SB538: Bill Text

SB538, s. 88 Section 88. 11.26 (2) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,50,19 11.26 (2) (intro.) No committee, other than a political party committee, and no individual or committee serving as a conduit, may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

SB538, s. 89 Section 89. 11.26 (2) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,50,22 11.26 (2) (a) Candidates for governor, $45,000.

SB538, s. 90 Section 90. 11.26 (2) (ad) of the statutes is created to read:

SB538,50,24 11.26 (2) (ad) Candidates for lieutenant governor, $15,000.

SB538, s. 91 Section 91. 11.26 (2) (ae) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB538, s. 92 Section 92. 11.26 (2) (am) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,51,5 11.26 (2) (am) Candidates for attorney general, $25,000.

SB538, s. 93 Section 93. 11.26 (2) (as) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB538, s. 94 Section 94. 11.26 (2) (au) of the statutes is created to read:

SB538,51,10 11.26 (2) (au) Candidates for secretary of state, state treasurer, state superintendent, or justice, $10,000.

SB538, s. 95 Section 95. 11.26 (2) (av) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB538, s. 96 Section 96. 11.26 (2m) and (2t) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

SB538, s. 97 Section 97. 11.26 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,51,21 11.26 (3) The contribution limitations of subs. (1) and (2) apply cumulatively to the entire primary and election campaign in which a candidate participates, whether or not there is a contested primary election. The total limitation may be apportioned in any manner desired between the primary and election. All moneys cumulate regardless of the time of contribution.

SB538, s. 98 Section 98. 11.26 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,52,3 11.26 (4) Except as provided in sub. (10), no individual, except an individual serving as a conduit, may make any contribution or contributions to all candidates for state and local offices and to any individuals who or committees which are subject to a registration requirement under s. 11.05, including committees of a political party, to the extent of more than a total of $10,000 in any calendar year.

SB538, s. 99 Section 99. 11.26 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,52,12 11.26 (5) The contribution limits provided in subs. (1) and (4) do not apply to a candidate who makes any contribution or contributions to his or her own campaign for office from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, with respect to any contribution or contributions made to that candidate's campaign only. A candidate's personal contributions shall be deposited in his or her campaign depository account and reported in the normal manner.

SB538, s. 100 Section 100. 11.26 (6) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,52,21 11.26 (6) When a candidate adopts a preexisting support committee as his or her personal campaign committee, the support committee is deemed to have been the same committee as the candidate's personal campaign committee for purposes of the application of subs. (1), (2), and (9). The limitations prescribed in subs. (2) and (9) do not apply to the transfer of contributions which is made at the time of such adoption, but do apply to the contributions which have been made by any other committee to the support committee at the time of adoption.

SB538, s. 101 Section 101. 11.26 (8) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,53,3 11.26 (8) (a) No political party, as defined in s. 5.02 (13), may receive more than a total of $450,000 in value of its contributions in any biennium from all other committees, excluding transfers between party committees of the party. In this paragraph, a biennium commences with January 1 of each odd-numbered year and ends with December 31 of each even-numbered year.

SB538,53,6 (b) No such political party may receive more than a total of $18,000 in value of its contributions in any calendar year from any specific committee or its subunits or affiliates, excluding political party committees.

SB538,53,9 (c) No committee, other than a political party committee, may make any contribution or contributions, directly or indirectly, to a political party under s. 5.02 (13) in a calendar year exceeding a total value of $18,000.

SB538, s. 102 Section 102. 11.26 (8m) of the statutes is created to read:

SB538,53,13 11.26 (8m) (a) Except as provided in par. (b), no committee may make a contribution to any other committee except a political party, personal campaign, or support committee.

SB538,53,16 (b) Paragraph (a) does not apply to any contribution made by a committee that is affiliated with a labor organization to any other committee that is affiliated with the same labor organization.

SB538, s. 103 Section 103. 11.26 (8n) and (8r) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

SB538, s. 104 Section 104. 11.26 (9) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,53,23 11.26 (9) (a) No individual who is a candidate for state or local office may receive and accept more than the following amount during any primary and election campaign combined from political party committees:

SB538,53,24 1. For a candidate for the office of governor, $400,000.

SB538,53,25 2. For a candidate for the office of lieutenant governor, $100,000.

SB538,54,1 3. For a candidate for the office of attorney general, $100,000.

SB538,54,3 4. For a candidate for the office of secretary of state, state treasurer, justice, or state superintendent, $50,000.

SB538,54,4 5. For a candidate for the office of state senator, $24,000.

SB538,54,5 6. For a candidate for the office of representative to the assembly, $12,000.

SB538,54,9 7. For a candidate for any other state or local office, 20 percent of the value of the total disbursement level, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m), for the office for which he or she is a candidate.

SB538, s. 105 Section 105. 11.26 (9) (am) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB538, s. 106 Section 106. 11.26 (9) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,54,17 11.26 (9) (b) No individual who is a candidate for state or local office may receive and accept more than the following amount during any primary and election campaign combined from all committees other than political party committees subject to a filing requirement:

SB538,54,18 1. For a candidate for the office of governor, $485,190.

SB538,54,19 2. For a candidate for the office of lieutenant governor, $145,564.

SB538,54,20 3. For a candidate for the office of attorney general, $ 242,550.

SB538,54,22 4. For a candidate for the office of secretary of state, state treasurer, justice, or state superintendent, $97,031.

SB538,54,23 5. For a candidate for the office of state senator, $15,525.

SB538,54,24 6. For a candidate for the office of representative to the assembly, $7,763.

SB538,55,4 7. For a candidate for any other state or local office, 25 percent of the value of the total disbursement level, as determined under s. 11.31 (1) and as adjusted as provided under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m), for the office for which he or she is a candidate.

SB538, s. 107 Section 107. 11.26 (9) (c) of the statutes is repealed.

SB538, s. 108 Section 108. 11.26 (9m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB538, s. 109 Section 109. 11.26 (10) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,55,24 11.26 (10) No candidate for state office who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make contributions of more than 200 percent of the amounts specified in sub. (1) to the candidate's own campaign from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, unless the board determines that the candidate is not eligible to receive a grant. For purposes of this subsection, any contribution received by a candidate or his or her personal campaign committee from a committee which is registered with the federal elections commission as the authorized committee of the candidate under 2 USC 432 (e) shall be treated as a contribution made by the candidate to his or her own campaign. The contribution limit of sub. (4) applies to amounts contributed by such a candidate personally to the candidate's own campaign and to other campaigns, except that a candidate may exceed the limitation if authorized under this subsection to contribute more than the amount specified to the candidate's own campaign, up to the amount of the limitation.

SB538, s. 110 Section 110. 11.26 (10a) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB538, s. 111 Section 111. 11.26 (12m) of the statutes is repealed and recreated to read:

SB538,56,6 11.26 (12m) For purposes of subs. (1) and (4), a contribution of money received from a conduit identified in the manner prescribed in s. 11.06 (11) (a) shall be considered a contribution received from the original contributor.

SB538, s. 112 Section 112. 11.26 (15) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,56,13 11.26 (15) The fact that 2 or more committees, other than personal campaign committees, utilize common policies and practices concerning the endorsement of candidates or agree to make contributions only to such endorsed candidates does not affect the right of each committee independently to make contributions up to the amount specified under sub. (2).

SB538, s. 113 Section 113. 11.26 (17) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,56,18 11.26 (17) (a) For purposes of application of the limitations imposed in subs. (1), (2), (9), and (10), the "campaign" of a candidate begins and ends at the times specified in this subsection.

SB538, s. 114 Section 114. 11.265 of the statutes is repealed.

SB538, s. 115 Section 115. 11.31 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,57,2 11.31 (1) Schedule. (intro.) The following levels of disbursements are established with reference to the candidates listed below. The levels are subject to adjustment under subs. (1m) and (9). Except as provided in sub. (2), such levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.

SB538, s. 116 Section 116. 11.31 (1) (a) to (d) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed and recreated to read:

SB538,57,5 11.31 (1) (a) Candidates for governor, $2,000,000.

SB538,57,6 (b) Candidates for lieutenant governor, $500,000.

SB538,57,7 (c) Candidates for attorney general, $700,000.

SB538,57,9 (d) Candidates for secretary of state, state treasurer, or state superintendent, $250,000.

SB538, s. 117 Section 117. 11.31 (1) (de) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,57,12 11.31 (1) (de) Candidates for justice, $300,000.

SB538, s. 118 Section 118. 11.31 (1) (e) and (f) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed and recreated to read:

SB538,57,17 11.31 (1) (e) Candidates for state senator, $100,000 total in the primary and election, with disbursements not exceeding $72,000 for either the primary or the election.

SB538,57,20 (f) Candidates for representative to the assembly, $50,000 total in the primary and election, with disbursements not exceeding $36,000 for either the primary or the election.

SB538, s. 119 Section 119. 11.31 (1m) of the statutes is created to read:

SB538,58,7 11.31 (1m) Disbursement level for candidates in competitive partisan primary elections. The total disbursement level for any candidate for a partisan office at a general or special election whose name appears on the ballot as a candidate for an office at a primary election preceding that election and who receives less than twice as many votes at that primary election as another candidate for the same office within the same political party, and who has an opponent in the general or special election who received at least 6 percent of the votes cast for all candidates for the office that the candidate seeks on all ballots at the September primary or any special primary preceding the general or special election, is 120 percent of the amount specified in sub. (1) for the candidate for the same office who receives the greatest number of votes in the primary election, as adjusted as provided in sub. (9).

SB538, s. 120 Section 120. 11.31 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,58,22 11.31 (2) Limitation imposed. No candidate for state office at a spring or general election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from his or her campaign treasury in any campaign to the extent of more than the amount prescribed in sub. (1) or (1m), whichever is applicable, adjusted as provided under sub. (9), unless the board determines that the candidate is not eligible to receive a grant or sub. (3p) applies. No candidate for state office at a special election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from his or her campaign treasury in any campaign to the extent of more than the amount prescribed under sub. (1), adjusted as provided under sub. (9), for the preceding spring or general election for the same office, unless the board determines that the candidate is not eligible to receive a grant or sub. (3p) applies.

SB538, s. 121 Section 121. 11.31 (2m) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed:

SB538, s. 122 Section 122. 11.31 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,59,8 11.31 (3) Gubernatorial campaigns. For purposes of compliance with the limitations imposed under sub. (2), candidates for governor and lieutenant governor of the same political party who both accept grants from the Wisconsin election campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b), adjusted as provided under sub. (9), and reallocate the total level between them. The candidates shall each inform the board of any such agreement.

SB538, s. 123 Section 123. 11.31 (3p) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,59,14 11.31 (3p) Candidates receiving additional grants; exception. If a candidate receives a grant under s. 11.50 (9) (b), (ba), or (bb), the disbursement limitation of that candidate for the campaign in which the grant is received is increased by the amount of that grant.

SB538, s. 124 Section 124. 11.31 (9) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,59,20 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.

SB538,60,8 (b) The dollar amounts of all disbursement limitations specified in sub. (1) shall be subject to a cost-of-living adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for calendar year 2005. For each biennium, the board shall adjust the disbursement limitations specified under sub. (1) by that percentage to the extent required to reflect any difference, rounded to the nearest multiple of $25 in the case of amounts of $1 or more, which amount shall 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.

SB538, s. 125 Section 125. 11.38 (1) (a) 2. of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,61,2 11.38 (1) (a) 2. Notwithstanding subd. 1., any such corporation or association may establish and administer a separate segregated fund and solicit contributions from individuals to the fund to be utilized by such corporation or association, for the purpose of supporting or opposing any candidate for state or local office but the corporation or association may not make any contribution to the fund. The fund shall appoint a treasurer and shall register as a political committee under s. 11.05. A parent corporation or association engaging solely in this activity is not subject to registration under s. 11.05, but shall register and file special reports on forms prescribed by the board disclosing its administrative and solicitation expenses on behalf of such fund. A corporation not domiciled in this state need report only its expenses for administration and solicitation of contributions in this state together with a statement indicating where information concerning other administration and solicitation expenses of its fund may be obtained. The reports shall be filed with the filing officer for the fund specified in s. 11.02 in the manner provided under s. 11.21 (16), if applicable, or otherwise in the manner in which continuing reports are filed under s. 11.20 (4) and (8).

SB538, s. 126 Section 126. 11.38 (6) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,61,8 11.38 (6) Any individual or campaign treasurer who receives funds in violation of this section shall promptly return such funds to the contributor, donate the funds to the common school fund or a charitable organization or transfer the funds to the board for deposit in the Wisconsin election campaign fund, at the treasurer's option.