SB12, s. 90
12Section
90. 11.31 (2) of the statutes is amended to read:
SB12,48,213
11.31
(2) Limitation imposed. No candidate for state office at a spring or general
14election who files a sworn statement and application to receive a grant from the
15Wisconsin election campaign fund may make or authorize total disbursements from
16the campaign treasury in any campaign to the extent of more than the amount
17prescribed in sub. (1),
adjusted as provided under sub. (9), unless the board
18determines that the candidate is not eligible to receive a grant, the candidate
19withdraws his or her application under s. 11.50 (2) (h), or
s.11.50 (2) (i) applies sub.
20(3p) applies to that candidate. No candidate for state office at a special election who
21files a sworn statement and application to receive a grant from the Wisconsin election
22campaign fund may make or authorize total disbursements from the campaign
23treasury in any campaign to the extent of more than the amount prescribed under
24sub. (1)
, adjusted as provided under sub. (9), for the preceding spring or general
25election for the same office, unless the board determines that the candidate is not
1eligible to receive a grant, the candidate withdraws his or her application under s.
211.50 (2) (h), or
s.11.50 (2) (i) applies sub. (3p) applies to that candidate.
SB12, s. 91
3Section
91. 11.31 (2m) of the statutes is repealed:
SB12, s. 92
4Section
92. 11.31 (3) of the statutes is amended to read:
SB12,48,105
11.31
(3) Gubernatorial campaigns. For purposes of compliance with the
6limitations imposed under sub. (2), candidates for governor and lieutenant governor
7of the same political party who both accept grants from the Wisconsin election
8campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b)
,
9adjusted as provided in sub. (9), and reallocate the total level between them. The
10candidates shall each inform the board of any such agreement.
SB12, s. 93
11Section
93. 11.31 (3p) of the statutes is created to read:
SB12,48,1512
11.31
(3p) Candidates receiving supplemental grants; exception. If a
13candidate receives a supplemental grant under s. 11.50 (9) (ba) or (bb), the
14disbursement limitation of that candidate for the campaign in which the grant is
15received is increased by the amount of the supplemental grant.
SB12, s. 94
16Section
94. 11.31 (9) of the statutes is created to read:
SB12,48,2017
11.31
(9) Adjustment of disbursement levels. (a) In this subsection,
18"consumer price index" means the average of the consumer price index over each
1912-month period, all items, U.S. city average, as determined by the bureau of labor
20statistics of the U.S. department of labor.
SB12,49,821
(b) The dollar amounts of all disbursement limitations specified in sub. (1) shall
22be subject to a cost-of-living adjustment to be determined by rule of the board in
23accordance with this subsection. To determine the adjustment, the board shall
24calculate the percentage difference between the consumer price index for the
2512-month period ending on December 31 of each odd-numbered year and the
1consumer price index for calendar year 2007. For each biennium, the board shall
2adjust the disbursement limitations specified under sub. (1) by that percentage to the
3extent required to reflect any difference, rounded to the nearest multiple of $25 in
4the case of amounts of $1 or more, which amount shall be in effect until a subsequent
5rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b),
6and (3), determinations under this subsection may be promulgated as an emergency
7rule under s. 227.24 without providing evidence that the emergency rule is necessary
8for the public peace, health, safety, or welfare, and without a finding of emergency.
SB12, s. 95
9Section
95. 11.38 (1) (a) 2. of the statutes is amended to read:
SB12,49,2410
11.38
(1) (a) 2. Notwithstanding subd. 1., any such corporation or association
11may establish and administer a separate segregated fund and solicit contributions
12from individuals to the fund to be utilized by such corporation or association, for the
13purpose of supporting or opposing any candidate for state or local office but the
14corporation or association may not make any contribution to the fund. The fund shall
15appoint a treasurer and shall register as a political committee under s. 11.05. A
16parent corporation or association engaging solely in this activity is not subject to
17registration under s. 11.05, but shall register and file special reports on forms
18prescribed by the board disclosing its administrative and solicitation expenses on
19behalf of such fund. A corporation not domiciled in this state need report only its
20expenses for administration and solicitation of contributions in this state together
21with a statement indicating where information concerning other administration and
22solicitation expenses of its fund may be obtained. The reports shall be filed with the
23filing officer for the fund specified in s. 11.02 in the manner in which continuing
24reports are filed under s. 11.20 (4) and (8)
, and s. 11.21 (16), if applicable.
