AB704: Bill Text

AB704,13,25 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, and the disbursement is not made or the obligation is not incurred for the purpose of making a communication specified in s. 11.01 (16) (a) 3., 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, legislative campaign, personal campaign or support committee.

AB704, s. 21 Section 21. 11.12 (6) of the statutes is renumbered 11.12 (6) (a) and amended to read:

AB704,14,20 11.12 (6) (a) If any disbursement of more than $20 cumulatively is made to advocate the election or defeat of a clearly identified candidate by an individual or committee later than 15 days prior to a primary or election in which the candidate's name appears on the ballot without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or opposed, and not in concert with or at the request or suggestion of such a candidate, agent or committee, the individual or treasurer of the committee shall, within 24 hours of making the disbursement, 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 next regular report of the individual or committee under s. 11.20. For purposes of this subsection paragraph, disbursements cumulate 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. Upon receipt of a report under this subsection paragraph, the filing officer shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom a disbursement identified in the report is made. This paragraph does not apply to any disbursement that is required to be reported under par. (b).

AB704, s. 22 Section 22. 11.12 (6) (b) of the statutes is created to read:

AB704,15,2 11.12 (6) (b) 1. If any person makes a communication identified in s. 11.01 (16) (a) 3., or incurs an obligation to make such a communication, the person shall, within 24 hours of making the communication or incurring the obligation to make the communication, report to the board the information required under this paragraph in such manner as the board may prescribe.

AB704,15,3 2. Each report under this paragraph shall contain the following information:

AB704,15,5 a. The name of each candidate who is identified in each communication or obligation to make a communication.

AB704,15,7 b. A statement as to whether the communication is intended to support or oppose that candidate.

AB704,15,10 c. The total amount or value of the disbursement made or obligation incurred to make the communication and the cumulative disbursements made and obligations incurred by the person with respect to that election.

AB704,15,15 3. The person shall also include the information reported under subd. 2. in the next regular report of the person under s. 11.20. Upon receipt of a report under this paragraph, the board shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom a communication identified in the report is made.

AB704, s. 23 Section 23. 11.26 (2) (a) of the statutes is amended to read:

AB704,15,20 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, 4 percent of the value of the disbursement level specified in the schedule under s. 11.31 (1), as adjusted under s. 11.31 (9).

AB704, s. 24 Section 24. 11.26 (9) (a) of the statutes is amended to read:

AB704,16,2 11.26 (9) (a) No individual who is a candidate for state or local office may receive and accept more than 65 percent of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided in s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party and legislative campaign committees.

AB704, s. 25 Section 25. 11.26 (9) (b) of the statutes is amended to read:

AB704,16,9 11.26 (9) (b) No individual who is a candidate for state or local office may receive and accept more than 45 percent of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided in s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement.

AB704, s. 26 Section 26. 11.31 (1) (intro.) of the statutes is amended to read:

AB704,16,15 11.31 (1) Schedule. (intro.) The following levels of disbursements are established with reference to the candidates listed below. Except as provided in sub. (2), such levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election. The levels are subject to adjustment under sub. (9).

AB704, s. 27 Section 27. 11.31 (2m) of the statutes is amended to read:

AB704,16,25 11.31 (2m) Voluntary limitation. Any candidate for an office other than state senator or representative to the assembly to whom sub. (2) and s. 11.26 (10) do not apply may file an affidavit with his or her filing officer affirming that he or she has adhered and will adhere to the limitations imposed under sub. (2) and s. 11.26 during the entire campaign. These limitations apply to that candidate unless the candidate withdraws the affidavit by notifying his or her filing officer in writing no later than the 7th day after the date of the primary in which the person filing the affidavit is a candidate, or the 7th day after the date that the primary would be held, if no primary is required.

AB704, s. 28 Section 28. 11.31 (3m) of the statutes is repealed.

AB704, s. 29 Section 29. 11.31 (4) of the statutes is amended to read:

AB704,17,11 11.31 (4) Allocation. Except as provided in sub. (3m), whenever Whenever a separate disbursement level is specified for a primary and election under sub. (1), a candidate who disburses less than the authorized level in the primary may not reallocate the balance to increase the level in the election. Whenever a separate disbursement level is not specified for a primary and election under sub. (1), a candidate may allocate disbursements between the primary and election campaign within the total level of disbursements specified in sub. (1) in any proportion desired, and may carry over unexpended contributions from a primary campaign to an election campaign.

AB704, s. 30 Section 30. 11.31 (9) of the statutes is created to read:

AB704,17,16 11.31 (9) Adjustment of disbursement levels. (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

AB704,18,6 (b) The dollar amounts of the levels specified in sub. (1) (e) and (f) are subject to a biennial adjustment to be determined by rule of the board in accordance with this paragraph. To determine the adjustment, the board shall, in each year that the adjustment is made, calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for calendar year 2009. For each biennium, the board shall multiply the amount of each level specified under sub. (1) (e) and (f) by the percentage difference in the consumer price indexes. The board shall then add that product to the applicable level under sub. (1) (e) or (f), round each sum to the nearest multiple of $5, and adjust the amount of each level to substitute the resulting amount. The amount so determined shall then be in effect until a subsequent rule is promulgated under this paragraph. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this paragraph may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare and without a finding of emergency.

AB704, s. 31 Section 31. 11.38 (6) of the statutes is amended to read:

AB704,18,11 11.38 (6) Any individual or campaign treasurer who receives funds in violation of this section shall promptly return such funds to the contributor , or donate the funds to the common school fund or a charitable organization, at the individual's or treasurer's option.

AB704, s. 32 Section 32. 11.50 (1) (a) 1. of the statutes is amended to read:

AB704,18,21 11.50 (1) (a) 1. With respect to a spring or general election, any individual who is certified under s. 7.08 (2) (a) as a candidate in the spring election for justice or state superintendent, or an individual who receives at least 6% of the vote cast for all candidates on all ballots for any state office, except the office of state senator, representative to the assembly, or district attorney, for which the individual is a candidate at the September primary and who is certified under s. 7.08 (2) (a) as a candidate for that office in the general election, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at the spring or general election; and who has qualified for a grant under sub. (2).

AB704, s. 33 Section 33. 11.50 (1) (a) 2. of the statutes is amended to read:

AB704,19,19 11.50 (1) (a) 2. With respect to a special election, an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for state superintendent, or an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for any state office, except the office of state senator, representative to the assembly, or district attorney, on the ballot or column of a party whose candidate for the same office at the preceding general election received at least 6 percent of the vote cast for all candidates on all ballots for the office, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at a special election, or an individual who receives at least 6 percent of the vote cast for all candidates on all ballots for any state office, except the office of state senator, representative to the assembly, or district attorney, at a partisan special election; and who qualifies for a grant under sub. (2). Where the boundaries of a district in which an individual seeks office have been changed since the preceding general election such that it is not possible to calculate the exact number of votes that are needed by that individual to qualify as an eligible candidate prior to an election under this subdivision, the number of votes cast for all candidates for the office at the preceding general election in each ward, combination of wards or municipality which is wholly contained within the boundaries of the newly formed district shall be calculated. If the candidate of the political party on whose ballot or column the individual appears in the newly formed district obtained at least 6 percent of the number of votes calculated, the individual is deemed to qualify as an eligible candidate prior to the election under this subdivision.

AB704, s. 34 Section 34. 11.50 (2) (b) 5. of the statutes is amended to read:

AB704,20,17 11.50 (2) (b) 5. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received an amount equal to at least the amount provided in this subdivision, 10 percent of the candidate's authorized disbursement limitation under s. 11.31 (2) from contributions of money, other than loans, made by individuals, which have been received during the period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding such date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days preceding such date or the date a special election is ordered, whichever is earlier, in the case of special election candidates, which contributions are in the aggregate amount of $100 or less, and which are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5 percent of the candidate's authorized disbursement limitation under s. 11.31. For any other candidate at the general election, the required amount to qualify for a grant is 10 percent of the candidate's authorized disbursement limitation under s. 11.31.

AB704, s. 35 Section 35. 11.50 (3) (a) 1. of the statutes is amended to read:

AB704,20,22 11.50 (3) (a) 1. If an election for state superintendent is scheduled in the following year, 8 12 percent of the fund shall be placed in a superintendency account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer.

AB704, s. 36 Section 36. 11.50 (3) (a) 2. of the statutes is amended to read:

AB704,21,2 11.50 (3) (a) 2. If an election for justice is scheduled in the following year, 8 12 percent of the fund shall be placed in a supreme court account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer.

AB704, s. 37 Section 37. 11.50 (3) (b) of the statutes is amended to read:

AB704,21,10 11.50 (3) (b) If a vacancy occurs in the office of state superintendent or justice after August 15 in any year and an election is scheduled to fill the vacancy at the spring election in the following year, the state treasurer shall transfer an amount not exceeding 8 12 percent of the moneys transferred to the fund on the preceding August 15 to the account for the office in which the vacancy occurs, such moneys to be drawn from any the account within the accounts created under sub. (4) in the amount or amounts specified by the board.

AB704, s. 38 Section 38. 11.50 (4) (intro.) of the statutes is amended to read:

AB704,21,14 11.50 (4) Partisan and special election candidates for executive offices. (intro.) After apportionment under sub. (3), the remaining moneys shall constitute the partisan executive campaign account.

AB704, s. 39 Section 39. 11.50 (4) (a) of the statutes is repealed.

AB704, s. 40 Section 40. 11.50 (4) (c) of the statutes is repealed.

AB704, s. 41 Section 41. 11.50 (4) (cm) of the statutes is repealed.

AB704, s. 42 Section 42. 11.51 of the statutes is created to read:

AB704,21,22 11.51 Clean elections fund grants. (1) Any candidate for the office of state senator or representative to the assembly whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at an election may qualify to receive a grant from the clean elections fund by fulfilling the requirements of this section.

AB704,22,4 (2) (a) To qualify to receive a grant from the clean elections fund, a candidate shall obtain and deposit with the state treasurer the number of qualifying contributions specified in this subsection, in the amount of $5 each, each of which shall be received from an elector of the district in which the candidate seeks office. The name and address of each elector making a qualifying contribution shall be identified in a report filed with the board as provided in s. 11.06 (1) (a). The number of required qualifying contributions for a candidate for each office is:

AB704,22,5 1. State senator, 150.

AB704,22,6 2. Representative to the assembly, 100.

AB704,22,13 (b) In addition to the requirements imposed under par. (a), a candidate does not qualify to receive a grant for a general or partisan special election unless the candidate is the nominee of a recognized political party for the office of state senator or representative to the assembly or the candidate receives at least 1 percent of the total vote cast for all candidates on all ballots for the same office within the district in which the candidate seeks office at the September primary, or at a special primary if a special primary is held.

AB704,22,21 (3) Prior to notification that a candidate has qualified to receive a grant from the clean elections fund under sub. (7), a candidate may accept seed money contributions from individuals. The total seed money contributions accepted by a candidate from one contributor, including any seed money contributions made by a candidate to his or her own campaign, may not exceed $100. The total seed money contributions accepted by a candidate during the candidate's campaign, as defined in s. 11.26 (17), may not exceed, in the aggregate, the following amount for the office sought by candidate:

AB704,22,22 (a) State senator, $2,500.

AB704,22,23 (b) Representative to the assembly, $1,500.

AB704,22,25 (4) A contributor who makes a qualifying contribution may also make a seed money contribution in the full amount authorized under sub. (3).

AB704,23,5 (5) A candidate shall remit to the state treasurer all seed money contributions received by the candidate that are unencumbered on the day the candidate receives notification of qualification for a grant under sub. (7). The state treasurer shall deposit all seed money contributions received under this subsection into the clean elections fund.

AB704,23,8 (6) No candidate who accepts a grant from the clean elections fund may accept any seed money contribution under sub. (3) after receiving notification of qualification for a grant under sub. (7).

AB704,23,20 (7) To qualify to receive a grant from the clean elections fund, a candidate shall file an application with the board, no later than a time specified by the board by rule, in which the candidate shall affirm that he or she has not accepted and in consideration for receipt of a grant agrees not to accept a contribution from any source other than a contribution required under sub. (2), a contribution authorized under sub. (3), and the candidate's grant from the clean elections fund during the campaign of the candidate, as defined in s. 11.31 (7). If the candidate desires to receive grant payments by electronic transfer, the candidate shall include in his or her application sufficient information and authorization for the state treasurer to transfer payments to his or her campaign depository account. The board shall notify each candidate who qualifies to receive a grant from the clean elections fund as promptly as possible following qualification.

AB704,23,25 (8) (a) The board shall distribute primary election grants from the clean elections fund to each candidate who qualifies to receive a grant under this section as soon as possible preceding the date on which the primary election is held for the office that the candidate seeks or the date on which the primary election would be held if a primary election were required to be held.

AB704,24,5 (b) The board shall distribute grants for the general and any special election from the clean elections fund to each candidate who qualifies to receive a grant under this section as soon as possible after the date of the primary election for the office sought by the candidate, or the date on which the primary election would be held if a primary election were required to be held.

AB704,24,8 (9) A candidate who receives a grant from the clean elections fund shall file with the board reports of all disbursements made in the manner provided under s. 11.06 (1) (g), without regard to the amounts thereof.

AB704,24,13 (10) (a) Except as provided in pars. (b) and (c) and subs. (11) to (13), a candidate who qualifies to receive a grant from the clean elections fund under this section shall receive a grant in the following amount for the office sought by the candidate and for the election specified, less the aggregate amount of contributions accepted by the candidate under sub. (3): - See PDF for table

AB704,25,4 (b) If a candidate does not have an opponent who has qualified to have his or her name appear on the ballot at the election for which a grant is to be applied, the candidate shall receive a grant for a primary election equal to the average total disbursements made per candidate in primary election campaign periods, as determined by the board from reports filed by or on behalf of those candidates in accordance with s. 11.31 (5), for the office that the candidate seeks during the 4-year period preceding the date of the primary election, or a grant for a general or special election equal to the average total disbursements made per candidate in general and special election campaign periods, as determined by the board from reports filed by or on behalf of those candidates in accordance with s. 11.31 (5), for the office that the candidate seeks during the 4-year period preceding the date of the general or special election.

AB704,25,13 (c) If a candidate who receives a grant under this subsection is opposed by one or more candidates who could qualify for a grant under sub. (2) (b) but who do not file an application for a grant under sub. (7) or who fail to meet other requirements for receipt of a grant, the candidate who receives a grant under this subsection shall receive an additional grant equal to the total maximum grant that would have been payable to that opponent or to those opponents, but not to exceed, in combination with any additional grant payable to that candidate under subs. (12) and (13), 2.5 times the amount payable to that candidate under sub. (10) (a), as adjusted under sub. (11).

AB704,25,16 (11) (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

AB704,26,7 (b) The dollar amounts of the grants specified in sub. (10) (a) are subject to a biennial cost-of-living adjustment to be determined by rule of the board in accordance with this paragraph. To determine the adjustment, the board shall, as soon as possible after the end of each odd-numbered year, calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for calendar year 2009. For each biennium, the board shall multiply the amount of each grant specified in sub. (10) (a) by the percentage difference in the consumer price indexes. The board shall then add that product to the applicable grant amount under sub. (10) (a), round each sum to the nearest multiple of $5, and adjust the amount of each grant to substitute the resulting amount. The amount so determined shall then be in effect until a subsequent rule is promulgated under this paragraph. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this paragraph may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare, and without a finding of emergency.

AB704,26,17 (12) If any disbursement is made or any obligation to make a disbursement is incurred to make a communication identified in s. 11.01 (16) (a) 3. by any person in opposition to a candidate who receives a grant from the clean elections fund or in support of an opponent of such a candidate whose name is certified to appear on the same ballot, then the candidate who receives a grant shall receive an additional grant in the total amount of the obligations incurred and the disbursements made that were not previously reported as obligations, as reported to the appropriate filing officer under s. 11.12 (6) (b), but not to exceed, in combination with any additional grant payable to that candidate under subs. (10) (c) and (13), 2.5 times the amount payable to the candidate under sub. (10) (a), as adjusted under sub. (11).

AB704,27,6 (13) If a candidate who receives a grant from the clean elections fund is opposed on a primary or election ballot by another candidate who does not receive a grant or by another candidate who the board determines has violated his or her agreement under sub. (7), the candidate who receives a grant shall receive an additional grant in the amount by which the disbursements made by the other candidate exceed the amount of the grant payable for the office sought by the candidate in that election under sub. (10) (a), as adjusted under sub. (11), but not to exceed, in combination with any additional grant payable to that candidate under subs. (10) (c) and (12), 2.5 times the amount payable to the candidate under sub. (10) (a), as adjusted under sub. (11). If a candidate who receives a grant from the clean elections fund is opposed on a primary or election ballot by more than one candidate who does not receive a grant or who the board determines has violated his or her agreement under sub. (7), the amount of the grant payable under this subsection is the largest amount that would be payable by reason of any candidate's opposition.

AB704,27,12 (14) If a candidate who makes an agreement under sub. (7) does not adhere to the agreement, the candidate shall forfeit an amount equivalent to any grant from the clean elections fund that is provided to the candidate and the candidate may be fined not more than 3 times the amount of any contributions received by the candidate in his or her campaign, as defined in s. 11.26 (17), exclusive of the amount of any grant or any contributions deposited under sub. (2) or received under sub. (3).

AB704,27,19 (15) No later than the first day of the first month beginning at least 15 days after an election at which a candidate receives a grant from the clean elections fund, the candidate shall return to the state treasurer any amount of the grant remaining in the candidate's campaign depository account, except that a candidate who receives a grant at a primary election need not return any amount under this subsection if the candidate qualifies to receive a grant at the succeeding general or special election.

AB704,27,20 (16) The board may promulgate rules required to implement this section.

AB704, s. 43 Section 43 . 14.58 (20) of the statutes, as affected by 2007 Wisconsin Act 1, is repealed and recreated to read:

AB704,28,2 14.58 (20) Grants to candidates. Make disbursements to each candidate certified under s. 7.08 (2) (c) or (cm) by the government accountability board as eligible to receive a grant from the Wisconsin election campaign fund or the clean elections fund.

AB704, s. 44 Section 44 . 20.511 (1) (r) of the statutes is created to read:

AB704,28,5 20.511 (1) (r) Clean elections fund grants. From the clean elections fund, a sum sufficient to make the grants to candidates required under s. 11.51.

AB704, s. 45 Section 45. 20.855 (4) (ba) of the statutes is created to read:

AB704,28,10 20.855 (4) (ba) Lobbying expenditure tax revenue transfer. A sum sufficient equal to the amounts certified by the secretary of revenue under s. 77.9983, to be transferred from the general fund to the clean elections fund annually on September 16.

AB704, s. 46 Section 46. 20.855 (4) (bb) of the statutes is created to read:

AB704,28,16 20.855 (4) (bb) Clean elections fund supplement. A sum sufficient equal to the amounts required to make full payment of the grants to candidates required under s. 11.51 if the transfer under par. (ba) is insufficient to make full payment of those grants, to be transferred from the general fund to the clean elections fund no later than the time required to make payments of grants under s. 11.51 (8).

AB704, s. 47 Section 47. 25.17 (1) (aw) of the statutes is created to read:

AB704,28,18 25.17 (1) (aw) Clean elections fund (s. 25.42);

AB704, s. 48 Section 48. 25.421 of the statutes is created to read:

AB704,28,23 25.421 Clean elections fund. All moneys deposited with the state treasurer under s. 11.51 (2) and (5) or returned to the state treasurer under s. 11.51 (15) and all moneys transferred to the clean elections fund under s. 20.855 (4) (ba) and (bb) constitute the clean elections fund.

AB704, s. 49 Section 49. Chapter 77 (title) of the statutes is amended to read:

AB704,28,25 CHAPTER 77

AB704,29,12 TAXATION OF FOREST CROPLANDS; REAL ESTATE TRANSFER FEES; SALES AND USE TAXES; COUNTY AND SPECIAL DISTRICT SALES AND USE TAXES; MANAGED FOREST LAND; RECYCLING SURCHARGE; LOCAL FOOD AND BEVERAGE TAX; LOCAL RENTAL CAR TAX; Premier resort area taxes; state rental vehicle fee; dry cleaning fees; REGIONAL TRANSIT AUTHORITY FEE; lobbying expenditure tax

AB704, s. 50 Section 50. Subchapter XIV of chapter 77 [precedes 77.998] of the statutes is created to read:

AB704,29,15 CHAPTER 77

AB704,29,17 SUBCHAPTER XIV lobbying expenditure TAX