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.
SB104, s. 3 13Section 3. 7.08 (2) (c) and (cm) of the statutes are amended to read:
SB104,12,614 7.08 (2) (c) As soon as possible after the canvass of the spring and September
15primary votes, but no later than the first Tuesday in March and the 4th Tuesday in
16September, transmit to the state treasurer a certified list of all eligible candidates
17for state office who have filed applications under s. 11.50 (2) and whom who the board
18determines to be is eligible to receive payments from the Wisconsin election

1campaign
clean government fund. The board shall also transmit a similar list of
2candidates who the board determines is eligible to receive a grant under s. 11.50 (9)
3(b), (ba), (bb), or (bc) within 3 days after any candidate qualifies to receive such a
4grant. Each
list shall contain each candidate's name, the mailing address indicated
5upon the candidate's registration form, the office for which the individual is a
6candidate and the party or principle which he or she represents, if any.
SB104,12,187 (cm) As soon as possible after the canvass of a special primary, or the date that
8the primary would be held, if required, transmit to the state treasurer a certified list
9of all eligible candidates for state office who have filed applications under s. 11.50 (2)
10and whom who the board determines to be is eligible to receive a grant from the
11Wisconsin election campaign clean government fund prior to the election. The board
12shall also transmit a similar list of candidates, if any, who have filed applications
13under s. 11.50 (2) and whom who the board determines to be is eligible to receive a
14grant under s. 11.50 (1) (a) 2. after the special election. The or a grant under s. 11.50
15(9) (b), (ba), (bb), or (bc) within 3 days after any candidate qualifies to receive such
16a grant. Each
list shall contain each candidate's name, the mailing address indicated
17upon the candidate's registration form, the office for which the individual is a
18candidate and the party or principle which he or she represents, if any.
SB104, s. 4 19Section 4. 8.35 (4) (b) of the statutes is amended to read:
SB104,13,220 8.35 (4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys
21received by a candidate from the Wisconsin election campaign clean government
22fund shall be immediately transferred to any candidate who is appointed to replace
23such candidate, upon filing of a proper application therefor under s. 11.50 (2). If there
24is no candidate appointed or if no proper application is filed within 7 days of the date

1on which the vacancy occurs, such moneys shall revert to the state as provided in s.
211.50 (8).
SB104, s. 5 3Section 5. 10.02 (3) (b) 2m. of the statutes is amended to read:
SB104,13,134 10.02 (3) (b) 2m. At the September primary, the elector shall select the party
5ballot of his or her choice or the ballot containing the names of the independent
6candidates for state office, and make a cross [8] in the square at the right of or
7depress the lever or button next to the candidate's name for each office for whom the
8elector intends to vote or insert or write in the name of the elector's choice for a party
9candidate, if any. In order to qualify for participation in the Wisconsin election
10campaign
clean government fund, a candidate for state office at the September
11primary, other than a candidate for district attorney, must receive at least 6% of all
12votes cast on all ballots for the office for which he or she is a candidate, in addition
13to other requirements.
SB104, s. 6 14Section 6. 11.01 (5m) of the statutes is amended to read:
SB104,13,1915 11.01 (5m) "Conduit" means an individual who or an organization a committee
16which receives a contribution of money and transfers the contribution to another
17individual or organization committee without exercising discretion as to the amount
18which is transferred and the individual to whom or organization committee to which
19the transfer is made.
SB104, s. 7 20Section 7. 11.01 (12s) of the statutes is repealed.
SB104, s. 8 21Section 8. 11.01 (16) (a) 3. of the statutes is created to read:
SB104,14,322 11.01 (16) (a) 3. A communication that is made by means of one or more
23communications media, other than a communication that is exempt from reporting
24under s. 11.29, that is made during the period beginning on the 60th day preceding
25an election and ending on the date of that election and that includes a reference to

1a candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on
2the ballot at that election, a reference to an office to be filled at that election or a
3reference to a political party.
SB104, s. 9 4Section 9. 11.05 (3) (c) of the statutes is amended to read:
SB104,14,85 11.05 (3) (c) In the case of a committee, a statement as to whether the
6committee is a personal campaign committee, a political party committee, a
7legislative campaign committee,
a support committee or a special interest
8committee.
SB104, s. 10 9Section 10. 11.05 (3) (d) of the statutes is created to read:
SB104,14,1010 11.05 (3) (d) An indication of whether the proposed registrant is a conduit.
SB104, s. 11 11Section 11. 11.05 (3) (o) of the statutes is repealed.
SB104, s. 12 12Section 12. 11.05 (9) (b) of the statutes is amended to read:
SB104,14,1813 11.05 (9) (b) An individual who or a committee or group which receives a
14contribution of money and transfers the contribution to another individual,
15committee or group while acting as a conduit is not subject to registration under this
16section unless the individual, committee or group transfers the contribution to a
17candidate or a personal campaign, legislative campaign, political party or support
18committee.
SB104, s. 13 19Section 13. 11.06 (2) of the statutes is amended to read:
SB104,15,520 11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding
21sub. (1), if a disbursement is made or obligation incurred by an individual other than
22a candidate or by a committee or group which is not primarily organized for political
23purposes, and the disbursement does not constitute a contribution to any candidate
24or other individual, committee or group, the disbursement or obligation is required
25to be reported only if the purpose is to expressly advocate the election or defeat of a

1clearly identified candidate or the adoption or rejection of a referendum or if the
2disbursement is made or the obligation incurred to make a communication that is
3specified in s. 11.01 (16) (a) 3
. The exemption provided by this subsection shall in no
4case be construed to apply to a political party, legislative campaign, personal
5campaign or support committee.
SB104, s. 14 6Section 14. 11.06 (7m) (a) of the statutes is amended to read:
SB104,15,217 11.06 (7m) (a) If a committee which was registered under s. 11.05 as a political
8party committee or legislative campaign committee supporting candidates of a
9political party files an oath under sub. (7) affirming that it does not act in cooperation
10or consultation with any candidate who is nominated to appear on the party ballot
11of the party at a general or special election, that the committee does not act in concert
12with, or at the request or suggestion of, such a candidate, that the committee does
13not act in cooperation or consultation with such a candidate or agent or authorized
14committee of such a candidate who benefits from a disbursement made in opposition
15to another candidate, and that the committee does not act in concert with, or at the
16request or suggestion of, such a candidate or agent or authorized committee of such
17a candidate who benefits from a disbursement made in opposition to another
18candidate, the committee filing the oath may not make any contributions in support
19of any candidate of the party at the general or special election or in opposition to any
20such candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as
21authorized in par. (c).
SB104, s. 15 22Section 15. 11.06 (7m) (c) of the statutes is amended to read:
SB104,16,423 11.06 (7m) (c) A committee filing an oath under sub. (7) which desires to change
24its status to a political party committee or legislative campaign committee may do
25so as of December 31 of any even-numbered year. Section 11.26 does not apply to

1contributions received by such a committee prior to the date of the change. Such a
2committee may change its status at other times only by filing a termination
3statement under s. 11.19 (1) and reregistering as a newly organized committee under
4s. 11.05.
SB104, s. 16 5Section 16. 11.09 (3) of the statutes is amended to read:
SB104,16,146 11.09 (3) Each registrant whose filing officer is the board, who or which makes
7disbursements in connection with elections for offices which serve or referenda
8which affect only one county or portion thereof, except a candidate, personal
9campaign committee, political party committee or other committee making
10disbursements in support of or in opposition to a candidate for state senator,
11representative to the assembly, court of appeals judge or circuit judge, shall file a
12duplicate original of each financial report filed with the board with the county clerk
13or board of election commissioners of the county in which the elections in which the
14registrant participates are held. Such reports
SB104,16,17 15(3m) Each report under this section shall be filed no later than the applicable
16dates specified under s. 11.20 (2), (2e), (2m), (2s), (2t), and (4) for the filing of each
17the report with the board.
SB104, s. 17 18Section 17. 11.12 (5) of the statutes is amended to read:
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