AB392: Bill Text

AB392,45,2 11.20 (10) (a) Where a requirement is imposed under this section for the filing of a financial report which is to be received by the appropriate filing officer no later than a certain date, the requirement may be satisfied either by actual receipt of the report by the prescribed time for filing at the office of the filing officer, or by filing a report with the U.S. postal service by 1st class mail with sufficient prepaid postage, addressed to the appropriate filing officer, no later than the 3rd day before the date provided by law for receipt of such report.

AB392, s. 75 Section 75. 11.20 (12) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,45,9 11.20 (12) If a candidate is unopposed in a primary or election, the obligation to file the reports required by this chapter does not cease. Except as provided in ss. 11.06 (2m) and 11.19 (2), a registrant who makes or receives no contributions, makes no disbursements or incurs no obligations shall so report on the dates designated in subs. (2) and (4).

AB392, s. 76 Section 76. 11.21 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,45,24 11.21 (2) Furnish to each registrant prescribed forms for the making of reports and statements. Forms shall be sent by 1st class mail not earlier than 21 days and not later than 14 days prior to the applicable filing deadline under s. 11.20, and addressed to the attention of the treasurer or other person indicated on the registration statement. Forms need not be sent to a registrant who has made an indication that aggregate contributions, disbursements, and obligations will not exceed the amount specified under s. 11.06 (2m) or to a registrant who has been granted a suspension under s. 11.19 (2). Forms for reports shall not be sent by the board to a registrant if the registrant is required to file reports with the board in an electronic format. Whenever any notice of filing requirements under this chapter is sent to a candidate's campaign treasurer, the board shall also send a notice to the candidate if he or she has appointed a separate treasurer. Failure to receive any form or notice does not exempt a registrant from compliance with this chapter.

AB392, s. 77 Section 77. 11.21 (15) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,46,8 11.21 (15) Inform each candidate who files an application to become eligible to receive a grant from the Wisconsin election campaign fund of the dollar amount of the applicable disbursement limitation under s. 11.31 (1) or (1m), adjusted as provided under s. 11.31 (9), which applies to the office for which such person is a candidate. Failure to receive the notice required by this subsection does not constitute a defense to a violation of s. 11.27 (1) or 11.31.

AB392, s. 78 Section 78. 11.21 (16) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,47,19 11.21 (16) Require each registrant for whom the board serves as filing officer and who or which accepts contributions in a total amount or value of $20,000 or more during a campaign period to file each campaign finance report that is required to be filed under this chapter in an electronic format, and accept from any other registrant for whom the board serves as a filing officer any campaign finance report that is required to be filed under this chapter in an electronic format. A registrant who or which becomes subject to a requirement to file reports in an electronic format under this subsection shall initially file the registrant's report in an electronic format for the period which includes the date on which the registrant becomes subject to the requirement or, if the registrant is required to report transactions within 24 hours of their occurrence, within 24 hours after the date on which the registrant becomes subject to the requirement. To facilitate implementation of this subsection, the board shall specify, by rule, a type of software that is suitable for compliance with the electronic filing requirement under this subsection. The board shall provide copies of the software to registrants at a price fixed by the board that may not exceed cost. Each registrant who or which files a report under this subsection in an electronic format shall also file a copy of the report with the board that is recorded on a medium specified by the board. The copy shall be signed by an authorized individual and filed with the board by each registrant no later than the time prescribed for filing of the report under this chapter. If a registrant is a committee, the copy shall be certified by an authorized individual and filed with the board by the registrant no later than 24 hours after the occurrence of any transaction that is reportable under s. 11.06 (1). If a registrant or other person becomes subject to a requirement to report electronically under this subsection, the registrant or other person shall continue to report electronically regardless of the amount of contributions accepted or expenditures made by the registrant or other person, until a termination report is filed. The board shall provide complete instructions to any registrant who or which files a report under this subsection. In this subsection, the "campaign period" of a candidate, personal campaign committee or support committee begins and ends with the "campaign" of the candidate whose candidacy is supported, as defined in s. 11.26 (17), and the "campaign period" of any other registrant begins on January 1 of each odd-numbered year and ends on December 31 of the following year. Section 990.001 (4) does not apply to the computation of time permitted for compliance with the filing requirements under this subsection.

