SB538, s. 28
11Section
28. 11.05 (7) of the statutes is repealed.
SB538,26,1414
11.05
(9) (title)
Deposit of contributions; conduits.
SB538,26,2117
11.05
(9) (b) An individual who or a committee or group which receives a
18contribution of money and transfers the contribution to another individual,
19committee, or group while acting as a conduit is not subject to registration under this
20section unless the individual, committee, or group transfers the contribution to a
21candidate or a personal campaign, political party, or support committee.
SB538, s. 31
22Section
31. 11.05 (12) (title) of the statutes is amended to read:
SB538,26,2323
11.05
(12) (title)
Time of registration; acceptance of unlawful contributions.
SB538,27,9
111.05
(12) (b) Except as authorized under sub. (13), a committee, group, or
2individual other than a candidate or agent of a candidate shall comply with sub. (1)
3or (2) no later than the 5th business day commencing after receipt of the first
4contribution by such committee, group, or individual, and before making any
5disbursement. No committee, group, or individual, other than a candidate or agent
6of a candidate, may accept any contribution or contributions exceeding the amount
7specified in sub. (1) or (2) during a calendar year at any time when the committee,
8group, or individual is not registered under this section except within the initial
95-day period authorized by this paragraph.
SB538,27,1812
11.05
(13) Bank account and postal box; exemption. An individual, committee,
13or group does not violate this section by accepting a contribution and making a
14disbursement in the amount required to rent a postal box, or in the minimum amount
15required by a bank or trust company to open a checking account, prior to the time of
16registration, if the disbursement is properly reported on the first report submitted
17under s. 11.20 or 11.21 (16) after the date that the individual, committee, or group
18is registered, whenever a reporting requirement applies to the registrant.
SB538,28,221
11.06
(1) Contents of report. (intro.) Except as provided in subs. (2) and (2m)
22and s. 11.19 (2), each registrant under s. 11.05 shall make full reports, upon a form
23prescribed by the board and signed by the appropriate individual under sub. (5), of
24all contributions received, contributions or disbursements made, and obligations
1incurred. Each report shall contain the following information, covering the period
2since the last date covered on the previous report, unless otherwise provided:
SB538,28,107
11.06
(1) (e) An itemized statement of contributions over $20 from a single
8source donated to a charitable organization or to the common school fund, with the
9full name and mailing address of the donee, and a statement of contributions over
10$20 transferred to the board for deposit in the Wisconsin election campaign fund.
SB538,28,2113
11.06
(2) Disclosure of certain indirect disbursements. Notwithstanding
14sub. (1), if a disbursement is made or obligation incurred by an individual other than
15a candidate or by a committee or group which is not primarily organized for political
16purposes, and the disbursement does not constitute a contribution to any candidate
17or other individual, committee, or group, the disbursement or obligation is required
18to be reported only if the purpose is to expressly advocate the election or defeat of a
19clearly identified candidate or the adoption or rejection of a referendum. The
20exemption provided by this subsection shall in no case be construed to apply to a
21political party, personal campaign, or support committee.
SB538,29,1924
11.06
(2m) (title)
General reporting exemptions. (a) Any person, committee,
25or group, other than an individual or committee required to file an oath under sub.
1(7), who or which does not anticipate accepting contributions, making
2disbursements, or incurring obligations in an aggregate amount in excess of $1,000
3in a calendar year and does not anticipate accepting any contribution or
4contributions from a single source, other than contributions made by a candidate to
5his or her own campaign, exceeding $100 in that year may indicate on its registration
6statement that the person, committee, or group will not accept contributions, incur
7obligations, or make disbursements in the aggregate in excess of $1,000 in any
8calendar year and will not accept any contribution or contributions from a single
9source, other than contributions made by a candidate to his or her own campaign,
10exceeding $100 in any calendar year. Any registrant making such an indication is
11not subject to any filing requirement if the statement is true. The registrant need
12not file a termination report. A registrant not making such an indication on a
13registration statement is subject to a filing requirement. The indication may be
14revoked and the registrant is then subject to a filing requirement as of the date of
15revocation, or the date that aggregate contributions, disbursements, or obligations
16for the calendar year exceed $1,000, or the date on which the registrant accepts any
17contribution or contributions exceeding $100 from a single source, other than
18contributions made by a candidate to his or her own campaign, during any calendar
19year, whichever is earlier.
