SB46: Bill Text

SB46, s. 27 Section 27. 11.05 (5r) of the statutes is created to read:

SB46,25,7 11.05 (5r) Contribution prior to registration prohibited. (a) Except as provided in sub. (13), no person, committee, or group subject to a registration requirement may make any contribution prior to the date of registration under this section.

SB46,25,10 (b) No registrant may accept any contribution from a person, committee, or group subject to a registration requirement prior to the date of registration of that person, committee, or group.

SB46, s. 28 Section 28. 11.05 (9) (title) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,25,13 11.05 (9) (title) Deposit of contributions; conduits.

SB46, s. 29 Section 29. 11.05 (9) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,25,20 11.05 (9) (b) An individual who or a committee or group which receives a contribution of money and transfers the contribution to another individual, committee, or group while acting as a conduit is not subject to registration under this section unless the individual, committee, or group transfers the contribution to a candidate or a personal campaign, political party, or support committee.

SB46, s. 30 Section 30. 11.05 (12) (title) of the statutes is amended to read:

SB46,25,22 11.05 (12) (title) Time of registration; acceptance of unlawful contributions.

SB46, s. 31 Section 31. 11.05 (12) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,26,9 11.05 (12) (b) Except as authorized under sub. (13), a committee, group, or individual other than a candidate or agent of a candidate shall comply with sub. (1) or (2) no later than the 5th business day commencing after receipt of the first contribution by such committee, group, or individual, and before making any disbursement. No committee, group, or individual, other than a candidate or agent of a candidate, may accept any contribution or contributions exceeding the amount specified in sub. (1) or (2) during a calendar year at any time when the committee, group, or individual is not registered under this section except within the initial 5-day period authorized by this paragraph.

SB46, s. 32 Section 32. 11.05 (13) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,26,18 11.05 (13) Bank account and postal box; exemption. An individual, committee, or group does not violate this section by accepting a contribution and making a disbursement in the amount required to rent a postal box, or in the minimum amount required by a bank or trust company to open a checking account, prior to the time of registration, if the disbursement is properly reported on the first report submitted under s. 11.20 or 11.21 (16) after the date that the individual, committee, or group is registered, whenever a reporting requirement applies to the registrant.

SB46, s. 33 Section 33. 11.06 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,27,2 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (2m), and (3m) and s. 11.19 (2), each registrant under s. 11.05 shall make full reports, upon a form prescribed by the board and signed by the appropriate individual under sub. (5), of all contributions received, contributions or disbursements made, and obligations incurred. Each report shall contain the following information, covering the period since the last date covered on the previous report, unless otherwise provided:

SB46, s. 34 Section 34. 11.06 (1) (cm) and (dm) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

SB46, s. 35 Section 35. 11.06 (1) (e) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,27,10 11.06 (1) (e) An itemized statement of contributions over $20 from a single source donated to a charitable organization or to the common school fund, with the full name and mailing address of the donee, and a statement of contributions over $20 transferred to the board for deposit in the Wisconsin election campaign fund.

SB46, s. 36 Section 36. 11.06 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,27,22 11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding sub. (1), if a disbursement is made or obligation incurred by an individual other than a candidate or by a committee or group which is not primarily organized for political purposes, the disbursement does not constitute a contribution to any candidate or other individual, committee, or group, and the disbursement is not a noncandidate election expenditure that is reportable under s. 11.065, the disbursement or obligation is required to be reported only if the purpose is to expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a referendum. The exemption provided by this subsection shall in no case be construed to apply to a political party, personal campaign, or support committee.

SB46, s. 37 Section 37. 11.06 (2m) (title) and (a) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed and recreated to read:

SB46,28,21 11.06 (2m) (title) General reporting exemptions. (a) Any person, committee, or group, other than an individual or committee required to file an oath under sub. (7), who or which does not anticipate accepting contributions, making disbursements, or incurring obligations in an aggregate amount in excess of $1,000 in a calendar year and does not anticipate accepting any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in that year may indicate on its registration statement that the person, committee, or group will not accept contributions, incur obligations, or make disbursements in the aggregate in excess of $1,000 in any calendar year and will not accept any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in any calendar year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date that aggregate contributions, disbursements, or obligations for the calendar year exceed $1,000, or the date on which the registrant accepts any contribution or contributions exceeding $100 from a single source, other than contributions made by a candidate to his or her own campaign, during any calendar year, whichever is earlier.

SB46, s. 38 Section 38. 11.06 (2m) (b) to (d) of the statutes, as created by 2001 Wisconsin Act 109, are repealed and recreated to read:

SB46,29,17 11.06 (2m) (b) Any individual or committee who or which is required to file an oath under sub. (7) and who or which accepts contributions, makes disbursements, or incurs obligations for the purpose of supporting or opposing one or more candidates for state office and who or which does not anticipate accepting contributions, making disbursements, or incurring obligations in an aggregate amount in excess of $1,000 in a calendar year and does not anticipate accepting any contribution or contributions from a single source exceeding $100 in that year may indicate on its registration statement that the individual or committee will not accept contributions, incur obligations, or make disbursements in the aggregate in excess of $1,000 in any calendar year and will not accept any contribution or contributions from a single source exceeding $100 in any calendar year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date on which aggregate contributions, disbursements, or obligations for the calendar year exceed $1,000, or the date on which the registrant accepts any contribution or contributions exceeding $100 from a single source during any calendar year, whichever is earlier.

SB46,30,10 (c) Any individual or committee who or which is required to file an oath under sub. (7) and who or which accepts contributions, makes disbursements, or incurs obligations for the purpose of supporting or opposing one or more candidates for local office but not for the purpose of supporting or opposing any candidate for state office and who or which does not anticipate accepting contributions, making disbursements, or incurring obligations in an aggregate amount in excess of $100 in a calendar year may indicate on its registration statement that the individual or committee will not accept contributions, incur obligations, or make disbursements in the aggregate in excess of $100 in any calendar year and will not accept any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in any calendar year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date that aggregate contributions, disbursements, or obligations for the calendar year exceed $100, whichever is earlier.

SB46,30,12 (d) If a revocation by a registrant under this subsection is not timely, the registrant violates s. 11.27 (1).

SB46, s. 39 Section 39. 11.06 (3) (b) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,30,17 11.06 (3) (b) (intro.) A nonresident registrant that makes a report under sub. (1) shall ensure that the report separately states information under sub. (1) concerning all of the following, in a manner prescribed by the board:

SB46, s. 40 Section 40. 11.06 (3r) of the statutes is repealed.

SB46, s. 41 Section 41. 11.06 (3w) of the statutes is repealed.

SB46, s. 42 Section 42. 11.06 (4) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,31,2 11.06 (4) (b) Unless it is returned or donated within 15 days of receipt, a contribution must be reported as received and accepted on the date received. This paragraph applies notwithstanding the fact that the contribution is not deposited in a campaign depository account by the closing date for a reporting period as provided in s. 11.20 (8) or the reporting deadline provided in s. 11.12 (6) (c) or (8).

SB46, s. 43 Section 43. 11.06 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,31,15 11.06 (5) Report must be complete. A registered individual or treasurer of a group or committee shall make a good faith effort to obtain all required information. The first report shall commence no later than the date that the first contribution is received and accepted or the first disbursement is made. Each report shall be filed with the appropriate filing officer on the dates designated in s. 11.20 and, if the registrant files reports under s. 11.12 (6) (c) or (8), at the times specified in s. 11.12 (6) (c) or (8). The individual or the treasurer of the group or committee shall certify to the correctness of each report. In the case of a candidate, the candidate or treasurer shall certify to the correctness of each report. If a treasurer is unavailable, any person designated as a custodian under s. 11.05 (3) (e) may certify to the correctness of a report.

SB46, s. 44 Section 44. 11.06 (7m) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,32,7 11.06 (7m) (a) If a committee which was registered under s. 11.05 as a political party committee supporting candidates of a political party files an oath under sub. (7) affirming that it does not act in cooperation or consultation with any candidate who is nominated to appear on the party ballot of the party at a general or special election, that the committee does not act in concert with, or at the request or suggestion of, such a candidate, that the committee does not act in cooperation or consultation with such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, and that the committee does not act in concert with, or at the request or suggestion of, such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, the committee filing the oath may not make any contributions in support of any candidate of the party at the general or special election or in opposition to any such candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as authorized in par. (c).

