AB428,35,116
11.31
(3) Gubernatorial campaigns. For purposes of compliance with the
7limitations imposed under sub. (2), candidates for governor and lieutenant governor
8of the same political party who both accept grants from the Wisconsin election
9campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b)
10and reallocate the total level between them. The candidates shall each inform the
11board of any such agreement.
AB428,36,718
11.38
(1) (a) 2. Notwithstanding subd. 1., any such corporation or association
19may establish and administer a separate segregated fund and solicit contributions
20from individuals to the fund to be utilized by such corporation or association, for the
21purpose of supporting or opposing any candidate for state or local office but the
22corporation or association may not make any contribution to the fund. The fund shall
23appoint a treasurer and shall register as a political committee under s. 11.05. A
24parent corporation or association engaging solely in this activity is not subject to
25registration under s. 11.05, but shall register and file special reports on forms
1prescribed by the board disclosing its administrative and solicitation expenses on
2behalf of such fund. A corporation not domiciled in this state need report only its
3expenses for administration and solicitation of contributions in this state together
4with a statement indicating where information concerning other administration and
5solicitation expenses of its fund may be obtained. The reports shall be filed with the
6filing officer for the fund specified in s. 11.02 in the manner in which continuing
7reports are filed under s. 11.20 (4) and (8).
AB428,36,1210
11.38
(6) Any individual or campaign treasurer who receives funds in violation
11of this section shall promptly return such funds to the contributor or donate the funds
12to the common school fund or a charitable organization, at the treasurer's option.
AB428,36,2515
11.38
(8) (b) Except as authorized in s. 11.05 (12) (b) and (13), prior to making
16any disbursement on behalf of a political group which is promoting or opposing a
17particular vote at a referendum and prior to accepting any contribution or making
18any disbursement to promote or oppose a particular vote at a referendum, a
19corporation or association organized under ch. 185 shall register with the
20appropriate filing officer specified in s. 11.02 and appoint a treasurer. The
21registration form of the corporation or association under s. 11.05 shall designate an
22account separate from all other corporation or association accounts as a campaign
23depository account, through which all moneys received or expended for the adoption
24or rejection of the referendum shall pass. The corporation or association shall file
25periodic reports under s. 11.20 providing the information required under s. 11.06 (1).
AB428,38,511
11.50
(1) (a) 2. With respect to a special election, an individual who is certified
12under s. 8.50 (1) (d) as a candidate in a special election for state superintendent, or
13an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election
14for any state office, except district attorney, on the ballot or column of a party whose
15candidate for the same office at the preceding general election received at least 6
16percent of the vote cast for all candidates on all ballots for the office, or an individual
17who has been lawfully appointed and certified to replace either such individual on
18the ballot at a special election, or an individual who receives at least 6 percent of the
19vote cast for all candidates on all ballots for any state office, except district attorney,
20at a partisan special election; and who qualifies for a grant under sub. (2). Where
21the boundaries of a district in which an individual seeks office have been changed
22since the preceding general election such that it is not possible to calculate the exact
23number of votes that are needed by that individual to qualify as an eligible candidate
24prior to an election under this subdivision, the number of votes cast for all candidates
25for the office at the preceding general election in each ward, combination of wards
1or municipality which is wholly contained within the boundaries of the newly formed
2district shall be calculated. If the candidate of the political party on whose ballot or
3column the individual appears in the newly formed district obtained at least 6
4percent of the number of votes calculated, the individual is deemed to qualify as an
5eligible candidate prior to the election under this subdivision.
AB428,39,314
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 under s. 11.31 at all times to
24which such limitations have applied to his or her candidacy and will continue to
25comply with the limitations at all times to which the limitations apply to his or her
1candidacy for the office in contest, unless the board determines that the candidate
2is not eligible to receive a grant, the candidate withdraws his or her application
3under par. (h), or par. (i) applies.