SB538,30,1522
11.06
(2m) (b) Any individual or committee who or which is required to file an
23oath under sub. (7) and who or which accepts contributions, makes disbursements,
24or incurs obligations for the purpose of supporting or opposing one or more
25candidates for state office and who or which does not anticipate accepting
1contributions, making disbursements, or incurring obligations in an aggregate
2amount in excess of $1,000 in a calendar year and does not anticipate accepting any
3contribution or contributions from a single source exceeding $100 in that year may
4indicate on its registration statement that the individual or committee will not
5accept contributions, incur obligations, or make disbursements in the aggregate in
6excess of $1,000 in any calendar year and will not accept any contribution or
7contributions from a single source exceeding $100 in any calendar year. Any
8registrant making such an indication is not subject to any filing requirement if the
9statement is true. The registrant need not file a termination report. A registrant not
10making such an indication on a registration statement is subject to a filing
11requirement. The indication may be revoked and the registrant is then subject to a
12filing requirement as of the date of revocation, or the date on which aggregate
13contributions, disbursements, or obligations for the calendar year exceed $1,000, or
14the date on which the registrant accepts any contribution or contributions exceeding
15$100 from a single source during any calendar year, whichever is earlier.
SB538,31,816
(c) Any individual or committee who or which is required to file an oath under
17sub. (7) and who or which accepts contributions, makes disbursements, or incurs
18obligations for the purpose of supporting or opposing one or more candidates for local
19office but not for the purpose of supporting or opposing any candidate for state office
20and who or which does not anticipate accepting contributions, making
21disbursements, or incurring obligations in an aggregate amount in excess of $100 in
22a calendar year may indicate on its registration statement that the individual or
23committee will not accept contributions, incur obligations, or make disbursements
24in the aggregate in excess of $100 in any calendar year and will not accept any
25contribution or contributions from a single source, other than contributions made by
1a candidate to his or her own campaign, exceeding $100 in any calendar year. Any
2registrant making such an indication is not subject to any filing requirement if the
3statement is true. The registrant need not file a termination report. A registrant not
4making such an indication on a registration statement is subject to a filing
5requirement. The indication may be revoked and the registrant is then subject to a
6filing requirement as of the date of revocation, or the date that aggregate
7contributions, disbursements, or obligations for the calendar year exceed $100,
8whichever is earlier.
SB538,31,109
(d) If a revocation by a registrant under this subsection is not timely, the
10registrant violates s. 11.27 (1).
SB538,31,1513
11.06
(3) (b) (intro.) A nonresident registrant that makes a report under sub.
14(1) shall ensure that the report separately states information under sub. (1)
15concerning all of the following, in a manner prescribed by the board:
SB538, s. 41
16Section
41. 11.06 (3m) of the statutes is repealed.
SB538, s. 42
17Section
42. 11.06 (3r) of the statutes is repealed.
SB538, s. 43
18Section
43. 11.06 (3w) of the statutes is repealed.
SB538,31,2521
11.06
(4) (b) Unless it is returned or donated within 15 days of receipt, a
22contribution must be reported as received and accepted on the date received. This
23paragraph applies notwithstanding the fact that the contribution is not deposited in
24a campaign depository account by the closing date for a reporting period as provided
25in s. 11.20 (8) or the reporting deadline provided in s. 11.21 (16).
SB538, s. 45
1Section
45. 11.06 (4) (e) of the statutes is repealed.
SB538,32,134
11.06
(5) Report must be complete. A registered individual or treasurer of a
5group or committee shall make a good faith effort to obtain all required information.
6The first report shall commence no later than the date that the first contribution is
7received and accepted or the first disbursement is made. Each report shall be filed
8with the appropriate filing officer on the dates designated in s. 11.20 and, if the
9registrant files reports under s. 11.21 (16), at the times specified in s. 11.21 (16). The
10individual or the treasurer of the group or committee shall certify to the correctness
11of each report. In the case of a candidate, the candidate or treasurer shall certify to
12the correctness of each report. If a treasurer is unavailable, any person designated
13as a custodian under s. 11.05 (3) (e) may certify to the correctness of a report.
