SB62,43,73
(b) Notwithstanding par. (a), a person may make a contribution to an
4incumbent partisan state elective official against whom a recall petition has been
5filed during the period beginning on the date that the petition offered for filing is filed
6under s. 9.10 (3) (b) and ending on the date of the recall election unless the official
7resigns at an earlier date under s. 9.10 (3) (c).
SB62, s. 72
8Section
72. 11.26 (1) (a) to (c) of the statutes are amended to read:
SB62,43,109
11.26
(1) (a) Candidates for governor, lieutenant governor, secretary of state,
10state treasurer, attorney general, state superintendent or justice,
$10,000 $1,000.
SB62,43,1111
(b) Candidates for state senator,
$1,000 $500.
SB62,43,1212
(c) Candidates for representative to the assembly,
$500 $250.
SB62, s. 73
13Section
73. 11.26 (2) (a) of the statutes is amended to read:
SB62,43,1614
11.26
(2) (a) Candidates for governor, lieutenant governor, secretary of state,
15state treasurer, attorney general, state superintendent or justice,
4% of the value of
16the disbursement level specified in the schedule under s. 11.31 (1)
$45,000.
SB62, s. 74
17Section
74. 11.26 (4) of the statutes is amended to read:
SB62,43,2218
11.26
(4) No individual may make any contribution or contributions to all
19candidates for state and local offices and to any individuals who or committees which
20are subject to a registration requirement under s. 11.05, including
legislative
21campaign committees and committees of a political party, to the extent of more than
22a total of
$10,000 $5,000 in any calendar year.
SB62, s. 75
23Section
75. 11.26 (8) of the statutes is amended to read:
SB62,44,424
11.26
(8) (a) No political party as defined in s. 5.02 (13) may receive more than
25a total of
$150,000 $300,000 in value of its contributions in any biennium from all
1other committees, excluding
contributions from legislative campaign committees
2and transfers between party committees of the party. In this paragraph, a biennium
3commences with January 1 of each odd-numbered year and ends with December 31
4of each even-numbered year.
SB62,44,75
(b) No such political party may receive more than a total of
$6,000 $12,000 in
6value of its contributions in any calendar year from any specific committee or its
7subunits or affiliates, excluding
legislative campaign and political party committees.
SB62,44,118
(c) No committee, other than a political party
or legislative campaign 9committee, may make any contribution or contributions, directly or indirectly, to a
10political party under s. 5.02 (13) in a calendar year exceeding a total value of
$6,000 11$12,000.
SB62, s. 76
12Section
76. 11.26 (8m) of the statutes is created to read:
SB62,44,1513
11.26
(8m) (a) Except as provided in par. (b) and sub. (8n), no committee may
14make a contribution to any other committee except a political party, personal
15campaign, or support committee.
SB62,44,1816
(b) Paragraph (a) does not apply to any contribution made by a committee that
17is affiliated with a labor organization to any other committee that is affiliated with
18the same labor organization.
SB62, s. 77
19Section
77. 11.26 (8n) of the statutes is created to read:
SB62,44,2220
11.26
(8n) No personal campaign committee or support committee that is
21authorized under s. 11.05 (3) (p) may make a contribution to any other personal
22campaign or support committee that is authorized under s. 11.05 (3) (p).
SB62, s. 78
23Section
78. 11.26 (9) (a) and (b) of the statutes are amended to read:
SB62,45,1124
11.26
(9) (a)
No Except as authorized under this paragraph, no individual who
25is a candidate for state or local office may receive and accept more than 65% of the
1value of the total disbursement level
, as determined under s. 11.31
(1) and as
2adjusted as provided under s. 11.31 (9) but without respect to any adjustment under
3s. 11.31 (1m), for the office for which he or she is a candidate during any primary and
4election campaign combined from
the Wisconsin election campaign fund and all
5committees subject to a filing requirement, including political party
and legislative
6campaign committees.
A candidate for state office whose grant under s. 11.50
7exceeds the contribution limitation authorized by this paragraph may exceed the
8contribution limitation otherwise applicable to the extent required to accept the full
9amount of the grant received by the candidate under s. 11.50, but any contributions
10accepted by such a candidate from political party committees reduce the amount of
11the grant which the candidate may accept by an amount equal to such contributions.
