SB104: Bill Text

SB104, s. 60 Section 60. 11.31 (1) (c) and (d) of the statutes are amended to read:

SB104,33,19 11.31 (1) (c) Candidates for attorney general, $539,000 $400,000.

SB104,33,21 (d) Candidates for secretary of state, state treasurer, justice, or state superintendent, $215,625 $200,000.

SB104, s. 61 Section 61. 11.31 (1) (e) and (f) of the statutes are amended to read:

SB104,33,25 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 $120,000.

SB104,34,3 (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 $60,000.

SB104, s. 62 Section 62. 11.31 (2) of the statutes is amended to read:

SB104,34,19 11.31 (2) Limitation imposed. No candidate for state office at a spring or general election who files a sworn statement and application to receive a grant from the Wisconsin election campaign clean government fund 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), or s. 11.50 (2) (i) sub. (3p) applies. No candidate for state office at a special election who files a sworn statement and application to receive a grant from the Wisconsin election campaign clean government fund 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), or s. 11.50 (2) (i) sub. (3p) applies.

SB104, s. 63 Section 63. 11.31 (2m) of the statutes is repealed.

SB104, s. 64 Section 64. 11.31 (3) of the statutes is repealed.

SB104, s. 65 Section 65. 11.31 (3m) of the statutes is repealed.

SB104, s. 66 Section 66. 11.31 (3p) of the statutes is created to read:

SB104,35,2 11.31 (3p) Candidates receiving additional grants; exception. If a candidate receives a grant under s. 11.50 (9) (b), (ba), (bb), or (bc), the disbursement limitation of that candidate for the campaign in which the grant is received is increased by the amount of that grant.

SB104, s. 67 Section 67. 11.31 (4) of the statutes is repealed.

SB104, s. 68 Section 68. 11.31 (6) (c) of the statutes is created to read:

SB104,35,10 11.31 (6) (c) Disbursements which are made or obligated to be made by a candidate of a political party for the office of governor or lieutenant governor who has an opponent whose name is certified to appear on the ballot as a candidate for the party nomination of his or her party in the September primary election and which are made or obligated to be made on or before the date of the primary election are not subject to any disbursement limitation.

SB104, s. 69 Section 69. 11.31 (7) (a) of the statutes is amended to read:

SB104,35,23 11.31 (7) (a) For purposes of this section, except as provided in par. (e), the "campaign" of a candidate extends from July 1 preceding the date on which the spring primary or election occurs or January 1 preceding the date on which the September primary or general election occurs for the office which the candidate seeks, or from the date of the candidate's public announcement, whichever is earlier, through the last day of the month following the month in which the election or primary is held for the office which the candidate seeks, except that if a candidate for an office specified in s. 11.31 (1) (a) to (d), (e), or (f) has an opponent whose name is certified to appear on the ballot as a candidate for the nomination of his or her party at a primary election, the campaign of that candidate extends from the day after the date of the primary election through the last day of the month following the month in which the election is held for the office which the candidate seeks.

SB104, s. 70 Section 70. 11.31 (9) of the statutes is created to read:

SB104,36,4 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 federal department of labor.

SB104,36,19 (b) The dollar amounts of all disbursement levels specified in sub. (1) shall be subject to a biennial adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for the base period, calendar year 2003. For each biennium, the board shall multiply that result by the percentage difference in the consumer price indices. The board shall adjust the disbursement levels specified under sub. (1) to substitute that result for the existing levels to the extent required to reflect any difference, rounded to the nearest multiple of $25 in the case of amounts of $1 or more, which amounts shall 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.

SB104, s. 71 Section 71. 11.50 (title) of the statutes is amended to read:

SB104,36,21 11.50 (title) Wisconsin election campaign Clean government fund.

SB104, s. 72 Section 72. 11.50 (1) (b) of the statutes is amended to read:

SB104,36,24 11.50 (1) (b) "Fund" means the Wisconsin election campaign clean government fund.

SB104, s. 73 Section 73. 11.50 (2) (a) of the statutes is amended to read:

SB104,37,15 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 (1), as adjusted under s. 11.31 (9), 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) s. 11.31 (3p) applies.

