AB250,11,23
1611.505 Agreement by candidate. An eligible candidate who accepts a public
17financing benefit under ss. 11.502 to 11.522 during the primary election campaign
18period shall agree to comply with all requirements of ss. 11.502 to 11.522 throughout
19the election campaign period during the same campaign as a precondition to receipt
20of public financing. An eligible candidate who accepts a public financing benefit
21during a primary election campaign period may not elect to accept private
22contributions in violation of ss. 11.502 to 11.522 during the corresponding election
23campaign period.
AB250,12,2
2411.506 Requirements imposed upon candidates. (1) An eligible
25candidate may not accept private contributions other than seed money contributions
1and qualifying contributions that the candidate accepts during the exploratory
2period and the public financing qualifying period.
AB250,12,10
3(2) In addition to reports required to be filed under ss. 11.12 (5) and 11.20, a
4candidate who receives a public financing benefit shall furnish complete financial
5records, including records of seed money contributions, qualifying contributions, and
6disbursements, to the board on the 15th or the last day of the month that
7immediately follows the receipt of the contribution or the making of the
8disbursement, whichever comes first, except that during July, August, and
9September records need only be furnished on the last day of the month. Each such
10candidate shall cooperate with any audit or examination by the board.
AB250,12,19
11(3) In addition to adhering to requirements imposed under ss. 11.06 (5) and
1211.12 (3), a candidate who receives a public financing benefit shall maintain records
13of all contributions received by the candidate of more than $5 but less than $50,
14including seed money contributions and qualifying contributions, which shall
15contain the full name of the contributor and the contributor's full home address. In
16addition, if a contributor's aggregate contributions to any candidate exceed $50 for
17any campaign, the candidate shall also maintain a record of the contributor's
18principal occupation and the name and business address of the contributor's place
19of employment.
AB250,12,21
20(4) The failure to record or provide the information specified in sub. (3)
21disqualifies a contribution from counting as a qualifying contribution.
AB250,12,24
22(5) No eligible candidate and no person acting on a candidate's behalf may
23deposit any contribution that is not recorded in accordance with sub. (3) in a
24candidate's campaign depository account.
AB250,13,4
1(6) No eligible candidate may accept more than $25 in cash from any
2contributor and no such candidate may accept cash from all sources in a total amount
3greater than one-tenth of 1 percent of the public financing benefit for the office that
4the candidate seeks or $500, whichever is greater.
AB250,13,7
511.507 Personal funds of candidates.
(1) The personal funds of a candidate
6contributed as seed money contributions may not exceed an aggregate amount of
7$5,000.
AB250,13,9
8(2) No eligible candidate may make any disbursement derived from personal
9funds after the close of the public financing qualifying period.
AB250,13,16
1011.508 Seed money contributions. (1) An eligible candidate may accept
11seed money contributions from any individual or committee prior to the end of the
12public financing qualifying period, provided the total contributions received from one
13contributor, except personal funds and qualifying contributions otherwise permitted
14under ss. 11.502 to 11.522, do not exceed $100, and the aggregate contributions,
15including personal funds, but not including qualifying contributions, do not exceed
16$5,000.
AB250,13,19
17(2) An eligible candidate may make disbursements derived from seed money
18contributions only during the exploratory period and the public financing qualifying
19period.
AB250,14,3
2011.509 Excess contributions. If an eligible candidate receives excess seed
21money contributions or qualifying contributions on an aggregate basis, the
22candidate may retain the contributions and make disbursements derived from the
23contributions, in an amount not exceeding $15,000. An amount equivalent to the
24excess contributions shall be deducted by the board from the candidate's public
25financing benefit. A candidate shall return to the board all seed money and
1qualifying contributions that exceed the limits prescribed in this section within 48
2hours after the end of the exploratory period. The board shall deposit all
3contributions returned under this section in the democracy trust fund.
AB250,14,10
411.51 Certification by candidate. (1) To apply for a public financing benefit,
5a candidate shall certify to the board that the candidate has complied and will
6comply, throughout the applicable campaign, with all requirements of ss. 11.502 to
711.522 and that all disclosures required as of the time of application have been made,
8and shall present evidence of the requisite number of qualifying contributions
9received by the candidate. The candidate's request for certification shall be signed
10by the candidate and the candidate's campaign treasurer.
AB250,14,16
11(2) The board shall distribute to each eligible candidate at the spring primary
12election a check for the amount of the public financing benefit payable to the
13candidate promptly after the candidate demonstrates his or her eligibility and, in
14any event, not later than 5 days after the end of the public financing qualifying
15period; however, no candidate may utilize a check received under this subsection
16until the beginning of the primary election campaign period.
AB250,14,23
17(3) The board shall distribute to each eligible candidate for justice at a spring
18election a check for the amount of the public financing benefit payable to the
19candidate not later than 48 hours after the date of the spring primary election for the
20office of justice, or the date that the primary election would be held if a primary were
21required. However, no candidate for a particular office shall receive a check until all
22candidates for the office of justice who apply and qualify for a public financing benefit
23have been certified as eligible candidates.
AB250,15,2
24(4) If any candidate who receives a public financing benefit violates the
25requirements of ss. 11.502 to 11.522, the board shall require the candidate to repay
1all public funds received by the candidate to the board. The board shall deposit all
2repayments received under this subsection in the democracy trust fund.
AB250,15,12
311.511 Public financing benefits. (1) The board shall provide to each
4eligible candidate who qualifies to receive a public financing benefit for the primary
5or election campaign period separate checks for the public financing benefits payable
6to the candidate for the primary and election campaign periods in the amounts
7specified in this section, subject to any required adjustment under s. 11.509, 11.512
8(2) or 11.513 (2). An eligible candidate may use this public financing benefit to
9finance any lawful disbursements during the primary and election campaign periods
10to further the election of the candidate in that primary or election. An eligible
11candidate may not use this public financing benefit to repay any loan, or in violation
12of ss. 11.502 to 11.522 or any other applicable law.
AB250,15,14
13(2) Except as provided in ss. 11.512 (2) and 11.513 (2), the public financing
14benefit for a primary election campaign period is $100,000.
AB250,15,16
15(3) Except as provided in ss. 11.512 (2) and 11.513 (2), the public financing
16benefit for an election campaign period is $300,000.
AB250,15,19
17(4) If there is no spring primary election for the office of justice, no eligible
18candidate may receive a public financing benefit for the primary election campaign
19period.
AB250,15,24
20(5g) An eligible candidate who receives a public financing benefit in the
21primary election campaign period and whose name is certified to appear on the ballot
22at the election following that primary may utilize any unencumbered balance of the
23public financing benefit received by the candidate in the primary election campaign
24period for the election campaign period.
AB250,16,5
1(5r) Except as permitted in sub. (5g), an eligible candidate who receives a
2public financing benefit and who does not encumber or expend some portion of the
3benefit for a purpose described in sub. (1) shall return any unencumbered portion of
4the benefit to the board within 30 days after the primary or election in which the
5candidate participates.
AB250,16,10
6(6) Notwithstanding subs. (2) and (3), beginning on July 1, 2010, and every 2
7years thereafter, the board shall modify the public financing benefits provided for in
8subs. (2) and (3) to adjust for the change in the consumer price index, all items, U.S.
9city average, published by the U.S. department of labor for the preceding 2-year
10period ending on December 31.
AB250,17,7
1111.512 Financial activity by nonparticipating candidates. (1) In
12addition to other reports required by law, a nonparticipating candidate for an office
13at a primary or election who receives contributions or makes or obligates to make
14disbursements in an amount more than 5 percent greater than the public financing
15benefit applicable to an eligible candidate for the same office at the same primary or
16election shall file a report with the board itemizing the total contributions received
17and disbursements made or obligated to be made by the candidate as of the date of
18the report. The board shall transmit copies of the report to all candidates for the
19same office at the same election. A nonparticipating candidate shall file additional
20reports after the candidate receives each additional $1,000 of contributions, or the
21candidate makes or obligates to make each additional $1,000 of disbursements. If
22such contributions are received or such disbursements are made or obligated to be
23made more than 6 weeks prior to the date of the primary election at which the name
24of the candidate appears on the ballot, or prior to the date that the primary election
25would be held, if a primary were required, such reports shall be made at the next
1regular reporting interval under s. 11.506. If such contributions are received or such
2disbursements made or obligated to be made within 6 weeks prior to the date of the
3primary election at which the name of the candidate appears on the ballot, or within
46 weeks prior to the date that the primary election would be held, if a primary were
5required, such reports shall be made within 24 hours after each instance in which
6such contributions are received, or such disbursements are made or obligated to be
7made.
AB250,17,11
8(2) Upon receipt of such information, the state treasurer shall immediately
9issue a check to an opposing eligible candidate in an additional amount equivalent
10to the total excess disbursements made or obligated to be made, but not to exceed 3
11times the public financing benefit for the applicable office.
AB250,17,23
1211.513 Independent disbursements. (1) If any person makes, or becomes
13obligated to make, by oral or written agreement, an independent disbursement in
14excess of $1,000 with respect to a candidate for the office of justice at a spring primary
15or election, that person shall file with the board a notice of such disbursement or
16obligation to make such a disbursement. Any such person shall file reports of such
17disbursements or obligations to make such disbursements on the 15th or last day of
18the month that immediately follows the date of the disbursement or the obligation
19to make the disbursement, whichever comes first, except that, within 6 weeks prior
20to the date of the spring primary election, the person shall file such reports within
2124 hours after each independent disbursement is made or obligated to be made. Any
22such person shall file additional reports after each additional $1,000 of
23disbursements are made or obligated to be made.
AB250,18,4
24(2) When the aggregate independent disbursements against an eligible
25candidate for an office or for the opponents of that candidate exceed 20 percent of the
1public financing benefit for that office in any campaign, the board shall immediately
2credit that candidate's account with an additional line of credit equivalent to the total
3disbursements made or obligated to be made, but not to exceed 3 times the public
4financing benefit for the applicable office.
AB250,18,6
511.515 Democracy trust fund. The democracy trust fund shall be
6administered by the state treasurer.
AB250,18,9
711.516 Administration. Except as otherwise specifically provided in ss.
811.501 to 11.522, the duties of and authority for administering and enforcing ss.
911.501 to 11.522 are vested in the board.
AB250,18,15
1011.517 Penalties; enforcement. (1) Notwithstanding s. 11.60 (1), if an
11eligible candidate makes disbursements that exceed the total amount of the public
12financing benefit allocated to the candidate for any campaign and the total
13qualifying and seed money contributions lawfully accepted by the candidate, the
14candidate may be required to forfeit not more than 10 times the amount by which the
15disbursements exceed the allocation.
AB250,18,19
16(2) Notwithstanding s. 11.60 (1), any eligible candidate who accepts
17contributions in excess of any limitation imposed under ss. 11.502 to 11.522 may be
18required to forfeit not more than 10 times the amount by which the contributions
19exceed the applicable limitation.
AB250,19,2
20(3) If the board finds that there is probable cause to believe that a candidate
21has made excess disbursements or has accepted excess contributions contrary to sub.
22(1) or (2), the board shall attempt for a period of not more than 14 days after its
23finding to correct the matter by informal methods of conference and conciliation and
24to enter into a settlement and conciliation agreement under s. 5.05 (1) (c) with the
25person involved. A settlement and conciliation agreement made pursuant to this
1subsection shall be a matter of public record. Unless violated, a settlement and
2conciliation agreement is a bar to any civil action under sub. (4).
AB250,19,8
3(4) If the board has probable cause to believe that a candidate has made excess
4disbursements or has accepted excess contributions and the board is unable to
5correct the matter by informal methods within the time prescribed in sub. (3), the
6board shall make a public finding of probable cause in the matter. After making a
7public finding, the board may bring a civil action against the candidate as provided
8in s. 5.05 (1) (c).
AB250,19,16
9(5) If an elector believes that a candidate has violated ss. 11.502 to 11.522 and
10the elector is entitled to vote for or against the candidate in the election in connection
11with which the violation is alleged to occur, the elector may file a complaint with the
12board requesting it to take remedial action. If the board refuses to take remedial
13action or, within 30 days after the filing of such a complaint, fails to take remedial
14action, the elector may commence a civil action requesting the court to impose a
15forfeiture under sub. (1) or (2) in circuit court for the county where the board is
16authorized to bring an action under s. 5.05 (1) (c).
AB250,19,19
17(6) The board and courts shall expedite all proceedings under ss. 11.502 to
1811.522 so that all complaints brought prior to an election are resolved, to the extent
19possible, before the election is held.
AB250,19,23
20(7) If a complaint brought under ss. 11.502 to 11.522 is resolved against the
21complainant and is found to have been brought in bad faith and without reasonable
22basis therefor, the board or court may assess costs, including reasonable attorney
23fees, against the complainant.
AB250,20,4
2411.518 Prohibited acts. (1) Notwithstanding s. 11.61 (1) (c) if a candidate
25or agent of a candidate knowingly accepts more contributions than the candidate is
1entitled to receive, or makes disbursements exceeding the total amount of the public
2financing benefit received by the candidate and the qualifying and seed money
3contributions lawfully received by the candidate, the candidate or agent is guilty of
4a Class G felony.
AB250,20,8
5(2) Notwithstanding s. 11.61 (1) (c), if in connection with the receipt or
6disbursement of a public financing benefit for an election campaign, any person
7knowingly provides false information to the board, or knowingly conceals or
8withholds information from the board, that person is guilty of a Class G felony.
AB250,20,12
911.522 Contributions to nonparticipating candidates; attributions. (1) 10A nonparticipating candidate may accept contributions from private sources without
11limitation, except that no person may make any contribution or contributions to a
12nonparticipating candidate exceeding a total of $1,000 during any campaign.
AB250,20,17
13(2) In addition to the attribution required under s. 11.30 (2), any electronic or
14print communication paid for or authorized by a nonparticipating candidate shall
15contain the following sentence: "This communication is paid for with money raised
16from private sources. This candidate has not agreed to abide by campaign
17contribution and spending limits."
AB250,21,220
11.60
(4) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (h),
215.08, and 5.081, actions under this section
or 11.517 may be brought by the board or
22by the district attorney for the county where the defendant resides or, if the
23defendant is a nonresident, by the district attorney for the county where the violation
24is alleged to have occurred. For purposes of this subsection, a person other than a
1natural person resides within a county if the person's principal place of operation is
2located within that county.
AB250,21,115
11.61
(2) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (i),
65.08, and 5.081, all prosecutions under this section
or s. 11.518 shall be conducted
7by the district attorney for the county where the defendant resides or, if the
8defendant is a nonresident, by the district attorney for the county where the violation
9is alleged to have occurred. For purposes of this subsection, a person other than a
10natural person resides within a county if the person's principal place of operation is
11located within that county.
AB250, s. 21
12Section
21. 20.005 (3) (schedule) of the statutes: at the appropriate place,
13insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB250, s. 22
14Section
22. 20.511 (1) (r) of the statutes is created to read:
AB250,22,2
120.511
(1) (r)
Democracy trust fund administration. From the democracy trust
2fund, the amounts in the schedule for the administration of ss. 11.501 to 11.522.
AB250, s. 23
3Section
23. 20.585 (1) (q) of the statutes is created to read:
AB250,22,64
20.585
(1) (q)
Public financing benefits; candidates for justice. From the
5democracy trust fund, a sum sufficient to provide for payment of public financing
6benefits to eligible candidates under ss. 11.501 to 11.522.
AB250, s. 24
7Section
24. 20.585 (1) (r) of the statutes is created to read:
AB250,22,98
20.585
(1) (r)
Democracy trust fund administration. From the democracy trust
9fund, the amounts in the schedule for the administration of ss. 11.501 to 11.522.
AB250, s. 25
10Section
25. 20.855 (4) (bb) of the statutes is created to read:
AB250,22,1611
20.855
(4) (bb)
Democracy trust fund transfer. A sum sufficient equal to the
12amounts appropriated under ss. 20.511 (1) (r) and 20.585 (1) (r) and the amounts
13required to provide public financing benefits that candidates qualify to receive from
14the democracy trust fund, to be transferred from the general fund to the democracy
15trust fund no later than the time required to make payments of grants under s. 11.51
16(2) and (3).
AB250, s. 26
17Section
26. 25.17 (1) (cm) of the statutes is created to read:
AB250,22,1818
25.17
(1) (cm) Democracy trust fund (s. 25.421);
AB250, s. 27
19Section
27. 25.421 of the statutes is created to read:
AB250,22,23
2025.421 Democracy trust fund. All moneys appropriated under s. 20.855 (4)
21(bb) and all moneys deposited in the state treasury under ss. 11.509, 11.51 (4) and
2211.511 (5r) constitute the democracy trust fund, to be expended for the purposes of
23ss. 11.501 to 11.522.
AB250, s. 28
24Section
28.
Effective dates. This act takes effect on the day after publication,
25except as follows:
AB250,23,3
1(1) The treatment of sections 11.60 (4) and 11.61 (2) of the statutes takes effect
2on December 1 following the date of publication or on the initiation date specified in
32007 Wisconsin Act 1,
Section 209 (1), whichever is later.