SB538,33,516
11.06
(7m) (a) If a committee which was registered under s. 11.05 as a political
17party committee supporting candidates of a political party files an oath under sub.
18(7) affirming that it does not act in cooperation or consultation with any candidate
19who is nominated to appear on the party ballot of the party at a general or special
20election, that the committee does not act in concert with, or at the request or
21suggestion of, such a candidate, that the committee does not act in cooperation or
22consultation with such a candidate or agent or authorized committee of such a
23candidate who benefits from a disbursement made in opposition to another
24candidate, and that the committee does not act in concert with, or at the request or
25suggestion of, such a candidate or agent or authorized committee of such a candidate
1who benefits from a disbursement made in opposition to another candidate, the
2committee filing the oath may not make any contributions in support of any
3candidate of the party at the general or special election or in opposition to any such
4candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as
5authorized in par. (c).
SB538,33,128
11.06
(7m) (b) If the committee has already made contributions in excess of the
9amounts specified in s. 11.26 (2) at the time that it files an oath under sub. (7), each
10candidate to whom contributions are made shall promptly return a sufficient amount
11of contributions to bring the committee into compliance with this subsection and the
12committee may not make any additional contributions in violation of this subsection.
SB538,33,2015
11.06
(7m) (c) A committee filing an oath under sub. (7) which desires to change
16its status to a political party committee may do so as of December 31 of any
17even-numbered year. Section 11.26 does not apply to contributions received by such
18a committee prior to the date of the change. Such a committee may change its status
19at other times only by filing a termination statement under s. 11.19 (1) and
20reregistering as a newly organized committee under s. 11.05.
SB538, s. 51
23Section
51. 11.06 (11) (c) of the statutes is amended to read:
SB538,34,3
111.06
(11) (c) A contribution of money received from a conduit, accompanied by
2the information required under par. (a), is considered to be a contribution from the
3original contributor
for the purposes of ss. 11.26 (1) and (4) and 11.50 (2) (b) 5.
SB538,34,156
11.07
(1) Every nonresident committee or group making contributions and
7every nonresident individual, committee, or group making disbursements exceeding
8the amount specified in s. 11.05 (1) or (2) in a calendar year within this state shall
9file the name, mailing and street address and the name and the mailing and street
10address of a designated agent within the state with the office of the secretary of state.
11An agent may be any adult individual who is a resident of this state. After any
12change in the name or address of such agent the new address or name of the successor
13agent shall be filed within 30 days. Service of process in any proceeding under this
14chapter or ch. 12, or service of any other notice or demand may be made upon such
15agent.
SB538,34,2318
11.07
(5) Any campaign treasurer or individual who knowingly receives a
19contribution made by an unregistered nonresident in violation of this section may
20not use or expend such contribution but shall immediately return it to the source or
21at the option of the campaign treasurer or individual, donate the contribution to a
22charitable organization or to the common school fund or transfer the contribution to
23the board for deposit in the Wisconsin election campaign fund.
SB538,35,12
111.09
(3) Each registrant whose filing officer is the board, who or which makes
2disbursements in connection with elections for offices which serve or referenda
3which affect only one county or portion thereof, except a candidate, personal
4campaign committee, political party committee, or other committee making
5disbursements in support of or in opposition to a candidate for state senator,
6representative to the assembly, court of appeals judge, or circuit judge, shall file a
7duplicate original of each financial report filed with the board with the county clerk
8or board of election commissioners of the county in which the elections in which the
9registrant participates are held. Such reports shall be filed no later than the dates
10specified under s. 11.20 (2) and (4) for the filing of each report with the board. This
11subsection does not apply to a registrant who or which files reports under s. 11.21
12(16).
SB538,36,515
11.10
(1) Each candidate in an election shall appoint one campaign treasurer.
