SB538: Bill Text

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SB538, s. 164 Section 164. 11.60 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read: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