AB825, s. 63
1Section 63. 11.31 (9) of the statutes, as created by 2001 Wisconsin Act 109, is
2repealed and recreated to read:
AB825,23,63 11.31 (9) Adjustment of disbursement levels. (a) In this subsection,
4"consumer price index" means the average of the consumer price index over each
512-month period, all items, U.S. city average, as determined by the bureau of labor
6statistics of the U.S. department of labor.
AB825,23,217 (b) The dollar amounts of the levels specified in sub. (1) are subject to a biennial
8adjustment to be determined by rule of the board in accordance with this paragraph.
9To determine the adjustment, the board shall, in each year that the adjustment is
10made, calculate the percentage difference between the consumer price index for the
1112-month period ending on December 31 of the preceding year and the consumer
12price index for calendar year 2005. For each biennium, the board shall multiply the
13amount of each level specified under sub. (1) by the percentage difference in the
14consumer price indexes. The board shall then add that product to the applicable level
15under sub. (1), round each sum to the nearest multiple of $5, and adjust the amount
16of each level to substitute the resulting amount. The amount so determined shall
17then be in effect until a subsequent rule is promulgated under this paragraph.
18Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this
19paragraph may be promulgated as an emergency rule under s. 227.24 without
20providing evidence that the emergency rule is necessary for the public peace, health,
21safety, or welfare and without a finding of emergency.
AB825, s. 64 22Section 64. 11.31 (10) of the statutes is amended to read:
AB825,24,223 11.31 (10) Surplus materials excluded. Disbursements constituting surplus
24materials acquired in connection with a previous campaign of a candidate are not

1subject to limitation by included in the levels specified in this section, if the materials
2were previously reported as a disbursement by that candidate.
AB825, s. 65 3Section 65. 11.38 (6) of the statutes, as affected by 2001 Wisconsin Act 109,
4is repealed and recreated to read:
AB825,24,85 11.38 (6) Any individual or campaign treasurer who receives funds in violation
6of this section shall promptly return such funds to the contributor, or donate the
7funds to the common school fund or a charitable organization, at the individual's or
8treasurer's option.
AB825, s. 66 9Section 66. 11.50 of the statutes, as affected by 2001 Wisconsin Act 109, is
10repealed.
AB825, s. 67 11Section 67. 11.51 of the statutes is created to read:
AB825,24,16 1211.51 Clean elections fund grants. (1) Any candidate for a state office other
13than the office of court of appeals judge, circuit judge, or district attorney whose
14name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at an
15election may qualify to receive a grant from the clean elections fund by fulfilling the
16requirements of this section.
AB825,24,24 17(2) (a) In order to qualify to receive a grant from the clean elections fund, a
18candidate shall obtain and deposit with the state treasurer the number of qualifying
19contributions specified in this subsection, in the amount of $5 each, each of which
20shall be received from an elector of this state and, in the case of a candidate for
21legislative office, an elector of the district in which the candidate seeks office. The
22name and address of each elector making a qualifying contribution shall be identified
23in a report filed with the board as provided in s. 11.06 (1) (a). The number of required
24qualifying contributions for a candidate for each office is:
AB825,24,2525 1. Governor, 3,000.
AB825,25,1
12. Lieutenant governor, 750.
AB825,25,22 3. Attorney general, 1,050.
AB825,25,33 4. State treasurer, 375.
AB825,25,44 5. Secretary of state, 375.
AB825,25,55 6. State superintendent, 375.
AB825,25,66 7. Justice, 450.
AB825,25,77 8. State senator, 150.
AB825,25,88 9. Representative to the assembly, 100.
AB825,25,139 (b) In addition to the requirements imposed under par. (a), a candidate does not
10qualify to receive a grant for a general or partisan special election unless the
11candidate receives at least one percent of the total vote cast for all candidates on all
12ballots for the same office at the September primary, or at a special primary if a
13special primary is held.
