LRB-0659/1
JTK:kjf:rs
2005 - 2006 LEGISLATURE
April 4, 2005 - Introduced by Representatives Schneider and Lehman. Referred
to Committee on Campaigns and Elections.
AB289,1,6
1An Act to amend 11.26 (1) (intro.), 11.26 (4) and 11.26 (9) (a);
to repeal and
2recreate 11.24 (4), 11.26 (1) (intro.), 11.26 (4) and 11.26 (9) (a) (intro.);
to create
311.06 (1) (em) and 11.262 of the statutes; and
to affect 2001 Wisconsin Act 109,
4section
9115 (2y) (b);
relating to: restriction of political contributions to certain
5elective state officials and committees and exemption of certain candidates
6from certain contribution limitations.
Analysis by the Legislative Reference Bureau
Under current statutes, no person may make a contribution to an incumbent
partisan elective state official or his or her personal campaign or authorized support
committee for the purpose of promoting his or her nomination or reelection to the
office held by the official during the period from the first Monday in January of each
odd-numbered year through the date of enactment of the biennial budget act. The
prohibition does not apply to an incumbent against whom a recall petition is filed.
This statute was enacted as part of
2001 Wisconsin Act 109. In
Wisconsin Realtors
Association v. Ponto et al., 233 F. Supp.2d 1078 (W.D. Wis., 2002), the U.S. District
Court precluded enforcement of this law.
This bill prohibits any person from making a contribution to an incumbent
partisan elective state official, or candidate for partisan elective state office, or to an
official's or candidate's personal campaign committee or authorized support
committee, for the purpose of promoting the official's or candidate's nomination,
election, or reelection to office during the period beginning on the day after the
general election in which the office is filled and ending on May 31 of the year
preceding the year in which the term of office expires. The prohibition does not apply
to an incumbent official against whom a recall petition is filed or to a candidate in
a recall election, nor to that official's or candidate's personal campaign or support
committee. The bill also prohibits an official, candidate, or committee from accepting
a contribution that is prohibited by the bill.
Currently, contributions by individuals to a candidate for state or local office are
subject to limitations in specified amounts for each office. Also, the total amount or
value of contributions that an individual may make to all candidates for state or local
office in a calendar year is limited to $10,000. In addition, a candidate for state or
local office may not accept more than a specified amount from all committees,
including political party committees. This bill provides that a candidate who is
opposed by another candidate who spends more than a specified amount from
personal funds may accept additional contributions from individuals and political
party committees that are not subject to these limitations under certain conditions,
up to a specified amount. The specified amount depends in part upon the amount
of personal funds expended and that amount is modified to reflect preexisting
balances in a campaign treasury before the year in which an election is held and any
personal funds expended by the candidate who utilizes the authority to accept
additional contributions under the bill. The bill provides that any additional
contributions that are accepted must be returned to the contributors or donated to
a charitable organization or the common school fund if not expended or obligated on
or before the date of an election. The bill also precludes any candidate from repaying
personal loans that the candidate makes to his or her campaign from certain
contributions after the date of an election. In addition, the bill requires a candidate
who spends personal funds exceeding a specified level to file special reports with his
or her filing officer and with opposing candidates.
Violators are subject to a forfeiture (civil penalty) of treble the amount or value
of any unlawful contribution. Intentional violators are guilty of a misdemeanor and
may be fined not more than $1,000 or imprisoned for not more than six months or
both.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB289, s. 1
1Section
1. 11.06 (1) (em) of the statutes is created to read:
AB289,3,3
111.06
(1) (em) A separate statement of all contributions returned to the
2contributor or donated to a charitable organization or the common school fund under
3s. 11.262 (6).
AB289,3,66
11.24
(4) (a) In this subsection:
AB289,3,87
1. "Authorized support committee" means a support committee authorized by
8an individual under s. 11.05 (3) (p).
AB289,3,109
2. "Partisan elective state official" means an individual who holds a partisan
10state office.
AB289,3,1711
(b) Except as provided in par. (d), no person may make a contribution to a
12partisan elective state official or candidate for a partisan state office or to the
13personal campaign committee or authorized support committee of such an official or
14candidate for the purpose of promoting that official's or candidate's nomination,
15election, or reelection to office during the period beginning on the day after the
16general election in which the office is filled and ending on May 31 of the year
17preceding the year in which the term of office expires.
AB289,3,2018
(c) No partisan elective state official or candidate for a partisan state office, and
19no personal campaign committee or authorized support committee of such an official
20or candidate, may accept a contribution that is prohibited under par. (b).
AB289,4,221
(d) A person may make a contribution to an official against whom a recall
22petition has been filed or a candidate in a recall election or to the personal campaign
23committee or authorized support committee of that official or candidate during the
24period beginning on the date on which the petition offered for filing is filed under s.
259.10 (3) (b) and ending on the date of the recall election unless, in the case of a
1partisan elective state official, the official resigns at an earlier date under s. 9.10 (3)
2(c).
AB289, s. 3
3Section
3. 11.26 (1) (intro.) of the statutes is amended to read:
AB289,4,84
11.26
(1) (intro.)