SB12, s. 96
25Section
96. 11.38 (6) of the statutes is amended to read:
SB12,50,5
111.38
(6) Any individual or campaign treasurer who receives funds in violation
2of this section shall promptly return such funds to the contributor
or, donate the
3funds to the common school fund or a charitable organization,
or transfer the funds
4to the board for deposit in the Wisconsin election campaign fund, at the treasurer's
5option.
SB12, s. 97
6Section
97. 11.38 (8) (b) of the statutes is amended to read:
SB12,50,187
11.38
(8) (b) Except as authorized in s. 11.05 (12) (b) and (13), prior to making
8any disbursement on behalf of a political group which is promoting or opposing a
9particular vote at a referendum and prior to accepting any contribution or making
10any disbursement to promote or oppose a particular vote at a referendum, a
11corporation or association organized under ch. 185 or 193 shall register with the
12appropriate filing officer specified in s. 11.02 and appoint a treasurer. The
13registration form of the corporation or association under s. 11.05 shall designate an
14account separate from all other corporation or association accounts as a campaign
15depository account, through which all moneys received or expended
for the adoption
16or rejection of to promote or oppose a particular vote at the referendum shall pass.
17The corporation or association shall file periodic reports under s. 11.20
, and under
18s. 11.21 (16), if applicable, providing the information required under s. 11.06 (1).
SB12, s. 98
19Section
98. 11.50 (1) (a) 1. (intro.) of the statutes is created to read:
SB12,50,2120
11.50
(1) (a) 1. (intro.) For purposes of qualification for a grant from the general
21account:
SB12, s. 99
22Section
99. 11.50 (1) (a) 1. of the statutes is renumbered 11.50 (1) (a) 1. a.
SB12, s. 100
23Section
100. 11.50 (1) (a) 2. of the statutes is renumbered 11.50 (1) (a) 1. b.
SB12, s. 101
24Section
101. 11.50 (1) (a) 2m. of the statutes is created to read:
SB12,51,6
111.50
(1) (a) 2m. For purposes of qualification for a grant from a political party
2account, an individual who is certified under s. 7.08 (2) (a) in the general election or
3under s. 8.50 (1) (d) in a special election as the candidate of an eligible political party
4for a state office, other than district attorney, or an individual who has been lawfully
5appointed and certified to replace such an individual on the ballot at the general or
6a special election and who has qualified for a grant under sub. (2).
SB12, s. 102
7Section
102. 11.50 (1) (am) of the statutes is created to read:
SB12,51,88
11.50
(1) (am) "Eligible political party" means any of the following:
SB12,51,139
1. A party qualifying under s. 5.62 (2) for a separate ballot or one or more
10separate columns or rows on a ballot for the period beginning on the preceding June
111, or, if that June 1 is in an odd-numbered year, the period beginning on June 1 of
12the preceding even-numbered year, and ending on May 31 of the 2nd year following
13the beginning of that period.
SB12,51,1714
2. A party qualifying under s. 5.62 (1) (b) for a separate ballot or one or more
15separate columns or rows on a ballot for the period beginning on the date of the
16preceding general election and ending on the day before the general election that
17follows that election.
SB12, s. 103
18Section
103. 11.50 (1) (bm) and (cm) of the statutes are created to read:
SB12,51,2019
11.50
(1) (bm) "General account" means the account in the fund created under
20sub. (2w).
SB12,51,2221
(cm) "Political party account" means an account in the fund created under sub.
22(2s).