SB62,45,1812
(b)
No Except as authorized under this paragraph, no individual who is a
13candidate for state or local office may receive and accept more than 45% of the value
14of the total disbursement level
, as determined under s. 11.31
(1) and as adjusted as
15provided under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m), 16for the office for which he or she is a candidate during any primary and election
17campaign combined from all committees other than political party
and legislative
18campaign committees subject to a filing requirement.
SB62, s. 79
19Section
79. 11.26 (9) (c) of the statutes is repealed.
SB62, s. 80
20Section
80. 11.26 (10) of the statutes is amended to read:
SB62,46,1121
11.26
(10) No candidate for state office who files a sworn statement and
22application to receive a grant from the Wisconsin election campaign fund may make
23contributions of more than
200% of the amounts specified in sub. (1) $1,000 to the
24candidate's own campaign from the candidate's personal funds or property or the
25personal funds or property which are owned jointly or as marital property with the
1candidate's spouse
, unless the board determines that the candidate is not eligible to
2receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h),
3or s. 11.50 (2) (i) applies. For purposes of this subsection, any contribution received
4by a candidate or his or her personal campaign committee from a committee which
5is registered with the federal elections commission as the authorized committee of
6the candidate under
2 USC 432 (e) shall be treated as a contribution made by the
7candidate to his or her own campaign. The contribution limit of sub. (4) applies to
8amounts contributed by such a candidate personally to the candidate's own
9campaign and to other campaigns
, except that a candidate may exceed the limitation
10if authorized under this subsection to contribute more than the amount specified to
11the candidate's own campaign, up to the amount of the limitation.
SB62, s. 81
12Section
81. 11.26 (12m) of the statutes is repealed.
SB62, s. 82
13Section
82. 11.265 of the statutes is repealed.
SB62, s. 83
14Section
83. 11.31 (1) (intro.) of the statutes is amended to read:
SB62,46,1915
11.31
(1) Schedule. (intro.) The following levels of disbursements are
16established with reference to the candidates listed below.
The levels are subject to
17adjustment under subs. (1m) and (9). Except as provided in sub. (2), such levels do
18not operate to restrict the total amount of disbursements which are made or
19authorized to be made by any candidate in any primary or other election.
SB62, s. 84
20Section
84. 11.31 (1) (a) to (d) of the statutes are amended to read:
SB62,46,2121
11.31
(1) (a) Candidates for governor,
$1,078,200 $2,000,000.
SB62,46,2222
(b) Candidates for lieutenant governor,
$323,475
$500,000.
SB62,46,2323
(c) Candidates for attorney general,
$539,000 $700,000.
SB62,46,2524
(d) Candidates for secretary of state, state treasurer
, justice or state
25superintendent,
$215,625 $250,000.
SB62, s. 85
1Section
85. 11.31 (1) (de) of the statutes is created to read:
SB62,47,22
11.31
(1) (de)
Candidates for justice, $300,000.
SB62, s. 86
3Section
86. 11.31 (1) (e) and (f) of the statutes are amended to read:
SB62,47,64
11.31
(1) (e) Candidates for state senator,
$34,500 $100,000 total in the primary
5and election, with disbursements not exceeding
$21,575
$60,000 for either the
6primary or the election.
SB62,47,97
(f) Candidates for representative to the assembly,
$17,250 $50,000 total in the
8primary and election, with disbursements not exceeding
$10,775 $30,000 for either
9the primary or the election.
SB62, s. 87
10Section
87. 11.31 (1m) of the statutes is created to read:
SB62,47,1611
11.31
(1m) Disbursement level for candidates in competitive primary
12elections. The total disbursement level for any candidate whose name appears on
13the ballot as a candidate for an office at a primary election and who receives less than
14twice as many votes at that election as another candidate for the same office is 120%
15of the amount specified in sub. (1) for the candidate who receives the greatest number
16of votes in the primary election, adjusted as provided in sub. (9).
