SB46: Bill Text

SB46,72,19 3. Seventeen percent to be apportioned between all eligible candidates for attorney general.

SB46,72,21 4. Four percent to be apportioned between all eligible candidates for state treasurer.

SB46,72,23 5. Four percent to be apportioned between all eligible candidates for secretary of state.

SB46,73,3 (c) The legislative and special election campaign account shall be divided into a senate campaign account to receive 25 percent of the moneys, and an assembly campaign account to receive 75 percent of the moneys. Each account shall then be apportioned between all eligible candidates for the same office in the entire state. No apportionment shall be made by legislative district.

SB46,73,13 (cm) Unless otherwise required under subs. (4e), (9), and (10), each eligible candidate for the same office at a special election shall receive a grant in an equal amount from the general account, which amount shall be equivalent to the maximum grant which was payable to any candidate for that office at the most recent spring or general election. The amount shall be drawn from the senate campaign account and the assembly campaign account in the same proportions as the balance in each account bears to the total balance in both accounts at the time that payments are made. Whenever there are insufficient moneys in the senate campaign account and the assembly campaign account to make the payments required by this paragraph, payments shall be appropriately reduced or discontinued by the board.

SB46,73,16 (d) Except as otherwise provided in sub. (4e), within the accounts established under this subsection for each office at each general election, the entire amount of all available moneys shall be apportioned equally to all eligible candidates.

SB46, s. 148 Section 148. 11.50 (4e) of the statutes is created to read:

SB46,74,6 11.50 (4e) Payment of grant amounts. The state treasurer shall make payment of each grant to an eligible candidate from the political party account of that candidate's political party, if any, if there are sufficient moneys in that account to make full payment of the grant, and then from the general account. If there are sufficient moneys in the political party account of a candidate's political party to make full payment of a grant under sub. (9) (a) but there are insufficient moneys in that account to make full payment of any grant for which the candidate qualifies under sub. (9) (ba) or (bb), the board shall first make payment of grants under sub. (9) (ba) and (bb) to all candidates of the candidate's political party at the election from available moneys in the political party account in the manner provided in sub. (2s) (b) and shall then make payments to those candidates from available moneys in the general account in the manner provided in sub. (9) (c). If there are insufficient moneys in the general account to make full payment of a grant, the board shall proportionately reduce the grant as provided in sub. (9) (c).

SB46, s. 149 Section 149. 11.50 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,74,13 11.50 (5) Time of grant payments. (a) Except as provided in par. (b), the state treasurer shall make each grant payment that becomes payable to an eligible candidate under sub. (9) to the campaign depository account of that candidate by the end of the 3rd business day following notice from the board under s. 7.08 (2) (c) or (cm) of the amount to be paid.

SB46,74,19 (b) If an eligible candidate notifies the state treasurer of the information required to make electronic transfers to the candidate's campaign depository account, the state treasurer shall transfer to the campaign depository account of that candidate any grant payment that becomes payable to the candidate under sub. (9) as soon as possible following notice from the board under s. 7.08 (2) (c) or (cm), but no later than the time specified in par. (a).

SB46,74,21 (c) Eligible candidates for governor and lieutenant governor of the same political party may combine campaign depository accounts if desired.

SB46, s. 150 Section 150. 11.50 (6) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,75,2 11.50 (6) Excess moneys. If the amounts which are to be apportioned to each eligible candidate under subs. (3) and (4) are more than the amount which a candidate may accept under sub. (9), or more than the amount which a candidate elects to accept under sub. (10), the excess moneys shall be retained in the fund.

SB46, s. 151 Section 151. 11.50 (7) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,75,7 11.50 (7) Utilization. (intro.) Grants distributed under this section may be utilized only for deposit in a campaign depository account under s. 11.10. Grants may be expended only for one or more of the following:

SB46, s. 152 Section 152. 11.50 (8) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,75,17 11.50 (8) Lapsing grants. All grants disbursed under sub. (5) remain the property of the state until disbursed or encumbered for a lawful purpose. All grant moneys that are unspent and unencumbered by a candidate on the day after the election in which the candidate participates shall revert to the state. All deposits and refunds derived from grant moneys that are received by a candidate at any time after the day of the election in which the candidate participates shall revert to the state. All reversions shall be returned to the board by the candidate and shall be deposited in the fund.

SB46, s. 153 Section 153. 11.50 (9) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,76,4 11.50 (9) (a) Amount of grants. Except as provided in this paragraph and pars. (ba), (bb), and (c) and sub. (10), the total grant available to an eligible candidate may not exceed that amount which, when added to all other contributions accepted by the candidate from sources other than individuals and political party committees, is equal to 35 percent of the disbursement level specified for the office that the candidate seeks, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9). The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are not exceeded and any violation is reported. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.

