The bill similarly requires each special interest (political action) committee,
other than a conduit, that intends to receive any contribution, make any
disbursement, or incur any obligation to make a disbursement for the purpose of
advocating the election or defeat of a candidate for a major state office at the general
election or a special election independently of any candidate who is supported or
whose opponent is opposed to report to the elections board on the 63rd, 42nd, and 21st
day prior to that election, and in the case of a special election, on the 21st day prior
to that election, specifying the name of each candidate who is supported or whose
opponent is opposed and the total amount of contributions to be received,
disbursements to be made, and obligations to be incurred for that purpose during the
21-day period following the date on which the report is due to be filed. The bill
requires each special interest committee, other than a conduit, that intends to make
any contribution to a candidate for a major state office at the general election or a
special election to file similar reports with the elections board specifying the name
of each candidate or personal campaign committee to whom the committee intends
to make one or more contributions during the 21-day period following the date on
which the report is due to be filed.
The bill also requires conduits and special interest committees other than
conduits who or which are subject to these special reporting requirements to file
additional reports on the 39th and 18th days preceding each general election and the
18th day preceding each special election itemizing actual contributions transferred
and received, disbursements made, and obligations incurred during the 21-day
periods ending on the 42nd and 21st days preceding the election.
In addition, the bill provides that if a candidate for a major state office at the
general or a special election does not enter into an agreement to accept a public grant
in return for abiding by disbursement limitations and contribution restrictions, the
candidate must report to the elections board all information currently required to be
disclosed pertaining to any contributions received by the candidate no later than 24
hours following receipt of any contribution or contributions after that candidate
receives total contributions equal to more than the following amounts during his or
her campaign, or if the candidate 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 a primary
election in that campaign, during the period beginning after the date of that primary
election:

1. For candidates for the offices of governor and lieutenant governor jointly,
$330,000 from all political party committees or $1,670,000 from all contributors.
2. For a candidate for the office of attorney general, $65,000 from all political
party committees or $335,000 from all contributors.
3. For a candidate for the office of secretary of state or state treasurer, $33,000
from all political party committees or $167,000 from all contributors.
4. For a candidate for the office of justice or state superintendent, $167,000 from
all contributors.
5. For a candidate for the office of state senator, $20,000 from all political party
committees or $100,000 from all contributors.
6. For a candidate for the office of representative to the assembly, $10,000 from
all political party committees or $50,000 from all contributors.
Under the bill, these amounts are subject to a biennial cost-of-living
adjustment beginning in 2004, in accordance with a formula tied to the "consumer
price index" determined by the U.S. department of labor.
The bill also requires each candidate at the general election, and each
committee or individual making disbursements or incurring obligations in support
of or in opposition to a candidate at the general or a special election, to file an
additional report on the tenth day after the election.
Mass media activities
Currently, individuals who accept contributions, organizations that make or
accept contributions, and individuals who or organizations that incur obligations or
make disbursements for the purpose of influencing an election for state or local office
are generally required to register with the appropriate filing officer and to file
financial reports with that officer, regardless of whether they act in conjunction with
or independently of any candidate who is supported or opposed.
With certain exceptions, this bill imposes registration and reporting
requirements, in addition, upon any individual who and organization that, within
60 days of an election and by means of a newspaper, periodical, commercial billboard,
or radio or television station, makes a communication which includes a reference to
a candidate at that election, an office to be filled at that election, or a political party.
The bill, however, does not require registration and reporting if the communication
is made by a corporation, cooperative, or nonpolitical voluntary association and is
limited to the corporation's, cooperative's, or association's members, shareholders, or
subscribers.
Disbursement limitations
Under current law, disbursement (expenditure) levels are specified for
candidates for various state and local offices. These levels become a binding
limitation upon any candidate for state office who accepts a state grant from the
Wisconsin election campaign fund or who agrees to be bound by the limitation, unless
the candidate is opposed by a major opponent who could have qualified for a grant
but who declines to accept one and declines to file an affidavit of voluntary
compliance with disbursement and contribution limitations. Under current law, the
disbursement limitations apply to a candidate's entire primary and election
campaign combined. Additionally, the disbursement levels for candidates for the