SB62, s. 88
17Section
88. 11.31 (2) of the statutes is amended to read:
SB62,48,718
11.31
(2) Limitation imposed. No candidate for state office at a spring or general
19election who files a sworn statement and application to receive a grant from the
20Wisconsin election campaign fund may make or authorize total disbursements from
21the his or her campaign treasury in any campaign to the extent of more than the
22amount prescribed in sub. (1)
or (1m), whichever is applicable, adjusted as provided
23under sub. (9), unless the board determines that the candidate is not eligible to
24receive a grant
, the candidate withdraws his or her application under s. 11.50 (2) (h), 25or
s. 11.50 (2) (i) sub. (3p) applies. No candidate for state office at a special election
1who files a sworn statement and application to receive a grant from the Wisconsin
2election campaign fund may make or authorize total disbursements from
the his or
3her campaign treasury in any campaign to the extent of more than the amount
4prescribed under sub. (1)
, adjusted as provided under sub. (9), for the preceding
5spring or general election for the same office, unless the board determines that the
6candidate is not eligible to receive a grant
, the candidate withdraws his or her
7application under s. 11.50 (2) (h), or
s. 11.50 (2) (i) sub. (3p) applies.
SB62, s. 89
8Section
89. 11.31 (2m) of the statutes is repealed:
SB62, s. 90
9Section
90. 11.31 (3) of the statutes is amended to read:
SB62,48,1510
11.31
(3) Gubernatorial campaigns. For purposes of compliance with the
11limitations imposed under sub. (2), candidates for governor and lieutenant governor
12of the same political party who both accept grants from the Wisconsin election
13campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b)
,
14adjusted as provided under sub. (9), and reallocate the total level between them. The
15candidates shall each inform the board of any such agreement.
SB62, s. 91
16Section
91. 11.31 (3p) of the statutes is created to read:
SB62,48,2017
11.31
(3p) Candidates receiving additional grants; exception. If a candidate
18receives a grant under s. 11.50 (9) (b) or (ba), the disbursement limitation of that
19candidate for the campaign in which the grant is received is increased by the amount
20of that grant.
SB62, s. 92
21Section
92. 11.31 (9) of the statutes is created to read:
SB62,48,2522
11.31
(9) Adjustment of disbursement levels. (a) In this subsection,
23"consumer price index" means the average of the consumer price index over each
2412-month period, all items, U.S. city average, as determined by the bureau of labor
25statistics of the U.S. department of labor.
SB62,49,13
1(b) The dollar amounts of all disbursement limitations specified in sub. (1) shall
2be subject to a cost-of-living adjustment to be determined by rule of the board in
3accordance with this subsection. To determine the adjustment, the board shall
4calculate the percentage difference between the consumer price index for the
512-month period ending on December 31 of each odd-numbered year and the
6consumer price index for calendar year 2003. For each biennium, the board shall
7adjust the disbursement limitations specified under sub. (1) by that percentage to the
8extent required to reflect any difference, rounded to the nearest multiple of $25 in
9the case of amounts of $1 or more, which amount shall be in effect until a subsequent
10rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b),
11and (3), determinations under this subsection may be promulgated as an emergency
12rule under s. 227.24 without providing evidence that the emergency rule is necessary
13for the public peace, health, safety, or welfare, and without a finding of emergency.
SB62, s. 93
14Section
93. 11.38 (1) (a) 2. of the statutes is amended to read:
SB62,50,515
11.38
(1) (a) 2. Notwithstanding subd. 1., any such corporation or association
16may establish and administer a separate segregated fund and solicit contributions
17from individuals to the fund to be utilized by such corporation or association, for the
18purpose of supporting or opposing any candidate for state or local office but the
19corporation or association may not make any contribution to the fund. The fund shall
20appoint a treasurer and shall register as a political committee under s. 11.05. A
21parent corporation or association engaging solely in this activity is not subject to
22registration under s. 11.05, but shall register and file special reports on forms
23prescribed by the board disclosing its administrative and solicitation expenses on
24behalf of such fund. A corporation not domiciled in this state need report only its
25expenses for administration and solicitation of contributions in this state together
1with a statement indicating where information concerning other administration and
2solicitation expenses of its fund may be obtained. The reports shall be filed with the
3filing officer for the fund specified in s. 11.02 in the manner
provided under s. 11.21
4(16), if applicable, or otherwise in the manner in which continuing reports are filed
5under s. 11.20 (4) and (8).