16Except as provided in s. 11.14 (3), each candidate shall designate one campaign
17depository account within 5 business days after the candidate receives his or her first
18contribution and before the candidate makes or authorizes any disbursement in
19behalf of his or her candidacy. If a candidate adopts a preexisting support committee
20as his or her personal campaign committee, the candidate shall make such
21designation within 5 business days of adoption. The person designated as campaign
22treasurer shall be the treasurer of the candidate's personal campaign committee, if
23any. The candidate may appoint himself or herself or any other elector as campaign
24treasurer. A registration statement under s. 11.05 (2g) must be filed jointly by every
25candidate and his or her campaign treasurer. The candidate does not qualify for
1ballot placement until this requirement is met. Except as authorized under s. 11.06
2(5), the campaign treasurer or candidate shall certify as to the correctness of each
3report required to be filed, and the candidate bears the responsibility for the accuracy
4of each report for purposes of civil liability under this chapter, whether or not the
5candidate certifies it personally.
SB538,36,128
11.12
(2) Any anonymous contribution exceeding $10 received by a campaign
9or committee treasurer or by an individual under s. 11.06 (7) may not be used or
10expended. The contribution shall be donated to the common school fund or to any
11charitable organization or transferred to the board for deposit in the Wisconsin
12election campaign fund, at the option of the treasurer.
SB538, s. 57
13Section
57. 11.12 (2m) of the statutes is created to read:
SB538,36,2114
11.12
(2m) If the campaign treasurer of a registrant receives a contribution in
15the form of money that is made by an individual who has made contributions to the
16registrant cumulatively within a calendar year exceeding $100 in amount or value,
17and the contributor has not provided to the treasurer the information required under
18s. 11.06 (1) (b), the treasurer shall obtain the information from the contributor before
19depositing the contribution in the campaign depository account. If the treasurer does
20not receive the information within the period prescribed under s. 11.14 (1), the
21treasurer shall return the contribution to the contributor.
SB538,37,324
11.12
(4) Each registrant shall report contributions, disbursements, and
25incurred obligations in accordance with s. 11.20 and, if the registrant files reports
1under s. 11.21 (16), in accordance with s. 11.21 (16). Except as permitted under s.
211.06 (2), each report shall contain the information which is required under s. 11.06
3(1).
SB538,37,186
11.12
(5) If any contribution or contributions of $500 or more cumulatively are
7received by a candidate for state office or by a committee or individual from a single
8contributor later than 15 days prior to a primary or election such that they are not
9included in the preprimary or preelection report submitted under s. 11.20 (3), the
10treasurer of the committee or the individual receiving the contribution shall, within
1124 hours of receipt, inform the appropriate filing officer of the information required
12under s. 11.06 (1) in such manner as the board may prescribe. The information shall
13also be included in the treasurer's or individual's next regular report. For purposes
14of the reporting requirement under this subsection, only contributions received
15during the period beginning with the day after the last date covered on the
16preprimary or preelection report, and ending with the day before the primary or
17election need be reported. This subsection does not apply to a registrant who or
18which files reports under s. 11.21 (16).
SB538,38,1421
11.12
(6) (a) If an individual or committee incurs an obligation or makes a
22disbursement of more than $20 cumulatively to advocate the election or defeat of a
23clearly identified candidate later than 15 days prior to a primary or election in which
24the candidate's name appears on the ballot without cooperation or consultation with
25a candidate or agent or authorized committee of a candidate who is supported or
1whose opponent is opposed, and not in concert with or at the request or suggestion
2of such a candidate, agent or committee, the individual or treasurer of the committee
3shall, within 24 hours after incurring the obligation or making the disbursement,
4inform the appropriate filing officer of the information required under s. 11.06 (1) in
5such manner as the board may prescribe. For purposes of this paragraph, obligations
6and disbursements cumulate beginning with the day after the last date covered on
7the preprimary or preelection report and ending with the day before the primary or
8election. Upon receipt of a report under this paragraph, the filing officer shall, within
924 hours of receipt, mail a copy of the report to all candidates for any office in support
10of or opposition to one of whom an incurred obligation or disbursement identified in
11the report is incurred or made. A committee that files a report pertaining to a
12disbursement under par. (c) is not required to file a report pertaining to the same
13disbursement under this paragraph. This paragraph does not apply to a committee
14that files reports under s. 11.21 (16).
