AB626: Bill Text

AB626, s. 12 Section 12. 10.06 (1) (e) of the statutes is amended to read:

AB626,9,16 10.06 (1) (e) As soon as possible following the state canvass of the spring primary vote, but no later than the first Tuesday in March, the board shall send a type B notice certifying to each county clerk the list of candidates for the spring election. When no state spring primary is held or when the only primary held is the presidential preference primary, this notice shall be sent under par. (c). The board shall also in any case send a certified list of candidates under s. 11.50 11.51 to the state treasurer pursuant to s. 7.08 (2) (c). When there is a referendum, the board shall send type A and C notices certifying each question to the county clerks as soon as possible, but no later than the first Tuesday in March.

AB626, s. 13 Section 13. 10.06 (1) (i) of the statutes is amended to read:

AB626,9,22 10.06 (1) (i) As soon as possible after the state canvass, but no later than the 4th Tuesday in September, the board shall send a type B notice certifying the list of candidates and type A and C notices certifying each question for any referendum to each county clerk for the general election and a certified list of candidates under s. 11.50 11.51 to the state treasurer pursuant to s. 7.08 (2) (c).

AB626, s. 14 Section 14. 11.01 (4m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,10,6 11.01 (4m) "Communication" means a message transmitted by means of a printed advertisement, billboard, handbill, sample ballot, radio or television advertisement, telephone call, or any medium that may be utilized for the purpose of disseminating or broadcasting a message, but not including a poll conducted solely for the purpose of identifying or collecting data concerning the attitudes or preferences of electors.

AB626, s. 15 Section 15. 11.01 (11m) of the statutes is created to read:

AB626,10,18 11.01 (11m) "Independent expenditure" means an expenditure made for the purpose of making a communication that is made during the 60-day period preceding any spring, September, or special primary election for a state office other than the office of court of appeals judge, circuit judge, or district attorney and the date of the spring, general, or special election following that primary election, or if no primary election for such an office is held, during the 60-day period preceding an election for such an office; that contains a reference to a clearly identified candidate for such an office at that election; that is made without cooperation or consultation with such a candidate, or any authorized committee or agent of such a candidate; and that is not made in concert with, or at the request or suggestion of, such a candidate, or any authorized committee or agent of such a candidate.

AB626, s. 16 Section 16. 11.06 (1) (a) of the statutes is amended to read:

AB626,10,24 11.06 (1) (a) An Except as required under s. 11.51 (2), an itemized statement giving the date, full name and street address of each contributor who has made a contribution in excess of $20, or whose contribution if $20 or less aggregates more than $20 for the calendar year, together with the amount of the contribution and the cumulative total contributions made by that contributor for the calendar year.

AB626, s. 17 Section 17. 11.06 (1) (cm) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 18 Section 18. 11.06 (1) (g) of the statutes is amended to read:

AB626,11,7 11.06 (1) (g) An Except as required under s. 11.51 (9), an itemized statement of every disbursement exceeding $20 in amount or value, together with the name and address of the person to whom the disbursement was made, and the date and specific purpose for which the disbursement was made.

AB626, s. 19 Section 19. 11.06 (1) (jm) of the statutes is amended to read:

AB626,11,17 11.06 (1) (jm) A copy of any separate schedule prepared or received pursuant to an escrow agreement under s. 11.16 (5). A candidate or personal campaign committee receiving contributions under such an agreement and attaching a separate schedule under this paragraph may indicate the percentage of the total contributions received, disbursements made and exclusions claimed under s. 11.31 (6) without itemization, except that amounts received from any contributor pursuant to the agreement who makes any separate contribution to the candidate or personal campaign committee during the calendar year of receipt as indicated in the schedule shall be aggregated and itemized if required under par. (a) or (b).

AB626, s. 20 Section 20. 11.07 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,11,24 11.07 (5) Any campaign treasurer or individual who knowingly receives a contribution made by an unregistered nonresident in violation of this section may not use or expend such contribution but shall immediately return it to the source or at the option of the campaign treasurer or individual, donate the contribution to a charitable organization or to the common school fund.

AB626, s. 21 Section 21. 11.12 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,12,6 11.12 (2) Any anonymous contribution exceeding $10 received by a campaign or committee treasurer or by an individual under s. 11.06 (7) may not be used or expended. The contribution shall be donated to the common school fund or to any charitable organization, at the option of the treasurer.

