SB104: Bill Text Engrossed

SB104-engrossed,35,2 11.12 (8) If a candidate for a state office specified in s. 11.31 (1) (a) to (de), (e), or (f) who does not accept a grant under s. 11.50 makes any disbursement after that candidate has accumulated cash in his or her campaign depository account or has made disbursements during his or her campaign, as defined in s. 11.31 (7), exceeding a combined total of 75% of the amount specified in s. 11.31 (1) (a) to (de), (e), or (f), as adjusted under s. 11.31 (9), for the office that the candidate seeks, that candidate or the candidate's personal campaign committee shall file daily reports with the board and with each candidate whose name is certified to appear on the ballot for the office in connection with which the disbursement is made, by electronic mail or facsimile transmission, on each day beginning with that date or the 7th day after the primary election or the date that a primary would be held, if required, whichever is later, and ending on the date of the election at which the candidate seeks office. Each report shall contain information pertaining to each disbursement made by the candidate or committee and shall be filed no later than 24 hours after that disbursement is made. Each report shall include the same information concerning each disbursement that is required to be reported for other disbursements under s. 11.06 (1). The information shall also be included in the next regular report of the candidate or committee under s. 11.20.

SB104-engrossed,35,8 (9) Whenever a report is required to be filed with a candidate by electronic mail or facsimile transmission under this section, the report shall be filed at the address or number of the candidate or personal campaign committee as shown on the registration statement of the candidate or committee. If no electronic mail address or facsimile transmission number is shown, the report shall be filed at the mailing address shown on the statement.

SB104-engrossed, s. 49 Section 49. 11.14 (3) of the statutes is amended to read:

SB104-engrossed,35,21 11.14 (3) Notwithstanding sub. (1), any candidate who serves as his or her own campaign treasurer and who is authorized to make and makes an indication on his or her registration statement under s. 11.05 (2r) 11.06 (2m) that he or she will not accept contributions, make disbursements or incur obligations in an aggregate amount exceeding $1,000 in a calendar year, and will not accept any contribution or contributions from a single source, other than contributions made by the candidate to his or her own campaign, exceeding $100 in a calendar year, may designate a single personal account as his or her campaign depository account, and may intermingle personal and other funds with campaign funds. If a separate depository account is later established by the candidate, the candidate shall transfer all campaign funds in the personal account to the new depository account. Disbursements made from such personal account need not be identified in accordance with s. 11.16 (3).

SB104-engrossed, s. 50 Section 50. 11.16 (2) of the statutes is amended to read:

SB104-engrossed,36,5 11.16 (2) Limitation on cash contributions. Every contribution of money exceeding $50 shall be made by negotiable instrument or evidenced by an itemized credit card receipt bearing on the face the name of the remitter. No treasurer may accept a contribution made in violation of this subsection. The treasurer shall promptly return the contribution, or donate it the contribution to the common school fund or to a charitable organization or transfer the contribution to the board for deposit in the Wisconsin election campaign fund in the event that the donor cannot be identified.

SB104-engrossed, s. 51 Section 51. 11.16 (5) of the statutes is amended to read:

SB104-engrossed,36,21 11.16 (5) Escrow agreements. Any personal campaign committee, or political party committee or legislative campaign committee may, pursuant to a written escrow agreement with more than one candidate, solicit contributions for and conduct a joint fund raising effort or program on behalf of more than one named candidate. The agreement shall specify the percentage of the proceeds to be distributed to each candidate by the committee conducting the effort or program. The committee shall include this information in all solicitations for the effort or program. All contributions received and disbursements made by the committee in connection with the effort or program shall be received and disbursed through a separate depository account under s. 11.14 (1) that is identified in the agreement. For purposes of s. 11.06 (1), the committee conducting the effort or program shall prepare a schedule in the form prescribed by the board supplying all required information under s. 11.06 (1) and items qualifying for exclusion under s. 11.31 (6) for the effort or program, and shall transmit a copy of the schedule to each candidate who receives any of the proceeds within the period prescribed in s. 11.06 (4) (c).

SB104-engrossed, s. 52 Section 52. 11.19 (title) of the statutes is amended to read:

SB104-engrossed,36,24 11.19 (title) Dissolution Carry-over of surplus funds; dissolution of registrants; termination reports.

SB104-engrossed, s. 53 Section 53. 11.19 (1) of the statutes is amended to read:

SB104-engrossed,37,18 11.19 (1) Whenever any registrant disbands or determines that obligations will no longer be incurred, and contributions will no longer be received nor disbursements made during a calendar year, and the registrant has no outstanding incurred obligations, the registrant shall file a termination report with the appropriate filing officer. Such report shall indicate a cash balance on hand of zero at the end of the reporting period and shall indicate the disposition of residual funds. Residual funds may be used for any political purpose not prohibited by law, returned to the donors in an amount not exceeding the original contribution, transferred to the board for deposit in the Wisconsin election campaign fund or donated to a charitable organization or the common school fund. The report shall be filed and certified as were previous reports, and shall contain the information required by s. 11.06 (1). A registrant to which s. 11.055 (1) applies shall pay the fee imposed under that subsection with a termination report filed under this subsection. If a termination report or suspension report under sub. (2) is not filed, the registrant shall continue to file periodic reports with the appropriate filing officer, no later than the dates specified in s. 11.20 and, if the registrant files reports under s. 11.21 (16), no later than the times specified in s. 11.21 (16). This subsection does not apply to any registrant making an indication under s. 11.05 (2r) 11.06 (2m).

SB104-engrossed, s. 54 Section 54. 11.20 (1) of the statutes is amended to read:

SB104-engrossed,38,4 11.20 (1) All reports required by s. 11.06 which relate to activities which promote or oppose candidates for state office or statewide referenda and all reports under s. 11.08 shall be filed with the board. All reports required by s. 11.06 which relate to activities which promote or oppose candidates for local office or local referenda shall be filed with the appropriate filing officer under s. 11.02, except reports filed under s. 11.08. Each registrant shall file the reports required by this section. If the registrant is subject to a requirement under s. 11.21 (16) to report electronically the same information that is reportable under this section, the registrant shall, in addition, file the reports required by this section recorded on a medium specified by the board.

SB104-engrossed, s. 54g Section 54g. 11.20 (2s) of the statutes is created to read:

SB104-engrossed,38,10 11.20 (2s) A registrant who or which is required to file reports under s. 11.12 (6) (c) 1. with respect to a candidate at the general election shall file the reports on the 63rd, 42nd, and 21st day prior to that election. A registrant who is required to file reports under s. 11.12 (6) (c) 1. with respect to a special election shall file a report on the 21st day prior to that election.

SB104-engrossed, s. 54r Section 54r. 11.20 (2t) of the statutes is created to read:

SB104-engrossed,38,16 11.20 (2t) A registrant who or which is required to file reports under s. 11.12 (6) (c) 2. with respect to a candidate at the general election shall file the reports no later than the 39th and 18th days prior to that election. A registrant who or which is required to file reports under s. 11.12 (6) (c) 2. with respect to a candidate at a special election shall file the reports no later than the 18th day prior to that election.

SB104-engrossed, s. 55 Section 55. 11.20 (7) of the statutes is amended to read:

SB104-engrossed,38,20 11.20 (7) In Except as otherwise required under s. 11.21 (16), in the event that any report is required to be filed under this section chapter on a nonbusiness day, it may be filed on the next business day thereafter.

SB104-engrossed, s. 56 Section 56. 11.20 (9) of the statutes is amended to read:

SB104-engrossed,38,24 11.20 (9) Except as provided in ss. 11.05 (2r) 11.06 (2m) and 11.19 (2), the duty to file reports under this section continues until a termination report is filed in accordance with s. 11.19.