No Except as provided in s. 11.262, no individual may make
5any contribution or contributions to a candidate for election or nomination to any of
6the following offices and to any individual or committee under s. 11.06 (7) acting
7solely in support of such a candidate or solely in opposition to the candidate's
8opponent to the extent of more than a total of the amounts specified per candidate:
AB289,4,1611
11.26
(1) (intro.) Subject to sub. (10a) and except as provided under subs. (1m),
12(1t), (9m), and (10) and s. 11.262, no individual may make any contribution or
13contributions to a candidate for election or nomination to any of the following offices
14and to any individual or committee under s. 11.06 (7) acting solely in support of such
15a candidate or solely in opposition to the candidate's opponent to the extent of more
16than a total of the amounts specified per candidate:
AB289, s. 5
17Section
5. 11.26 (4) of the statutes is amended to read:
AB289,4,2218
11.26
(4) No Except as provided in s. 11.262, no individual may make any
19contribution or contributions to all candidates for state and local offices and to any
20individuals who or committees which are subject to a registration requirement under
21s. 11.05, including legislative campaign committees and committees of a political
22party, to the extent of more than a total of $10,000 in any calendar year.
AB289,5,5
111.26
(4) Subject to sub. (10a) and except as provided in s. 11.262, no individual
2may make any contribution or contributions to all candidates for state and local
3offices and to any individuals who or committees which are subject to a registration
4requirement under s. 11.05, including committees of a political party, to the extent
5of more than a total of $10,000 in any calendar year.
AB289,5,138
11.26
(9) (a) (intro.) Except as provided under sub. (9m) and s. 11.262, no
9individual who is a candidate for state or local office may receive and accept more
10than 65% of the value of the total disbursement level determined under s. 11.31 (1),
11adjusted as provided under s. 11.31 (9), for the office for which he or she is a candidate
12during any primary and election campaign combined from all committees subject to
13a filing requirement, including political party committees, except as follows:
AB289, s. 8
14Section
8. 11.26 (9) (a) of the statutes is amended to read:
AB289,5,2015
11.26
(9) (a)
No Except as provided in s. 11.262, no individual who is a candidate
16for state or local office may receive and accept more than 65% of the value of the total
17disbursement level determined under s. 11.31 for the office for which he or she is a
18candidate during any primary and election campaign combined from all committees
19subject to a filing requirement, including political party and legislative campaign
20committees.
AB289, s. 9
21Section
9. 11.262 of the statutes is created to read:
AB289,5,23
2211.262 Increased limitations in response to the use of personal funds. 23(1) In this section:
AB289,5,2524
(a) "Authorized support committee" means a support committee authorized by
25an individual under s. 11.05 (3) (p).
AB289,6,1
1(b) "Campaign" has the meaning given in s. 11.26 (17).
AB289,6,22
(c) "Disbursement from personal funds" means any of the following:
AB289,6,33
1. A disbursement made by a candidate using personal funds.
AB289,6,64
2. A contribution made by a candidate using personal funds, or a loan to the
5candidate or his or her personal campaign or authorized support committee that is
6secured using personal funds.
AB289,6,167
(d) "Gross receipts advantage" means any amount by which the aggregate
8amount of 50 percent of the gross receipts of a candidate and his or her personal
9campaign and authorized support committee, if any, during a campaign, excluding
10contributions from personal funds, that may be disbursed in connection with the
11campaign, determined at the end of June 30 and January 31 of the year preceding
12the year of the election at which the candidate seeks office, exceeds the aggregate
13amount of 50 percent of the gross receipts of any opposing candidate and his or her
14personal campaign and authorized support committee, if any, that may be disbursed
15in connection with the campaign, determined at the end of June 30 and January 31
16of the year preceding the year of the election at which the candidate seeks office.
AB289,6,1917
(e) "Opposing candidate" means a candidate whose name is certified under s.
187.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at the same election as another
19candidate.
AB289,6,2420
(f) "Opposition personal funds amount" means an amount equal to any amount
21by which the greatest aggregate amount of disbursements made by an opposing
22candidate exceeds the aggregate amount of disbursements from personal funds
23made by a candidate in a campaign, plus the gross receipts advantage against that
24candidate in that campaign.
AB289,6,2525
(g) "Personal funds" means any of the following:
AB289,7,3
11. Any asset that, at the time that an individual becomes a candidate, the
2individual has a legal right of access to or control over and with respect to which the
3candidate had legal and rightful title or an equitable interest.
AB289,7,44
2. Income received during the current campaign of the candidate.
AB289,7,85
3. A portion of each asset that is jointly owned by a candidate and his or her
6spouse equal to the candidate's share of the asset under the instrument or
7conveyance of ownership, but if no share is specified, the value of 50 percent of the
8asset.
AB289,7,109
(h) "Threshold amount" means the disbursement level specified under s. 11.31
10(1) for the office that a candidate seeks.
AB289,7,13
11(2) Subject to sub. (4), if the opposition personal funds amount with respect to
12a candidate in a campaign exceeds the threshold amount, the limitation provided in
13sub. (3) applies in lieu of the limitation under s. 11.26 (1).
AB289,7,18
14(3) If this section applies to a candidate, the limitation under s. 11.26 (4) does
15not apply with respect to any contribution made to the candidate or the candidate's
16personal campaign or authorized support committee if the contribution is made
17during a period in which the candidate may accept the contribution. In addition, if
18the opposition personal funds amount is more than:
AB289,7,2019
(a) Two times the threshold amount but not more than 4 times the threshold
20amount, the limitations under s. 11.26 (1) are multiplied by 3.
AB289,7,2221
(b) Four times the threshold amount but not more than 10 times the threshold
22amount, the limitations under s. 11.26 (1) are multiplied by 6.