AB392, s. 79 Section 79. 11.21 (17) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB392, s. 80 Section 80. 11.22 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,48,10 11.22 (3) Furnish to each registrant prescribed forms for the making of reports and statements. Forms shall be sent by 1st class mail not earlier than 21 days and not later than 14 days prior to the applicable filing deadline under s. 11.20 and addressed to the attention of the treasurer or other person indicated on the registration statement. Forms need not be sent to a registrant who has made an indication that aggregate contributions, disbursements and obligations will not exceed the amount specified under s. 11.06 (2m) or to a registrant who has been granted a suspension under s. 11.19 (2). Whenever any notice of the filing requirements under this chapter is sent to a candidate's campaign treasurer, the filing officer shall also send a notice to the candidate if he or she has appointed a separate treasurer. Failure to receive any form or notice does not exempt a registrant from compliance with this chapter.

AB392, s. 81 Section 81. 11.23 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,48,25 11.23 (1) Any group or individual may promote or oppose a particular vote at any referendum in this state. Before making disbursements, receiving contributions, or incurring obligations in excess of $100 in the aggregate in a calendar year for such purposes, the group or individual shall file a registration statement under s. 11.05 (1) or (2). In the case of a group the name and mailing address of each of its officers shall be given in the statement. Every group and every individual under this section shall designate a campaign depository account under s. 11.14. Every group shall appoint a treasurer, who may delegate authority but is jointly responsible for the actions of his or her authorized designee for purposes of civil liability under this chapter. The appropriate filing officer shall be notified by a group of any change in its treasurer within 10 days of the change under s. 11.05 (5). The treasurer of a group shall certify the correctness of each statement or report submitted by it under this chapter.

AB392, s. 82 Section 82. 11.23 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,49,7 11.23 (2) Any anonymous contribution exceeding $10 received by an individual or group treasurer may not be used or expended. The contribution shall be donated to the common school fund or to any charitable organization or transferred to the board for deposit in the Wisconsin election campaign fund, at the option of the treasurer.

AB392, s. 83 Section 83. 11.24 (1w) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,49,12 11.24 (1w) No candidate or personal campaign committee of a candidate who applies for a grant under s. 11.50 may accept any contribution from a committee other than a political party committee.

AB392, s. 84 Section 84. 11.24 (2) of the statutes is renumbered 11.24 (5).

AB392, s. 85 Section 85. 11.24 (4) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,49,21 11.24 (4) (a) No person may make a contribution to an incumbent partisan state elective official or to the personal campaign committee or support committee authorized under s. 11.05 (3) (p) of that official for the purpose of promoting that official's nomination or reelection to the office held by the official during the period beginning on the first Monday of January in each odd-numbered year and ending on the date of enactment of the biennial budget act.

AB392,50,2 (b) Notwithstanding par. (a), a person may make a contribution to an incumbent partisan state elective official against whom a recall petition has been filed during the period beginning on the date that the petition offered for filing is filed under s. 9.10 (3) (b) and ending on the date of the recall election unless the official resigns at an earlier date under s. 9.10 (3) (c).

AB392, s. 86 Section 86. 11.26 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,50,9 11.26 (1) (intro.) No individual, except an individual serving as a conduit, may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

AB392, s. 87 Section 87. 11.26 (1m) and (1t) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

AB392, s. 88 Section 88. 11.26 (2) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,50,19 11.26 (2) (intro.) No committee, other than a political party committee, and no individual or committee serving as a conduit, may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

AB392, s. 89 Section 89. 11.26 (2) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,50,22 11.26 (2) (a) Candidates for governor, $45,000.

