SB538: Bill Text

SB538,22,13 11.001 (2m) The legislature finds a compelling justification for minimal disclosure of all communications made near the time of an election that include a reference to a candidate at that election, an office to be filled at that election, or a political party in order to permit increased funding for candidates who are affected by those communications. This minimal disclosure burden is outweighed by the need to establish an effective funding mechanism for affected candidates to effectively respond to communications that may impact an election.

SB538, s. 12 Section 12. 11.01 (4m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB538, s. 13 Section 13. 11.01 (12s) of the statutes is repealed.

SB538, s. 14 Section 14. 11.01 (12w), (13) and (14) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

SB538, s. 15 Section 15. 11.01 (16) (a) 3. of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,23,2 11.01 (16) (a) 3. A communication that is made by means of one or more communications media, other than a communication that is exempt from reporting under s. 11.29, that is made during the period beginning on the 60th day preceding an election and ending on the date of that election and that includes a reference to a candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that election, a reference to an office to be filled at that election, or a reference to a political party.

SB538, s. 16 Section 16. 11.01 (17g) and (17r) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

SB538, s. 17 Section 17. 11.05 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,23,13 11.05 (1) Committees and groups. (a) Except as provided in s. 9.10 (2) (d), every committee, other than a personal campaign committee, that makes or accepts contributions, incurs obligations, or makes disbursements in a calendar year in an aggregate amount in excess of $25 shall file a statement with the appropriate filing officer giving the information required by sub. (3). In the case of any committee other than a personal campaign committee, the statement shall be filed by the treasurer. A personal campaign committee shall register under sub. (2g).

SB538,23,17 (b) Every political group subject to registration under s. 11.23 which makes or accepts contributions, incurs obligations, or makes disbursements in a calendar year in an aggregate amount in excess of $100 shall file a statement with the appropriate filing officer giving the information required by sub. (3).

SB538, s. 18 Section 18. 11.05 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,24,2 11.05 (2) Individuals. (a) Except as provided in s. 9.10 (2) (d), every individual, other than a candidate or agent of a candidate, who accepts contributions, incurs obligations, or makes disbursements with respect to one or more elections for state or local office in a calendar year in an aggregate amount in excess of $25 shall file a statement with the appropriate filing officer giving the information required by sub. (3). An individual who guarantees a loan on which an individual, committee or group subject to a registration requirement defaults is not subject to registration under this subsection solely as a result of such default.

SB538,24,6 (b) Every individual who accepts contributions, incurs obligations, or makes disbursements with respect to one or more referenda in a calendar year in an aggregate amount in excess of $100 shall file a statement with the appropriate filing officer giving the information required by sub. (3).

SB538, s. 19 Section 19. 11.05 (2r) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed.

SB538, s. 20 Section 20. 11.05 (3) (c) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,24,13 11.05 (3) (c) In the case of a committee, a statement as to whether the committee is a personal campaign committee, a political party committee, a support committee, or a special interest committee.

SB538, s. 21 Section 21. 11.05 (3) (m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,24,18 11.05 (3) (m) In the case of a personal campaign committee, the name of the candidate on whose behalf the committee was formed or intends to operate and the office or offices that the candidate seeks.

SB538, s. 22 Section 22. 11.05 (3) (o) of the statutes is repealed.

SB538, s. 23 Section 23. 11.05 (3) (r) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,24,24 11.05 (3) (r) In the case of a candidate or personal campaign committee of a candidate, the telephone number or numbers and a facsimile transmission number or electronic mail address, if any, at which the candidate may be contacted.

SB538, s. 24 Section 24. 11.05 (3) (s) of the statutes is created to read:

SB538,25,5 11.05 (3) (s) In the case of a registrant that has made a communication identified in s. 11.01 (16) (a) 3., a report containing the information specified in s. 11.06 (1) with respect to any obligation to make a disbursement incurred or any disbursement made for the purpose of making such a communication prior to registration.

SB538, s. 25 Section 25. 11.05 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,25,22 11.05 (5) Change of information. Any change in information previously submitted in a statement of registration shall be reported by the registrant to the appropriate filing officer within 10 days following the change. This period does not apply in case of change of an indication made under s. 11.06 (2m), which shall be reported no later than the date that a registrant is subject to a filing requirement under s. 11.06 (2m). Any such change may be reported only by the individual or by the officer who has succeeded to the position of an individual who signed the original statement; but in the case of a personal campaign committee, a candidate or campaign treasurer may report a change in the statement except as provided in s. 11.10 (2), and in the case of any other committee or group, the chief executive officer or treasurer indicated on the statement may report a change. If a preexisting support committee is adopted by a candidate as his or her personal campaign committee, the candidate shall file an amendment to the committee's statement under this subsection indicating that all information contained in the statement is true, correct and complete.