AB428,39,76
11.50
(2) (b) 3. The candidate has an opponent who is certified for placement
7on the election ballot as a candidate for the same office;
AB428,39,1310
11.50
(2) (b) 4. The financial reports filed by or on behalf of the candidate as
11of the date of the spring or September primary, or the date that the special primary
12is or would be held, if required, indicate that his or her statement filed with the
13application under par. (a) is true; and
AB428,40,1116
11.50
(2) (b) 5. The financial reports filed by or on behalf of the candidate as
17of the date of the spring or September primary, or the date that the special primary
18is or would be held, if required, indicate that the candidate has received at least the
19amount provided in this subdivision, from contributions of money, other than loans,
20made by individuals, which have been received during the period ending on the date
21of the spring primary and July 1 preceding such date in the case of candidates at the
22spring election, or the date of the September primary and January 1 preceding such
23date in the case of candidates at the general election, or the date that a special
24primary will or would be held, if required, and 90 days preceding such date or the
25date a special election is ordered, whichever is earlier, in the case of special election
1candidates, which contributions are in the aggregate amount of $100 or less, and
2which are fully identified and itemized as to the exact source thereof. A contribution
3received from a conduit which is identified by the conduit as originating from an
4individual shall be considered a contribution made by the individual. Only the first
5$100 of an aggregate contribution of more than $100 may be counted toward the
6required percentage. For a candidate at the spring or general election for an office
7identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount
8to qualify for a grant is 5 percent of the candidate's authorized disbursement
9limitation under s. 11.31. For any other candidate at the general election, the
10required amount to qualify for a grant is 10 percent of the candidate's authorized
11disbursement limitation under s. 11.31.
AB428,41,316
11.50
(2) (c) If a candidate has not filed financial reports as of the date of the
17spring primary, September primary, special primary, or date that the special primary
18would be held, if required, which indicate that he or she has met the qualification
19under par. (b) 5., the candidate may file a special report with the board. Such report
20shall be filed not later than the 7th day after the primary, or 7th day after the date
21the primary would be held, if required, and shall include such supplementary
22information as to sources of contributions which may be necessary to complete the
23candidate's qualification. The special report shall cover the period from the day after
24the last date covered on the candidate's most recent report, or from the date on which
25the first contribution was received or the first disbursement was made, whichever
1is earlier, if the candidate has not previously filed a report, to the date of such report.
2All information included on the special report shall also be included in the
3candidate's next report under s. 11.20.
AB428,41,126
11.50
(2) (f) The board shall inform each candidate in writing of the approval
7or disapproval of the candidate's application, as promptly as possible after the date
8of the spring primary, September primary, special primary, or date that the primary
9would be held, if required. With respect to a candidate at a special election who
10applies for a postelection grant under sub. (1) (a) 2., the board shall inform the
11candidate in writing of the conditional approval or disapproval of the candidate's
12application at the same time.
AB428,41,2215
11.50
(2) (g) A candidate who voluntarily files an application to receive a grant
16in accordance with this subsection accepts and agrees to comply with the
17contribution limitations prescribed in s. 11.26 and the disbursement limitations
18imposed under s. 11.31 as binding upon himself or herself and his or her agents
19during the campaign as defined in s. 11.31 (7), as a precondition to receipt of a grant
20under this section, unless the board determines that the candidate is not eligible to
21receive a grant, the candidate withdraws the application under par. (h), or par. (i)
22applies.
AB428,42,7
111.50 (2) (h) An eligible candidate who files an application under par. (a) may
2file a written withdrawal of the application. A withdrawal of an application may be
3filed with the board no later than the 7th day after the day of the primary in which
4the person withdrawing the application is a candidate or the 7th day after the date
5that the primary would be held, if required. If an application is withdrawn in
6accordance with this paragraph, the person withdrawing the application is no longer
7bound by the statement filed under par. (a) after the date of the withdrawal.
AB428,42,2110
11.50
(2) (i) Notwithstanding par. (g), if an eligible candidate at the spring
11election or a special nonpartisan election who accepts a grant is opposed by one or
12more candidates in the election, or if an eligible candidate at the general election or
13a special partisan election who accepts a grant is opposed by one or more candidates
14in the election who receive at least 6 percent of the vote cast for all candidates for the
15same office on all ballots at the September primary or a special partisan primary if
16a primary was held, and in either case if any such opponent of the eligible candidate
17does not accept a grant under this section in whole or in part, the eligible candidate
18is not bound by the pledge made in his or her application to adhere to the contribution
19limitations prescribed in s. 11.26 and the disbursement limitation prescribed under
20s. 11.31, unless each such opponent files an affidavit of voluntary compliance under
21s. 11.31 (2m).
AB428, s. 126
3Section
126. 11.50 (3) of the statutes is created to read:
AB428,43,54
11.50
(3) Nonpartisan candidates. (a) Annually on August 15, all moneys
5appropriated to the fund shall be apportioned as follows by the state treasurer:
AB428,43,96
1. If an election for state superintendent is scheduled in the following year, 8
7percent of the fund shall be placed in a superintendency account. From this account,
8an equal amount shall be disbursed to the campaign depository account of each
9eligible candidate by the state treasurer.