SB62, s. 94
6Section
94. 11.38 (1) (a) 3. of the statutes is amended to read:
SB62,50,97
11.38
(1) (a) 3. No corporation or association specified in subd. 1. may expend
8more than a combined total of $500 annually for solicitation of contributions to a fund
9established under subd. 2.
or to a conduit.
SB62, s. 95
10Section
95. 11.38 (6) of the statutes is amended to read:
SB62,50,1511
11.38
(6) Any individual or campaign treasurer who receives funds in violation
12of this section shall promptly return such funds to the contributor
or, donate the
13funds to the common school fund or a charitable organization
or transfer the funds
14to the board for deposit in the Wisconsin election campaign fund, at the treasurer's
15option.
SB62, s. 96
16Section
96. 11.38 (8) (b) of the statutes is amended to read:
SB62,51,317
11.38
(8) (b) Except as authorized in s. 11.05 (12) (b) and (13), prior to making
18any disbursement on behalf of a political group which is promoting or opposing a
19particular vote at a referendum and prior to accepting any contribution or making
20any disbursement to promote or oppose a particular vote at a referendum, a
21corporation or association organized under ch. 185 shall register with the
22appropriate filing officer specified in s. 11.02 and appoint a treasurer. The
23registration form of the corporation or association under s. 11.05 shall designate an
24account separate from all other corporation or association accounts as a campaign
25depository account, through which all moneys received or expended for the adoption
1or rejection of the referendum shall pass. The corporation or association shall file
2periodic reports under s. 11.20
and under s. 11.21 (16), if applicable, providing the
3information required under s. 11.06 (1).
SB62, s. 97
4Section
97. 11.50 (1) (a) 1. (intro.) of the statutes is created to read:
SB62,51,65
11.50
(1) (a) 1. (intro.) For purposes of qualification for a grant from the general
6account:
SB62, s. 98
7Section
98. 11.50 (1) (a) 1. of the statutes is renumbered 11.50 (1) (a) 1. a. and
8amended to read:
SB62,51,179
11.50
(1) (a) 1. a. With respect to a spring or general election, any individual
10who is certified under s. 7.08 (2) (a) as a candidate in the spring election for justice
11or state superintendent, or
an any individual who receives at least
6% 2% of the vote
12cast for all candidates on all ballots for any state office, except district attorney, for
13which the individual is a candidate at the September primary and who is certified
14under s. 7.08 (2) (a) as a candidate for that office in the general election, or an
15individual who has been lawfully appointed and certified to replace either such
16individual on the ballot at the spring or general election; and who has qualified for
17a grant under sub. (2).
SB62, s. 99
18Section
99. 11.50 (1) (a) 2. of the statutes is renumbered 11.50 (1) (a) 1. b. and
19amended to read:
SB62,52,1420
11.50
(1) (a) 1. b. With respect to a special election, an individual who is certified
21under s. 8.50 (1) (d) as a candidate in a special election for state superintendent, or
22an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election
23for any state office, except district attorney, on the ballot or column of a party whose
24candidate for the same office at the preceding general election received at least
6% 252% of the vote cast for all candidates on all ballots for the office, or an individual who
1has been lawfully appointed and certified to replace either such individual on the
2ballot at a special election, or an individual who receives at least
6% 2% of the vote
3cast for all candidates on all ballots for any state office, except district attorney, at
4a partisan special election; and who qualifies for a grant under sub. (2). Where the
5boundaries of a district in which an individual seeks office have been changed since
6the preceding general election such that it is not possible to calculate the exact
7number of votes that are needed by that individual to qualify as an eligible candidate
8prior to an election
under this subdivision, the number of votes cast for all candidates
9for the office at the preceding general election in each ward, combination of wards
10or municipality which is wholly contained within the boundaries of the newly formed
11district shall be calculated. If the candidate of the political party on whose ballot or
12column the individual appears in the newly formed district obtained at least
6% 2% 13of the number of votes calculated, the individual is deemed to qualify as an eligible
14candidate prior to the election under this subdivision.