AB392, s. 90 Section 90. 11.26 (2) (ad) of the statutes is created to read:

AB392,50,24 11.26 (2) (ad) Candidates for lieutenant governor, $15,000.

AB392, s. 91 Section 91. 11.26 (2) (ae) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB392, s. 92 Section 92. 11.26 (2) (am) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,51,5 11.26 (2) (am) Candidates for attorney general, $25,000.

AB392, s. 93 Section 93. 11.26 (2) (as) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB392, s. 94 Section 94. 11.26 (2) (au) of the statutes is created to read:

AB392,51,10 11.26 (2) (au) Candidates for secretary of state, state treasurer, state superintendent, or justice, $10,000.

AB392, s. 95 Section 95. 11.26 (2) (av) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB392, s. 96 Section 96. 11.26 (2m) and (2t) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

AB392, s. 97 Section 97. 11.26 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,51,21 11.26 (3) The contribution limitations of subs. (1) and (2) apply cumulatively to the entire primary and election campaign in which a candidate participates, whether or not there is a contested primary election. The total limitation may be apportioned in any manner desired between the primary and election. All moneys cumulate regardless of the time of contribution.

AB392, s. 98 Section 98. 11.26 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,52,3 11.26 (4) Except as provided in sub. (10), no individual, except an individual serving as a conduit, may make any contribution or contributions to all candidates for state and local offices and to any individuals who or committees which are subject to a registration requirement under s. 11.05, including committees of a political party, to the extent of more than a total of $10,000 in any calendar year.

AB392, s. 99 Section 99. 11.26 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,52,12 11.26 (5) The contribution limits provided in subs. (1) and (4) do not apply to a candidate who makes any contribution or contributions to his or her own campaign for office from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, with respect to any contribution or contributions made to that candidate's campaign only. A candidate's personal contributions shall be deposited in his or her campaign depository account and reported in the normal manner.

AB392, s. 100 Section 100. 11.26 (6) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,52,21 11.26 (6) When a candidate adopts a preexisting support committee as his or her personal campaign committee, the support committee is deemed to have been the same committee as the candidate's personal campaign committee for purposes of the application of subs. (1), (2), and (9). The limitations prescribed in subs. (2) and (9) do not apply to the transfer of contributions which is made at the time of such adoption, but do apply to the contributions which have been made by any other committee to the support committee at the time of adoption.

AB392, s. 101 Section 101. 11.26 (8) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,53,3 11.26 (8) (a) No political party, as defined in s. 5.02 (13), may receive more than a total of $450,000 in value of its contributions in any biennium from all other committees, excluding transfers between party committees of the party. In this paragraph, a biennium commences with January 1 of each odd-numbered year and ends with December 31 of each even-numbered year.

AB392,53,6 (b) No such political party may receive more than a total of $18,000 in value of its contributions in any calendar year from any specific committee or its subunits or affiliates, excluding political party committees.

AB392,53,9 (c) No committee, other than a political party committee, may make any contribution or contributions, directly or indirectly, to a political party under s. 5.02 (13) in a calendar year exceeding a total value of $18,000.

AB392, s. 102 Section 102. 11.26 (8m) of the statutes is created to read:

AB392,53,13 11.26 (8m) (a) Except as provided in par. (b), no committee may make a contribution to any other committee except a political party, personal campaign, or support committee.

AB392,53,16 (b) Paragraph (a) does not apply to any contribution made by a committee that is affiliated with a labor organization to any other committee that is affiliated with the same labor organization.

AB392, s. 103 Section 103. 11.26 (8n) and (8r) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

AB392, s. 104 Section 104. 11.26 (9) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,53,23 11.26 (9) (a) No individual who is a candidate for state or local office may receive and accept more than the following amount during any primary and election campaign combined from political party committees:

AB392,53,24 1. For a candidate for the office of governor, $400,000.