AB825,25,21 14(3) Prior to notification that a candidate has qualified to receive a grant from
15the clean elections fund under sub. (7), a candidate may accept seed money
16contributions from individuals. The total seed money contributions accepted by a
17candidate from one contributor, including any seed money contributions made by a
18candidate to his or her own campaign, may not exceed $100. The total seed money
19contributions accepted by a candidate during the candidate's campaign, as defined
20in s. 11.26 (17), may not exceed, in the aggregate, the following amount for the office
21sought by candidate:
AB825,25,2222 (a) Governor, $50,000.
AB825,25,2323 (b) Lieutenant governor, $12,500.
AB825,25,2424 (c) Attorney general, $17,500.
AB825,25,2525 (d) State treasurer, $6,250.
AB825,26,1
1(e) Secretary of state, $6,250.
AB825,26,22 (f) State superintendent, $6,250.
AB825,26,33 (g) Justice, $7,500.
AB825,26,44 (h) State senator, $2,500.
AB825,26,55 (i) Representative to the assembly, $1,500.
AB825,26,7 6(4) A contributor who makes a qualifying contribution may also make a seed
7money contribution in the full amount authorized under sub. (3).
AB825,26,12 8(5) A candidate shall remit to the state treasurer all seed money contributions
9received by the candidate that are unencumbered on the day the candidate receives
10notification of qualification for a grant under sub. (7). The state treasurer shall
11deposit all seed money contributions received under this subsection in the clean
12elections fund.
AB825,26,15 13(6) No candidate who accepts a grant from the clean elections fund shall not
14accept any seed money contribution under sub. (3) after receiving notification of
15qualification for a grant under sub. (7).
AB825,27,2 16(7) In order to qualify to receive a grant from the clean elections fund, a
17candidate shall file an application with the board, no later than a time specified by
18the board by rule, in which the candidate shall affirm that he or she has not accepted
19and agrees not to accept a contribution from any source other than a contribution
20required under sub. (2), a contribution authorized under sub. (3), and the candidate's
21grant from the clean elections fund during the campaign of the candidate, as defined
22in s. 11.31 (7). If the candidate desires to receive grant payments by electronic
23transfer, the candidate shall include in his or her application sufficient information
24and authorization for the state treasurer to transfer payments to his or her campaign

1depository account. The board shall notify each candidate who qualifies to receive
2a grant from the clean elections fund as promptly as possible following qualification.
AB825,27,7 3(8) (a) The board shall distribute primary election grants from the clean
4elections fund to each candidate who qualifies to receive a grant under this section
5as soon as possible preceding the date that the primary election is held for the office
6which the candidate seeks or the date on which the primary election would be held
7if a primary election were required to be held.
AB825,27,128 (b) The board shall distribute grants for the spring, general, and any special
9election from the clean elections fund to each candidate who qualifies to receive a
10grant under this section as soon as possible after the date of the primary election for
11the office sought by the candidate, or the date on which the primary election would
12be held if a primary election were required to be held.
AB825,27,15 13(9) A candidate who receives a grant from the clean elections fund shall file
14with the board reports of all disbursements made in the manner provided under s.
1511.06 (1) (g), without regard to the amounts thereof.
AB825,27,20 16(10) (a) Except as provided in par. (b) and subs. (11) to (13), a candidate who
17qualifies to receive a grant from the clean elections fund under this section shall
18receive a grant in the following amount for the office sought by the candidate and for
19the election specified, less the aggregate amount of contributions accepted by the
20candidate under sub. (3): - See PDF for table PDF
AB825,28,141 (b) If a candidate does not have an opponent who has qualified to have his or
2her name appear on the ballot at the election for which a grant is to be applied, the
3candidate shall receive a grant for a primary election equal to the average total
4disbursements made per candidate in primary election campaign periods, as
5determined by the board from reports filed by or on behalf of those candidates in
6accordance with s. 11.31 (5), for the office that the candidate seeks during the 4-year
7period preceding the date of the primary election, or a grant for a spring, general, or
8special election equal to the average total disbursements made per candidate in
9general and special election campaign periods, as determined by the board from
10reports filed by or on behalf of those candidates in accordance with s. 11.31 (5), for
11the office that the candidate seeks during the 4-year period preceding the date of the
12spring, general, or special election, except that a candidate for the office of governor
13shall receive a grant of $100,000 for a primary election and a grant of $200,000 for
14a general election.