SB62, s. 100
15Section
100. 11.50 (1) (a) 2m. of the statutes is created to read:
SB62,52,2116
11.50
(1) (a) 2m. For purposes of qualification for a grant from a political party
17account, an individual who is certified under s. 7.08 (2) (a) in the general election or
18a special election as the candidate of an eligible political party for a state office, other
19than district attorney, or an individual who has been lawfully appointed and certified
20to replace such an individual on the ballot at the general or a special election and who
21has qualified for a grant under sub. (2).
SB62, s. 101
22Section
101. 11.50 (1) (am) of the statutes is created to read:
SB62,52,2323
11.50
(1) (am) "Eligible political party" means any of the following:
SB62,53,224
1. A party qualifying under s. 5.62 (1) (b) for a separate ballot or one or more
25separate columns or rows on a ballot for the period beginning on the date of the
1preceding general election and ending on the day before the general election that
2follows that election.
SB62,53,73
2. A party qualifying under s. 5.62 (2) for a separate ballot or one or more
4separate columns or rows on a ballot for the period beginning on the preceding June
51, or if that June 1 is in an odd-numbered year, the period beginning on June 1 of the
6preceding even-numbered year, and ending on May 31 of the 2nd year following that
7June 1.
SB62, s. 102
8Section
102. 11.50 (1) (bm) and (cm) of the statutes are created to read:
SB62,53,109
11.50
(1) (bm) "General account" means the account in the fund created under
10sub. (2w).
SB62,53,1211
(cm) "Political party account" means an account in the fund created under sub.
12(2s).
SB62, s. 103
13Section
103. 11.50 (2) (a) of the statutes is amended to read:
SB62,54,1014
11.50
(2) (a) Any individual who desires to qualify as an eligible candidate may
15file an application with the board requesting approval to participate in the fund. The
16application shall be filed no later than the applicable deadline for filing nomination
17papers 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.
18on the 7th day after the primary or date on which the primary would be held if
19required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day
20after appointment in the case of candidates appointed to fill vacancies. The
21application shall contain a sworn statement that the candidate and his or her
22authorized agents have complied with the contribution limitations prescribed in s.
2311.26 and the disbursement limitations
prescribed
imposed under s. 11.31
(2), as
24adjusted under s. 11.31 (9), at all times to which such limitations have applied to his
25or her candidacy and will continue to comply with the limitations at all times to
1which the limitations apply to his or her candidacy for the office in contest, unless
2the board determines that the candidate is not eligible to receive a grant
, the
3candidate withdraws his or her application under par. (h), or
par. (i) sub. (3p) applies.
4The application shall also contain a sworn statement that the candidate and his or
5her agents have not accepted any contribution made by a committee other than a
6political party committee during the campaign, or, if any such contribution has been
7accepted, that the contribution has been returned or donated as provided in par. (j),
8and the candidate and his or her agents will not accept any such contribution during
9the campaign, unless the candidate is determined by the board to be ineligible to
10receive a grant after the date of that determination.
SB62, s. 104
11Section
104. 11.50 (2) (b) 5. of the statutes is amended to read:
SB62,55,1212
11.50
(2) (b) 5. The financial reports filed by or on behalf of the candidate as
13of the date of the spring or September primary, or the date that the special primary
14is or would be held, if required, indicate that the candidate has received
an amount
15equal to at least
the amount provided in this subdivision 5% of the applicable
16authorized disbursement limitation, as determined under s. 11.31 (1) and adjusted
17under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m), from
18contributions of money, other than loans, made by individuals
who reside in this
19state and, in the case of a candidate for legislative office, by individuals at least 50%
20of whom reside in a county having territory within the legislative district in which
21the candidate seeks office, which
contributions have been received during the period
22ending on the date of the spring primary and July 1 preceding such date in the case
23of candidates at the spring election, or the date of the September primary and
24January 1 preceding such date in the case of candidates at the general election, or
25the date that a special primary will or would be held, if required, and 90 days
1preceding such date or the date a special election is ordered, whichever is earlier, in
2the case of
special election candidates
at a special election, which contributions are
3in the aggregate amount of $100 or less, and which
contributions are fully identified
4and itemized as to the exact source thereof.