AB626, s. 22 Section 22. 11.12 (6) of the statutes is renumbered 11.12 (6) (a) and amended to read:

AB626,13,2 11.12 (6) (a) If any disbursement of more than $20 cumulatively is made to advocate the election or defeat of a clearly identified candidate by an individual or committee later than 15 days prior to a primary or election in which the candidate's name appears on the ballot without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or opposed, and not in concert with or at the request or suggestion of such a candidate, agent, or committee, the individual or treasurer of the committee shall, within 24 hours of making the disbursement, inform the appropriate filing officer of the information required under s. 11.06 (1) in such manner as the board may prescribe. The information shall also be included in the next regular report of the individual or committee under s. 11.20. For purposes of this subsection paragraph, disbursements cumulate beginning with the day after the last date covered on the preprimary or preelection report and ending with the day before the primary or election. Upon receipt of a report under this subsection paragraph, the filing officer shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom a disbursement identified in the report is made. This paragraph does not apply to any disbursement that is required to be reported as an independent expenditure under par. (b).

AB626, s. 23 Section 23 . 11.12 (6) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,14,3 11.12 (6) (a) Except as otherwise provided in this paragraph, if any individual or committee incurs one or more obligations or makes one or more disbursements in an amount exceeding $250 cumulatively to advocate the election or defeat of a clearly identified candidate later than 15 days prior to a primary or election in which the candidate's name appears on the ballot without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or opposed, and not in concert with or at the request or suggestion of such a candidate, agent or committee, the individual or treasurer of the committee shall, within 24 hours after incurring the obligation or making the disbursement, inform the appropriate filing officer. The report shall include the information required under s. 11.06 (1) and shall be made in such manner as the board may prescribe. For purposes of this paragraph, obligations and disbursements cumulate beginning with the day after the last date covered on the preprimary or preelection report and ending with the day before the primary or election and disbursements made for the purpose of payment of obligations that were previously reported are not included in determining the cumulative amount of obligations and disbursements. Upon receipt of a report identifying any obligation or disbursement under this paragraph, the filing officer shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom an obligation is incurred or a disbursement is made. This paragraph does not apply to disbursements or obligations required to be reported under par. (am) or to an individual or committee that is required to file daily reports under s. 11.21 (16). This paragraph does not apply to any disbursement that is required to be reported as an independent expenditure under par. (b).

AB626, s. 24 Section 24. 11.12 (6) (b) of the statutes is created to read:

AB626,14,9 11.12 (6) (b) 1. If any person makes an independent expenditure or incurs an obligation to make an independent expenditure, the person shall, within 24 hours of making the independent expenditure or incurring the obligation to make the independent expenditure, report to the board the information required under this paragraph in such manner as the board may prescribe.

AB626,14,10 2. Each report under this paragraph shall contain the following information:

AB626,14,12 a. The name of each candidate who is identified in each communication financed with the independent expenditure or obligation.

AB626,14,14 b. A statement as to whether the communication is intended to support or oppose that candidate.

AB626,14,17 c. The total amount or value of the independent expenditure or obligation and the cumulative independent expenditures made and obligations to make independent expenditures incurred by the person with respect to that election.

AB626,14,23 3. If the person is a registrant, the person shall also include the information reported under subd. 2. in the next regular report of the person under s. 11.20. Upon receipt of a report under this paragraph, the board shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom an independent expenditure or obligation identified in the report is made.

AB626, s. 25 Section 25. 11.12 (8) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 26 Section 26. 11.16 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,15,8 11.16 (2) Limitation on cash contributions. Every contribution of money exceeding $50 shall be made by negotiable instrument or evidenced by an itemized credit card receipt bearing on the face the name of the remitter. No treasurer may accept a contribution made in violation of this subsection. The treasurer shall promptly return the contribution, or donate the contribution to the common school fund or to a charitable organization, in the event that the donor cannot be identified.