offices of state senator and representative to the assembly are subdivided between
the primary and election campaign periods in such a way that only about 60% of the
total applicable disbursement level for either office may be allocated by a candidate
to either the primary or the election campaign period.
This bill:
1. Eliminates disbursement levels and limitations applicable to candidates for
state office, except the offices of court of appeals judge, circuit judge, and district
attorney, on or before the date of the primary election for those offices.
2. Revises the current disbursement levels applicable to candidates for the
offices shown in the following chart: - See PDF for table PDF
3. Provides that disbursement limitations do not apply until after the date of
a primary election for a candidate who has an opponent whose name appears on the
ballot as a candidate for the nomination of his or her party at the primary election.
4. Creates a biennial cost-of-living adjustment that causes the statutory
disbursement levels to be adjusted biennially, beginning in 2004, in accordance with
a formula tied to the "consumer price index" determined by the U.S. department of
labor.
5. Deletes current law that permits a candidate who does not accept a grant to
continue to bind an opponent to disbursement and contribution limitations by filing
an affidavit of voluntary compliance.
6. Deletes current law that makes disbursement limitations inapplicable to a
candidate who accepts a grant when the candidate has an opponent who could have
qualified for a grant but declines to accept one, and who declines to file an affidavit
of voluntary compliance with disbursement and self-contribution limitations.
However, the bill increases the disbursement limitation of the candidate who accepts
a grant by an amount equal to 1) the amount of any contributions that are received
by committees for the purpose of making independent disbursements to oppose that
candidate or to support that candidate's opponent; 2) the total amount of
contributions that conduits report they have transferred or intend to transfer to
opposing candidates; and 3) the total amount of contributions accepted by opposing
candidates above the level for which 24-hour reports are required (see below).

Treatment of legislative campaign committees
Currently, the adherents of any political party in either house of the legislature
may organize a "legislative campaign committee" to support the candidacy of
members of their party for legislative office. Committees other than legislative
campaign committees and political party committees are generally subject to a
limitation upon the contributions that they may make to candidates for legislative
office or to political parties. Legislative campaign committees are subject only to
overall limitations on the aggregate contributions that may be accepted by a
candidate from entities other than individuals.
This bill eliminates the special status of legislative campaign committees, thus
treating them in the same manner as other special interest committees for the
purpose of contribution limitations.
Contribution limitations
Current law changes limitations on the maximum amount of contributions that
may be given to and accepted by a candidate for state or local office from any single
individual or committee.
The bill changes the maximum amount that may be given by an individual to
a candidate for a major state office per campaign as follows: - See PDF for table PDF
Also under current law, a candidate who receives a grant may make
contributions to his or her own campaign in an amount or value not exceeding 200%
of the limitation applicable to other individuals making contributions to his or her
campaign. Current law also limits the total contributions that a candidate for state
or local office may accept from all political committees, including political party and
legislative campaign committees, and from the Wisconsin election campaign fund to
65% of the disbursement level specified for the office that the candidate seeks. The
total amount that a candidate may accept from the Wisconsin election campaign fund
and from committees other than political party and legislative campaign committees
is limited to 45% of that disbursement level.
This bill deletes the current aggregate limitations on contributions that may be
received from committees and instead imposes an aggregate contribution limitation
on the total amount or value of contributions that a candidate who accepts a grant
may accept from all committees, including political party committees, during the
entire campaign of the candidate, or if the candidate has an opponent for the
nomination of his or her party at a primary election, after the date of the primary
election, as follows:

1. For candidates for the offices of governor and lieutenant governor jointly,
$330,000.
2. For a candidate for the office of attorney general, $65,000.
3. For a candidate for the office of secretary of state, state treasurer, justice, or
state superintendent, $33,000.
4. For a candidate for the office of state senator, $20,000.
5. For a candidate for the office of representative to the assembly, $10,000.
The bill also imposes an aggregate contribution limitation on the total amount
or value of contributions that a candidate who accepts a grant may accept from all
individuals, including contributions by an individual to his or her own campaign,
during the entire campaign of the candidate, or if the candidate has an opponent for
the nomination of his or her party at a primary election, after the date of the primary
election, as follows:
1. For candidates for the offices of governor and lieutenant governor jointly,
$1,000,000.
2. For a candidate for the office of attorney general, $200,000.
3. For a candidate for the office of secretary of state, state treasurer, state
superintendent of public instruction, or justice of the supreme court, $100,000.
4. For a candidate for the office of state senator, $60,000.
5. For a candidate for the office of representative to the assembly, $30,000.
Under the bill, the limitation upon candidates who receive grants making
contributions to their own campaigns and the aggregate contribution limitations are
subject to a biennial cost-of-living adjustment, beginning in 2004, in accordance
with a formula tied to the "consumer price index" determined by the U.S. department
of labor.
Other contribution restrictions
This bill prohibits every candidate for a major state office (governor, lieutenant
governor, attorney general, secretary of state, state treasurer, superintendent of
public instruction, or justice of the supreme court) from accepting any contribution
during the period beginning on the tenth day preceding any election other than a
primary election and ending on the date of that election.
Wisconsin election campaign fund
I. Sources and uses of funds
Under current law, the Wisconsin election campaign fund is financed through
an individual income tax "checkoff." Every individual filing a state income tax return
who has a tax liability or is entitled to a tax refund may direct that $1 of general
purpose revenue be transferred to the fund. Individuals filing a joint return may
separately choose whether to direct that the $1 transfer be made. All moneys
transferred to the fund are placed in accounts for specified state offices, and
candidates for those offices at the general or a special election may qualify for grants
from the fund to be used for specified campaign expenses. No moneys in the fund may
be used for any other purpose. Grants at special elections are funded by reallocating
moneys set aside to provide grants to candidates at the general election, to the extent
that moneys are available.

This bill changes the name of the Wisconsin election campaign fund to the
"clean government fund." The bill deletes the checkoff procedure and provides,
instead, for the necessary revenue to be transferred to the fund from general purpose
revenue.
II. Grant eligibility
requirements and amounts
Under current law, public financing from the Wisconsin election campaign fund
is available to eligible candidates for the offices of state senator, representative to the
assembly, governor, lieutenant governor, attorney general, state treasurer, secretary
of state, justice of the supreme court, and superintendent of public instruction. To
receive a grant, a candidate must file an application with the state elections board
no later than the deadline for filing nomination papers. Following the primary
election or the date on which a primary would be held, if required, the board
determines whether a candidate who applies for a grant meets the following
eligibility requirements:
1. If the candidate seeks a partisan state office at a general election, the
candidate must have received at least 6% of the total votes cast in the primary and
won the primary. If the candidate seeks a partisan state office at a special election,
the candidate must either: a) appear on the ballot or in the column of a political party
whose candidate for the same office at the preceding general election received at least
6% of the vote; or b) receive at least 6% of the votes cast at the special election.
2. The candidate must have an opponent in the election.
3. The candidate must receive, during a specified time period, a specified
amount through contributions from individuals of $100 or less. The contributions
may be received by the candidate directly from individuals or may be transferred to
the candidate by a conduit. For a candidate for the office of governor, lieutenant
governor, secretary of state, state treasurer, attorney general, justice of the supreme
court, or superintendent of public instruction, the amount is 5% of the authorized
disbursement level for the office that the candidate seeks. For a candidate for the
office of state senator or representative to the assembly, the amount is 10% of the
authorized disbursement level for the office that the candidate seeks.
Under current law, a candidate for any office who accepts a grant must comply
with statutorily prescribed contribution and disbursement limitations, unless one or
more of the candidate's opponents who receive at least 6% of the votes cast for all
candidates for that office at a partisan primary, if a primary was held, do not accept
a grant and do not voluntarily comply with the contribution and disbursement
limitations for that office. The maximum grant that a candidate may receive is the
amount that, 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 authorized disbursement level for the office that the candidate
seeks, if there are sufficient moneys in the Wisconsin election campaign fund to
finance the full amount of grants for which candidates qualify.
This bill requires a candidate for any office who desires to qualify for a grant
from the clean government fund to receive contributions from individuals, other than

contributions transferred by conduits, in amounts of $100 or less in the following
total amounts:
1. For candidates for the offices of governor and lieutenant governor jointly,
$80,400.
2. For a candidate for the office of attorney general, $16,200.
3. For a candidate for the office of secretary of state, state treasurer, justice of
the supreme court, or state superintendent of public instruction, $8,040.
4. For a candidate for the office of state senator, $5,000.
5. For a candidate for the office of representative to the assembly, $2,500.
The bill also requires that the contributions must be received from individuals
who are residents of this state and, in the case of a candidate for legislative office,
the contributions must be received from individuals who reside in the district in
which the candidate seeks office.
In addition, the bill requires a candidate who seeks a grant to agree not to accept
any contributions from special interest committees.
The bill revises grant amounts to the following, irrespective of contributions
received from other sources:
1. For candidates for the office of governor and lieutenant governor jointly,
$670,000.
2. For a candidate for the office of attorney general, $135,000.
3. For a candidate for the office of secretary of state, state treasurer,
superintendent of public instruction, or justice of the supreme court, $67,000.
4. For a candidate for the office of state senator, $40,000.
5. For a candidate for the office of representative to the assembly, $20,000.
In addition to these amounts, the bill provides that a candidate who accepts a
grant shall receive an additional grant in an amount equal to 1) the amount of any
contributions that are received by special interest committees for the purpose of
making independent disbursements to oppose that candidate or to support that
candidate's opponent and the total amount of contributions that those committees
report that they intend to make to oppose that candidate or to support that
candidate's opponent; 2) the total amount of contributions that conduits report they
have transferred or intend to transfer to opposing candidates; and 3) the total
amount of contributions accepted by opposing candidates above the level for which
24-hour reports are required.
Under the bill, qualifying amounts and grant amounts are subject to a biennial
cost-of-living adjustment, beginning in 2004, in accordance with a formula tied to
the "consumer price index" determined by the U.S. department of labor.
Penalties for violations
Currently, violators of the campaign finance law are subject to a forfeiture (civil
penalty) of not more than $500 for each violation, except that violators of
contribution limitations are subject to a forfeiture of not more than treble the amount
unlawfully contributed. In addition, currently, any person who is delinquent in filing
a report is subject to a forfeiture of not more than $50 or one percent of the annual
salary of the office for which a candidate is being supported or opposed, whichever
is greater, for each day of delinquency. Currently, any person who makes an unlawful

contribution is subject to a forfeiture of treble the amount of the unlawful
contribution.
Currently, whoever intentionally violates certain provisions of the campaign
finance law, such as registration requirements, contribution limitations, the
prohibition against making contributions in the name of another person, the
prohibition against using contributions for most nonpolitical purposes, and the
prohibition against filing false reports and statements may be fined not more than
$1,000 or imprisoned for not more than six months, or both, if the violation does not
exceed $100 in amount or value, and may be fined not more than $10,000 or
imprisoned for not more than four years and six months, or both, if the violation
exceeds $100 in amount or value.
This bill provides that 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 a major state office (governor, lieutenant governor, attorney
general, secretary of state, state treasurer, state superintendent of public
instruction, or justice of the supreme court) or for the purpose of making certain
communications by means of communications media (see above) without first
registering and reporting to the extent required under the bill, the offender is subject
to a forfeiture (civil penalty) of not more than $500 for each day of violation. The bill
also provides that if any of these individuals or committees accepts or transfers one
or more contributions, makes one or more disbursements, or incurs one or more
obligations to make disbursements for such a purpose in an amount that is more or
less than the amount reported by that individual or committee:
l. By more than 5% but not more than 10%, the individual or committee must
forfeit four times the amount of the difference.
2. By more than 10% but not more than 15%, the individual or committee must
forfeit six times the amount of the difference.
3. By more than 15%, the individual or committee must forfeit eight times the
amount of the difference.
The bill also provides that if the amount of contributions accepted or
transferred, disbursements made, or obligations incurred differs from the amount
reported by at least 15%, and the violations are of sufficient severity to have affected
the result of the election, the elections board, the district attorney for any county
where a violation occurs, or any candidate who is adversely affected by the result of
the election in connection with which the violation occurred may file suit to have the
election nullified and to have a new election ordered for the affected office.
In addition, the bill imposes a new penalty upon any person who, 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 a major state office or for the purpose of making certain
communications by means of communications media (see above) without registering
or reporting to the extent required under the bill, consisting of a fine of not more than
$10,000 or imprisonment for not more than five years, or both (equivalent to a class
E felony).

Nonseverability
Currently, if any part of an act is found by a court to be invalid, those parts that
are valid are severed from the invalid part, and the severed parts continue in force.
This bill provides that if any part of the act resulting from enactment of the bill is
found by a court to be invalid, then all parts of the act are void.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB104, s. 1 1Section 1. 5.02 (13) of the statutes is amended to read:
SB104,11,72 5.02 (13) "Political party" or "party" means a state committee registered under
3s. 11.05 organized exclusively for political purposes under whose name candidates
4appear on a ballot at any election, and all county, congressional, legislative, local and
5other affiliated committees authorized to operate under the same name. For
6purposes of ch. 11, the term does not include a legislative campaign committee or a
7committee filing an oath under s. 11.06 (7).
SB104, s. 2 8Section 2. 5.02 (18) of the statutes is amended to read:
SB104,11,129 5.02 (18) "September primary" means the primary held the 2nd Tuesday in
10September to nominate candidates to be voted for at the general election, and to
11determine which candidates for state offices other than district attorney may
12participate in the Wisconsin election campaign clean government fund.
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