SB104-engrossed, s. 57 Section 57. 11.20 (10) (a) of the statutes is amended to read:

SB104-engrossed,39,7 11.20 (10) (a) Where a requirement is imposed under this section for the filing of a financial report which is to be received by the appropriate filing officer no later than a certain date, the requirement may be satisfied either by actual receipt of the report by the prescribed time for filing at the office of the filing officer, or by filing a report with the U.S. postal service by first class mail with sufficient prepaid postage, addressed to the appropriate filing officer, no later than the 3rd day before the date provided by law for receipt of such report.

SB104-engrossed, s. 58 Section 58. 11.20 (12) of the statutes is amended to read:

SB104-engrossed,39,13 11.20 (12) If a candidate is unopposed in a primary or election, the obligation to file the reports required by this chapter does not cease. Except as provided in ss. 11.05 (2r) 11.06 (2m) and 11.19 (2), a registrant who makes or receives no contributions, makes no disbursements or incurs no obligations shall so report on the dates designated in subs. (2) and (4).

SB104-engrossed, s. 59 Section 59. 11.21 (2) of the statutes is amended to read:

SB104-engrossed,40,2 11.21 (2) Furnish to each registrant prescribed forms for the making of reports and statements. Forms shall be sent by 1st class mail not earlier than 21 days and not later than 14 days prior to the applicable filing deadline under s. 11.20, and addressed to the attention of the treasurer or other person indicated on the registration statement. Forms need not be sent to a registrant who has made an indication that aggregate contributions, disbursements and obligations will not exceed the amount specified under s. 11.05 (2r) 11.06 (2m) or to a registrant who has been granted a suspension under s. 11.19 (2). Forms for reports shall not be sent by the board to a registrant if the registrant is required to file reports with the board in an electronic format. Whenever any notice of filing requirements under this chapter is sent to a candidate's campaign treasurer, the board shall also send a notice to the candidate if he or she has appointed a separate treasurer. Failure to receive any form or notice does not exempt a registrant from compliance with this chapter.

SB104-engrossed, s. 60 Section 60. 11.21 (15) of the statutes is amended to read:

SB104-engrossed,40,9 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) or (1m), 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.

SB104-engrossed, s. 61 Section 61. 11.21 (16) of the statutes is amended to read:

SB104-engrossed,41,19 11.21 (16) Require each registrant for whom the board serves as filing officer and who or which accepts contributions in a total amount or value of $20,000 or more during a campaign period to file each campaign finance report that is required to be filed under this chapter in an electronic format, and accept from any other registrant for whom the board serves as a filing officer any campaign finance report that is required to be filed under this chapter in an electronic format. A registrant who or which becomes subject to a requirement to file reports in an electronic format under this subsection shall initially file the registrant's report in an electronic format for the period which includes the date on which the registrant becomes subject to the requirement or, if the registrant is required to report transactions within 24 hours of their occurrence, within 24 hours after the date on which the registrant becomes subject to the requirement. To facilitate implementation of this subsection, the board shall specify, by rule, a type of software that is suitable for compliance with the electronic filing requirement under this subsection. The board shall provide copies of the software to registrants at a price fixed by the board that may not exceed cost. Each registrant who or which files a report under this subsection in an electronic format shall also file a copy of the report with the board that is recorded on a medium specified by the board. The copy shall be signed by an authorized individual and filed with the board by each registrant no later than the time prescribed for filing of the report under this chapter. If a registrant is a committee, the copy shall be certified by an authorized individual and filed with the board by the registrant no later than 24 hours after the occurrence of any transaction that is reportable under s. 11.06 (1). If a registrant or other person becomes subject to a requirement to report electronically under this subsection, the registrant or other person shall continue to report electronically regardless of the amount of contributions accepted or expenditures made by the registrant or other person, until a termination report is filed. The board shall provide complete instructions to any registrant who or which files a report under this subsection. In this subsection, the "campaign period" of a candidate, personal campaign committee or support committee begins and ends with the "campaign" of the candidate whose candidacy is supported, as defined in s. 11.26 (17), and the "campaign period" of any other registrant begins on January 1 of each odd-numbered year and ends on December 31 of the following year. Section 990.001 (4) does not apply to the computation of time permitted for compliance with the filing requirements under this subsection.

SB104-engrossed, s. 62 Section 62. 11.22 (3) of the statutes is amended to read:

SB104-engrossed,42,7 11.22 (3) Furnish to each registrant prescribed forms for the making of reports and statements. Forms shall be sent by 1st class mail not earlier than 21 days and not later than 14 days prior to the applicable filing deadline under s. 11.20 and addressed to the attention of the treasurer or other person indicated on the registration statement. Forms need not be sent to a registrant who has made an indication that aggregate contributions, disbursements and obligations will not exceed the amount specified under s. 11.05 (2r) 11.06 (2m) or to a registrant who has been granted a suspension under s. 11.19 (2). Whenever any notice of the filing requirements under this chapter is sent to a candidate's campaign treasurer, the filing officer shall also send a notice to the candidate if he or she has appointed a separate treasurer. Failure to receive any form or notice does not exempt a registrant from compliance with this chapter.

SB104-engrossed, s. 63 Section 63. 11.23 (1) of the statutes is amended to read:

SB104-engrossed,42,21 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), or (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.

SB104-engrossed, s. 64 Section 64. 11.23 (2) of the statutes is amended to read:

SB104-engrossed,43,2 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.

SB104-engrossed, s. 65 Section 65. 11.24 (1w) of the statutes is created to read:

SB104-engrossed,43,6 11.24 (1w) No candidate or personal campaign committee of a candidate who applies for a grant under s. 11.50 may accept any contribution from a committee other than a political party committee.

SB104-engrossed, s. 66 Section 66. 11.24 (2) of the statutes is renumbered 11.24 (5).

SB104-engrossed, s. 67 Section 67. 11.24 (4) of the statutes is created to read:

SB104-engrossed,43,14 11.24 (4) (a) No person may make a contribution to an incumbent partisan state elective official or to the personal campaign committee or support committee authorized under s. 11.05 (3) (p) of that official for the purpose of promoting that official's nomination or reelection to the office held by the official during the period beginning on the first Monday of January in each odd-numbered year and ending on the date of enactment of the biennial budget act.

SB104-engrossed,43,19 (b) Notwithstanding par. (a), a person may make a contribution to an incumbent partisan state elective official against whom a recall petition has been filed during the period beginning on the date that the petition offered for filing is filed under s. 9.10 (3) (b) and ending on the date of the recall election unless the official resigns at an earlier date under s. 9.10 (3) (c).

SB104-engrossed, s. 67m Section 67m. 11.25 (2) (b) of the statutes is amended to read:

SB104-engrossed,44,8 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; 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.

SB104-engrossed, s. 68 Section 68. 11.26 (1) (intro.) of the statutes is amended to read:

SB104-engrossed,44,14 11.26 (1) (intro.) No individual, except an individual serving as a conduit, may make any contribution or contributions to a candidate for election or nomination to any of the following offices 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:

SB104-engrossed, s. 69 Section 69. 11.26 (2) (intro.) of the statutes is amended to read:

SB104-engrossed,44,22 11.26 (2) (intro.) No committee, other than a political party committee or legislative campaign committee, and no individual or committee serving as a conduit, may make any contribution or contributions to a candidate for election or nomination to any of the following offices 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:

SB104-engrossed, s. 70 Section 70. 11.26 (2) (a) of the statutes is amended to read:

SB104-engrossed,45,3 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) $45,000.

SB104-engrossed, s. 71 Section 71. 11.26 (2) (ad) to (au) of the statutes are created to read:

SB104-engrossed,45,5 11.26 (2) (ad) Candidates for lieutenant governor, $15,000.

SB104-engrossed,45,6 (am) Candidates for attorney general, $25,000.

SB104-engrossed,45,8 (au) Candidates for secretary of state, state treasurer, state superintendent, or justice, $10,000.