AB392,53,25 2. For a candidate for the office of lieutenant governor, $100,000.

AB392,54,1 3. For a candidate for the office of attorney general, $100,000.

AB392,54,3 4. For a candidate for the office of secretary of state, state treasurer, justice, or state superintendent, $50,000.

AB392,54,4 5. For a candidate for the office of state senator, $24,000.

AB392,54,5 6. For a candidate for the office of representative to the assembly, $12,000.

AB392,54,9 7. For a candidate for any other state or local office, 20 percent of the value of the total disbursement level, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m), for the office for which he or she is a candidate.

AB392, s. 105 Section 105. 11.26 (9) (am) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB392, s. 106 Section 106. 11.26 (9) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,54,17 11.26 (9) (b) No individual who is a candidate for state or local office may receive and accept more than the following amount during any primary and election campaign combined from all committees other than political party committees subject to a filing requirement:

AB392,54,18 1. For a candidate for the office of governor, $485,190.

AB392,54,19 2. For a candidate for the office of lieutenant governor, $145,564.

AB392,54,20 3. For a candidate for the office of attorney general, $ 242,550.

AB392,54,22 4. For a candidate for the office of secretary of state, state treasurer, justice, or state superintendent, $97,031.

AB392,54,23 5. For a candidate for the office of state senator, $15,525.

AB392,54,24 6. For a candidate for the office of representative to the assembly, $7,763.

AB392,55,4 7. For a candidate for any other state or local office, 25 percent of the value of the total disbursement level, as determined under s. 11.31 (1) and as adjusted as provided under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m), for the office for which he or she is a candidate.

AB392, s. 107 Section 107. 11.26 (9) (c) of the statutes is repealed.

AB392, s. 108 Section 108. 11.26 (9m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB392, s. 109 Section 109. 11.26 (10) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,55,24 11.26 (10) No candidate for state office who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make contributions of more than 200 percent of the amounts specified in sub. (1) to the candidate's own campaign from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, unless the board determines that the candidate is not eligible to receive a grant. For purposes of this subsection, any contribution received by a candidate or his or her personal campaign committee from a committee which is registered with the federal elections commission as the authorized committee of the candidate under 2 USC 432 (e) shall be treated as a contribution made by the candidate to his or her own campaign. The contribution limit of sub. (4) applies to amounts contributed by such a candidate personally to the candidate's own campaign and to other campaigns, except that a candidate may exceed the limitation if authorized under this subsection to contribute more than the amount specified to the candidate's own campaign, up to the amount of the limitation.

AB392, s. 110 Section 110. 11.26 (10a) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB392, s. 111 Section 111. 11.26 (12m) of the statutes is repealed and recreated to read:

AB392,56,6 11.26 (12m) For purposes of subs. (1) and (4), a contribution of money received from a conduit identified in the manner prescribed in s. 11.06 (11) (a) shall be considered a contribution received from the original contributor.

AB392, s. 112 Section 112. 11.26 (15) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,56,13 11.26 (15) The fact that 2 or more committees, other than personal campaign committees, utilize common policies and practices concerning the endorsement of candidates or agree to make contributions only to such endorsed candidates does not affect the right of each committee independently to make contributions up to the amount specified under sub. (2).

AB392, s. 113 Section 113. 11.26 (17) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,56,18 11.26 (17) (a) For purposes of application of the limitations imposed in subs. (1), (2), (9), and (10), the "campaign" of a candidate begins and ends at the times specified in this subsection.

AB392, s. 114 Section 114. 11.265 of the statutes is repealed.

AB392, s. 115 Section 115. 11.31 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB392,57,2 11.31 (1) Schedule. (intro.) The following levels of disbursements are established with reference to the candidates listed below. The levels are subject to adjustment under subs. (1m) and (9). Except as provided in sub. (2), such levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.

AB392, s. 116 Section 116. 11.31 (1) (a) to (d) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed and recreated to read: