SB538: Bill Text

SB538, s. 152 Section 152. 11.50 (6) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,72,19 11.50 (6) Excess moneys. If the amounts which are to be apportioned to each eligible candidate 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.

SB538, s. 153 Section 153. 11.50 (7) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,72,24 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:

SB538, s. 154 Section 154. 11.50 (8) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,73,10 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.

SB538, s. 155 Section 155. 11.50 (9) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,74,9 11.50 (9) (a) Amount of grants. Except as provided in this paragraph and pars. (b), (ba), and (bb) the total grant available to an eligible candidate may not exceed an amount equal to the lesser of 45 percent of the disbursement level specified for the office that the candidate seeks, 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) or that amount which, when added to all other contributions accepted by the candidate, is equal to 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) but without respect to any adjustment under s. 11.31 (1m). Except as provided in pars. (b), (ba), and (bb), the total grant available to an eligible candidate who qualifies for a grant for primary campaign expenses under sub. (4m) may not exceed an amount equal to the lesser of 55 percent of the disbursement level specified for the office that the candidate seeks, 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), or that amount which, when added to all other contributions accepted by the candidate, is equal to the disbursement level specified for the office that the candidate seeks, 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). 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.

SB538,74,22 (b) If an eligible candidate who accepts a grant is opposed by one or more candidates in a general or special election whose names are certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot, and if a committee receives any contribution or contributions that are intended to be used or that are used to oppose the election of the eligible candidate who accepts a grant or to support a certified opponent of that candidate without cooperation or consultation with any certified opposing candidate or such a candidate's agent or authorized committee, and not in concert with, or at the request or suggestion of any certified opposing candidate's agent or authorized committee, then the board shall make an additional grant to the eligible candidate who accepts a grant in an amount equal to the total amount of contributions received for the purpose of advocating the election of the certified opposing candidate or for the purpose of opposing the election of the eligible candidate who accepts the grant, as reported by committees under s. 11.12 (6) (c).

SB538,75,6 (ba) 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 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 without respect to any adjustment under s. 11.31 (1m).

SB538,75,17 (bb) If the sum of the aggregate obligations incurred and disbursements made by committees against an eligible candidate and the aggregate obligations incurred and disbursements made by committees for that candidate's opponent, as reported under s. 11.12 (6) (c), less disbursements made in payment of obligations previously reported, exceeds 10 percent of the amount specified under 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), but without respect to any adjustment under s. 11.31 (1m), then the board shall make an additional grant to the eligible candidate equal in an amount to that sum, to the extent that the sum exceeds the amount of any additional grant under par. (b) attributable to contributions received by the committees incurring the obligations or making the disbursements.

SB538, s. 156 Section 156. 11.50 (10) of the statutes is created to read:

SB538,75,21 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).

SB538, s. 157 Section 157. 11.50 (10m) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,76,5 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).

SB538, s. 158 Section 158. 11.50 (11) (a) of the statutes is amended to read:

SB538,76,8 11.50 (11) (a) No Except as authorized for candidates who are awarded grants under sub. (4m), no grant may be utilized in any primary.

SB538, s. 159 Section 159. 11.50 (11) (e) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,76,13 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.

SB538, s. 160 Section 160. 11.50 (13) of the statutes is amended to read:

SB538,76,16 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.

SB538, s. 161 Section 161. 11.50 (14) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,76,20 11.50 (14) Certifications to secretary of revenue. (a) In each even-numbered year, the board shall certify to the secretary of revenue:

SB538,76,24 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).

SB538,77,3 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.

SB538,77,5 (b) In each certification under this subsection, the board shall specify the expiration date of the certification.

SB538, s. 162 Section 162. 11.60 (3r) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB538, s. 163 Section 163. 11.60 (3s) and (3t) of the statutes are created to read:

SB538,77,18 11.60 (3s) Notwithstanding sub. (1), if any candidate or committee, other than a conduit, accepts a contribution, makes a disbursement, or incurs an obligation to make 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 first registering under s. 11.05 (1), (2), or (2g) to the extent required under s. 11.05 (1), (2), and (2g), or without reporting the information required under s. 11.12 (6) (c) or (8) or 11.20 (3) or (4) with respect to that contribution, disbursement, or obligation, to the extent required under ss. 11.12 (6) (c) and (8) and 11.20 (3) and (4), the candidate or other individual or committee may be required to forfeit not more than $500 per day for each day of continued violation.

SB538,77,24 (3t) Notwithstanding sub. (1), if any candidate or committee, other than a conduit, accepts one or more contributions, makes one or more disbursements, or incurs one or more obligations to make disbursements 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 individual or committee under s. 11.12 (6) (c) or (8) or 11.20 (3) or (4):

SB538,78,3 (a) By more than 5 percent but not more than 10 percent cumulatively, the candidate or other individual or committee shall forfeit 4 times the amount or value of the difference.