A contribution received from a conduit
5which is identified by the conduit as originating from an individual shall be
6considered a contribution made by the individual. Only the first $100 of an aggregate
7contribution of more than $100 may be counted toward the required percentage. For
8a candidate at the spring or general election for an office identified in s. 11.26 (1) (a)
9or a
candidate at a special election, the required amount to qualify for a grant is 5%
10of the candidate's authorized disbursement limitation under s. 11.31. For any other
11candidate at the general election, the required amount to qualify for a grant is 10%
12of the candidate's authorized disbursement limitation under s. 11.31.
SB62, s. 105
13Section
105. 11.50 (2) (c) of the statutes is amended to read:
SB62,56,214
11.50
(2) (c) If a candidate has not filed financial reports as of the date of the
15spring primary, September primary, special primary, or date that the special primary
16would be held, if required, which indicate that he or she has met the qualification
17under par. (b) 5., the candidate may file a special report with the board. Such report
18shall be filed not later than the 7th day after the primary, or 7th day after the date
19the primary would be held, if required, and shall include such supplementary
20information as to sources of contributions which may be necessary to complete the
21candidate's qualification. The special report shall cover the period from the day after
22the last date covered on the candidate's most recent report, or from the date on which
23the first contribution was received or the first disbursement was made, whichever
24is earlier, if the candidate has not previously filed a report, to the date of such report.
25All information included on the special report shall also be included in the
1candidate's next report under s. 11.20.
This paragraph does not apply to a candidate
2who files reports under s. 11.21 (16).
SB62, s. 106
3Section
106. 11.50 (2) (g) of the statutes is amended to read:
SB62,56,114
11.50
(2) (g) A candidate who voluntarily files an application to receive a grant
5in accordance with this subsection accepts and agrees to comply with the
6contribution limitations prescribed in s. 11.26 and the disbursement limitations
7imposed under s. 11.31
(2), as adjusted under s. 11.31 (9), as binding upon himself
8or herself and his or her agents during the campaign
of that candidate as defined in
9s. 11.31 (7), as a precondition to receipt of a grant under this section, unless the board
10determines that the candidate is not eligible to receive a grant
, the candidate
11withdraws the application under par. (h), or
par. (i) s. 11.31 (3p) applies.
SB62, s. 107
12Section
107. 11.50 (2) (h) of the statutes is repealed.
SB62, s. 108
13Section
108. 11.50 (2) (i) of the statutes is repealed.
SB62, s. 109
14Section
109. 11.50 (2) (j) of the statutes is created to read:
SB62,56,2415
11.50
(2) (j) If a candidate who desires to apply for a grant has accepted, or the
16candidate's personal campaign committee has accepted, a contribution from a
17committee other than a political party committee during the campaign for the office
18that the candidate seeks, the candidate shall, before filing an application to receive
19a grant, return the contribution or its monetary equivalent to the contributor, or, at
20the contributor's option, donate an amount equal to the contribution to the fund or
21to the common school fund. If the board later determines that the candidate is
22ineligible to receive a grant, the candidate may then accept contributions from
23committees other than political party committees after the date of that
24determination.
SB62, s. 110
25Section
110. 11.50 (2m) of the statutes is created to read:
SB62,57,5
111.50
(2m) Public Information. (a) Annually, no later than September 1, the
2board may notify the state treasurer that an amount not exceeding 5% of the amount
3transferred to the fund in that year shall be placed in a public information account.
4Moneys in this account shall be expended by the board for the purpose of providing
5public information concerning the purpose and effect of this section and s. 71.10 (3).
SB62,57,86
(b) As part of the public information program under par. (a), the board shall
7prepare an easily understood description of the purpose and effect of this section and
8s. 71.10 (3).
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(c) Any amount placed in the public information account that is not expended
10by the board in any year shall be retained in that account.