SB46, s. 45 Section 45. 11.06 (7m) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,32,14 11.06 (7m) (b) If the committee has already made contributions in excess of the amounts specified in s. 11.26 (2) at the time that it files an oath under sub. (7), each candidate to whom contributions are made shall promptly return a sufficient amount of contributions to bring the committee into compliance with this subsection and the committee may not make any additional contributions in violation of this subsection.

SB46, s. 46 Section 46. 11.06 (7m) (c) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,32,22 11.06 (7m) (c) A committee filing an oath under sub. (7) which desires to change its status to a political party committee may do so as of December 31 of any even-numbered year. Section 11.26 does not apply to contributions received by such a committee prior to the date of the change. Such a committee may change its status at other times only by filing a termination statement under s. 11.19 (1) and reregistering as a newly organized committee under s. 11.05.

SB46, s. 47 Section 47. 11.06 (11) (bm) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 48 Section 48. 11.065 of the statutes is created to read:

SB46,33,12 11.065 Noncandidate election expenditures. (1) (a) If any person makes one or more communications to be financed with any noncandidate election expenditure or expenditures, other than disbursements, exceeding $500 in the aggregate with respect to an election, that person shall file a report with the board on a form prescribed by the board for this purpose. The report shall be made whenever the person makes one or more communications financed or to be financed with any noncandidate election expenditures exceeding $500 in the aggregate that are not identified in a previous report under this subsection. A person who is subject to a reporting requirement under this subsection shall file the report required under this subsection within 24 hours after the date on which each communication financed with any noncandidate election expenditure not identified in a previous report is made.

SB46,33,19 (b) If a person makes a single noncandidate election expenditure for the purpose of financing communications that are to be made on more than one day, the person may report the entire expenditure under par. (a) for the day on which the person makes the first communication financed by the expenditure, or the person may report for each day on which the person makes one or more communications financed by the expenditure the proportionate amount of the expenditure attributable to the cost of the communication or communications made on that day.

SB46,33,20 (2) Each report filed under sub. (1) shall contain the following information:

SB46,33,22 (a) The name, address, and telephone number of the person who makes any noncandidate election expenditure.

SB46,33,24 (b) The name of each candidate who is identified in each communication financed by a noncandidate election expenditure.

SB46,34,3 (c) A statement as to whether the communication is intended to support or oppose any candidate who is identified under par. (b) and if so, the name of that candidate.

SB46,34,6 (d) The total amount or value of the noncandidate election expenditure and the cumulative total noncandidate election expenditures made by the person with respect to that election.

SB46,34,14 (3) If a person who makes a noncandidate election expenditure does not indicate whether the expenditure is made against a candidate or for an eligible candidate's opponent or if the report under sub. (2) reasonably appears to be incorrect, the board may obtain a copy of the communication and, after examination, determine whether the communication was intended to support or oppose a candidate for purposes of ss. 11.31 (3r) and 11.50 (9) (bb). Any determination made by the board under this subsection applies solely for the purpose of administration of ss. 11.31 (3r) and 11.50 (9) (bb).

SB46, s. 49 Section 49. 11.07 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,35,2 11.07 (1) Every nonresident committee or group making contributions and every nonresident individual, committee, or group making disbursements exceeding the amount specified in s. 11.05 (1) or (2) in a calendar year within this state shall file the name, mailing and street address and the name and the mailing and street address of a designated agent within the state with the office of the secretary of state. An agent may be any adult individual who is a resident of this state. After any change in the name or address of such agent the new address or name of the successor agent shall be filed within 30 days. Service of process in any proceeding under this chapter or ch. 12, or service of any other notice or demand may be made upon such agent.

SB46, s. 50 Section 50. 11.07 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,35,10 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 or transfer the contribution to the board for deposit in the Wisconsin election campaign fund.

SB46, s. 51 Section 51. 11.09 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,35,24 11.09 (3) Each registrant whose filing officer is the board, who or which makes disbursements in connection with elections for offices which serve or referenda which affect only one county or portion thereof, except a candidate, personal campaign committee, political party committee, or other committee making disbursements in support of or in opposition to a candidate for state senator, representative to the assembly, court of appeals judge, or circuit judge, shall file a duplicate original of each financial report filed with the board with the county clerk or board of election commissioners of the county in which the elections in which the registrant participates are held. Such reports shall be filed no later than the dates specified under s. 11.20 (2) and (4) for the filing of each report with the board. This subsection does not apply to a registrant who or which files a report under s. 11.21 (16).

SB46, s. 52 Section 52. 11.10 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,36,18 11.10 (1) Each candidate in an election shall appoint one campaign treasurer. Except as provided in s. 11.14 (3), each candidate shall designate one campaign depository account within 5 business days after the candidate receives his or her first contribution and before the candidate makes or authorizes any disbursement in behalf of his or her candidacy. If a candidate adopts a preexisting support committee as his or her personal campaign committee, the candidate shall make such designation within 5 business days of adoption. The person designated as campaign treasurer shall be the treasurer of the candidate's personal campaign committee, if any. The candidate may appoint himself or herself or any other elector as campaign treasurer. A registration statement under s. 11.05 (2g) must be filed jointly by every candidate and his or her campaign treasurer. The candidate does not qualify for ballot placement until this requirement is met. Except as authorized under s. 11.06 (5), the campaign treasurer or candidate shall certify as to the correctness of each report required to be filed, and the candidate bears the responsibility for the accuracy of each report for purposes of civil liability under this chapter, whether or not the candidate certifies it personally.

SB46, s. 53 Section 53. 11.12 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,36,25 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 or transferred to the board for deposit in the Wisconsin election campaign fund, at the option of the treasurer.

SB46, s. 54 Section 54. 11.12 (2m) of the statutes is created to read:

SB46,37,9 11.12 (2m) If the campaign treasurer of a registrant receives a contribution in the form of money that is made by an individual who has made contributions to the registrant cumulatively within a calendar year exceeding $100 in amount or value, and the contributor has not provided to the treasurer the information required under s. 11.06 (1) (b), the treasurer shall obtain the information from the contributor before depositing the contribution in the campaign depository account. If the treasurer does not receive the information within the period prescribed under s. 11.14 (1), the treasurer shall return the contribution to the contributor.

SB46, s. 55 Section 55. 11.12 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,37,16 11.12 (4) Each registrant shall report contributions, disbursements, and incurred obligations in accordance with s. 11.20 and, if the registrant files reports under s. 11.12 (6) (c) or (8), in accordance with s. 11.12 (6) (c) or (8). Except as permitted under s. 11.06 (2) and (3m), each report shall contain the information which is required under s. 11.06 (1).

SB46, s. 56 Section 56. 11.12 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,38,5 11.12 (5) If any contribution or contributions of $500 or more cumulatively are received by a candidate for state office or by a committee or individual from a single contributor later than 15 days prior to a primary or election such that they are not included in the preprimary or preelection report submitted under s. 11.20 (3), the treasurer of the committee or the individual receiving the contribution shall, within 24 hours of receipt, 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 treasurer's or individual's next regular report. For purposes of the reporting requirement under this subsection, only contributions received during the period 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 need be reported.

SB46, s. 57 Section 57. 11.12 (6) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,38,24 11.12 (6) (a) If an individual or committee makes a disbursement of more than $20 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 whose opponent is 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 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. For purposes of this 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 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. A committee that files a report pertaining to a disbursement under par. (c) is not required to file a report pertaining to the same disbursement under this paragraph.

SB46,39,18 (c) 1. If any committee identified under s. 11.05 (3) (c) as a special interest committee, other than a conduit, makes any disbursement during the period beginning on the 30th day preceding a primary election for an office to be filled at a general, special, or spring election and the date of that general, special or spring election or, if no primary is held, during the period beginning on the 60th day preceding a general, special, or spring election at which an office is filled and the date of that election for the purpose of advocating the election or defeat of a clearly identified candidate for a state office specified in s. 11.31 (1) (a) to (de), (e), or (f) at the general or a special election, or any such candidate who seeks a nomination for such an office at a primary election, 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 committee shall report to the board within 24 hours after the date on which each disbursement not identified in a previous report is made, in such manner as the board may prescribe, the name of each candidate who is supported or opposed and the total amount of disbursements made for such a purpose in support of or opposition to that candidate on that date and the cumulative total of such disbursements made by that committee with respect to that election.

SB46,39,21 2. A committee which files a report under this paragraph concerning a disbursement is not required to file a report pertaining to the same disbursement under par. (a).

SB46,40,3 3. If a person makes a single disbursement for the purpose of financing an activity that is to occur on more than one day, the committee may report the entire disbursement under subd. 1. for the day on which the committee first engages in the activity that is financed by the disbursement, or the committee may report for each day on which the person engages in any activity that is financed by the disbursement the proportionate amount of the disbursement attributable to the cost of the activity that occurs on that day.

SB46,40,5 (d) All information reported by a registrant under this subsection shall also be included in the next regular report of the registrant under s. 11.20.

SB46, s. 58 Section 58. 11.12 (8) and (9) of the statutes, as created by 2001 Wisconsin Act 109, are repealed and recreated to read:

SB46,40,23 11.12 (8) If a candidate for a state office specified in s. 11.31 (1) (a) to (de), (e), or (f) who does not accept a grant under s. 11.50 makes any disbursement after that candidate has accumulated cash in his or her campaign depository account or has made disbursements during his or her campaign, as defined in s. 11.31 (7), exceeding a combined total of 90 percent of the amount specified in s. 11.31 (1) (a) to (de), (e), or (f), as adjusted under s. 11.31 (9), for the office that the candidate seeks, that candidate or the candidate's personal campaign committee shall file daily reports with the board and with each candidate whose name is certified to appear on the ballot for the office in connection with which the disbursement is made, by electronic mail or facsimile transmission, on each day beginning with that date or the 7th day after the primary election or the date that a primary would be held, if required, whichever is later, and ending on the date of the election at which the candidate seeks office. Each report shall be filed no later than 24 hours after the date on which disbursement not identified in a previous report is made. Each report shall specify the amount of each disbursement. The reported information shall also be included in the next regular report of the candidate or committee under s. 11.20.

SB46,41,4 (9) Whenever a report is required to be filed with a candidate by electronic mail or facsimile transmission under this section, the report shall be filed at the address or number of the candidate or personal campaign committee as shown on the registration statement of the candidate or committee. If no electronic mail address or facsimile transmission number is shown, the report shall be filed at the mailing address shown on the statement.

SB46, s. 59 Section 59. 11.14 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,41,18 11.14 (3) Notwithstanding sub. (1), any candidate who serves as his or her own campaign treasurer and who is authorized to make and makes an indication on his or her registration statement under s. 11.06 (2m) that he or she will not accept contributions, make disbursements, or incur obligations in an aggregate amount exceeding $1,000 in a calendar year, and will not accept any contribution or contributions from a single source, other than contributions made by the candidate to his or her own campaign, exceeding $100 in a calendar year, may designate a single personal account as his or her campaign depository account, and may intermingle personal and other funds with campaign funds. If a separate depository account is later established by the candidate, the candidate shall transfer all campaign funds in the personal account to the new depository account. Disbursements made from such personal account need not be identified in accordance with s. 11.16 (3).

SB46, s. 60 Section 60. 11.16 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,42,3 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, donate the contribution to the common school fund or to a charitable organization, or transfer the contribution to the board for deposit in the Wisconsin election campaign fund in the event that the donor cannot be identified.

SB46, s. 61 Section 61. 11.16 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,42,20 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) 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).

SB46, s. 62 Section 62. 11.19 (title) of the statutes is repealed and recreated to read:

SB46,42,23 11.19 (title) Carry-over of surplus funds; dissolution of registrants; termination reports.

SB46, s. 63 Section 63. 11.19 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,43,18 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, transferred to the board for deposit in the Wisconsin election campaign fund, 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. 11.12 (6) (c) or (8), no later than the times specified in s. 11.12 (6) (c) or (8). This subsection does not apply to any registrant making an indication under s. 11.06 (2m).

SB46, s. 64 Section 64. 11.20 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,44,5 11.20 (1) All reports required by s. 11.06 which relate to activities which promote or oppose candidates for state office or statewide referenda and all reports under s. 11.08 shall be filed with the board. All reports required by s. 11.06 which relate to activities which promote or oppose candidates for local office or local referenda shall be filed with the appropriate filing officer under s. 11.02, except reports filed under s. 11.08. Each registrant shall file the reports required by this section. If the registrant is subject to a requirement under s. 11.21 (16) to report electronically the same information that is reportable under this section, the registrant shall, in addition, file the reports required by this section recorded on a medium specified by the board.

SB46, s. 65 Section 65. 11.20 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,44,10 11.20 (2) Preprimary and preelection reports under s. 11.06 (1) shall be received by the appropriate filing officer no earlier than 14 days and no later than 8 days preceding the primary and the election.