SB538,39,315
(c) 1. If any committee identified under s. 11.05 (3) (c) as a special interest
16committee, other than a conduit, receives any contribution, makes any
17disbursement, or incurs any obligation to make a disbursement for the purpose of
18advocating the election or defeat of a clearly identified candidate for a state office
19specified in s. 11.31 (1) (a) to (de), (e), or (f) at the general or a special election, or any
20such candidate who seeks a nomination for such an office at a primary election, or
21for a purpose described in s. 11.01 (16) (a) 3., without cooperation or consultation with
22a candidate or agent or authorized committee of a candidate who is supported or
23whose opponent is opposed, and not in concert with or at the request or suggestion
24of such a candidate, agent, or committee, the committee shall report to the board
25within 24 hours thereafter, in such manner as the board may prescribe, the name of
1each candidate who is supported or whose opponent is opposed and the total amount
2of contributions received, disbursements made, and obligations incurred for such a
3purpose in support of or opposition to that candidate.
SB538,39,104
2. A committee which is required to file reports under this paragraph shall also
5report to the board, together with its report under subd. 1., in such manner as the
6board may prescribe, the amount and date of each contribution received,
7disbursement made, or obligation incurred for the purpose of advocating the election
8or defeat of a candidate specified in this paragraph in the manner specified in this
9paragraph, and the name of the candidate in support of or in opposition to whom the
10contribution was received, disbursement made, or obligation incurred.
SB538,39,1311
3. A committee which files a report under this paragraph concerning a
12disbursement is not required to file a report pertaining to the same disbursement
13under par. (a).
SB538,39,1514
(d) All information reported by a registrant under this subsection shall also be
15included in the next regular report of the registrant under s. 11.20.
SB538,40,1018
11.12
(8) If a candidate for a state office specified in s. 11.31 (1) (a) to (de), (e),
19or (f) who does not accept a grant under s. 11.50 makes any disbursement after that
20candidate has accumulated cash in his or her campaign depository account or has
21made disbursements during his or her campaign, as defined in s. 11.31 (7), exceeding
22a combined total of 75 percent of the amount specified in s. 11.31 (1) (a) to (de), (e),
23or (f), as adjusted under s. 11.31 (9), for the office that the candidate seeks, that
24candidate or the candidate's personal campaign committee shall file daily reports
25with the board and with each candidate whose name is certified to appear on the
1ballot for the office in connection with which the disbursement is made, by electronic
2mail or facsimile transmission, on each day beginning with that date or the 7th day
3after the primary election or the date that a primary would be held, if required,
4whichever is later, and ending on the date of the election at which the candidate seeks
5office. Each report shall contain information pertaining to each disbursement made
6by the candidate or committee and shall be filed no later than 24 hours after that
7disbursement is made. Each report shall include the same information concerning
8each disbursement that is required to be reported for other disbursements under s.
911.06 (1). The information shall also be included in the next regular report of the
10candidate or committee under s. 11.20.
SB538,40,16
11(9) Whenever a report is required to be filed with a candidate by electronic mail
12or facsimile transmission under this section, the report shall be filed at the address
13or number of the candidate or personal campaign committee as shown on the
14registration statement of the candidate or committee. If no electronic mail address
15or facsimile transmission number is shown, the report shall be filed at the mailing
16address shown on the statement.
SB538,41,519
11.14
(3) Notwithstanding sub. (1), any candidate who serves as his or her own
20campaign treasurer and who is authorized to make and makes an indication on his
21or her registration statement under s. 11.06 (2m) that he or she will not accept
22contributions, make disbursements, or incur obligations in an aggregate amount
23exceeding $1,000 in a calendar year, and will not accept any contribution or
24contributions from a single source, other than contributions made by the candidate
25to his or her own campaign, exceeding $100 in a calendar year, may designate a single
1personal account as his or her campaign depository account, and may intermingle
2personal and other funds with campaign funds. If a separate depository account is
3later established by the candidate, the candidate shall transfer all campaign funds
4in the personal account to the new depository account. Disbursements made from
5such personal account need not be identified in accordance with s. 11.16 (3).