AB428,43,1310
2. If an election for justice is scheduled in the following year, 8 percent of the
11fund shall be placed in a supreme court account. From this account, an equal amount
12shall be disbursed to the campaign depository account of each eligible candidate by
13the state treasurer.
AB428,43,1414
3. The balance shall be apportioned under sub. (4).
AB428,43,2115
(b) If a vacancy occurs in the office of state superintendent or justice after
16August 15 in any year and an election is scheduled to fill the vacancy at the spring
17election in the following year, the state treasurer shall transfer an amount not
18exceeding 8 percent of the moneys transferred to the fund on the preceding August
1915 to the account for the office in which the vacancy occurs, such moneys to be drawn
20from any account within the accounts created under sub. (4) in the amount or
21amounts specified by the board.
AB428,44,3
111.50
(4) Partisan and special election candidates. After apportionment
2under sub. (3), the remaining moneys shall constitute the partisan campaign
3account.
AB428,44,64
(a) In the partisan campaign account, 25 percent of the moneys shall be
5apportioned into an executive campaign account and 75 percent of the moneys shall
6be apportioned into a legislative and special election campaign account.
AB428,44,97
(b) The executive campaign account shall be divided into accounts for each
8executive office as provided in this paragraph. The apportionment of moneys in the
9executive campaign account shall be made as follows:
AB428,44,1110
1. Sixty-seven percent to be apportioned between all eligible candidates for
11governor.
AB428,44,1312
2. Eight percent to be apportioned between all eligible candidates for
13lieutenant governor.
AB428,44,1514
3. Seventeen percent to be apportioned between all eligible candidates for
15attorney general.
AB428,44,1716
4. Four percent to be apportioned between all eligible candidates for state
17treasurer.
AB428,44,1918
5. Four percent to be apportioned between all eligible candidates for secretary
19of state.
AB428,44,2420
(c) The legislative and special election campaign account shall be divided into
21a senate campaign account to receive 25 percent of the moneys, and an assembly
22campaign account to receive 75 percent of the moneys. Each account shall then be
23apportioned between all eligible candidates for the same office in the entire state.
24No apportionment shall be made by legislative district.
AB428,45,9
1(cm) Each eligible candidate for the same office at a special election shall
2receive an equal amount, which amount shall be equivalent to the maximum grant
3which was payable to any candidate for that office at the most recent spring or
4general election. The amount shall be drawn from the senate campaign account and
5the assembly campaign account in the same proportions as the balance in each
6account bears to the total balance in both accounts at the time that payments are
7made. Whenever there are insufficient moneys in the senate campaign account and
8the assembly campaign account to make the payments required by this paragraph,
9payments shall be appropriately reduced or discontinued by the board.
AB428,45,1210
(d) Within the accounts established under this subsection for each office at each
11general election, the entire amount of all available moneys shall be apportioned
12equally to all eligible candidates.
AB428,45,1915
11.50
(5) Time of disbursement. The state treasurer shall make the
16disbursements to the campaign depository account of each eligible candidate under
17subs. (3) and (4) by the end of the 3rd business day following notice from the board
18under s. 7.08 (2) (c) or (cm). Eligible candidates for governor and lieutenant governor
19of the same political party may combine accounts if desired.
AB428,45,2522
11.50
(6) Excess moneys. If the amounts which are to be apportioned to each
23eligible candidate under subs. (3) and (4) are more than the amount which a
24candidate may accept under sub. (9), or more than the amount which a candidate
25elects to accept under sub. (10), the excess moneys shall be retained in the fund.
AB428,46,53
11.50
(7) (intro.)
Utilization. Grants distributed under this section may be
4utilized only for deposit in a campaign depository account under s. 11.10. Grants may
5be expended only for one or more of the following:
AB428,46,158
11.50
(8) Lapsing grants. All grants disbursed under sub. (5) remain the
9property of the state until disbursed or encumbered for a lawful purpose. All grant
10moneys that are unspent and unencumbered by a candidate on the day after the
11election in which the candidate participates shall revert to the state. All deposits and
12refunds derived from grant moneys that are received by a candidate at any time after
13the day of the election in which the candidate participates shall revert to the state.
14All reversions shall be returned to the board by the candidate and shall be deposited
15in the fund.
AB428,47,218
11.50
(9) Limitation on grants. The total grant available to an eligible
19candidate may not exceed that amount which, when added to all other contributions
20accepted from sources other than individuals, political party committees and
21legislative campaign committees, is equal to 45 percent of the disbursement level
22specified for the applicable office under s. 11.31. The board shall scrutinize accounts
23and reports and records kept under this chapter to assure that applicable limitations
24under ss. 11.26 (9) and 11.31 are not exceeded and any violation is reported. No
1candidate or campaign treasurer may accept grants exceeding the amount
2authorized by this subsection.
AB428, s. 133
3Section
133. 11.50 (10) of the statutes is created to read:
AB428,47,64
11.50
(10) Voluntary limitation. Any eligible candidate may by written
5request limit his or her participation in the fund to a lesser amount than that
6authorized under sub. (9).
AB428,47,159
11.50
(10m) Return of grants. An individual who receives a grant prior to an
10election in which he or she is a candidate and who desires to return any portion of
11the grant shall return that portion no later than the 2nd Tuesday in October
12preceding a general election, the 4th Tuesday preceding a spring election or the 3rd
13Tuesday preceding a special election. A candidate who returns all or any portion of
14a grant under this subsection remains bound by the candidate's statement filed
15under sub. (2) (a).
AB428,47,2118
11.50
(11) (e) No candidate may expend, authorize the expenditure of or incur
19any obligation to expend any grant if he or she violates the pledge required under
20sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h)
21or (i).
AB428,48,153
11.60
(4) Actions under this section arising out of an election for state office or
4a statewide referendum may be brought by the board or by the district attorney of
5the county where the violation is alleged to have occurred, except as specified in s.
611.38. Actions under this section arising out of an election for local office or a local
7referendum may be brought by the district attorney of the county where the violation
8is alleged to have occurred. Actions under this section arising out of an election for
9county office or a county referendum may be brought by the county board of election
10commissioners of the county wherein the violation is alleged to have occurred. If a
11violation concerns a district attorney or circuit judge or candidate for such offices, the
12action shall be brought by the attorney general. If a violation concerns the attorney
13general or a candidate for such office, the governor may appoint special counsel
14under s. 14.11 (2) to bring suit in behalf of the state. The counsel shall be independent
15of the attorney general and need not be a state employee at the time of appointment.
AB428,48,1918
11.61
(1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07
19(1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) is guilty of a Class I felony.
AB428,49,2
2225.42 Wisconsin election campaign fund. All moneys appropriated under
23s. 20.855 (4) (b) together with all moneys reverting to the state under s. 11.50 (8) and
24all gifts, bequests and devises received under s. 11.50 (13) constitute the Wisconsin
25election campaign fund, to be expended for the purposes of s. 11.50. All moneys in
1the fund not disbursed by the state treasurer shall continue to accumulate
2indefinitely.
AB428,49,157
71.08
(1) Imposition. (intro.) If the tax imposed on a natural person, married
8couple filing jointly, trust or estate under s. 71.02, not considering the credits under
9ss. 71.07 (1), (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx), (2fd), (3m), (3n), (3s),
10(3t), z95b), (5d), (6), and (9e), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd),
11(2m), (3), (3n), and (3t) and 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd),
12(2m), (3), (3n), and (3t) and subchs. VIII and IX and payments to other states under
13s. 71.07 (7), is less than the tax under this section, there is imposed on that natural
14person, married couple filing jointly, trust or estate, instead of the tax under s. 71.02,
15an alternative minimum tax computed as follows:
AB428,49,2218
71.10
(3) Campaign fund. (a) Every individual filing an income tax return who
19has a tax liability or is entitled to a tax refund may designate $1 for the Wisconsin
20election campaign fund for the use of eligible candidates under s. 11.50. If the
21individuals filing a joint return have a tax liability or are entitled to a tax refund,
22each individual may make a designation of $1 under this subsection.
AB428,50,523
(b) The secretary of revenue shall provide a place for those designations on the
24face of the individual income tax return and shall provide next to that place a
25statement that a designation will not increase tax liability. Annually on August 15,
1the secretary of revenue shall certify to the elections board, the department of
2administration and the state treasurer under s. 11.50 the total amount of
3designations made during the preceding fiscal year. If any individual attempts to
4place any condition or restriction upon a designation, that individual is deemed not
5to have made a designation on his or her tax return.