SB104-engrossed, s. 72 Section 72. 11.26 (4) of the statutes is amended to read:

SB104-engrossed,45,15 11.26 (4) No Except as provided in sub. (10), no individual, except an individual serving as a conduit, 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.

SB104-engrossed, s. 73 Section 73. 11.26 (8) of the statutes is amended to read:

SB104-engrossed,45,22 11.26 (8) (a) 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 party. In this paragraph, a biennium commences with January 1 of each odd-numbered year and ends with December 31 of each even-numbered year.

SB104-engrossed,45,25 (b) 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 subunits or affiliates, excluding legislative campaign and political party committees.

SB104-engrossed,46,4 (c) 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.

SB104-engrossed, s. 74 Section 74. 11.26 (8m) of the statutes is created to read:

SB104-engrossed,46,8 11.26 (8m) (a) Except as provided in par. (b), no committee may make a contribution to any other committee except a political party, personal campaign, or support committee.

SB104-engrossed,46,11 (b) Paragraph (a) does not apply to any contribution made by a committee that is affiliated with a labor organization to any other committee that is affiliated with the same labor organization.

SB104-engrossed, s. 75b Section 75b. 11.26 (9) (a) of the statutes is renumbered 11.26 (9) (a) (intro.) and amended to read:

SB104-engrossed,46,19 11.26 (9) (a) (intro.) 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 for the office for which he or she is a candidate the following amount during any primary and election campaign combined from all committees subject to a filing requirement, including political party and legislative campaign committees.:

SB104-engrossed, s. 75c Section 75c. 11.26 (9) (a) 1. to 7. of the statutes are created to read:

SB104-engrossed,46,21 11.26 (9) (a) 1. For a candidate for the office of governor, $400,000.

SB104-engrossed,46,22 2. For a candidate for the office of lieutenant governor, $100,000.

SB104-engrossed,46,23 3. For a candidate for the office of attorney general, $100,000.

SB104-engrossed,46,25 4. For a candidate for the office of secretary of state, state treasurer, justice or state superintendent, $50,000.

SB104-engrossed,47,1 5. For a candidate for the office of state senator, $24,000.

SB104-engrossed,47,2 6. For a candidate for the office of representative to the assembly, $12,000.

SB104-engrossed,47,6 7. For a candidate for any other state or local office, 20% of the value of the total disbursement level, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m), for the office for which he or she is a candidate.

SB104-engrossed, s. 75d Section 75d. 11.26 (9) (b) of the statutes is renumbered 11.26 (9) (b) (intro.) and amended to read:

SB104-engrossed,47,14 11.26 (9) (b) (intro.) 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 for the office for which he or she is a candidate the following amount during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement.:

SB104-engrossed, s. 75e Section 75e. 11.26 (9) (b) 1. to 7. of the statutes are created to read:

SB104-engrossed,47,16 11.26 (9) (b) 1. For a candidate for the office of governor, $485,190.

SB104-engrossed,47,17 2. For a candidate for the office of lieutenant governor, $145,564.

SB104-engrossed,47,18 3. For a candidate for the office of attorney general, $ 242,550.

SB104-engrossed,47,20 4. For a candidate for the office of secretary of state, state treasurer, justice or state superintendent, $97,031.

SB104-engrossed,47,21 5. For a candidate for the office of state senator, $15,525.

SB104-engrossed,47,22 6. For a candidate for the office of representative to the assembly, $7,763.

SB104-engrossed,48,2 7. For a candidate for any other state or local office, 25% of the value of the total disbursement level, as determined under s. 11.31 (1) and as adjusted as provided under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m), for the office for which he or she is a candidate.

SB104-engrossed, s. 76 Section 76. 11.26 (9) (c) of the statutes is repealed.

SB104-engrossed, s. 77 Section 77. 11.26 (10) of the statutes is amended to read:

SB104-engrossed,48,20 11.26 (10) No candidate for state office who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make contributions of more than 200% of the amounts 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. 11.50 (2) (i) applies. 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.

SB104-engrossed, s. 78 Section 78. 11.26 (12m) of the statutes is amended to read: