SB1,50,2423
11.26
(9) (ba) Paragraphs (a) and (b) do not apply to a candidate who receives
24a public financing benefit from the democracy trust fund.
SB1, s. 93
1Section
93. 11.26 (10) of the statutes is renumbered 11.26 (10) (a) and amended
2to read:
SB1,51,193
11.26
(10) (a)
No Except as provided in par. (b), no candidate for state office who
4files a sworn statement and application to receive a grant from the Wisconsin election
5campaign fund may make contributions of more than 200 percent of the amounts
6specified in sub. (1) to the candidate's own campaign from the candidate's personal
7funds or property or the personal funds or property which are owned jointly or as
8marital property with the candidate's spouse, unless the board determines that the
9candidate is not eligible to receive a grant
, or the candidate withdraws his or her
10application under s. 11.50 (2) (h)
, or s. 11.50 (2) (i) applies. For purposes of this
11subsection paragraph, any contribution received by a candidate or his or her
12personal campaign committee from a committee which is registered with the federal
13elections commission as the authorized committee of the candidate under
2 USC 432 14(e) shall be treated as a contribution made by the candidate to his or her own
15campaign. The contribution limit of sub. (4) applies to amounts contributed by such
16a candidate personally to the candidate's own campaign and to other campaigns,
17except that a candidate may exceed the limitation if authorized under this
subsection 18paragraph to contribute more than the amount specified to the candidate's own
19campaign, up to the amount of the limitation.
SB1, s. 94
20Section
94. 11.26 (10) (b) of the statutes is created to read:
SB1,52,321
11.26
(10) (b) If a candidate is authorized to make disbursements under s. 11.31
22(3p) exceeding the limitation otherwise applicable to the candidate as prescribed
23under s. 11.31 (1) and adjusted under s. 11.31 (9), then the limitation otherwise
24applicable to that candidate under par. (a) is increased by an amount equal to the
25ratio that the amount specified in par. (a) bears to the disbursement limitation
1specified for that candidate under s. 11.31 (1), as adjusted under s. 11.31 (9),
2multiplied by the amount of the increased disbursement limitation authorized for
3that candidate under s. 11.31 (3p).
SB1, s. 95
4Section
95. 11.26 (13) of the statutes is amended to read:
SB1,52,75
11.26
(13) Except as provided in sub. (9), contributions received from the
6Wisconsin election campaign fund
and public financing benefits received from the
7democracy trust fund are not subject to limitation by this section.
SB1, s. 96
8Section
96. 11.265 of the statutes is repealed.
SB1, s. 97
9Section
97. 11.30 (4) of the statutes is amended to read:
SB1,52,1210
11.30
(4) No owner or other person with a financial interest in a
11communications medium may utilize such medium in support of or in opposition to
12a candidate or referendum
, except as provided in this chapter.
SB1,52,16
13(4m) This chapter shall not be construed to restrict fair coverage of bona fide
14news stories, interviews with candidates and other politically active individuals,
15editorial comment or endorsement. Such activities need not be reported as a
16contribution or disbursement.
SB1, s. 98
17Section
98. 11.31 (1) (intro.) of the statutes is amended to read:
SB1,52,2218
11.31
(1) Schedule. (intro.) The following levels of disbursements are
19established with reference to the candidates listed below.
The levels are subject to
20adjustment under sub. (9). Except as provided in sub. (2), such levels do not operate
21to restrict the total amount of disbursements which are made or authorized to be
22made by any candidate in any primary or other election.
SB1, s. 99
23Section
99. 11.31 (1) (a) to (d) of the statutes are amended to read:
SB1,52,2424
11.31
(1) (a) Candidates for governor,
$1.078,200 $4,000,000.
SB1,52,2525
(b) Candidates for lieutenant governor,
$323,475
$500,000.
SB1,53,1
1(c) Candidates for attorney general,
$539,000
$700,000.
SB1,53,32
(d) Candidates for secretary of state, state treasurer, justice or state
3superintendent,
$215,625 $250,000.
SB1, s. 100
4Section
100
. 11.31 (1) (d) of the statutes, as affected by 2007 Wisconsin Act ....
5(this act), is amended to read:
SB1,53,76
11.31
(1) (d) Candidates for secretary of state, state treasurer,
justice or state
7superintendent, $250,000.
SB1, s. 101
8Section
101. 11.31 (1) (e) and (f) of the statutes are amended to read:
SB1,53,119
11.31
(1) (e) Candidates for state senator,
$34,500 $150,000 total in the primary
10and election, with disbursements not exceeding
$21,575
$108,000 for either the
11primary or the election.
SB1,53,1412
(f) Candidates for representative to the assembly,
$17,250 $75,000 total in the
13primary and election, with disbursements not exceeding
$10,775 $54,000 for either
14the primary or the election.
SB1, s. 102
15Section
102. 11.31 (2) of the statutes is amended to read:
SB1,54,516
11.31
(2) Limitation imposed. No candidate for state office at a spring or general
17election who files a sworn statement and application to receive a grant from the
18Wisconsin election campaign fund may make or authorize total disbursements from
19the campaign treasury in any campaign to the extent of more than the amount
20prescribed in sub. (1),
adjusted as provided under sub. (9), unless the board
21determines that the candidate is not eligible to receive a grant, the candidate
22withdraws his or her application under s. 11.50 (2) (h), or
s.11.50 (2) (i) applies sub.
23(3p) applies to that candidate. No candidate for state office at a special election who
24files a sworn statement and application to receive a grant from the Wisconsin election
25campaign fund may make or authorize total disbursements from the campaign
1treasury in any campaign to the extent of more than the amount prescribed under
2sub. (1)
, adjusted as provided under sub. (9), for the preceding spring or general
3election for the same office, unless the board determines that the candidate is not
4eligible to receive a grant, the candidate withdraws his or her application under s.
511.50 (2) (h), or
s.11.50 (2) (i) applies sub. (3p) applies to that candidate.
SB1, s. 103
6Section
103. 11.31 (2m) of the statutes is repealed:
SB1, s. 104
7Section
104. 11.31 (3) of the statutes is amended to read:
SB1,54,138
11.31
(3) Gubernatorial campaigns. For purposes of compliance with the
9limitations imposed under sub. (2), candidates for governor and lieutenant governor
10of the same political party who both accept grants from the Wisconsin election
11campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b)
,
12adjusted as provided in sub. (9), and reallocate the total level between them. The
13candidates shall each inform the board of any such agreement.
SB1, s. 105
14Section
105. 11.31 (3p) of the statutes is created to read:
SB1,54,1815
11.31
(3p) Candidates receiving supplemental grants; exception. If a
16candidate receives a supplemental grant under s. 11.50 (9) (ba) or (bb), the
17disbursement limitation of that candidate for the campaign in which the grant is
18received is increased by the amount of the supplemental grant.
SB1, s. 106
19Section
106. 11.31 (9) of the statutes is created to read:
SB1,54,2320
11.31
(9) Adjustment of disbursement levels. (a) In this subsection,
21"consumer price index" means the average of the consumer price index over each
2212-month period, all items, U.S. city average, as determined by the bureau of labor
23statistics of the U.S. department of labor.
SB1,55,1124
(b) The dollar amounts of all disbursement limitations specified in sub. (1) shall
25be subject to a cost-of-living adjustment to be determined by rule of the board in
1accordance with this subsection. To determine the adjustment, the board shall
2calculate the percentage difference between the consumer price index for the
312-month period ending on December 31 of each odd-numbered year and the
4consumer price index for calendar year 2007. For each biennium, the board shall
5adjust the disbursement limitations specified under sub. (1) by that percentage to the
6extent required to reflect any difference, rounded to the nearest multiple of $25 in
7the case of amounts of $1 or more, which amount shall be in effect until a subsequent
8rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b),
9and (3), determinations under this subsection may be promulgated as an emergency
10rule under s. 227.24 without providing evidence that the emergency rule is necessary
11for the public peace, health, safety, or welfare, and without a finding of emergency.
SB1, s. 107
12Section
107. 11.38 (1) (a) 2. of the statutes is amended to read:
SB1,56,213
11.38
(1) (a) 2. Notwithstanding subd. 1., any such corporation or association
14may establish and administer a separate segregated fund and solicit contributions
15from individuals to the fund to be utilized by such corporation or association, for the
16purpose of supporting or opposing any candidate for state or local office but the
17corporation or association may not make any contribution to the fund. The fund shall
18appoint a treasurer and shall register as a political committee under s. 11.05. A
19parent corporation or association engaging solely in this activity is not subject to
20registration under s. 11.05, but shall register and file special reports on forms
21prescribed by the board disclosing its administrative and solicitation expenses on
22behalf of such fund. A corporation not domiciled in this state need report only its
23expenses for administration and solicitation of contributions in this state together
24with a statement indicating where information concerning other administration and
25solicitation expenses of its fund may be obtained. The reports shall be filed with the
1filing officer for the fund specified in s. 11.02 in the manner in which continuing
2reports are filed under s. 11.20 (4) and (8)
, and s. 11.21 (16), if applicable.
SB1, s. 108
3Section
108. 11.38 (2m) of the statutes is created to read:
SB1,56,94
11.38
(2m) (a) Notwithstanding subd. 1., a corporation or association specified
5in subd. 1. may make a disbursement that is authorized under par. (b) for the purpose
6of making a communication specified in s. 11.01 (16) (a) 3. unless the communication
7is susceptible of no reasonable interpretation other than as an appeal to vote for or
8against a candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to
9appear on the ballot at an election.
SB1,56,1010
(b) A disbursement is permitted under par. (a) if the communication:
SB1,56,1211
1. Does not mention an election, candidacy, opposing candidate, political party,
12or voting by the general public; and
SB1,56,1413
2. Does not take a position on a candidate's or officeholder's character,
14qualifications, or fitness for office; and either:
SB1,56,1715
a. Focuses on a legislative or executive matter or issue and urges a candidate
16to take a particular position or action with respect to the matter or issue or urges the
17public to contact a candidate with respect to the matter or issue; or
SB1,56,1918
b. Proposes a commercial transaction, such as the purchase of a book, video, or
19other product or service.
SB1,56,2220
(b) A corporation that makes a disbursement under par. (a) is subject to
21applicable registration requirements under s. 11.05 (1) and reporting requirements
22under ss. 11.06 (1) and 11.12 (6) (c).
SB1, s. 109
23Section
109. 11.38 (6) of the statutes is amended to read:
SB1,57,324
11.38
(6) Any individual or campaign treasurer who receives funds in violation
25of this section shall promptly return such funds to the contributor
or, donate the
1funds to the common school fund or a charitable organization,
or transfer the funds
2to the board for deposit in the Wisconsin election campaign fund, at the treasurer's
3option.
SB1, s. 110
4Section
110. 11.38 (8) (b) of the statutes is amended to read:
SB1,57,165
11.38
(8) (b) Except as authorized in s. 11.05 (12) (b) and (13), prior to making
6any disbursement on behalf of a political group which is promoting or opposing a
7particular vote at a referendum and prior to accepting any contribution or making
8any disbursement to promote or oppose a particular vote at a referendum, a
9corporation or association organized under ch. 185 or 193 shall register with the
10appropriate filing officer specified in s. 11.02 and appoint a treasurer. The
11registration form of the corporation or association under s. 11.05 shall designate an
12account separate from all other corporation or association accounts as a campaign
13depository account, through which all moneys received or expended
for the adoption
14or rejection of to promote or oppose a particular vote at the referendum shall pass.
15The corporation or association shall file periodic reports under s. 11.20
, and under
16s. 11.21 (16), if applicable, providing the information required under s. 11.06 (1).
SB1, s. 111
17Section
111. 11.50 (1) (a) 1. (intro.) of the statutes is created to read:
SB1,57,1918
11.50
(1) (a) 1. (intro.) For purposes of qualification for a grant from the general
19account:
SB1, s. 112
20Section
112. 11.50 (1) (a) 1. of the statutes is renumbered 11.50 (1) (a) 1. a.
SB1, s. 113
21Section
113
. 11.50 (1) (a) 1. a. of the statutes, as affected by 2007 Wisconsin
22Act .... (this act), is amended to read:
SB1,58,523
11.50
(1) (a) 1. a. With respect to a spring or general election, any individual
24who is certified under s. 7.08 (2) (a) as a candidate in the spring election for
justice
25or state superintendent, or an individual who receives at least 6% of the vote cast for
1all candidates on all ballots for any state office, except district attorney, for which the
2individual is a candidate at the September primary and who is certified under s. 7.08
3(2) (a) as a candidate for that office in the general election, or an individual who has
4been lawfully appointed and certified to replace either such individual on the ballot
5at the spring or general election; and who has qualified for a grant under sub. (2).
SB1, s. 114
6Section
114. 11.50 (1) (a) 2. of the statutes is renumbered 11.50 (1) (a) 1. b.
SB1, s. 115
7Section
115. 11.50 (1) (a) 2m. of the statutes is created to read:
SB1,58,138
11.50
(1) (a) 2m. For purposes of qualification for a grant from a political party
9account, an individual who is certified under s. 7.08 (2) (a) in the general election or
10under s. 8.50 (1) (d) in a special election as the candidate of an eligible political party
11for a state office, other than district attorney, or an individual who has been lawfully
12appointed and certified to replace such an individual on the ballot at the general or
13a special election and who has qualified for a grant under sub. (2).
SB1, s. 116
14Section
116. 11.50 (1) (am) of the statutes is created to read:
SB1,58,1515
11.50
(1) (am) "Eligible political party" means any of the following:
SB1,58,2016
1. A party qualifying under s. 5.62 (2) for a separate ballot or one or more
17separate columns or rows on a ballot for the period beginning on the preceding June
181, or, if that June 1 is in an odd-numbered year, the period beginning on June 1 of
19the preceding even-numbered year, and ending on May 31 of the 2nd year following
20the beginning of that period.
SB1,58,2421
2. A party qualifying under s. 5.62 (1) (b) for a separate ballot or one or more
22separate columns or rows on a ballot for the period beginning on the date of the
23preceding general election and ending on the day before the general election that
24follows that election.
SB1, s. 117
25Section
117. 11.50 (1) (bm) and (cm) of the statutes are created to read:
SB1,59,2
111.50
(1) (bm) "General account" means the account in the fund created under
2sub. (2w).
SB1,59,43
(cm) "Political party account" means an account in the fund created under sub.
4(2s).
SB1, s. 118
5Section
118. 11.50 (1) (e) of the statutes is created to read:
SB1,59,146
11.50
(1) (e) "Qualifying period" means the period beginning on July 1
7preceding the date of the spring primary and ending on the date of the spring primary
8in the case of candidates at the spring election; the period beginning on January 1
9preceding the date of the September primary and ending on the date of the
10September primary in the case of candidates at the general election; or the period
11beginning on the 90th day beginning before the date on which a special primary will
12or would be held, if required, or the date on which a special election is ordered,
13whichever is earlier, and ending on the date of a special election, in the case of
14candidates at a special election.
SB1, s. 119
15Section
119. 11.50 (2) (a) of the statutes is amended to read:
SB1,60,516
11.50
(2) (a) Any individual who desires to qualify as an eligible candidate may
17file an application with the board requesting approval to participate in the fund. The
18application shall be filed no later than the applicable deadline for filing nomination
19papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a)
, or 8.50 (3) (a), no later than 4:30 p.m.
20on the 7th day after the primary or date on which the primary would be held if
21required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day
22after appointment in the case of candidates appointed to fill vacancies. The
23application shall contain a sworn statement that the candidate and his or her
24authorized agents have complied with the contribution limitations prescribed in s.
2511.26 and the disbursement limitations prescribed under s. 11.31
(2), as adjusted
1under s. 11.31 (9), at all times to which such limitations have applied to his or her
2candidacy and will continue to comply with the limitations at all times to which the
3limitations apply to his or her candidacy for the office in contest, unless the board
4determines that the candidate is not eligible to receive a grant, the candidate
5withdraws his or her application under par. (h), or
par (i) s. 11.31 (3p) applies.
SB1, s. 120
6Section
120. 11.50 (2) (b) 5. of the statutes is amended to read:
SB1,61,77
11.50
(2) (b) 5. The financial reports filed by or on behalf of the candidate as
8of the date of the spring or September primary, or the date that the special primary
9is or would be held, if required, indicate that the candidate has received at least
the
10amount provided in this subdivision an amount equal to 5 percent of the applicable
11authorized disbursement limitation, as determined under s. 11.31 (1) and adjusted
12under s. 11.31 (9), from contributions of money, other than loans, made by individuals
13who reside in this state and, in the case of a candidate for legislative office, except
14as provided in par. (bm), at least 50 percent of the amount of which are made by
15individuals who reside within the legislative district in which the candidate seeks
16office, which have been received during the
qualifying period
ending on the date of
17the spring primary and July 1 preceding such date in the case of candidates at the
18spring election, or the date of the September primary and January 1 preceding such
19date in the case of candidates at the general election, or the date that a special
20primary will or would be held, if required, and 90 days preceding such date or the
21date a special election is ordered, whichever is earlier, in the case of special election
22candidates, which
contributions are in the aggregate amount of $100 or less, and
23which are fully identified and itemized as to the exact source thereof. A contribution
24received from a conduit which is identified by the conduit as originating from an
25individual shall be considered a contribution made by the individual.
Only Except
1as authorized in par. (bm), only the first $100 of an aggregate contribution of more
2than $100 may be counted toward the required percentage.
For a candidate at the
3spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at
4a special election, the required amount to qualify for a grant is 5 percent of the
5candidate's authorized disbursement limitation under s. 11.31. For any other
6candidate at the general election, the required amount to qualify for a grant is 10
7percent of the candidate's authorized disbursement limitation under s. 11.31.
SB1, s. 121
8Section
121. 11.50 (2) (bm) of the statutes is created to read:
SB1,61,139
11.50
(2) (bm) A candidate for legislative office may substitute contributions
10received by the candidate from political party committees for not more than 50
11percent of the contributions that are required under par. (b) 5. to be received from
12individuals who reside within the legislative district in which the candidate seeks
13office.
SB1, s. 122
14Section
122. 11.50 (2) (c) of the statutes is amended to read:
SB1,62,215
11.50
(2) (c) If a candidate has not filed financial reports as of the date of the
16spring primary, September primary, special primary, or date that the special primary
17would be held, if required, which indicate that he or she has met the qualification
18under par. (b) 5., the candidate may file a special report with the board. Such report
19shall be filed not later than the 7th day after the primary, or 7th day after the date
20the primary would be held, if required, and shall include such supplementary
21information as to sources of contributions which may be necessary to complete the
22candidate's qualification. The special report shall cover the period from the day after
23the last date covered on the candidate's most recent report, or from the date on which
24the first contribution was received or the first disbursement was made, whichever
25is earlier, if the candidate has not previously filed a report, to the date of such report.
1All information included on the special report shall also be included in the
2candidate's next report under s. 11.20
or 11.21 (16).
SB1, s. 123
3Section
123. 11.50 (2) (f) of the statutes is amended to read:
SB1,62,104
11.50
(2) (f) The board shall inform each candidate in writing of the approval
5or disapproval of the candidate's application, as promptly as possible after the date
6of the spring primary, September primary, special primary, or date that the primary
7would be held, if required. With respect to a candidate at a special election who
8applies for a postelection grant under sub. (1) (a)
2.
1. b., the board shall inform the
9candidate in writing of the conditional approval or disapproval of the candidate's
10application at the same time.
SB1, s. 124
11Section
124. 11.50 (2) (g) of the statutes is amended to read:
SB1,62,1912
11.50
(2) (g) A candidate who voluntarily files an application to receive a grant
13in accordance with this subsection accepts and agrees to comply with the
14contribution limitations prescribed in s. 11.26 and the disbursement limitations
15imposed under s. 11.31
(2), as adjusted under s. 11.31 (9), as binding upon himself
16or herself and his or her agents during the campaign as defined in s. 11.31 (7), as a
17precondition to receipt of a grant under this section, unless the board determines
18that the candidate is not eligible to receive a grant, the candidate withdraws the
19application under par. (h), or
par. (i) s. 11.31 (3p) applies.
SB1, s. 125
20Section
125. 11.50 (2) (i) of the statutes is repealed.
SB1, s. 126
21Section
126. 11.50 (2s) of the statutes is created to read:
SB1,63,222
11.50
(2s) Political party accounts. (a) There is established a political party
23account for each eligible political party whose state chairperson files a written
24request with the board to establish an account for the party under this subsection.
1Each political party account consists of all moneys designated by individuals for
2deposit in that account under s. 71.10 (3) (a).
SB1,63,133
(b) From the account of each eligible political party, the board shall apportion
4moneys to eligible candidates representing that party who qualify to receive grants.
5If at any election there are insufficient moneys in the account of any eligible political
6party to make full payment of all grants for which candidates of that political party
7qualify, the board shall apportion the available moneys in the account to candidates
8of the political party in the proportion that the available moneys bear to the total
9amount required to make full payment of all grants payable to candidates of that
10political party. If any candidate of a political party qualifies to receive a
11supplemental grant under sub. (9) (ba) or (bb) the board shall first make payment
12of the supplemental grant from the account of that political party using the method
13of apportionment provided in this paragraph if necessary.
SB1,63,1614
(c) If a political party for which an account is established under this subsection
15ceases to be an eligible political party, the board shall transfer the unencumbered
16balance of that account to the general account.
SB1, s. 127
17Section
127. 11.50 (2w) of the statutes is created to read:
SB1,63,2018
11.50
(2w) General account. There is established a general account within
19the fund consisting of all moneys in the fund not designated by individuals for deposit
20in a political party account under s. 71.10 (3) (a).
SB1, s. 128
21Section
128. 11.50 (3) of the statutes is repealed.
SB1, s. 129
22Section
129. 11.50 (4) of the statutes is repealed.
SB1, s. 130
23Section
130. 11.50 (4e) of the statutes is created to read:
SB1,64,624
11.50
(4e) Payment of grant amounts. The state treasurer shall make payment
25of each grant to an eligible candidate from the political party account of that
1candidate's political party, if any, if there are sufficient moneys in that account to
2make full payment of the grant, and then from the general account. If there are
3insufficient moneys in the general account to make full payment of a grant, the state
4treasurer shall supplement the general account from the appropriation under s.
520.855 (4) (ba) in an amount sufficient to make full payment of the grant. Except as
6provided in sub. (10), the amount of each grant is the amount specified in sub. (9).
SB1, s. 131
7Section
131. 11.50 (5) (title) of the statutes is amended to read:
SB1,64,88
11.50
(5) (title)
Time of disbursement grant payments.