SB12, s. 104
23Section
104. 11.50 (1) (e) of the statutes is created to read:
SB12,52,724
11.50
(1) (e) "Qualifying period" means the period beginning on July 1
25preceding the date of the spring primary and ending on the date of the spring primary
1in the case of candidates at the spring election; the period beginning on January 1
2preceding the date of the September primary and ending on the date of the
3September primary in the case of candidates at the general election; or the period
4beginning on the 90th day beginning before the date on which a special primary will
5or would be held, if required, or the date on which a special election is ordered,
6whichever is earlier, and ending on the date of a special election, in the case of
7candidates at a special election.
SB12, s. 105
8Section
105. 11.50 (2) (a) of the statutes is amended to read:
SB12,52,239
11.50
(2) (a) Any individual who desires to qualify as an eligible candidate may
10file an application with the board requesting approval to participate in the fund. The
11application shall be filed no later than the applicable deadline for filing nomination
12papers 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.
13on the 7th day after the primary or date on which the primary would be held if
14required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day
15after appointment in the case of candidates appointed to fill vacancies. The
16application shall contain a sworn statement that the candidate and his or her
17authorized agents have complied with the contribution limitations prescribed in s.
1811.26 and the disbursement limitations prescribed under s. 11.31
(2), as adjusted
19under s. 11.31 (9), at all times to which such limitations have applied to his or her
20candidacy and will continue to comply with the limitations at all times to which the
21limitations apply to his or her candidacy for the office in contest, unless the board
22determines that the candidate is not eligible to receive a grant, the candidate
23withdraws his or her application under par. (h), or
par (i) s. 11.31 (3p) applies.
SB12, s. 106
24Section
106. 11.50 (2) (b) 5. of the statutes is amended to read:
SB12,54,2
111.50
(2) (b) 5. The financial reports filed by or on behalf of the candidate as
2of the date of the spring or September primary, or the date that the special primary
3is or would be held, if required, indicate that the candidate has received at least
the
4amount provided in this subdivision an amount equal to 5 percent of the applicable
5authorized disbursement limitation, as determined under s. 11.31 (1) and adjusted
6under s. 11.31 (9), from contributions of money, other than loans, made by individuals
7who reside in this state and, in the case of a candidate for legislative office, except
8as provided in par. (bm), at least 50 percent of the amount of which are made by
9individuals who reside within the legislative district in which the candidate seeks
10office, which have been received during the
qualifying period
ending on the date of
11the spring primary and July 1 preceding such date in the case of candidates at the
12spring election, or the date of the September primary and January 1 preceding such
13date in the case of candidates at the general election, or the date that a special
14primary will or would be held, if required, and 90 days preceding such date or the
15date a special election is ordered, whichever is earlier, in the case of special election
16candidates, which
contributions are in the aggregate amount of $100 or less, and
17which are fully identified and itemized as to the exact source thereof. A contribution
18received from a conduit which is identified by the conduit as originating from an
19individual shall be considered a contribution made by the individual.
Only Except
20as authorized in par. (bm), only the first $100 of an aggregate contribution of more
21than $100 may be counted toward the required percentage.
For a candidate at the
22spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at
23a special election, the required amount to qualify for a grant is 5 percent of the
24candidate's authorized disbursement limitation under s. 11.31. For any other
1candidate at the general election, the required amount to qualify for a grant is 10
2percent of the candidate's authorized disbursement limitation under s. 11.31.
SB12, s. 107
3Section
107. 11.50 (2) (bm) of the statutes is created to read:
SB12,54,84
11.50
(2) (bm) A candidate for legislative office may substitute contributions
5received by the candidate from political party committees for not more than 50
6percent of the contributions that are required under par. (b) 5. to be received from
7individuals who reside within the legislative district in which the candidate seeks
8office.
SB12, s. 108
9Section
108. 11.50 (2) (c) of the statutes is amended to read:
SB12,54,2210
11.50
(2) (c) If a candidate has not filed financial reports as of the date of the
11spring primary, September primary, special primary, or date that the special primary
12would be held, if required, which indicate that he or she has met the qualification
13under par. (b) 5., the candidate may file a special report with the board. Such report
14shall be filed not later than the 7th day after the primary, or 7th day after the date
15the primary would be held, if required, and shall include such supplementary
16information as to sources of contributions which may be necessary to complete the
17candidate's qualification. The special report shall cover the period from the day after
18the last date covered on the candidate's most recent report, or from the date on which
19the first contribution was received or the first disbursement was made, whichever
20is earlier, if the candidate has not previously filed a report, to the date of such report.
21All information included on the special report shall also be included in the
22candidate's next report under s. 11.20
or 11.21 (16).
SB12, s. 109
23Section
109. 11.50 (2) (f) of the statutes is amended to read:
SB12,55,524
11.50
(2) (f) The board shall inform each candidate in writing of the approval
25or disapproval of the candidate's application, as promptly as possible after the date
1of the spring primary, September primary, special primary, or date that the primary
2would be held, if required. With respect to a candidate at a special election who
3applies for a postelection grant under sub. (1) (a)
2.
1. b., the board shall inform the
4candidate in writing of the conditional approval or disapproval of the candidate's
5application at the same time.
SB12, s. 110
6Section
110. 11.50 (2) (g) of the statutes is amended to read:
SB12,55,147
11.50
(2) (g) A candidate who voluntarily files an application to receive a grant
8in accordance with this subsection accepts and agrees to comply with the
9contribution limitations prescribed in s. 11.26 and the disbursement limitations
10imposed under s. 11.31
(2), as adjusted under s. 11.31 (9), as binding upon himself
11or herself and his or her agents during the campaign as defined in s. 11.31 (7), as a
12precondition to receipt of a grant under this section, unless the board determines
13that the candidate is not eligible to receive a grant, the candidate withdraws the
14application under par. (h), or
par. (i) s. 11.31 (3p) applies.
SB12, s. 111
15Section
111. 11.50 (2) (i) of the statutes is repealed.
SB12, s. 112
16Section
112. 11.50 (2s) of the statutes is created to read:
SB12,55,2117
11.50
(2s) Political party accounts. (a) There is established a political party
18account for each eligible political party whose state chairperson files a written
19request with the board to establish an account for the party under this subsection.
20Each political party account consists of all moneys designated by individuals for
21deposit in that account under s. 71.10 (3) (a).
SB12,56,722
(b) From the account of each eligible political party, the board shall apportion
23moneys to eligible candidates representing that party who qualify to receive grants.
24If at any election there are insufficient moneys in the account of any eligible political
25party to make full payment of all grants for which candidates of that political party
1qualify, the board shall apportion the available moneys in the account to candidates
2of the political party in the proportion that the available moneys bear to the total
3amount required to make full payment of all grants payable to candidates of that
4political party. If any candidate of a political party qualifies to receive a
5supplemental grant under sub. (9) (ba) or (bb) the board shall first make payment
6of the supplemental grant from the account of that political party using the method
7of apportionment provided in this paragraph if necessary.
SB12,56,108
(c) If a political party for which an account is established under this subsection
9ceases to be an eligible political party, the board shall transfer the unencumbered
10balance of that account to the general account.
SB12, s. 113
11Section
113. 11.50 (2w) of the statutes is created to read:
SB12,56,1412
11.50
(2w) General account. There is established a general account within
13the fund consisting of all moneys in the fund not designated by individuals for deposit
14in a political party account under s. 71.10 (3) (a).
SB12, s. 114
15Section
114. 11.50 (3) of the statutes is repealed.
SB12, s. 115
16Section
115. 11.50 (4) of the statutes is repealed.
SB12, s. 116
17Section
116. 11.50 (4e) of the statutes is created to read:
SB12,56,2518
11.50
(4e) Payment of grant amounts. The state treasurer shall make payment
19of each grant to an eligible candidate from the political party account of that
20candidate's political party, if any, if there are sufficient moneys in that account to
21make full payment of the grant, and then from the general account. If there are
22insufficient moneys in the general account to make full payment of a grant, the state
23treasurer shall supplement the general account from the appropriation under s.
