3. By more than 15 percent, the person must forfeit eight times the amount of
the difference.
Public broadcasting television stations and public access channels
Current law requires that free time on public broadcasting television stations
and public access channels be provided to candidates for state office. Under current
law, the Federal Communications Commission grants licenses for the operation of
public broadcasting television stations. Also under current law, a city, village, or
town is authorized to grant a franchise to a person that allows that person to operate
a cable television system in the city, village, or town. Under the franchise, the person
may be required to provide cable television channels that the city, village, or town
may use for public, educational, or governmental purposes. A channel that is used
exclusively for public, rather than educational or governmental purposes, is
commonly referred to as a public access channel. A city, village, or town may operate
a public access channel, or a city, village, or town may allow another person to operate
the channel. Current law requires the Government Accountability Board to
promulgate rules that require licensees of public broadcasting stations and
operators of public access channels to provide a minimum amount of free time to
candidates for state office at general, spring, and special elections. The rules must
require the same amount of time for each candidate for a particular state office, but
may require different amounts of time for different offices.
This bill repeals these provisions.
Individual income tax credit
This bill creates a nonrefundable individual income tax credit for contributions
to the Public Integrity Endowment. Under the bill, an individual may claim as an
income tax credit, up to the amount of the individual's income tax liability, any
amount that he or she contributes to the Public Integrity Endowment. If a married
couple files a joint return, each spouse may claim the credit.
Public financing of campaigns for justice
This bill makes numerous changes in the campaign finance law affecting
campaigns for the office of justice of the supreme court. The bill limits the application
of the Wisconsin election campaign fund, under which eligible candidates for certain
state offices (including justice of the supreme court) may receive public grants from
state general purpose revenues derived from designations made by individuals filing
state income tax returns, to state offices other than the office of justice. To finance
elections for the office of justice of the supreme court, the bill creates a democracy
trust fund, under which eligible candidates for this office may receive public grants
derived from general purpose revenues.
Under the bill, a candidate for the office of justice of the supreme court may
qualify for public financing from the democracy trust fund to finance a campaign in
a primary or election by receiving qualifying contributions of at least $5 but not more
than $100 each made by an elector of this state in an aggregate amount of at least
$5,000 but not more than $15,000. A candidate who accepts public financing may
also accept "seed money" contributions in amounts of $100 or less, subject to
aggregate limitations, and may contribute personal funds in specified amounts
during specified periods. In order to qualify for a public financing benefit for the
primary, a candidate at the primary must have an opponent who qualifies to have
his or her name appear on the ballot at the spring primary, and in order to qualify
for a public financing benefit for the spring election, a candidate at the election must
have an opponent who qualifies to have his or her name appear on the ballot at the
election. A candidate who accepts a public financing benefit may not accept any
contributions other than qualifying and seed money contributions and contributions
from personal funds within the limitations permitted. Public financing benefits for
eligible candidates are $100,000 in the spring primary and $300,000 in the spring
election. The benefits are subject to a biennial cost of living adjustment. A candidate
who accepts more than a specified amount of qualifying or seed money contributions
has the excess deducted from his or her public financing benefit. In addition, if a
candidate's opponent declines to accept a public financing benefit and makes
expenditures in a total amount that exceeds by more than 5 percent the amount
permitted for a candidate who accepts a public financing benefit, the candidate who
accepts a public financing benefit receives additional funding equivalent to the
excess expenditures made by his or her opponent, but not more than three times the
amount of the public financing benefit for the office that the candidate seeks. A
candidate also receives additional public financing equivalent to any independent
expenditures made against the candidate or in support of his or her opponents if
those expenditures exceed 20 percent of the amount of the public financing benefit
for the office that the candidate seeks (but not more than three times the amount of
that benefit).