SB104, s. 74 Section 74. 11.50 (2) (b) (intro.) of the statutes is amended to read:

SB104,37,18 11.50 (2) (b) (intro.) The Except as provided in par. (bm), the board shall approve the application of an eligible candidate for participation if:

SB104, s. 75 Section 75. 11.50 (2) (b) 5. of the statutes is renumbered 11.50 (2) (b) 5. (intro.) and amended to read:

SB104,38,20 11.50 (2) (b) 5. (intro.) 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 at least the amount provided in this subdivision, from contributions of money, other than loans, made by individuals who are residents of this state, other than contributions received through conduits, which 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, which contributions are in the aggregate amount of $100 or less, and which 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 In the case of a candidate for legislative office, the contributions may only be received from individuals who are residents of the district in which the candidate seeks office. 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 authorized disbursement limitation under s. 11.31. For any other candidate at the general election, the required amount to qualify for a grant is 10% of the candidate's authorized disbursement limitation under s. 11.31. Except as provided in sub. (9a), the amount of contributions required under this subdivision is:

SB104, s. 76 Section 76. 11.50 (2) (b) 5. a. to e. of the statutes are created to read:

SB104,38,23 11.50 (2) (b) 5. a. For candidates for the offices of governor and lieutenant governor jointly, $80,400.

SB104,38,24 b. For a candidate for the office of attorney general, $16,200.

SB104,39,2 c. For a candidate for the office of secretary of state, state treasurer, justice, or state superintendent, $8,040.

SB104,39,3 d. For a candidate for the office of state senator, $5,000.

SB104,39,4 e. For a candidate for the office of representative to the assembly, $2,500.

SB104, s. 77 Section 77. 11.50 (2) (bm) of the statutes is created to read:

SB104,39,8 11.50 (2) (bm) The board shall not approve the application of an eligible candidate for the office of governor or lieutenant governor of the same political party unless both candidates qualify to receive a grant under this subsection.

SB104, s. 78 Section 78. 11.50 (2) (g) of the statutes is amended to read:

SB104,39,17 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 adjusted under s. 11.31 (9), 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) s. 11.31 (3p) applies.

SB104, s. 79 Section 79. 11.50 (2) (i) of the statutes is repealed.

SB104, s. 80 Section 80. 11.50 (3) of the statutes is repealed.

SB104, s. 81 Section 81. 11.50 (4) of the statutes is repealed and recreated to read:

SB104,39,23 11.50 (4) Amount of grants. Except as provided in sub. (9) (b), (ba), (bb), and (bc), each eligible candidate for the same office who qualifies for a grant under this section shall receive an equal amount.

SB104, s. 82 Section 82. 11.50 (5) of the statutes is amended to read:

SB104,40,8 11.50 (5) Time of disbursement. The state treasurer shall make the disbursements to the campaign depository account of each eligible candidate under subs. (3) and (4) by the end of the 3rd business day following notice from the board under s. 7.08 (2) (c) or (cm). Eligible candidates for governor and lieutenant governor of the same political party may combine accounts if desired, except that the state treasurer shall make disbursements for eligible candidates for the office of governor and lieutenant governor jointly to the campaign depository account of the candidate for governor.

SB104, s. 83 Section 83. 11.50 (6) of the statutes is repealed.

SB104, s. 84 Section 84. 11.50 (9) (title) of the statutes is amended to read:

SB104,40,11 11.50 (9) (title) Limitation on Amount of grants.

SB104, s. 85 Section 85. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) (intro.) and amended to read:

SB104,40,21 11.50 (9) (a) (intro.) The Except as provided in pars. (b), (ba), (bb), and (bc) and sub. (9a), the total grant available to an eligible candidate may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, political party committees and legislative campaign committees, is equal to 45% of the disbursement level specified for the applicable office under s. 11.31. The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are not exceeded and any violation is reported. is:

SB104,40,23 (am) No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.

SB104, s. 86 Section 86. 11.50 (9) (a) 1. to 5. of the statutes are created to read:

SB104,41,2 11.50 (9) (a) 1. For candidates for the office of governor and lieutenant governor jointly, $670,000.

SB104,41,3 2. For a candidate for the office of attorney general, $135,000.

SB104,41,5 3. For a candidate for the office of secretary of state, state treasurer, superintendent, or justice, $67,000.

SB104,41,6 4. For a candidate for the office of state senator, $40,000.

SB104,41,7 5. For a candidate for the office of representative to the assembly, $20,000.

SB104, s. 87 Section 87. 11.50 (9) (b) of the statutes is created to read:

SB104,41,21 11.50 (9) (b) If an eligible candidate who accepts a grant is opposed by one or more candidates in a general or special election whose names are certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot, and if a committee intends to receive or receives any contribution or contributions that are intended to be used or that are used to oppose the election of the eligible candidate who accepts a grant or to support a certified opponent of that candidate without cooperation or consultation with any certified opposing candidate or such a candidate's agent or authorized committee, and not in concert with, or at the request or suggestion of any certified opposing candidate's agent or authorized committee, then the board shall make an additional grant to the eligible candidate who accepts a grant in an amount equal to the total amount of contributions received for the purpose of advocating the election of the certified opposing candidate or for the purpose of opposing the election of the eligible candidate who accepts the grant, as reported by committees under s. 11.12 (6) (c).

SB104, s. 88 Section 88. 11.50 (9) (ba) of the statutes is created to read:

SB104,42,7 11.50 (9) (ba) If an eligible candidate who accepts a grant is opposed by one or more candidates in a general or special election who are required, or whose personal campaign committees are required, to file a report under s. 11.12 (7), then the board shall make an additional grant to the eligible candidate who accepts a grant in an amount equal to the total amount or value of contributions accepted by the opposing candidate or candidates exceeding the amount specified for the office sought by the candidate or candidates under s. 11.12 (7) (a) for contributions from political party committees or from all contributors, or if both amounts specified in s. 11.12 (7) (a) are exceeded, an amount equal to the excess over both amounts specified, as reported by the opposing candidate under s. 11.12 (7) (a).

SB104, s. 89 Section 89. 11.50 (9) (bb) of the statutes is created to read:

SB104,42,17 11.50 (9) (bb) If any eligible candidate who accepts a grant is opposed by one or more candidates in a general or special election whose names are certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot, and if a conduit has accepted or intends to accept one or more contributions which the conduit has transferred or intends to transfer to the certified opposing candidate and the contributions are required to be reported by the conduit under s. 11.12 (6) (b), then the board shall make an additional grant to the eligible candidate who accepts a grant in an amount equal to the amount or value of contributions accepted by the opposing candidate or candidates, as reported by the conduit under s. 11.12 (6) (b).

SB104, s. 90 Section 90. 11.50 (9) (bc) of the statutes is created to read:

SB104,43,2 11.50 (9) (bc) If any eligible candidate who accepts a grant is opposed by one or more candidates in a general or special election whose names are certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot, and if a committee identified in s. 11.05 (3) (c), other than a conduit, intends to make or makes one or more contributions to the certified opposing candidate and the contributions are required to be reported by the committee under s. 11.12 (6) (e), then the board shall make an additional grant to the eligible candidate who accepts a grant in an amount equal to the amount or value of contributions intended to be made or made to the opposing candidate or candidates, as reported by the committee under s. 11.12 (6) (e).

SB104, s. 91 Section 91. 11.50 (9a) of the statutes is created to read:

SB104,43,7 11.50 (9a) Adjustment of qualifying and grant amounts. (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 federal department of labor.

SB104,43,22 (b) The dollar amounts of all qualifying amounts specified in sub. (2) (b) 5. and all grant amounts specified in sub. (9) shall be subject to a biennial adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for calendar year 2003. For each biennium, the board shall multiply each qualifying amount and grant amount by the percentage difference in the consumer price indices. The board shall adjust each qualifying amount and grant amount to substitute that result for the existing amount to the extent required to reflect any difference, rounded to the nearest multiple of $25. The amounts 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.

SB104, s. 92 Section 92. 11.50 (11) (e) of the statutes is amended to read:

SB104,44,2 11.50 (11) (e) No candidate may expend, authorize the expenditure of or incur any obligation to expend any grant if he or she violates the pledge required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h) or (i).

SB104, s. 93 Section 93. 11.60 (3s) and (3t) of the statutes are created to read:

SB104,44,14 11.60 (3s) Notwithstanding sub. (1), if any candidate or other individual or committee, including a conduit, accepts or transfers a contribution, makes a disbursement, or incurs an obligation to make a disbursement for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (d), (e), or (f) or for a purpose specified in s. 11.01 (16) (a) 3. without first registering under s. 11.05 (1), (2), or (2g) to the extent required under s. 11.05 (1), (2), and (2g), or without reporting the information required under s. 11.12 (6) (b), (c), or (e) or (7) or 11.20 (3) or (4) with respect to that contribution, disbursement, or obligation, to the extent required under ss. 11.12 (6) (b), (c), and (e) and (7) and 11.20 (3) and (4), the candidate or other individual or committee may be required to forfeit not more than $500 per day for each day of continued violation.

SB104,44,21 (3t) Notwithstanding sub. (1), if any candidate or other individual or committee, including a conduit, accepts or transfers one or more contributions, makes one or more disbursements, or incurs one or more obligations to make disbursements for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (d), (e), or (f) or for a purpose specified in s. 11.01 (16) (a) 3. in an amount or value that differs from the amount reported by that individual or committee under s. 11.12 (6) (b), (c), or (e) or (7) or 11.20 (3) or (4):

SB104,44,24 (a) By more than 5% but not more than 10% cumulatively, the candidate or other individual or committee shall forfeit 4 times the amount or value of the difference.

SB104,45,3 (b) By more than 10% but not more than 15% cumulatively, the candidate or other individual or committee shall forfeit 6 times the amount or value of the difference.

SB104,45,5 (c) By more than 15% cumulatively, the candidate or other individual or committee shall forfeit 8 times the amount of the difference.

SB104, s. 94 Section 94 . 11.61 (1) (a) of the statutes is amended to read:

SB104,45,10 11.61 (1) (a) Whoever Except as provided in par. (d), whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

SB104, s. 95 Section 95 . 11.61 (1) (b) of the statutes is amended to read:

SB104,45,16 11.61 (1) (b) Whoever Except as provided in par. (d), whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where the intentional violation does not involve a specific figure, or where the intentional violation concerns a figure which exceeds $100 in amount or value may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

SB104, s. 96 Section 96. 11.61 (1) (c) of the statutes is amended to read:

SB104,45,22 11.61 (1) (c) Whoever Except as provided in par. (d), whoever intentionally violates any provision of this chapter other than those provided in par. (a) and whoever intentionally violates any provision under par. (b) where the intentional violation concerns a specific figure which does not exceed $100 in amount or value may be fined not more than $1,000 or imprisoned not more than 6 months or both.

SB104, s. 97 Section 97 . 11.61 (1) (d) of the statutes is created to read:

SB104,46,8 11.61 (1) (d) Whoever, with intent to conceal or deceive, accepts or transfers a contribution, makes a disbursement, or incurs an obligation to make a disbursement for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (d), (e), or (f) or for a purpose specified in s. 11.01 (16) (a) 3. without first registering under s. 11.05 (1), (2), or (2g), to the extent required under s. 11.05 (1), (2), and (2g), or without reporting the information required under s. 11.12 (6) (b), (c), or (e) or (7) or 11.20 (3) or (4) with respect to that contribution, disbursement, or obligation, to the extent required under ss. 11.12 (6) (b), (c), and (e) and (7) and 11.20 (3) and (4), may be fined not more than $10,000 or imprisoned for not more than 5 years, or both.

SB104, s. 98 Section 98. 11.62 of the statutes is created to read:

SB104,46,16 11.62 Nullification of election. (1) If one or more violations that are punishable under s. 11.60 (3t) (c) are of sufficient severity to have affected the result of an election, the board or the district attorney for any county where such a violation occurs, or any candidate who is adversely affected by the result of the election, may commence a civil action to obtain a judgment nullifying the election, vacating the office filled at the election, and ordering a special election to be held to fill the office vacated by the judgment.

SB104,47,6 (2) Notwithstanding s. 5.05 (1) (c), if a candidate is a party to an action commenced under this section, the action may not be compromised or settled without consent of the candidate. If an action under this section is commenced by the board or a district attorney and any unsuccessful candidate whose name appeared on the ballot at the election is not a party to the action, the board or district attorney shall provide at least 30 days' written notice to each such candidate of any intent of the board or district attorney to compromise and settle the action. Notwithstanding s. 5.05 (1) (c), during the 30-day period following service of notice, the board or district attorney shall not compromise and settle the action, and any candidate upon whom notice is served may intervene in the action. If any such candidate intervenes in the action within the 30-day period following service of notice, the board or district attorney shall not compromise or settle the action. If no nonconsenting candidate who is adversely affected by the result of the election is a party to the action and no such candidate intervenes in the action within the 30-day period following service of notice, the party commencing the action may compromise and settle the action.