SB46,76,16 (ba) Except as provided in par. (c) and sub. (10), if an eligible candidate at a primary or election, or both, who accepts a grant is opposed by one or more candidates who are required, or whose personal campaign committees are required, to file a report under s. 11.12 (8), then the board shall make an additional grant to the eligible candidate who accepts a grant from the account for the applicable office in an amount equal to the total amount or value of disbursements, as reported under s. 11.12 (8), made by the opposing candidate or candidates exceeding the amount specified under s. 11.31 (1) (a) to (de), (e), or (f) for the office which the candidate seeks, as adjusted under s. 11.31 (9), but not more than, together with any additional grant provided under par. (bb), an amount equal to 3 times the amount specified in s. 11.31 (1) (a) to (de), (e), or (f) for the office that the eligible candidate seeks, as adjusted under s. 11.31 (9).

SB46,77,5 (bb) Except as provided in par. (c) and sub. (10), if the sum of the aggregate disbursements and noncandidate election expenditures made against an eligible candidate and the aggregated disbursements and noncandidate election expenditures made for an opponent of that candidate, as reported under ss. 11.065 and 11.12 (6) (c), exceeds 10 percent of the amount specified under s. 11.31 (1) (a) to (de), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), then the board shall make an additional grant to the eligible candidate who accepts a grant from the account for the applicable office in an amount equivalent to the amount of those disbursements and expenditures, as reported under ss. 11.065 and 11.12 (6) (c), but not more than, together with any additional grant provided under par. (ba), an amount equal to 3 times the amount specified in s. 11.31 (1) (a) to (de), (e), or (f) for the office that the eligible candidate seeks, as adjusted under s. 11.31 (9). The board shall immediately file a written copy of its determination with each of the candidates for the office that the candidate seeks.

SB46,77,23 (c) If on any business day the balance within an account in the fund is insufficient to make full payment of grants to all eligible candidates who qualify to receive a grant from that account, the board shall first make full payment of grants to all eligible candidates under par. (a) before making any payments of grants under par. (ba) or (bb), and, if full payments of grants cannot be made to all eligible candidates who qualify to receive a grant on that business day, the board shall proportionately reduce the grants payable to all eligible candidates whose grants are payable from that account for that business day and shall credit any eligible candidate who does not receive full payment with any balance that remains payable to that candidate for that business day. If on any subsequent business day prior to the date of an election at which one or more eligible candidates qualify to receive grants the balance available in the account from which a grant is payable becomes sufficient to make additional grant payments, the board shall make those payments to candidates in the same chronological sequence that the candidates were credited, and, if the balance within an account is insufficient to make full payment of grants to all candidates who have credits of equal priority that would entitle them to receive payments for that business day, the board shall proportionately reduce the grants payments to candidates for that business day.

SB46, s. 154 Section 154. 11.50 (10) of the statutes is created to read:

SB46,78,3 11.50 (10) Voluntary limitation. Any eligible candidate may, by written request, limit his or her participation in the fund to a lesser amount than that authorized under sub. (9).

SB46, s. 155 Section 155. 11.50 (10m) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,78,12 11.50 (10m) Return of grants. An individual who receives a grant prior to an election in which he or she is a candidate and who desires to return any portion of the grant shall return that portion no later than the 2nd Tuesday in October preceding a general election, the 4th Tuesday preceding a spring election, or the 3rd Tuesday preceding a special election. A candidate who returns all or any portion of a grant under this subsection remains bound by the candidate's statement filed under sub. (2) (a).

SB46, s. 156 Section 156. 11.50 (11) (e) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,78,17 11.50 (11) (e) No candidate may expend, authorize the expenditure of or incur any obligation to expend any grant if he or she violates the pledge required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h).

SB46, s. 157 Section 157. 11.50 (13) of the statutes is amended to read:

SB46,78,20 11.50 (13) Donations to fund. Any committee or other person may make an unrestricted contribution to the general account of the fund by gift, bequest or devise.

SB46, s. 158 Section 158. 11.50 (14) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,78,24 11.50 (14) Certifications to secretary of revenue. (a) In each even-numbered year, the board shall certify to the secretary of revenue:

SB46,79,4 1. No later than July 1, the name of each political party that qualifies under sub. (1) (am) 1. as an eligible political party as of the preceding June 1 and whose state chairperson has filed a request to establish an account for the party under sub. (2s) (a).

SB46,79,7 2. No later than December 15, the name of each political party that qualifies under sub. (1) (am) 2. as an eligible political party as of the date of the preceding general election.

SB46,79,9 (b) In each certification under this subsection, the board shall specify the expiration date of the certification.

SB46, s. 159 Section 159. 11.60 (3r) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 160 Section 160. 11.60 (3s), (3t) and (3u) of the statutes are created to read:

SB46,79,19 11.60 (3s) Notwithstanding sub. (1), if any candidate or committee, other than a conduit, makes a disbursement for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (de), (e), or (f) without reporting the information required under s. 11.12 (6) (c) or (8) or 11.20 (3) or (4) with respect to that disbursement, to the extent required under ss. 11.12 (6) (c) and (8) and 11.20 (3) and (4), the candidate or committee may be required to forfeit not more than $500 per day for each day of continued violation.

SB46,79,24 (3t) Notwithstanding sub. (1), if any person makes a noncandidate election expenditure for the purpose of making a communication without reporting the information required under s. 11.065, to the extent required under s. 11.065, the person may be required to forfeit not more than $500 for each day of continued violation.

SB46,80,6 (3u) Notwithstanding sub. (1), if any person, including any candidate or committee to whom s. 11.065 or 11.12 (6) (c) or (8) applies, makes one or more disbursements or noncandidate election expenditures for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (de), (e), or (f) in an amount or value that differs from the amount reported by that person under s. 11.065, 11.12 (6) (c) or (8), or 11.20 (3) or (4):

SB46,80,8 (a) By more than 5 percent but not more than 10 percent cumulatively, the person shall forfeit 4 times the amount or value of the difference.

SB46,80,10 (b) By more than 10 percent but not more than 15 percent cumulatively, the person shall forfeit 6 times the amount or value of the difference.

SB46,80,12 (c) By more than 15 percent cumulatively, the person shall forfeit 8 times the amount of the difference.

SB46, s. 161 Section 161. 11.60 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,81,6 11.60 (4) Actions under this section arising out of an election for state office or a statewide referendum may be brought by the board or by the district attorney of the county where the violation is alleged to have occurred, except as specified in s. 11.38. Actions under this section arising out of an election for local office or local referendum may be brought by the district attorney of the county where the violation is alleged to have occurred. Actions under this section arising out of an election for county office or a county referendum may be brought by the county board of election commissioners of the county wherein the violation is alleged to have occurred. In addition, whenever a candidate or personal campaign committee or agent of a candidate is alleged to have violated this chapter, action may be brought by the district attorney of any county any part of which is contained within the jurisdiction or district in which the candidate seeks election. If a violation concerns a district attorney or circuit judge or candidate for such offices, the action shall be brought by the attorney general. If a violation concerns the attorney general or a candidate for such office, the governor may appoint special counsel under s. 14.11 (2) to bring suit in behalf of the state. The counsel shall be independent of the attorney general and need not be a state employe at the time of appointment.

SB46, s. 162 Section 162. 11.61 (1) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,81,10 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), or (2g), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6), or 11.24 is guilty of a Class I felony.

SB46, s. 163 Section 163. 25.42 of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,81,19 25.42 Wisconsin election campaign fund. All moneys appropriated under s. 20.855 (4) (b) together with all moneys deposited under ss. 8.35 (4) (a), 11.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), 11.23 (2), and 11.38 (6), all moneys reverting to the state under s. 11.50 (8) and all gifts, and bequests and devises received under s. 11.50 (13) constitute the Wisconsin election campaign fund, to be expended for the purposes of s. 11.50. All moneys in the fund not disbursed by the state treasurer shall continue to accumulate indefinitely.

SB46, s. 164 Section 164. 71.07 (6n) of the statutes is created to read:

SB46,81,22 71.07 (6n) Public Integrity Endowment tax credit. (a) Definitions. In this subsection:

SB46,81,23 1. "Claimant" means an individual who makes a contribution.

SB46,82,3 2. "Contribution" means a contribution, as defined in s. 11.01 (6), made to the Public Integrity Endowment, the creation of which is described in 2005 Wisconsin Act .... (this act), section 178 (1).

SB46,82,7 (b) Filing claims. Subject to the limitations and conditions provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.02, up to the amount of those taxes, for the taxable year to which the income tax return relates, an amount equal to the claimant's contribution.

SB46,82,9 (c) Limitations. No credit may be allowed under this subsection unless it is claimed within the time period under s. 71.75 (2).

SB46,82,11 (d) Administration. Subsection (9e) (d), to the extent that it applies to the credit under that subsection, applies to the credit under this subsection.

SB46, s. 165 Section 165. 71.07 (6s) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 166 Section 166. 71.10 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,83,2 71.10 (3) Campaign. (a) Every individual filing an income tax return who has a tax liability or is entitled to a tax refund may designate $5 for transfer to the Wisconsin election campaign fund. If the individuals filing a joint return have a tax liability or are entitled to a tax refund, each individual may make a designation of $5 under this subsection. Each individual making a designation shall indicate whether the amount designated by that individual shall be placed in the general account for the use of all eligible candidates for state office, or in the account of an eligible political party whose name is certified to the secretary of revenue under s. 11.50 (14). If an individual does not indicate that the amount of his or her designation shall be placed in the account of a particular eligible political party, that amount shall be placed in the general account.

SB46,83,12 (b) The secretary of revenue shall provide a place for designations under par. (a) on the face of the individual income tax return and shall provide next to that place a statement that a designation will not increase tax liability. No later than the 15th day of each month, the secretary of revenue shall certify to the elections board, the department of administration, and the state treasurer the total amount of designations made on returns processed by the department of revenue during the preceding month and the amount of designations made during that month for the general account and for the account of each eligible political party. If any individual attempts to place any condition or restriction upon a designation not authorized under par. (a), the designation is void.

SB46,83,14 (c) The names of individuals making designations under this subchapter shall be strictly confidential.

SB46, s. 167 Section 167. 71.10 (4) (ds) of the statutes is created to read:

SB46,83,16 71.10 (4) (ds) The Public Integrity Endowment tax credit under s. 71.07 (6n).

SB46, s. 168 Section 168. 71.10 (4) (gw) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 169 Section 169. 806.04 (11m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,83,25 806.04 (11m) Campaign finance registration. Any person who proposes to publish, disseminate, or broadcast, or causes to be published, disseminated, or broadcast, any communication may commence a proceeding under this section to determine the application to that person of a registration requirement under s. 11.05 (1), (2), or (2g).

SB46, s. 170 Section 170. 2001 Wisconsin Act 109, section 9115 (2v), (2w) and (2x) are repealed.

SB46, s. 171 Section 171. 2001 Wisconsin Act 109, section 9115 (2y), as last affected by 2003 Wisconsin Act 39, is repealed.

SB46, s. 172 Section 172. 2001 Wisconsin Act 109, section 9132 (4v) is repealed.

SB46, s. 173 Section 173. 2001 Wisconsin Act 109, section 9215 (3v) is repealed.

SB46, s. 174 Section 174. 2001 Wisconsin Act 109, section 9244 (6v) is repealed.

SB46, s. 175 Section 175. 2001 Wisconsin Act 109, section 9315 (2v) and (2w) are repealed.

SB46, s. 176 Section 176. 2001 Wisconsin Act 109, section 9344 (2v) is repealed.

SB46, s. 177 Section 177. 2001 Wisconsin Act 109, section 9415 (1zx), as last affected by 2003 Wisconsin Act 39, is repealed.

SB46, s. 178 Section 178 . Nonstatutory provisions.

SB46,84,22 (1) Public Integrity Endowment. The executive director of the elections board shall prepare and file articles of incorporation for the incorporation under chapter 181 of the statutes of an organization to be known as the "Public Integrity Endowment." The executive director shall ensure that the organization is structured so that it will qualify as a nonprofit organization, as defined in section 108.02 (19) of the statutes. The executive director shall specify in the articles of incorporation that the sole purpose of the foundation shall be to solicit contributions for the purpose of supplementing the assets of the Wisconsin election campaign fund and, after December 31, 2006, to the general account of that fund, and transferring those contributions, after deduction of solicitation costs, to that fund or account.

SB46,85,2 (2) Wisconsin election campaign fund balance transfer. The balance in the Wisconsin election campaign fund on the effective date of this subsection is credited to the general account of the Wisconsin election campaign fund established under section 11.50 (2w) of the statutes, as affected by this act.

SB46,85,8 (3) Nonseverability. Notwithstanding section 990.001 (11) of the statutes, if a court finds that all or any portion of section 11.01 (4m), (13), and (14m), 11.065, 11.12 (6) (c) or (8), 11.26 (8m), or 11.50 (9) (ba) or (bb) of the statutes, as affected by this act, is unconstitutional, then sections 11.01 (4m), (13), and (14m), 11.065, 11.12 (6) (c) and (8), 11.26 (8m), and 11.50 (9) (ba) and (bb) of the statutes, as affected by this act, are void in their entirety.

SB46,85,12 (4) Nonseverability of 2001 Wisconsin Act 109 provisions. The repeal of 2001 Wisconsin Act 109, section 9115 (2y) by this act does not affect the validity or invalidity of any provision specified in that subsection under any court decision issued before the effective date of this subsection.

SB46, s. 179 Section 179. Initial applicability.

SB46,85,15 (1) Except as provided in subsection (2), this act first applies to elections held on the effective date of this subsection.

SB46,85,17 (2) The treatment of section 11.31 (9) of the statutes first applies to adjustments for the biennium beginning on January 1, 2008.

SB46,85,22 (3) The treatment of sections 71.07 (6n) and 71.10 (3) (a) and (4) (ds) of the statutes first applies to claims filed for taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31 the treatment first applies to claims filed for taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

SB46, s. 180 Section 180. Effective dates. This act takes effect on January 1, 2006, or on the day after publication, whichever is later, except as follows:

SB46,86,1 (1) Section 178 (1 ) takes effect on the day after publication.

SB46,86,2 (End)