The bill provides that if a candidate makes disbursements that exceed the total
amount of the public financing benefit allocated to the candidate and the total
qualifying and seed money contributions lawfully accepted by the candidate, the
candidate is subject to a forfeiture (civil penalty) of not more than ten times the
amount by which his or her disbursements exceed the allocation. In addition, the bill
provides that a candidate who accepts contributions in excess of any limitation
imposed under the bill is subject to a forfeiture of not more than ten times the amount
by which the contributions exceed the applicable limitation. The bill also provides
that if any candidate or agent of a candidate knowingly accepts more contributions
than the candidate is entitled to receive, or makes disbursements exceeding the total
amount of the public financing benefit received by the candidate and the qualifying
and seed money contributions lawfully received by the candidate, the candidate or
agent may be fined not more than $25,000 or imprisoned for not more than ten years,
or both. Under the bill, any person who, in connection with the receipt or
disbursement of a public financing benefit, knowingly provides false information to
the Government Accountability Board, or knowingly conceals or withholds
information from the board, is subject to the same penalty.
Currently, a candidate for the office of justice of the supreme court may qualify
to receive a grant from the Wisconsin election campaign fund for use in an election
campaign only (no funding is provided for primary campaigns). In order to qualify
for a grant, a candidate must qualify to have his or her name appear on the spring
election ballot and must have an opponent who qualifies to have his or her name
appear on that ballot. The maximum amount of a grant that a candidate may receive
is $97,031. This amount is not subject to any cost of living adjustment. In addition,
this amount is reduced by the total amount of contributions received by a candidate
from special interest committees and this amount may not be fully funded in a
particular year if there are not sufficient moneys in the Wisconsin election campaign
fund to provide full financing for all qualifying candidates. A candidate must agree
to abide by spending and self-contribution limits in order to receive a grant, but this
agreement does not apply if the candidate has an opponent who could have qualified
for a grant but declines to do so and declines to file an affidavit of voluntary
compliance with spending and self-contribution limits.
Currently, individuals and committees making political contributions to
candidates for the office of justice of the supreme court are subject to limitations on
the amount or value of any contribution or contributions that may be made
cumulatively to any candidate in a campaign. The limitations are $10,000 in the case
of an individual making a contribution to a candidate and $8,625 in the case of a
committee making a contribution to a candidate. This bill replaces these limitations
with a contribution limitation of $1,000 applicable to an individual or committee
making any contribution or contributions cumulatively during a campaign period to
any candidate for the office of justice of the supreme court who is eligible to qualify
for a public financing benefit but who declines to accept one.
The changes take effect on June 1, 2008.
Nonseverability
Currently, if any part of an act is found by a court to be invalid, those parts that
are valid are severed from the invalid part and the severed parts continue in force.
This bill provides that, if any of the following parts of the bill is unconstitutional, then
all of the following parts are void: 1) parts relating to the reporting of certain
expenditures and obligations by candidates and special interest committees; 2) parts
relating to the provision of supplemental grants to candidates whose opponents
exceed disbursement limitations or who are opposed or whose opponents are
supported by any reportable disbursements by candidates or independent
disbursements or obligations, including those that are reportable under current law;
and 3) parts relating to prohibiting contributions from being made by committees to
special interest committees.
Initial applicability
All campaign finance changes under the bill apply to elections held on or after
the day the bill becomes law, except that changes relating to public financing of
campaigns for the office of justice of the supreme court take effect on June 1, 2008,
and except that the directive to incorporate a Public Integrity Endowment takes
effect on the day on which the bill becomes law. Under the bill, changes to the income
tax checkoff and the creation of an individual income tax credit for contributions to
the endowment apply to taxable years beginning on January 1 of the year in which
the bill becomes law, if the bill becomes law by July 31, in any year, or otherwise to
taxable years beginning on January 1 of the following year.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB12-SSA1,16,72
5.02
(13) "Political party" or "party" means a state committee registered under
3s. 11.05
and organized exclusively for political purposes under whose name
4candidates appear on a ballot at any election, and all county, congressional,
5legislative, local and other affiliated committees authorized to operate under the
6same name. For purposes of ch. 11, the term does not include
a legislative campaign
7committee or a committee filing an oath under s. 11.06 (7).