AB626, s. 27 Section 27. 11.16 (5) of the statutes is amended to read:

AB626,15,24 11.16 (5) Escrow agreements. Any personal campaign committee, political party committee or legislative campaign committee may, pursuant to a written escrow agreement with more than one candidate, solicit contributions for and conduct a joint fund raising effort or program on behalf of more than one named candidate. The agreement shall specify the percentage of the proceeds to be distributed to each candidate by the committee conducting the effort or program. The committee shall include this information in all solicitations for the effort or program. All contributions received and disbursements made by the committee in connection with the effort or program shall be received and disbursed through a separate depository account under s. 11.14 (1) that is identified in the agreement. For purposes of s. 11.06 (1), the committee conducting the effort or program shall prepare a schedule in the form prescribed by the board supplying all required information under s. 11.06 (1) and items qualifying for exclusion under s. 11.31 (6) for the effort or program, and shall transmit a copy of the schedule to each candidate who receives any of the proceeds within the period prescribed in s. 11.06 (4) (c).

AB626, s. 28 Section 28 . 11.16 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,16,16 11.16 (5) Escrow agreements. Any personal campaign committee or political party committee may, pursuant to a written escrow agreement with more than one candidate, solicit contributions for and conduct a joint fund raising effort or program on behalf of more than one named candidate. The agreement shall specify the percentage of the proceeds to be distributed to each candidate by the committee conducting the effort or program. The committee shall include this information in all solicitations for the effort or program. All contributions received and disbursements made by the committee in connection with the effort or program shall be received and disbursed through a separate depository account under s. 11.14 (1) that is identified in the agreement. For purposes of s. 11.06 (1), the committee conducting the effort or program shall prepare a schedule in the form prescribed by the board supplying all required information under s. 11.06 (1) for the effort or program, and shall transmit a copy of the schedule to each candidate who receives any of the proceeds within the period prescribed in s. 11.06 (4) (c).

AB626, s. 29 Section 29. 11.19 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,17,10 11.19 (1) Whenever any registrant disbands or determines that obligations will no longer be incurred, and contributions will no longer be received nor disbursements made during a calendar year, and the registrant has no outstanding incurred obligations, the registrant shall file a termination report with the appropriate filing officer. Such report shall indicate a cash balance on hand of zero at the end of the reporting period and shall indicate the disposition of residual funds. Residual funds may be used for any political purpose not prohibited by law, returned to the donors in an amount not exceeding the original contribution, or donated to a charitable organization or the common school fund. The report shall be filed and certified as were previous reports, and shall contain the information required by s. 11.06 (1). A registrant to which s. 11.055 (1) applies shall pay the fee imposed under that subsection with a termination report filed under this subsection. If a termination report or suspension report under sub. (2) is not filed, the registrant shall continue to file periodic reports with the appropriate filing officer, no later than the dates specified in s. 11.20 and, if the registrant files reports under s. 11.21 (16), no later than the times specified in s. 11.21 (16). This subsection does not apply to any registrant making an indication under s. 11.06 (2m).

AB626, s. 30 Section 30. 11.20 (8) (am) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 31 Section 31. 11.21 (15) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed.

AB626, s. 32 Section 32. 11.23 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,17,20 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, at the option of the treasurer.

AB626, s. 33 Section 33. 11.24 (1w) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 34 Section 34. 11.26 (1m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 35 Section 35. 11.26 (1t) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 36 Section 36. 11.26 (2) (a) of the statutes is amended to read:

AB626,18,7 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, 4% of the value of the disbursement level specified in the schedule under s. 11.31 (1) , as adjusted under s. 11.31 (9).

AB626, s. 37 Section 37. 11.26 (2m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 38 Section 38. 11.26 (2t) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 39 Section 39. 11.26 (8n) (b) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,18,23 11.26 (8n) (b) A political party that receives and accepts a contribution under par. (a) shall maintain 2 segregated accounts, one designated as a "Section 11.26 (8n) Senate Account" and one designated as a "Section 11.26 (8n) Assembly Account." The political party shall deposit one-half of each contribution received and accepted under par. (a) in each account. Contributions deposited in the senate account may be disbursed only for the purpose of making contributions to candidates for the office of state senator that the candidates are authorized to receive and accept under sub. (9). Contributions deposited in the assembly account may be disbursed only for the purpose of making contributions to candidates for the office of representative to the assembly that the candidates are authorized to receive and accept under sub. (9).

AB626, s. 40 Section 40 . 11.26 (9) (a) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is renumbered 11.26 (9) and amended to read:

AB626,19,6 11.26 (9) Except as provided in sub. (9m), No individual who is a candidate for state or local office may receive and accept more than 65% of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided under s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party committees, except as follows: .