AB825,28,17 15(11) (a) In this subsection, "consumer price index" means the average of the
16consumer price index over each 12-month period, all items, U.S. city average, as
17determined by the bureau of labor statistics of the U.S. department of labor.
AB825,29,17
1(b) The dollar amounts of the grants specified in sub. (10) (a) and the grants
2specified for the office of governor in sub. (10) (b) are subject to a biennial
3cost-of-living adjustment to be determined by rule of the board in accordance with
4this paragraph. To determine the adjustment, the board shall, as soon as possible
5after the end of each odd-numbered year, calculate the percentage difference
6between the consumer price index for the 12-month period ending on December 31
7of the preceding year and the consumer price index for calendar year 2005. For each
8biennium, the board shall multiply the amount of each grant specified in sub. (10)
9by the percentage difference in the consumer price indexes. The board shall then add
10that product to the applicable grant amount under sub. (10), round each sum to the
11nearest multiple of $5, and adjust the amount of each grant to substitute the
12resulting amount. The amount so determined shall then be in effect until a
13subsequent rule is promulgated under this paragraph. Notwithstanding s. 227.24
14(1) (a), (2) (b), and (3), determinations under this paragraph may be promulgated as
15an emergency rule under s. 227.24 without providing evidence that the emergency
16rule is necessary for the public peace, health, safety, or welfare, and without a finding
17of emergency.
AB825,30,2 18(12) If any independent expenditure is made or any obligation to make an
19independent expenditure is incurred by any person in opposition to a candidate who
20receives a grant from the clean elections fund or in support of an opponent of such
21a candidate whose name is certified to appear on the same ballot, then the candidate
22who receives a grant shall receive an additional grant in the total amount of the
23obligations incurred and the independent expenditures made that were not
24previously reported as obligations, as reported to the appropriate filing officer under
25s. 11.12 (6) (b), but not to exceed, in combination with any additional grant payable

1to that candidate under sub. (13), 2.5 times the amount payable to the candidate
2under sub. (10), as adjusted under sub. (11).
AB825,30,16 3(13) If a candidate who receives a grant from the clean elections fund is opposed
4on a primary or election ballot by another candidate who does not receive a grant or
5by another candidate who the board determines has violated his or her agreement
6under sub. (7), the candidate who receives a grant shall receive an additional grant
7in the amount by which the disbursements made by the other candidate exceed the
8amount of the grant payable for the office sought by the candidate in that election
9under sub. (10), as adjusted under sub. (11), but not to exceed, in combination with
10any additional grant payable to that candidate under sub. (12), 2.5 times the amount
11payable to the candidate under sub. (10), as adjusted under sub. (11). If a candidate
12who receives a grant from the clean elections fund is opposed on a primary or election
13ballot by more than one candidate who does not receive a grant or who the board
14determines has violated his or her agreement under sub. (7), the amount of the grant
15payable under this subsection is the largest amount that would be payable by reason
16of any candidate's opposition.
AB825,30,22 17(14) If a candidate who makes an agreement under sub. (7) does not adhere to
18the agreement, the candidate shall forfeit an amount equivalent to any grant from
19the clean elections fund that is provided to the candidate and the candidate may be
20fined not more than 3 times the amount of any contributions received by the
21candidate in his or her campaign, as defined in s. 11.26 (17), exclusive of the amount
22of any grant or any contributions deposited under sub. (2) or received under sub. (3).
AB825,31,4 23(15) No later than the first day of the first month beginning at least 15 days
24after an election at which a candidate receives a grant from the clean elections fund,
25the candidate shall return to the state treasurer any amount of the grant remaining

1in the candidate's campaign depository account, except that a candidate who receives
2a grant at a primary election need not return any amount under this subsection if
3the candidate qualifies to receive a grant at the succeeding spring, general, or special
4election.
AB825,31,5 5(16) The board may promulgate rules required to implement this section.
AB825, s. 68 6Section 68. 14.58 (20) of the statutes is amended to read:
AB825,31,97 14.58 (20) Election campaign Clean elections fund. Make disbursements to
8each candidate certified under s. 7.08 (2) (c) or (cm) by the elections board as eligible
9to receive moneys a grant from the Wisconsin election campaign clean elections fund.