SB538,78,6 (b) By more than 10 percent but not more than 15 percent cumulatively, the candidate or other individual or committee shall forfeit 6 times the amount or value of the difference.

SB538,78,8 (c) By more than 15 percent cumulatively, the candidate or other individual or committee shall forfeit 8 times the amount of the difference.

SB538, s. 164 Section 164. 11.60 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,79,2 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.

SB538, s. 165 Section 165. 11.61 (1) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,79,6 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.

SB538, s. 166 Section 166. 13.625 (3m) of the statutes is created to read:

SB538,79,12 13.625 (3m) No elective state official and no personal campaign committee of an elective state official may solicit a lobbyist or principal to arrange for another person to make a campaign contribution to that official or personal campaign committee or to another elective state official or the personal campaign committee of that official.

SB538, s. 167 Section 167. 20.510 (1) (q) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,79,19 20.510 (1) (q) Wisconsin election campaign fund. As a continuing appropriation, from the Wisconsin election campaign fund, the moneys determined under s. 11.50 to provide for payments to eligible candidates whose names are certified under s. 7.08 (2) (c) and (cm) and to provide for public information as authorized under s. 11.50 (2m).

SB538, s. 168 Section 168. 20.855 (4) (ba) of the statutes is created to read:

SB538,79,25 20.855 (4) (ba) Wisconsin election campaign fund supplement. A sum sufficient equal to the amounts required to make full payment of grants which candidates qualify to receive from the Wisconsin election campaign fund, to be transferred from the general fund to the Wisconsin election campaign fund no later than the time required to make payments of grants under s. 11.50 (5).

SB538, s. 169 Section 169. 25.42 of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,80,9 25.42 Wisconsin election campaign fund. All moneys appropriated under s. 20.855 (4) (b) and (ba) 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.

SB538, s. 170 Section 170. 71.07 (6s) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB538, s. 171 Section 171. 71.10 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,80,24 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.

SB538,81,12 (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. The secretary shall also provide and highlight a place in the instructions that accompany the return for any information submitted to the secretary by the elections board under s. 11.50 (2m) without cost to the board. 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.

SB538,81,14 (c) The names of individuals making designations under this subchapter shall be strictly confidential.

SB538, s. 172 Section 172. 71.10 (4) (gw) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB538, s. 173 Section 173. 806.04 (11m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,81,23 806.04 (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).

SB538, s. 174 Section 174. 2001 Wisconsin Act 109, section 9115 (2v), (2w) and (2x) are repealed.

SB538, s. 175 Section 175. 2001 Wisconsin Act 109, section 9115 (2y), as last affected by 2003 Wisconsin Act 39, is repealed.

SB538, s. 176 Section 176. 2001 Wisconsin Act 109, section 9132 (4v) is repealed.

SB538, s. 177 Section 177. 2001 Wisconsin Act 109, section 9215 (3v) is repealed.

SB538, s. 178 Section 178. 2001 Wisconsin Act 109, section 9244 (6v) is repealed.

SB538, s. 179 Section 179. 2001 Wisconsin Act 109, section 9315 (2v) and (2w) are repealed.

SB538, s. 180 Section 180. 2001 Wisconsin Act 109, section 9344 (2v) is repealed.

SB538, s. 181 Section 181. 2001 Wisconsin Act 109, section 9415 (1zx), as last affected by 2003 Wisconsin Act 39, is repealed.

SB538, s. 182 Section 182. Nonstatutory provisions.

SB538,82,15 (1) Nonseverability. Notwithstanding section 990.001 (11) of the statutes, if a court finds that all or any portion of sections 11.01 (16) (a) 3., 11.12 (6) (c), 11.26 (8m), or 11.50 (9) (b) or (bb) of the statutes, as affected by this act, is unconstitutional, then sections 11.01 (16) (a) 3., 11.12 (6) (c), 11.26 (8m), and 11.50 (9) (b) and (bb) of the statutes, as affected by this act, are void in their entirety.

SB538,82,19 (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.

SB538,82,23 (3) 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.

SB538, s. 183 Section 183. Appropriation changes.

SB538,83,7 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the elections board under section 20.510 (1) (a) of the statutes, as affected by the acts of 2005, the dollar amount is increased by $76,100 for fiscal year 2005-06 and the dollar amount is increased by $85,100 for fiscal year 2006-07 to increase the authorized FTE positions for the elections board by 1.0 GPR campaign finance investigator position and 1.0 GPR auditor position and to fund supporting expenses for these positions.

SB538, s. 184 Section 184. Initial applicability.

SB538,83,10 (1) Except as provided in subsections (2) and (3), this act first applies to elections held on the day after publication.

SB538,83,15 (2) The treatment of section 71.10 (3) (a) 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.

SB538,83,17 (3) The treatment of section 11.31 (9) of the statutes first applies to adjustments for the biennium beginning on January 1, 2008.

SB538,83,18 (End)