SB538, s. 26 Section 26. 11.05 (5r) of the statutes is created to read:

SB538,26,2 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.

SB538,26,5 (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.

SB538, s. 27 Section 27. 11.05 (6) of the statutes is amended to read:

SB538,26,10 11.05 (6) Contribution or disbursement from preexisting assets prohibited. Except as provided in subs. (7) and sub. (13), no person, committee, or group subject to a registration requirement may make any contribution or disbursement from property or funds received prior to the date of registration under this section.

SB538, s. 28 Section 28. 11.05 (7) of the statutes is repealed.

SB538, s. 29 Section 29. 11.05 (9) (title) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,26,14 11.05 (9) (title) Deposit of contributions; conduits.

SB538, s. 30 Section 30. 11.05 (9) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,26,21 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.

SB538, s. 31 Section 31. 11.05 (12) (title) of the statutes is amended to read:

SB538,26,23 11.05 (12) (title) Time of registration; acceptance of unlawful contributions.

SB538, s. 32 Section 32. 11.05 (12) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,27,9 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.

SB538, s. 33 Section 33. 11.05 (13) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,27,18 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.

SB538, s. 34 Section 34. 11.06 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,28,2 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2) and (2m) 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:

SB538, s. 35 Section 35. 11.06 (1) (cm) and (dm) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

SB538, s. 36 Section 36. 11.06 (1) (e) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,28,10 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.

SB538, s. 37 Section 37. 11.06 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,28,21 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, and the disbursement does not constitute a contribution to any candidate or other individual, committee, or group, 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.

SB538, s. 38 Section 38. 11.06 (2m) (title) and (a) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed and recreated to read:

SB538,29,19 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.

SB538, s. 39 Section 39. 11.06 (2m) (b) to (d) of the statutes, as created by 2001 Wisconsin Act 109, are repealed and recreated to read:

SB538,30,15 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.

SB538,31,8 (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.

SB538,31,10 (d) If a revocation by a registrant under this subsection is not timely, the registrant violates s. 11.27 (1).

SB538, s. 40 Section 40. 11.06 (3) (b) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,31,15 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:

SB538, s. 41 Section 41. 11.06 (3m) of the statutes is repealed.

SB538, s. 42 Section 42. 11.06 (3r) of the statutes is repealed.

SB538, s. 43 Section 43. 11.06 (3w) of the statutes is repealed.

SB538, s. 44 Section 44. 11.06 (4) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,31,25 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. 11.21 (16).

SB538, s. 45 Section 45. 11.06 (4) (e) of the statutes is repealed.

SB538, s. 46 Section 46. 11.06 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,32,13 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. 11.21 (16), at the times specified in s. 11.21 (16). 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.

SB538, s. 47 Section 47. 11.06 (7m) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,33,5 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).

SB538, s. 48 Section 48. 11.06 (7m) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,33,12 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.

SB538, s. 49 Section 49. 11.06 (7m) (c) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,33,20 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.

SB538, s. 50 Section 50. 11.06 (11) (bm) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB538, s. 51 Section 51. 11.06 (11) (c) of the statutes is amended to read:

SB538,34,3 11.06 (11) (c) A contribution of money received from a conduit, accompanied by the information required under par. (a), is considered to be a contribution from the original contributor for the purposes of ss. 11.26 (1) and (4) and 11.50 (2) (b) 5.

SB538, s. 52 Section 52. 11.07 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,34,15 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.

SB538, s. 53 Section 53. 11.07 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,34,23 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.

SB538, s. 54 Section 54. 11.09 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,35,12 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 reports under s. 11.21 (16).

SB538, s. 55 Section 55. 11.10 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,36,5 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.

SB538, s. 56 Section 56. 11.12 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,36,12 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.

SB538, s. 57 Section 57. 11.12 (2m) of the statutes is created to read:

SB538,36,21 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.

SB538, s. 58 Section 58. 11.12 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,37,3 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. 11.21 (16), in accordance with s. 11.21 (16). Except as permitted under s. 11.06 (2), each report shall contain the information which is required under s. 11.06 (1).

SB538, s. 59 Section 59. 11.12 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB538,37,18 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. This subsection does not apply to a registrant who or which files reports under s. 11.21 (16).