SB12-SSA1, s. 2
8Section
2. 7.08 (2) (c) and (cm) of the statutes are amended to read:
SB12-SSA1,17,99
7.08
(2) (c) As soon as possible after the canvass of the spring and September
10primary votes, but no later than the first Tuesday in March and the 4th Tuesday in
1September, transmit to the state treasurer a certified list of all eligible candidates
2for state office who have filed applications under s. 11.50 (2) and whom the board
3determines
to be are eligible to receive
payments grants from the Wisconsin election
4campaign fund. The
board shall also electronically transmit a similar list containing
5the name of each candidate whom the board determines is eligible to receive a grant
6under s. 11.50 (9) (ba) or (bb) within 24 hours after the candidate qualifies to receive
7such a grant. Each list shall contain each candidate's name, the mailing address
8indicated upon the candidate's registration form, the office for which the individual
9is a candidate and the party or principle which he or she represents, if any.
SB12-SSA1,17,2310
(cm) As soon as possible after the canvass of a special primary, or the date that
11the primary would be held, if required, transmit to the state treasurer a certified list
12of all eligible candidates for state office who have filed applications under s. 11.50 (2)
13and whom the board determines to be eligible to receive
a grant grants from the
14Wisconsin election campaign fund prior to the election. The board shall also transmit
15a similar list of candidates, if any, who have filed applications under s. 11.50 (2) and
16whom the board determines to be eligible to receive
a grant grants under s. 11.50 (1)
17(a)
2. 1. b. after the special election. The
board shall electronically transmit a similar
18list containing the name of each candidate whom the board determines is eligible to
19receive a grant under s. 11.50 (9) (ba) or (bb) within 24 hours after the candidate
20qualifies to receive such a grant. Each list shall contain each candidate's name, the
21mailing address indicated upon the candidate's registration form, the office for which
22the individual is a candidate and the party or principle which he or she represents,
23if any.
SB12-SSA1, s. 3
24Section
3. 7.08 (2) (cs) of the statutes is created to read:
SB12-SSA1,18,3
17.08
(2) (cs) In each even-numbered year, certify to the state treasurer for the
2period beginning with the month following certification and ending with the month
3in which the next certification is made by the board:
SB12-SSA1,18,74
1. No later than July 1, the name of each political party that qualifies under
5s. 11.50 (1) (am) 1. as an eligible political party as of the preceding June 1 and whose
6state chairperson has filed a written request to establish an account for the party
7under s. 11.50 (2s) (a).
SB12-SSA1,18,118
2. No later than December 15, the name of each political party that qualifies
9under s. 11.50 (1) (am) 2. as an eligible political party as of the date of the preceding
10general election and whose state chairperson has filed a written request to establish
11an account for the party under s. 11.50 (2s) (a).
SB12-SSA1,18,2013
8.30
(2) If no registration statement has been filed by or on behalf of a candidate
14for state or local office in accordance with s. 11.05 (2g)
or (2r) by the applicable
15deadline for filing nomination papers by
such the candidate, or the deadline for filing
16a declaration of candidacy for an office for which nomination papers are not filed, the
17name of the candidate may not appear on the ballot. This subsection may not be
18construed to exempt
a candidate an individual from applicable penalties if
the
19individual is a candidate, as defined in s. 11.01 (1), and he or she files a registration
20statement later than the time prescribed in
ss. 11.01 (1) and s. 11.05 (2g).
SB12-SSA1, s. 5
21Section
5. 8.35 (4) (a) 1. a. and b. of the statutes are amended to read:
SB12-SSA1,19,422
8.35
(4) (a) 1. a.
Donated to the former candidate's local or state political party
23if If the former candidate was a partisan candidate
or, donated to the former
24candidate's local or state political party, donated to
the a charitable organization
of
25the former candidate's choice or the charitable organization chosen
, or transferred
1to the board for deposit in the Wisconsin election campaign fund, as instructed by the
2former candidate or, if the candidate left no instruction, as instructed by the former
3candidate's next of kin
if the former candidate is deceased, or if no choice is made
4returned to the donors on a proportional basis; or
SB12-SSA1,19,105
b. If the former candidate was a nonpartisan candidate, donated to
the a 6charitable organization
of the former candidate's choice or the or the charitable
7organization chosen or transferred to the board for deposit in the Wisconsin election
8campaign fund, as instructed by the former candidate or, if the candidate left no
9instruction, as instructed by the former candidate's next of kin
if the former
10candidate is deceased; or
SB12-SSA1, s. 6
11Section
6. 8.35 (4) (b) of the statutes is amended to read:
SB12-SSA1,19,2512
8.35
(4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys
13received by a candidate from the Wisconsin election campaign fund shall be
14immediately transferred to any candidate who is appointed to replace such
15candidate, upon filing of a proper application therefor under s. 11.50 (2). If there is
16no candidate appointed or if no proper application is filed within 7 days of the date
17on which the vacancy occurs, such moneys shall revert to the state as provided in s.
1811.50 (8).
Notwithstanding par. (a), any unspent and unencumbered moneys
19received by a candidate from the democracy trust fund shall be immediately
20transferred to any candidate who is appointed to replace that candidate upon filing
21of a proper application therefor under s. 11.502 (1). For purposes of qualification,
22contributions received and disbursements made by the former candidate are
23considered to have been received or made by the replacement candidate. If there is
24no candidate appointed or if no proper application is filed within 7 days of the date
25on which a vacancy occurs, the moneys shall revert to the state.
SB12-SSA1, s. 7
1Section
7. 8.35 (4) (c) and (d) of the statutes are amended to read:
SB12-SSA1,20,122
8.35
(4) (c) The transfer
to the replacement candidate under par. (b) shall be
3made and reported to the appropriate filing officer in a special report submitted
in
4a special report submitted by the former candidate's campaign treasurer. If the
5former candidate is deceased and was serving as his or her own campaign treasurer,
6the former candidate's petitioner or personal representative shall
file the report and 7make the transfer
required by par. (b), if any and file the report. The report shall
be
8made at the appropriate interval under s. 11.20 (2) or (4) or in the manner required
9under s. 11.21 (16), if applicable, and shall include a complete statement of all
10contributions, disbursements and incurred obligations pursuant to s. 11.06 (1)
11covering the period from the day after the last date covered on the former candidate's
12most recent report to the date of disposition.
SB12-SSA1,20,1613
(d) The newly appointed candidate shall file his or her report at the next
14appropriate interval under s. 11.20 (2) or (4) after his or her appointment
or in the
15manner required under s. 11.21 (16), if applicable. The appointed candidate shall
16include any transferred
funds moneys in his or her first report.
SB12-SSA1, s. 8
17Section
8. 11.001 (2m) of the statutes is created to read:
SB12-SSA1,20,2518
11.001
(2m) The legislature finds a compelling justification for minimal
19disclosure of all communications made near the time of an election that include a
20reference to a clearly identified candidate at that election, an office to be filled at that
21election, or a political party in order to permit increased funding for candidates who
22are affected by those communications. The legislature finds that this minimal
23disclosure burden is outweighed by the need to establish an effective funding
24mechanism for affected candidates to effectively respond to communications that
25may impact an election.
SB12-SSA1,21,53
11.01
(14m) "Partisan state office" means the office of governor, lieutenant
4governor, secretary of state, state treasurer, attorney general, state senator, state
5representative to the assembly, or district attorney.
SB12-SSA1, s. 11
6Section
11. 11.01 (16) (a) 3. of the statutes is created to read:
SB12-SSA1,21,137
11.01
(16) (a) 3. A communication that is made by means of one or more
8communications media, other than a communication that is exempt from reporting
9under s. 11.29, that is made during the period beginning on the 60th day preceding
10an election and ending on the date of that election, and that includes a reference to
11a candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on
12the ballot at that election, a reference to an office to be filled at that election, or a
13reference to a political party.
SB12-SSA1, s. 14
17Section
14. 11.05 (1) of the statutes is renumbered 11.05 (1) (a) and amended
18to read:
SB12-SSA1,22,219
11.05
(1) (a) Except as provided in s. 9.10 (2) (d), every committee
, other than
20a personal campaign committee,
and every political group subject to a registration
21requirement under s. 11.23 which that makes or accepts contributions, incurs
22obligations
, or makes disbursements in a calendar year in an aggregate amount in
23excess of $25 shall file a statement with the appropriate filing officer giving the
24information required by sub. (3).
In the case of any committee other than a personal
1campaign committee, the The statement shall be filed by the treasurer. A personal
2campaign committee shall register under sub. (2g)
or (2r).
SB12-SSA1,22,74
11.05
(1) (b) Every political group subject to registration under s. 11.23 that
5makes or accepts contributions, incurs obligations, or makes disbursements in a
6calendar year in an aggregate amount in excess of $100 shall file a statement with
7the appropriate filing officer giving the information required by sub. (3).
SB12-SSA1, s. 16
8Section
16. 11.05 (2) of the statutes is renumbered 11.05 (2) (a) and amended
9to read:
SB12-SSA1,22,1710
11.05
(2) (a) Except as provided in s. 9.10 (2) (d), every individual, other than
11a candidate or agent of a candidate, who accepts contributions, incurs obligations,
12or makes disbursements
with respect to one or more elections for state or local office 13in a calendar year in an aggregate amount in excess of $25 shall file a statement with
14the appropriate filing officer giving the information required by sub. (3). An
15individual who guarantees a loan on which an individual, committee or group subject
16to a registration requirement defaults is not subject to registration under this
17subsection paragraph solely as a result of such default.
SB12-SSA1, s. 17
18Section
17. 11.05 (2) (b) of the statutes is created to read:
SB12-SSA1,22,2219
11.05
(2) (b) Every individual who accepts contributions, incurs obligations, or
20makes disbursements with respect to one or more referenda in a calendar year in an
21aggregate amount in excess of $100 shall file a statement with the appropriate filing
22officer giving the information required by sub. (3).
SB12-SSA1, s. 18
23Section
18. 11.05 (2r) of the statutes is renumbered 11.06 (2m) (a) and
24amended to read:
SB12-SSA1,23,21
111.06
(2m) (a) Any person, committee or group, other than
a committee or an 2individual
or committee required to file an oath under
s. 11.06 (7) sub. (7), who or
3which does not anticipate accepting contributions, making disbursements
, or
4incurring obligations in an aggregate amount in excess of $1,000 in a calendar year
5and does not anticipate accepting any contribution or contributions from a single
6source, other than contributions made by a candidate to his or her own campaign,
7exceeding $100 in
that any calendar year may indicate on its registration statement
8that the person, committee
, or group will not accept contributions, incur obligations
, 9or make disbursements in the aggregate in excess of $1,000 in any calendar year and
10will not accept any contribution or contributions from a single source, other than
11contributions made by a candidate to his or her own campaign, exceeding $100 in
12such any calendar year. Any registrant making such an indication is not subject to
13any filing requirement if the statement is true. The registrant need not file a
14termination report. A registrant not making such an indication on a registration
15statement is subject to a filing requirement. The indication may be revoked and the
16registrant is then subject to a filing requirement as of the date of revocation, or the
17date that aggregate contributions, disbursements
, or obligations for the calendar
18year exceed $1,000, or the date on which the registrant accepts any contribution or
19contributions exceeding $100 from a single source, other than contributions made by
20a candidate to his or her own campaign, during
that
any calendar year, whichever
21is earlier.
If the revocation is not timely, the registrant violates s. 11.27 (1).
SB12-SSA1, s. 19
22Section
19. 11.05 (3) (c) of the statutes is amended to read:
SB12-SSA1,24,223
11.05
(3) (c) In the case of a committee, a statement as to whether the
24committee is a personal campaign committee, a political party committee,
a
1legislative campaign committee, a support committee
, or a special interest
2committee.
SB12-SSA1,24,64
11.05
(3) (m) In the case of a personal campaign committee, the name of the
5candidate on whose behalf the committee was formed or intends to operate and the
6office or offices that the candidate seeks.
SB12-SSA1,24,119
11.05
(3) (r) In the case of a candidate or personal campaign committee of a
10candidate, the telephone number or numbers and a facsimile transmission number
11or electronic mail address, if any, at which the candidate may be contacted.
SB12-SSA1, s. 23
12Section
23. 11.05 (3) (s) of the statutes is created to read:
SB12-SSA1,24,1713
11.05
(3) (s) In the case of a registrant that has made a communication
14identified in s. 11.01 (16) (a) 3., a report containing the information specified in s.
1511.06 (1) with respect to any obligation to make a disbursement incurred or any
16disbursement made for the purpose of making such a communication prior to
17registration.
SB12-SSA1,25,819
11.05
(5) Change of information. Any change in information previously
20submitted in a statement of registration shall be reported by the registrant to the
21appropriate filing officer within 10 days following the change. This period does not
22apply in case of change of an indication made under
sub. (2r) s. 11.06 (2m), which
23shall be reported no later than the date that a registrant is subject to a filing
24requirement under
sub.(2r) s. 11.06 (2m). Any such change may be reported only by
25the individual or by the officer who has succeeded to the position of an individual who
1signed the original statement; but in the case of a personal campaign committee, a
2candidate or campaign treasurer may report a change in the statement except as
3provided in s. 11.10 (2), and in the case of any other committee or group, the chief
4executive officer or treasurer indicated on the statement may report a change. If a
5preexisting support committee is adopted by a candidate as his or her personal
6campaign committee, the candidate shall file an amendment to the committee's
7statement under this subsection indicating that all information contained in the
8statement is true, correct and complete.
SB12-SSA1,25,1310
11.05
(5r) Contribution prior to registration prohibited. (a) Except as
11provided in sub. (13), no person, committee, or group that is subject to a registration
12requirement may make any contribution prior to the date of registration under this
13section.
SB12-SSA1,25,1614
(b) No registrant may accept any contribution received from a person,
15committee, or group that is subject to a registration requirement prior to the date of
16registration of that person, committee, or group.
SB12-SSA1, s. 26
17Section
26. 11.05 (9) (title) of the statutes is repealed and recreated to read:
SB12-SSA1,25,1818
11.05
(9) (title)
Deposit of contributions; conduits.
SB12-SSA1, s. 27
19Section
27. 11.05 (9) (b) of the statutes is amended to read:
SB12-SSA1,25,2520
11.05
(9) (b) An individual who or a committee or group which receives a
21contribution of money and transfers the contribution to another individual,
22committee
, or group while acting as a conduit is not subject to registration under this
23section unless the individual, committee
, or group transfers the contribution to a
24candidate or a personal campaign,
legislative campaign, political party
, or support
25committee.
SB12-SSA1, s. 28
1Section
28. 11.05 (12) (title) of the statutes is amended to read:
SB12-SSA1,26,22
11.05
(12) (title)
Time of registration; acceptance of unlawful contributions.
SB12-SSA1, s. 29
3Section
29. 11.05 (12) (b) of the statutes is amended to read:
SB12-SSA1,26,124
11.05
(12) (b) Except as authorized under sub. (13), a committee, group or
5individual other than a candidate or agent of a candidate shall comply with sub. (1)
6or (2) no later than the 5th business day commencing after receipt of the first
7contribution by such committee, group or individual, and before making any
8disbursement. No committee, group or individual, other than a candidate or agent
9of a candidate, may accept any contribution or contributions exceeding
$25 in the
10aggregate the amount specified in sub. (1) or (2) during a calendar year at any time
11when the committee, group or individual is not registered under this section except
12within the initial 5-day period authorized by this paragraph.
SB12-SSA1,26,2014
11.05
(13) Bank account and postal box; exemption. An individual, committee
15or group does not violate this section by accepting a contribution and making a
16disbursement in the amount required to rent a postal box, or in the minimum amount
17required by a bank or trust company to open a checking account, prior to the time of
18registration, if the disbursement is properly reported on the first report submitted
19under s. 11.20
or 11.21 (16) after the date that the individual, committee or group is
20registered, whenever a reporting requirement applies to the registrant.
SB12-SSA1, s. 31
21Section
31. 11.06 (1) (intro.) of the statutes is amended to read:
SB12-SSA1,27,322
11.06
(1) Contents of report. (intro.) Except as provided in subs. (2)
, (3) and
23(3m) and ss. 11.05 (2r) and (2m) and
s. 11.19 (2), each registrant under s. 11.05 shall
24make full reports, upon a form prescribed by the board and signed by the appropriate
25individual under sub. (5), of all contributions received, contributions or
1disbursements made, and obligations incurred. Each report shall contain the
2following information, covering the period since the last date covered on the previous
3report, unless otherwise provided:
SB12-SSA1,27,85
11.06
(1) (e) An itemized statement of contributions over $20 from a single
6source donated to a charitable organization or to the common school fund, with the
7full name and mailing address of the donee
, and a statement of contributions over
8$20 transferred to the board for deposit in the Wisconsin election campaign fund.