SB538,41,158
11.16
(2) Limitation on cash contributions. Every contribution of money
9exceeding $50 shall be made by negotiable instrument or evidenced by an itemized
10credit card receipt bearing on the face the name of the remitter. No treasurer may
11accept a contribution made in violation of this subsection. The treasurer shall
12promptly return the contribution, donate the contribution to the common school fund
13or to a charitable organization, or transfer the contribution to the board for deposit
14in the Wisconsin election campaign fund in the event that the donor cannot be
15identified.
SB538,42,718
11.16
(5) Escrow agreements. Any personal campaign committee or political
19party committee may, pursuant to a written escrow agreement with more than one
20candidate, solicit contributions for and conduct a joint fund raising effort or program
21on behalf of more than one named candidate. The agreement shall specify the
22percentage of the proceeds to be distributed to each candidate by the committee
23conducting the effort or program. The committee shall include this information in
24all solicitations for the effort or program. All contributions received and
25disbursements made by the committee in connection with the effort or program shall
1be received and disbursed through a separate depository account under s. 11.14 (1)
2that is identified in the agreement. For purposes of s. 11.06 (1), the committee
3conducting the effort or program shall prepare a schedule in the form prescribed by
4the board supplying all required information under s. 11.06 (1) and items qualifying
5for exclusion under s. 11.31 (6) for the effort or program, and shall transmit a copy
6of the schedule to each candidate who receives any of the proceeds within the period
7prescribed in s. 11.06 (4) (c).
SB538, s. 65
8Section
65. 11.19 (title) of the statutes is repealed and recreated to read:
SB538,42,10
911.19 (title)
Carry-over of surplus funds; dissolution of registrants;
10termination reports.
SB538,43,513
11.19
(1) Whenever any registrant disbands or determines that obligations will
14no longer be incurred, and contributions will no longer be received nor disbursements
15made during a calendar year, and the registrant has no outstanding incurred
16obligations, the registrant shall file a termination report with the appropriate filing
17officer. Such report shall indicate a cash balance on hand of zero at the end of the
18reporting period and shall indicate the disposition of residual funds. Residual funds
19may be used for any political purpose not prohibited by law, returned to the donors
20in an amount not exceeding the original contribution, transferred to the board for
21deposit in the Wisconsin election campaign fund, or donated to a charitable
22organization or the common school fund. The report shall be filed and certified as
23were previous reports, and shall contain the information required by s. 11.06 (1). A
24registrant to which s. 11.055 (1) applies shall pay the fee imposed under that
25subsection with a termination report filed under this subsection. If a termination
1report or suspension report under sub. (2) is not filed, the registrant shall continue
2to file periodic reports with the appropriate filing officer, no later than the dates
3specified in s. 11.20 and, if the registrant files reports under s. 11.21 (16), no later
4than the times specified in s. 11.21 (16). This subsection does not apply to any
5registrant making an indication under s. 11.06 (2m).
SB538,43,178
11.20
(1) All reports required by s. 11.06 which relate to activities which
9promote or oppose candidates for state office or statewide referenda and all reports
10under s. 11.08 shall be filed with the board. All reports required by s. 11.06 which
11relate to activities which promote or oppose candidates for local office or local
12referenda shall be filed with the appropriate filing officer under s. 11.02, except
13reports filed under s. 11.08. Each registrant shall file the reports required by this
14section. If the registrant is subject to a requirement under s. 11.21 (16) to report
15electronically the same information that is reportable under this section, the
16registrant shall, in addition, file the reports required by this section recorded on a
17medium specified by the board.
SB538,43,2220
11.20
(2) Preprimary and preelection reports under s. 11.06 (1) shall be
21received by the appropriate filing officer no earlier than 14 days and no later than
228 days preceding the primary and the election.
SB538,44,3
111.20
(7) Except as otherwise required under s. 11.21 (16), in the event that any
2report is required to be filed under this chapter on a nonbusiness day, it may be filed
3on the next business day thereafter.
SB538,44,76
11.20
(8) (intro.) Reports filed under subs. (2), (4), and (4m) shall include all
7contributions received and transactions made as of the end of:
SB538,44,1110
11.20
(8) (a) The 15th day preceding the primary or election in the case of the
11preprimary and preelection report.