AB825, s. 69 10Section 69. 20.510 (1) (q) of the statutes, as affected by 2001 Wisconsin Act
11109
, is repealed and recreated to read:
AB825,31,1312 20.510 (1) (q) Clean elections fund grants. From the clean elections fund, a sum
13sufficient to make the grants to candidates required under s. 11.51.
AB825, s. 70 14Section 70. 20.855 (4) (b) of the statutes is repealed.
AB825, s. 71 15Section 71. 20.855 (4) (ba) of the statutes is created to read:
AB825,31,1816 20.855 (4) (ba) Clean elections fund supplement. A sum sufficient equal to the
17amounts required to make the grants to candidates required under s. 11.51, to be
18transferred to the clean elections fund.
AB825, s. 72 19Section 72. 25.17 (1) (aw) of the statutes is created to read:
AB825,31,2020 25.17 (1) (aw) Clean elections fund (s. 25.42);
AB825, s. 73 21Section 73. 25.17 (1) (ys) of the statutes is repealed.
AB825, s. 74 22Section 74. 25.42 of the statutes, as affected by 2001 Wisconsin Act 109, is
23repealed and recreated to read:
AB825,32,2 2425.42 Clean elections fund. All moneys deposited with the state treasurer
25under s. 11.51 (2) and (5) or returned to the state treasurer under s. 11.51 (15) and

1all moneys transferred to the clean elections fund under s. 20.855 (4) (ba) constitute
2the clean elections fund.
AB825, s. 75 3Section 75. 71.10 (3) of the statutes, as affected by 2001 Wisconsin Act 109,
4is repealed.
AB825, s. 76 5Section 76. 2001 Wisconsin Act 109, section 9115 (2y) (b), as last affected by
62003 Wisconsin Act 39, section 14, is amended to read:
AB825,33,147[2001 Wisconsin Act 109] Section 9115 (2y) (b) Notwithstanding section
8990.001 (11) of the statutes, if a court finds that any part of the repeal of sections
911.01 (12s), 11.05 (3) (o), and 11.265, 11.50 (3), and 11.50 (10) of the statutes, the
10renumbering of sections 11.05 (2r) (title), and 11.24 (2), and 11.50 (1) (a) 1. of the
11statutes, the renumbering and amendment of sections 11.05 (1), 11.05 (2), 11.05 (2r),
1211.12 (6), 11.26 (9) (a), 11.31 (2m), 11.50 (1) (a) 2., 11.50 (5), 11.50 (9), and 71.10 (3)
13(a) of the statutes, the amendment of sections 5.02 (13), 5.05 (2), 7.08 (2) (c), 7.08 (2)
14(cm),
8.30 (2), 8.35 (4) (a) 1. a. and b., 8.35 (4) (c) and (d), 11.05 (3) (c), 11.05 (5), 11.05
15(9) (b), 11.05 (12) (b), 11.05 (13), 11.06 (1) (intro.), 11.06 (1) (e), 11.06 (2), 11.06 (3) (b)
16(intro.), 11.06 (4) (b), 11.06 (5), 11.06 (7m) (a), 11.06 (7m) (b), 11.06 (7m) (c), 11.07 (1),
1711.07 (5), 11.09 (3), 11.10 (1), 11.12 (2), 11.12 (4), 11.12 (5), 11.14 (3), 11.16 (2), 11.16
18(5),
11.19 (title), 11.19 (1), 11.20 (1), 11.20 (2), 11.20 (3) (a) and (b), 11.20 (7), 11.20 (8)
19(intro.), 11.20 (8) (a), 11.20 (9), 11.20 (10) (a), 11.20 (12), 11.21 (2), 11.21 (15), 11.21
20(16), 11.22 (3), 11.23 (1), 11.23 (2), 11.26 (1) (intro.), 11.26 (2) (intro.), 11.26 (2) (a),
2111.26 (3), 11.26 (4), 11.26 (5), 11.26 (6), 11.26 (8), 11.26 (9) (b), 11.26 (10), 11.26 (15),
