cr) Candidates for state superintendent, $400,000.

AB843, s. 80 Section 80. 11.31 (1) (d) of the statutes is amended to read:

AB843,48,15 11.31 (1) (d) Candidates for secretary of state, or state treasurer, justice or state superintendent, $215,625 $300,000.

AB843, s. 81 Section 81. 11.31 (1) (dm) of the statutes is repealed.

AB843, s. 82 Section 82. 11.31 (1) (e) and (f) of the statutes are amended to read:

AB843,48,20 11.31 (1) (e) Candidates for state senator, $34,500 total in the primary and election, with disbursements not exceeding $21,575 for either the primary or the election $112,500.

AB843,48,23 (f) Candidates for representative to the assembly, $17,250 total in the primary and election, with disbursements not exceeding $10,775 for either the primary or the election $45,000.

AB843, s. 83 Section 83. 11.31 (2) of the statutes is amended to read:

AB843,49,18 11.31 (2) Limitation imposed. No candidate for state office at a spring or general election who files a sworn statement and an application to receive a grant from the Wisconsin election campaign fund and an affidavit under sub. (2m) (a) may make or authorize total disbursements from the his or her campaign treasury in any campaign to the extent of more than the amount prescribed in sub. (1), adjusted as provided under sub. (9), 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), sub. (3n) or s. 11.50 (2) (i) applies to that candidate, or the board issues a determination under sub. (3r) applicable to the candidate. No candidate for state office at a special election who files a sworn statement and an application to receive a grant from the Wisconsin election campaign fund and an affidavit under sub. (2m) (a) may make or authorize total disbursements from the his or her campaign treasury in any campaign to the extent of more than the amount prescribed under sub. (1), adjusted as provided under sub. (9), for the preceding spring or general election for the same office, 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), s. 11.31 (3n) or 11.50 (2) (i) applies to that candidate, or the board issues a determination under sub. (3r) applicable to the candidate.

AB843, s. 84 Section 84. 11.31 (2m) (title) of the statutes is amended to read:

AB843,49,20 11.31 (2m) (title) Voluntary limitation Affidavit of adherence to limitations.

AB843, s. 85 Section 85. 11.31 (2m) of the statutes is renumbered 11.31 (2m) (b) and amended to read:

AB843,50,6 11.31 (2m) (b) Any candidate to whom sub. (2) and s. 11.26 (10) do not apply may file an affidavit with his or her filing officer affirming that he or she has adhered and will adhere to the limitations imposed under sub. (2) and s. 11.26 (10) during the entire campaign. These limitations apply unless the candidate withdraws the affidavit by notifying his or her filing officer in writing no later than the 7th day after the date of the primary in which the person filing the affidavit is a candidate, or the 7th day after the date that the primary would be held, if no primary is required, or unless sub. (3n) applies to that candidate or the board issues a determination under sub. (3r) applicable to the candidate.

AB843, s. 86 Section 86. 11.31 (2m) (a) of the statutes is created to read:

AB843,50,17 11.31 (2m) (a) Each candidate who files an application to receive a grant from the Wisconsin election campaign fund shall file an affidavit with the board affirming that the candidate, and his or her authorized agents, have complied with the limitations imposed under sub. (2) and s. 11.26 at all times during which the limitations have applied to his or her candidacy and will continue to comply with the limitations at all times during which the limitations apply to his or her candidacy, unless the board determines that the candidate is not eligible to receive a grant from the fund, the candidate withdraws his or her application for a grant under s. 11.50 (2) (h), sub. (3n) or s. 11.50 (2) (i) applies, or the board issues a determination under sub. (3r) applicable to the candidate.

AB843, s. 87 Section 87. 11.31 (3) of the statutes is amended to read:

AB843,50,24 11.31 (3) Gubernatorial campaigns. For purposes of compliance with the limitations imposed under sub. (2), candidates for governor and lieutenant governor of the same political party who both accept grants from the Wisconsin election campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b), adjusted as provided under sub. (9), and reallocate the total level between them. The candidates shall each inform the board of any such agreement.

AB843, s. 88 Section 88. 11.31 (3m) of the statutes is repealed.

AB843, s. 89 Section 89. 11.31 (3n) of the statutes is created to read:

AB843,51,17 11.31 (3n) Disbursements by opposing candidates for certain state offices. If a candidate for a state office specified in sub. (1) (a) to (d), (e), or (f) in any campaign who has filed an affidavit under sub. (2m) determines that an opposing candidate who has not filed an affidavit under sub. (2m) has made disbursements exceeding the amount of the disbursement level applicable to that candidate under sub. (1), as adjusted under sub. (9), then that candidate and each of his or her opponents may make additional contributions to his or her own campaign exceeding the amount authorized under s. 11.26 (10) and may make additional disbursements in that campaign exceeding the amount authorized under sub. (1), as adjusted under sub. (9), in an amount equivalent to the lesser of the total contributions made by the opposing candidate to his or her own campaign or the amount by which the total disbursements made by the opposing candidate exceed the disbursement limitation or level applicable to that candidate under sub. (1), as adjusted under sub. (9), as reported to the board by the opposing candidate or his or her personal campaign committee. In addition, contributions to that candidate and to each of his or her opponents may be made as authorized under s. 11.26 (9m).

AB843, s. 90 Section 90. 11.31 (3r) of the statutes is created to read:

AB843,52,6 11.31 (3r) Independent expenditures; candidates for certain state offices. (a) If a candidate for a state office specified in sub. (1) (a) to (d), (e), or (f) has filed an affidavit under sub. (2m) the board receives a report under s. 11.065 that an independent expenditure has been made for the purpose of making a communication in opposition to the candidate, or in support of a candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot in opposition to the candidate, other than for the purpose of making a communication described in s. 11.29 or 11.30 (4m), the board shall, no later than the end of the 3rd calendar day after receiving the report under s. 11.065, issue a determination that the candidate may make additional disbursements in that campaign exceeding any limitation imposed under sub. (2) or agreed to under sub. (2m) in an amount equivalent to the amount of the independent expenditure, as reported under s. 11.065, and that contributions to the candidate may be made as authorized under s. 11.26 (9m).

AB843,52,8 (b) The board shall immediately file a written copy of its determination with each of the candidates for the office that the candidate seeks.

AB843, s. 91 Section 91. 11.31 (4) of the statutes is repealed.

AB843, s. 92 Section 92. 11.31 (9) of the statutes is created to read:

AB843,52,14 11.31 (9) Adjustment of disbursement levels. (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.

AB843,53,4 (b) The dollar amounts of the limitations under sub. (1) 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 sub. (1) 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, s. 93 Section 93. 11.38 (6) of the statutes is amended to read:

AB843,53,10 11.38 (6) Any individual or campaign treasurer who receives funds in violation of this section shall promptly return such funds to the contributor or, donate the funds to the common school fund or a charitable organization, or transfer the funds to the board for deposit in the Wisconsin election campaign fund, at the treasurer's option.

AB843, s. 94 Section 94. 11.385 of the statutes is created to read:

AB843,53,14 11.385 Certain contributions prohibited. (1) In this section, "floorperiod" means a floorperiod of the legislature, as scheduled by joint resolution, for a regular legislative session.

AB843,53,19 (2) Except as provided in subs. (3) to (5), no member of the legislature or personal campaign committee of a member may make or receive any contribution in conjunction with a fund-raising social event held in Dane County during a floorperiod or a special or extraordinary session if the event is held to benefit a member or member's personal campaign committee.

AB843,53,25 (3) Subsection (2) does not apply to a contribution made or received in connection with a fund-raising social event that is held by a member of the legislature or his or her personal campaign committee during the period between the first day authorized for filing nomination papers for an office for which the member is a candidate and the date of the election for that office, if the event is held within the jurisdiction or district served by the office for which the member is a candidate.

AB843,54,6 (4) Subsection (2) does not apply to a contribution made or received in connection with a fund-raising social event that is held by a member of the legislature or his or her personal campaign committee during the period between the first day authorized for filing nomination papers for any office other than member of the house of the legislature in which a member serves and the date of the election for that office.

AB843,54,12 (5) Subsection (2) does not apply to a contribution made or received in connection with a fund-raising social event held during a special or extraordinary session by a member of the legislature or his or her personal campaign committee if the member serves a district that is wholly or partly contained within Dane County, the event is held within the boundaries of that district and invitations to the event are sent before the special or extraordinary session is called.

AB843, s. 95 Section 95. 11.50 (1) (a) 1. (intro.) of the statutes is created to read:

AB843,54,15 11.50 (1) (a) 1. (intro.) For purposes of qualification for a grant from the general account:

AB843, s. 96 Section 96. 11.50 (1) (a) 1. of the statutes is renumbered 11.50 (1) (a) 1. a.

AB843, s. 97 Section 97. 11.50 (1) (a) 2. of the statutes is renumbered 11.50 (1) (a) 1. b. and amended to read:

AB843,55,13 11.50 (1) (a) 1. b. With respect to a special election, an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for state superintendent, or an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for any state office, except district attorney, on the ballot or column of a party whose candidate for the same office at the preceding general election received at least 6% of the vote cast for all candidates on all ballots for the office, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at a special election, or an individual who receives at least 6% of the vote cast for all candidates on all ballots for any state office, except district attorney, at a partisan special election; and who qualifies for a grant under sub. (2). Where the boundaries of a district in which an individual seeks office have been changed since the preceding general election such that it is not possible to calculate the exact number of votes that are needed by that individual to qualify as an eligible candidate prior to an election under this subdivision, the number of votes cast for all candidates for the office at the preceding general election in each ward, combination of wards or municipality which is wholly contained within the boundaries of the newly formed district shall be calculated. If the candidate of the political party on whose ballot or column the individual appears in the newly formed district obtained at least 6% of the number of votes calculated, the individual is deemed to qualify as an eligible candidate prior to the election under this subdivision.

AB843, s. 98 Section 98. 11.50 (1) (a) 2m. of the statutes is created to read:

AB843,55,20 11.50 (1) (a) 2m. For purposes of qualification for a grant from a political party account, an individual who is certified under s. 7.08 (2) (a) or 8.50 (1) (d) in the general election or a special election as the candidate of an eligible political party for a state office, other than district attorney, or an individual who has been lawfully appointed and certified to replace such an individual on the ballot at the general or a special election and who has qualified for a grant under sub. (2).

AB843, s. 99 Section 99. 11.50 (1) (am) of the statutes is created to read:

AB843,55,22 11.50 (1) (am) "Eligible political party" means any of the following:

AB843,56,2 1. A party qualifying under s. 5.62 (1) (b) for a separate ballot or one or more separate columns or rows on a ballot for the period beginning on the date of the preceding general election and ending on the day before the general election that follows that election.

AB843,56,7 2. A party qualifying under s. 5.62 (2) for a separate ballot or one or more separate columns or rows on a ballot for the period beginning on the preceding June 1, or if that June 1 is in an odd-numbered year, the period beginning on June 1 of the preceding even-numbered year, and ending on May 31 of the 2nd year following that June 1.

AB843, s. 100 Section 100. 11.50 (1) (bm) and (cm) of the statutes are created to read:

AB843,56,10 11.50 (1) (bm) "General account" means the account in the fund created under sub. (2w).

AB843,56,12 (cm) "Political party account" means an account in the fund created under sub. (2s).

AB843, s. 101 Section 101. 11.50 (2) (a) of the statutes is amended to read:

AB843,57,4 11.50 (2) (a) Any individual who desires to qualify as an eligible candidate may file an application with the board requesting approval to participate in the fund. The application shall be filed no later than the applicable deadline for filing nomination papers 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. on the 7th day after the primary or date on which the primary would be held if required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in the case of candidates appointed to fill vacancies. The application shall contain a sworn statement that the candidate and his or her authorized agents have complied with the contribution limitations prescribed in s. 11.26 and the disbursement limitations prescribed under s. 11.31 at all times to which such limitations have applied to his or her candidacy and will continue to comply with the limitations at all times to which the limitations apply to his or her candidacy for the office in contest, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under par. (h), or par. (i) applies applicant shall provide, along with the application, an affidavit under s. 11.31 (2m) (a).

AB843, s. 102 Section 102. 11.50 (2) (b) 4. of the statutes is amended to read:

AB843,57,9 11.50 (2) (b) 4. 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 his or her statement affidavit filed with the application under par. (a) s. 11.31 (2m) (a) is true; and

AB843, s. 103 Section 103. 11.50 (2) (b) 5. of the statutes is amended to read:

AB843,58,11 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, from contributions of money, other than loans, made by individuals who reside in this state and, in the case of a candidate for other than a statewide office, by individuals at least 50% of whom reside in a county having territory within the 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 applicable authorized disbursement limitation, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9). For any other candidate at the general election, the required amount to qualify for a grant is 10% 7% of the candidate's applicable authorized disbursement limitation, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9).

AB843, s. 104 Section 104. 11.50 (2) (f) of the statutes is amended to read:

AB843,58,19 11.50 (2) (f) The board shall inform each candidate in writing of the approval or disapproval of the candidate's application, as promptly as possible after the date of the spring primary, September primary, special primary, or date that the primary would be held, if required. With respect to a candidate at a special election who applies for a postelection grant under sub. (1) (a) 2. 1. b., the board shall inform the candidate in writing of the conditional approval or disapproval of the candidate's application at the same time.

AB843, s. 105 Section 105. 11.50 (2) (g) of the statutes is amended to read:

AB843,59,4 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 binding upon himself or herself and his or her agents during the campaign 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) or s. 11.31 (3n) applies to the candidate, or the board issues a determination under s. 11.31 (3r) applicable to the candidate.

AB843, s. 106 Section 106. 11.50 (2) (h) of the statutes is amended to read:

AB843,59,13 11.50 (2) (h) An eligible candidate who files an application under par. (a) may file a written withdrawal of the application. A withdrawal of an application may be filed with the board no later than the 7th day after the day of the primary in which the person withdrawing the application is a candidate or the 7th day after the date that the primary would be held, if required. If an application is withdrawn in accordance with this paragraph, the person withdrawing the application is no longer bound by the statement affidavit filed under par. (a) s. 11.31 (2m) (a) after the date of the withdrawal.

AB843, s. 107 Section 107. 11.50 (2) (i) of the statutes is amended to read:

AB843,60,2 11.50 (2) (i) Notwithstanding par. (g), if an eligible candidate at the spring election or a special nonpartisan election who accepts a grant is opposed by one or more candidates in the election, or if an eligible candidate at the general election or a special partisan election who accepts a grant is opposed by one or more candidates in the election who receive at least 6% of the vote cast for all candidates for the same office on all ballots at the September primary or a special partisan primary if a primary was held, and in either case if any such opponent of the eligible candidate does not accept a grant under this section in whole or in part, the eligible candidate is not bound by the pledge made in his or her application to adhere to the contribution limitations prescribed in s. 11.26 and the disbursement limitation prescribed under s. 11.31 (2), unless each such opponent files an affidavit of voluntary compliance under s. 11.31 (2m) (b), s. 11.31 (3n) does not apply to the candidate, and the board has not issued a determination under s. 11.31 (3r) applicable to the candidate.

AB843, s. 108 Section 108. 11.50 (2s) of the statutes is created to read: