SB538: Bill Text

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SB538, s. 114 Section 114. 11.265 of the statutes is repealed.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 of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read: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SB538, s. 116 Section 116. 11.31 (1) (a) to (d) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed and recreated to read: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SB538, s. 117 Section 117. 11.31 (1) (de) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read: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SB538, s. 118 Section 118. 11.31 (1) (e) and (f) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed and recreated to read: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.

SB538, s. 127 Section 127. 11.38 (8) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,61,22 11.38 (8) (b) Except as authorized in s. 11.05 (12) (b) and (13), prior to making any disbursement on behalf of a political group which is promoting or opposing a particular vote at a referendum and prior to accepting any contribution or making any disbursement to promote or oppose a particular vote at a referendum, a corporation or association organized under ch. 185 shall register with the appropriate filing officer specified in s. 11.02 and appoint a treasurer. The registration form of the corporation or association under s. 11.05 shall designate an account separate from all other corporation or association accounts as a campaign depository account, through which all moneys received or expended for the adoption or rejection of the referendum shall pass. The corporation or association shall file reports under s. 11.20 and under s. 11.21 (16), if applicable, providing the information required under s. 11.06 (1).

SB538, s. 128 Section 128. 11.385 of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB538, s. 129 Section 129. 11.50 (1) (a) 1. of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,62,4 11.50 (1) (a) 1. For purposes of qualification for a grant from the general account:

SB538,62,12 1. a. With respect to a spring or general election, any individual who is certified under s. 7.08 (2) (a) as a candidate in the spring election for justice or state superintendent, or an individual who receives at least 6 percent of the vote cast for all candidates on all ballots for any state office, except district attorney, for which the individual is a candidate at the September primary and who is certified under s. 7.08 (2) (a) as a candidate for that office in the general election, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at the spring or general election; and who has qualified for a grant under sub. (2).

SB538,63,7 b. With respect to a special election, an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for state superintendent, or an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for any state office, except district attorney, on the ballot or column of a party whose candidate for the same office at the preceding general election received at least 6 percent of the vote cast for all candidates on all ballots for the office, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at a special election, or an individual who receives at least 6 percent of the vote cast for all candidates on all ballots for any state office, except district attorney, at a partisan special election; and who qualifies for a grant under sub. (2). Where the boundaries of a district in which an individual seeks office have been changed since the preceding general election such that it is not possible to calculate the exact number of votes that are needed by that individual to qualify as an eligible candidate prior to an election under this subdivision, the number of votes cast for all candidates for the office at the preceding general election in each ward, combination of wards or municipality which is wholly contained within the boundaries of the newly formed district shall be calculated. If the candidate of the political party on whose ballot or column the individual appears in the newly formed district obtained at least 6 percent of the number of votes calculated, the individual is deemed to qualify as an eligible candidate prior to the election under this subdivision.

SB538, s. 130 Section 130. 11.50 (1) (a) 2. of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,64,4 11.50 (1) (a) 2. With respect to a special election, an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for state superintendent, or an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for any state office, except district attorney, on the ballot or column of a party whose candidate for the same office at the preceding general election received at least 6 percent of the vote cast for all candidates on all ballots for the office, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at a special election, or an individual who receives at least 6 percent of the vote cast for all candidates on all ballots for any state office, except district attorney, at a partisan special election; and who qualifies for a grant under sub. (2). Where the boundaries of a district in which an individual seeks office have been changed since the preceding general election such that it is not possible to calculate the exact number of votes that are needed by that individual to qualify as an eligible candidate prior to an election under this subdivision, the number of votes cast for all candidates for the office at the preceding general election in each ward, combination of wards or municipality which is wholly contained within the boundaries of the newly formed district shall be calculated. If the candidate of the political party on whose ballot or column the individual appears in the newly formed district obtained at least 6 percent of the number of votes calculated, the individual is deemed to qualify as an eligible candidate prior to the election under this subdivision.

SB538, s. 131 Section 131. 11.50 (1) (a) 2m. of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,64,12 11.50 (1) (a) 2m. For purposes of qualification for a grant from a political party account, an individual who is certified under s. 7.08 (2) (a) in the general election or a special election as the candidate of an eligible political party for a state office, other than district attorney, or an individual who has been lawfully appointed and certified to replace such an individual on the ballot at the general or a special election and who has qualified for a grant under sub. (2).

SB538, s. 132 Section 132. 11.50 (1) (am) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,64,15 11.50 (1) (am) "Eligible political party" means any of the following:

SB538,64,20 1. A party qualifying under s. 5.62 (2) for a separate ballot or one or more separate columns or rows on a ballot for the period beginning on the preceding June 1, or, if that June 1 is in an odd-numbered year, the period beginning on June 1 of the preceding even-numbered year, and ending on May 31 of the 2nd year following the beginning of that period.

SB538,64,24 2. A party qualifying under s. 5.62 (1) (b) for a separate ballot or one or more separate columns or rows on a ballot for the period beginning on the date of the preceding general election and ending on the day before the general election that follows that election.

SB538, s. 133 Section 133. 11.50 (1) (bm) and (cm) of the statutes, as created by 2001 Wisconsin Act 109, are repealed and recreated to read:

SB538,65,4 11.50 (1) (bm) "General account" means the account in the fund created under sub. (2w).

SB538,65,6 (cm) "Political party account" means an account in the fund created under sub. (2s).

SB538, s. 134 Section 134. 11.50 (2) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,66,4 11.50 (2) (a) Any individual who desires to qualify as an eligible candidate may file an application with the board requesting approval to participate in the fund. The application shall be filed no later than the applicable deadline for filing nomination papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a), or 8.50 (3) (a), no later than 4:30 p.m. on the 7th day after the primary or date on which the primary would be held if required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in the case of candidates appointed to fill vacancies. The application shall contain a sworn statement that the candidate and his or her authorized agents have complied with the contribution limitations prescribed in s. 11.26 and the disbursement limitations imposed under s. 11.31 (2), as adjusted under s. 11.31 (9), at all times to which such limitations have applied to his or her candidacy and will continue to comply with the limitations at all times to which the limitations apply to his or her candidacy for the office in contest, unless the board determines that the candidate is not eligible to receive a grant or s. 11.31 (3p) applies. The application shall also contain a sworn statement that the candidate and his or her agents have not accepted any contribution made by a committee other than a political party committee during the campaign, or, if any such contribution has been accepted, that the contribution has been returned or donated as provided in par. (j), and the candidate and his or her agents will not accept any such contribution during the campaign, unless the candidate is determined by the board to be ineligible to receive a grant after the date of that determination.

SB538, s. 135 Section 135. 11.50 (2) (b) 3. of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,66,8 11.50 (2) (b) 3. The candidate has an opponent who is certified for placement on the election ballot as a candidate for the same office;

SB538, s. 136 Section 136. 11.50 (2) (b) 4. of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,66,14 11.50 (2) (b) 4. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that his or her statement filed with the application under par. (a) is true; and

SB538, s. 137 Section 137. 11.50 (2) (b) 5. of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,67,12 11.50 (2) (b) 5. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received an amount equal to at least 3 percent of the applicable authorized disbursement limitation, as determined under s. 11.31 (1) and adjusted under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m), from contributions of money, other than loans, made by individuals who reside in this state and, in the case of a candidate for legislative office, by individuals at least 50 percent of whom reside in a county having territory within the legislative district in which the candidate seeks office, which contributions have been received during the period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding such date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days preceding such date or the date a special election is ordered, whichever is earlier, in the case of candidates at a special election, which contributions are in the aggregate amount of $100 or less, and which contributions are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage.

SB538, s. 138 Section 138. 11.50 (2) (b) 6. of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB538, s. 139 Section 139. 11.50 (2) (c) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,68,5 11.50 (2) (c) If a candidate has not filed financial reports as of the date of the spring primary, September primary, special primary, or date that the special primary would be held, if required, which indicate that he or she has met the qualification under par. (b) 5., the candidate may file a special report with the board. Such report shall be filed not later than the 7th day after the primary, or 7th day after the date the primary would be held, if required, and shall include such supplementary information as to sources of contributions which may be necessary to complete the candidate's qualification. The special report shall cover the period from the day after the last date covered on the candidate's most recent report, or from the date on which the first contribution was received or the first disbursement was made, whichever is earlier, if the candidate has not previously filed a report, to the date of such report. All information included on the special report shall also be included in the candidate's next report under s. 11.20. This paragraph does not apply to a candidate who files reports under s. 11.21 (16).

SB538, s. 140 Section 140. 11.50 (2) (f) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,68,14 11.50 (2) (f) The board shall inform each candidate in writing of the approval or disapproval of the candidate's application, as promptly as possible after the date of the spring primary, September primary, special primary, or date that the primary would be held, if required. With respect to a candidate at a special election who applies for a postelection grant under sub. (1) (a) 2., the board shall inform the candidate in writing of the conditional approval or disapproval of the candidate's application at the same time.

SB538, s. 141 Section 141. 11.50 (2) (g) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,68,23 11.50 (2) (g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the contribution limitations prescribed in s. 11.26 and the disbursement limitations imposed under s. 11.31 (2), as adjusted under s. 11.31 (9), as binding upon himself or herself and his or her agents during the campaign of that candidate as defined in s. 11.31 (7), as a precondition to receipt of a grant under this section, unless the board determines that the candidate is not eligible to receive a grant or s. 11.31 (3p) applies.

SB538, s. 142 Section 142. 11.50 (2) (h) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed.

SB538, s. 143 Section 143. 11.50 (2) (i) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed.

SB538, s. 144 Section 144. 11.50 (2) (j) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,69,14 11.50 (2) (j) If a candidate who desires to apply for a grant has accepted, or the candidate's personal campaign committee has accepted, a contribution from a committee other than a political party committee during the campaign for the office that the candidate seeks, the candidate shall, before filing an application to receive a grant, return the contribution or its monetary equivalent to the contributor, or, at the contributor's option, donate an amount equal to the contribution to the fund or to the common school fund. If the board later determines that the candidate is ineligible to receive a grant, the candidate may then accept contributions from committees other than political party committees after the date of that determination.

SB538, s. 145 Section 145. 11.50 (2m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,69,22 11.50 (2m) Public Information. (a) Annually, no later than September 1, the board may notify the state treasurer that an amount not exceeding 5 percent of the amount transferred to the fund in that year shall be placed in a public information account. Moneys in this account shall be expended by the board for the purpose of providing public information concerning the purpose and effect of this section and s. 71.10 (3).

SB538,69,25 (b) As part of the public information program under par. (a), the board shall prepare an easily understood description of the purpose and effect of this section and s. 71.10 (3).

SB538,70,2 (c) Any amount placed in the public information account that is not expended by the board in any year shall be retained in that account.

SB538, s. 146 Section 146. 11.50 (2s) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,70,7 11.50 (2s) Political party accounts. (a) There is established a political party account for each eligible political party. Each political party account consists of all moneys designated by individuals for deposit in that account under s. 71.10 (3) (a).

SB538,70,13 (b) From the account of each eligible political party, the board shall apportion moneys to eligible candidates representing that party who qualify to receive grants. Whenever an eligible candidate representing an eligible political party receives a grant, the state treasurer shall first make payment of the grant from the political party account of that party, to the extent that sufficient moneys are available in that account to make payment of the grant.

SB538,70,16 (c) If a political party for which an account is established under this subsection ceases to be an eligible political party, the board shall transfer the unencumbered balance of that account to the general account.

SB538, s. 147 Section 147. 11.50 (2w) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,70,21 11.50 (2w) General account. There is established a general account within the fund consisting of all moneys designated by individuals for deposit in that account under s. 71.10 (3) (a).

SB538, s. 148 Section 148. 11.50 (3) of the statutes is repealed.

SB538, s. 149 Section 149. 11.50 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,71,9 11.50 (4) 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 insufficient moneys in the general account to make full payment of a grant, the state treasurer shall supplement the general account from the appropriation under s. 20.855 (4) (ba) in an amount sufficient to make full payment of the grant. Except as provided in subs. (4m) and (10), the amount of each grant is the amount specified in sub. (9).

SB538, s. 150 Section 150. 11.50 (4m) of the statutes is created to read:

SB538,71,20 11.50 (4m) Grants for primary campaigns. If an eligible candidate who qualifies to receive a grant in a spring, general, or special election was opposed in the spring or September primary, or in a special primary, by a candidate who qualified to have his or her name appear on the primary ballot and the eligible candidate won nomination in that primary, the board shall award to that candidate the primary grant specified in sub. (9) (a) at the same time that grants are distributed under that paragraph for the spring, general, or special election, provided that the candidate has filed with the board, no later than the time specified in s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a), or 8.50 (3) (a) nomination papers containing at least the following number of valid signatures of electors for the office that the candidate seeks:

SB538,71,21 (a) For candidates for statewide offices, not less than 4,000 electors.

SB538,71,22 (b) For candidates for state senator, not less than 800 electors.

SB538,71,23 (c) For candidates for representative to the assembly, not less than 400 electors.

SB538, s. 151 Section 151. 11.50 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,72,5 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) (a) 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.

SB538,72,11 (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 supplemental grants under sub. (9) (b), (ba), or (bb) for which the candidate qualifies immediately following notice from the board under s. 7.08 (2) (c) or (cm).

SB538,72,13 (c) Eligible candidates for governor and lieutenant governor of the same political party may combine campaign depository accounts if desired.