2211.26 (17) (a), 11.31 (1) (intro.), 11.31 (1) (a) to (d), 11.31 (1) (e) and (f), 11.31 (2), 11.31
23(2m) (title), 11.31 (3),
11.38 (1) (a) 2., 11.38 (6), 11.38 (8) (b), 11.50 (2) (a), 11.50 (2) (b)
243. and 4., 11.50 (2) (b) 5., 11.50 (2) (c), 11.50 (2) (f), 11.50 (2) (g), 11.50 (2) (h), 11.50
25(2) (i), 11.50 (6), 11.50 (7) (intro.), 11.50 (8), 11.50 (10m), 11.50 (11) (e),
11.60 (4), 11.61

1(1) (a) (by Section 2d), 20.510 (1) (q), 25.42, 71.08 (1) (intro.), and 71.10 (3) (b) of the
2statutes, the repeal and recreation of sections 11.05 (9) (title) and 11.50 (4) of the
3statutes, the creation of sections 11.001 (2m), 11.01 (4m), 11.01 (12w), (13) and (14),
411.01 (16) (a) 3., 11.05 (1) (b), 11.05 (2) (b), 11.05 (3) (m), 11.05 (3) (r), 11.06 (1) (cm)
5and
(dm), 11.06 (2m) (b) to (d), 11.06 (11) (bm), 11.12 (6) (am), 11.12 (6) (c) and (d),
611.12 (8) and (9), 11.20 (2s), 11.20 (2t), 11.20 (8) (am), 11.24 (1w), 11.24 (4), 11.26 (1m),
711.26 (1t),
11.26 (2) (ae), (am), (as) and (av), 11.26 (2m), 11.26 (2t), 11.26 (8n) (a), 11.26
8(8r), 11.26 (9) (a) 1. to 4., 11.26 (9) (am), 11.26 (9m), 11.26 (10a) (a), 11.31 (1) (de), 11.31
9(2m) (a), 11.31 (3p), 11.31 (9), 11.385, 11.50 (1) (a) 1. (intro.), 11.50 (1) (a) 2m., 11.50
10(1) (am), 11.50 (1) (bm) and (cm), 11.50 (2) (b) 6., 11.50 (2) (j), 11.50 (2m), 11.50 (2s),
1111.50 (2w), 11.50 (9) (b), 11.50 (14),
11.60 (3r), 71.07 (6s), 71.10 (3) (ac), 71.10 (3) (d),
1271.10 (4) (gw), and 806.04 (11m) of the statutes or Sections 9115 (2v), (2x), and (2y),
139132 (4v), 9215 (3v), 9244 (6v), 9315 (2v) and (2w), and 9344 (2v) of this act is
14unconstitutional, the treatment of those provisions by this act is void.
AB825, s. 77 15Section 77. Nonstatutory provisions.
AB825,34,216 (1) Notwithstanding section 990.001 (11) of the statutes, if a court finds that
17the renumbering and amendment of section 11.26 (9) (a) (by Section 41) of the
18statutes or the repeal and recreation of section 11.07 (5), 11.12 (2) or (6) (a) (by
19Section 23), 11.16 (2) or (5) (by Section 28 ), 11.19 (1), 11.23 (2), 11.26 (8n) (b), (10a)
20(b), or (17) (a) (by Section 51 ), or 11.38 (6) of the statutes, as affected by this act, or
21any part of the laws specified in 2001 Wisconsin Act 109, section 9115 (2y) (b), as
22affected by this act, is unconstitutional, the renumbering and amendment of section
2311.26 (9) (a) (by Section 41 ) of the statutes and the repeal and recreation of sections
2411.07 (5), 11.12 (2) and (6) (a) (by Section 23), 11.16 (2) and (5) (by Section 28 ), 11.19

1(1), 11.23 (2), 11.26 (8n) (b), (10a) (b), and (17) (a) (by Section 51), and 11.38 (6) of the
2statutes by this act are void.
AB825, s. 78 3Section 78. Initial applicability.
AB825,34,54 (1) The treatment of sections 11.31 (9) and 11.51 (11) of the statutes first applies
5to adjustments for the biennium beginning on January 1, 2008.
AB825,34,66 (End)
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