AB626, s. 41 Section 41. 11.26 (9) (a) of the statutes is amended to read:

AB626,19,13 11.26 (9) (a) No individual who is a candidate for state or local office may receive and accept more than 65% of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided under s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party and legislative campaign committees.

AB626, s. 42 Section 42. 11.26 (9) (a) 1. to 4. of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

AB626, s. 43 Section 43. 11.26 (9) (am) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 44 Section 44. 11.26 (9) (b) of the statutes is amended to read:

AB626,19,24 11.26 (9) (b) No individual who is a candidate for state or local office may receive and accept more than 45% of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided under s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement.

AB626, s. 45 Section 45. 11.26 (9) (c) of the statutes is repealed.

AB626, s. 46 Section 46. 11.26 (9m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 47 Section 47. 11.26 (10) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed.

AB626, s. 48 Section 48. 11.26 (10a) (b) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,20,23 11.26 (10a) (b) The dollar amounts of the limitations under subs. (1), (2), (4), (8), and (8n) are subject to a biennial adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall, in each year that the adjustment is made, calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for calendar year 2007. Beginning in 2008 and every 2 years thereafter, the board shall multiply the amount of each limitation under subs. (1), (2), (4), (8), and (8n) by the percentage difference in the consumer price indexes. The board shall then add that product to the applicable limitation under subs. (1), (2), (4), (8), and (8n), round each sum to the nearest multiple of $5, and adjust the amount of each limitation to substitute the resulting amount. The amount so determined shall then be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare and without a finding of emergency.

AB626, s. 49 Section 49. 11.26 (13) of the statutes is repealed.

AB626, s. 50 Section 50. 11.26 (17) (a) of the statutes is amended to read:

AB626,21,3 11.26 (17) (a) For purposes of application of the limitations imposed in subs. (1), (2), and (9) and (10), the "campaign" of a candidate begins and ends at the times specified in this subsection.

AB626, s. 51 Section 51 . 11.26 (17) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,21,7 11.26 (17) (a) For purposes of application of subs. (1), (2), and (9), the "campaign" of a candidate begins and ends at the times specified in this subsection.

AB626, s. 52 Section 52. 11.31 (title) of the statutes is amended to read:

AB626,21,9 11.31 (title) Disbursement levels and limitations; calculation.

AB626, s. 53 Section 53. 11.31 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,21,16 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 sub. (9). The 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.

AB626, s. 54 Section 54. 11.31 (2) and (2m) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed.

AB626, s. 55 Section 55. 11.31 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed.

AB626, s. 56 Section 56. 11.31 (3m) of the statutes is repealed.

AB626, s. 57 Section 57. 11.31 (3p) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 58 Section 58. 11.31 (4) of the statutes is amended to read:

AB626,22,9 11.31 (4) Allocation. Except as provided in sub. (3m), whenever Whenever a separate disbursement level is specified for a primary and election under sub. (1), a candidate who disburses less than the authorized level in the primary may not reallocate the balance to increase the level in the election. Whenever a separate disbursement level is not specified for a primary and election under sub. (1), a candidate may allocate disbursements between the primary and election campaign within the total level of disbursements specified in sub. (1) in any proportion desired, and may carry over unexpended contributions from a primary campaign to an election campaign.

AB626, s. 59 Section 59. 11.31 (6) of the statutes is repealed.

AB626, s. 60 Section 60. 11.31 (7) (b) of the statutes is amended to read:

AB626,22,14 11.31 (7) (b) Disbursements which are made before a campaign period for goods to be delivered or services to be rendered in connection with the campaign are charged against the disbursement limitation level for that campaign.

AB626, s. 61 Section 61. 11.31 (7) (c) of the statutes is amended to read:

AB626,22,18 11.31 (7) (c) Disbursements which are made after a campaign to retire a debt incurred in relation to a campaign are charged against the disbursement limitation level for that campaign.

AB626, s. 62 Section 62. 11.31 (8) of the statutes is amended to read:

AB626,22,24 11.31 (8) Certain contributions excluded. The limitations imposed levels specified under this section do not apply to a gift of anything of value constituting a contribution made directly to a registrant by another, but the limitations levels shall apply to such gift when it is received and accepted by the recipient or, if received in the form of money, when disbursed.

AB626, s. 63 Section 63. 11.31 (9) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,23,6 11.31 (9) Adjustment of disbursement levels. (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.