2420.855 (4) (ba) in an amount sufficient to make full payment of the grant. Except as
25provided in sub. (10), the amount of each grant is the amount specified in sub. (9).
SB12, s. 117
1Section
117. 11.50 (5) (title) of the statutes is amended to read:
SB12,57,22
11.50
(5) (title)
Time of disbursement grant payments.
SB12, s. 118
3Section
118. 11.50 (5) of the statutes is renumbered 11.50 (5) (a) and amended
4to read:
SB12,57,95
11.50
(5) (a)
The Except as provided in par. (b), the state treasurer shall make
6the disbursements to the campaign depository account of each eligible candidate
7under subs. (3) and (4) by the end of the 3rd business day following notice from the
8board under s. 7.08 (2) (c) or (cm).
Eligible candidates for governor and lieutenant
9governor of the same political party may combine accounts if desired.
SB12, s. 119
10Section
119. 11.50 (5) (b) (c) of the statutes is created to read:
SB12,57,1611
11.50
(5) (b) If an eligible candidate notifies the state treasurer of the
12information required to make electronic transfers to the candidate's campaign
13depository account, the state treasurer shall transfer to the campaign depository
14account of that candidate any grant payment that becomes payable to the candidate
15under sub. (9) as soon as possible following notice from the board under s. 7.08 (2)
16(c) or (cm), but no later than the time specified in par. (a).
SB12,57,1817
(c) Eligible candidates for governor and lieutenant governor of the same
18political party may combine campaign depository accounts if desired.
SB12, s. 120
19Section
120. 11.50 (6) of the statutes is amended to read:
SB12,57,2420
11.50
(6) Excess moneys. If the
amounts which are to be apportioned to each 21amount that is payable to any eligible candidate under
subs. (3) and (4) are this
22section is more than the amount which a candidate may accept under sub. (9), or
23more than the amount
which that a candidate elects to accept under sub. (10), the
24excess moneys shall be retained in the fund.
SB12, s. 121
25Section
121. 11.50 (9) (title) of the statutes is amended to read:
SB12,58,1
111.50
(9) (title)
Limitation on Amount of grants.
SB12, s. 122
2Section
122. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended
3to read:
SB12,58,134
11.50
(9) (a)
The Except as provided in this paragraph and pars. (ba) and (bb),
5the total grant available to an eligible candidate may not exceed that amount which,
6when added to all other contributions accepted from sources other than individuals
, 7and political party committees
and legislative campaign committees, is equal to
45 835 percent of the disbursement level specified for the
applicable office
that the
9candidate seeks, as determined under s. 11.31
(1) and adjusted as provided under s.
1011.31 (9). The board shall scrutinize accounts and reports and records kept under
11this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are
12not exceeded and any violation is reported. No candidate or campaign treasurer may
13accept grants exceeding the amount authorized by this subsection.
SB12, s. 123
14Section
123. 11.50 (9) (ba) and (bb) of the statutes are created to read:
SB12,58,2515
11.50
(9) (ba) If an eligible candidate at a primary or election, or both, who
16accepts a grant is opposed by one or more candidates who are required, or whose
17personal campaign committees are required, to file a report under s. 11.12 (8), then
18the board shall make an additional grant to the eligible candidate who accepts a
19grant in an amount equal to the total amount or value of disbursements, as reported
20under s. 11.12 (8), made by the opposing candidate or candidates exceeding the
21amount specified under s. 11.31 (1) (a) to (de), (e), or (f) for the office which the
22candidate seeks, as adjusted under s. 11.31 (9), but not more than, together with any
23additional grant provided under par. (bb), an amount equal to 3 times for the amount
24specified in s. 11.31 (1) (a) to (de), (e), or (f) for the office that the eligible candidate
25seeks, as adjusted under s. 11.31 (9).
SB12,59,9
1(bb) If the sum of the aggregate disbursements made by committees against an
2eligible candidate and the aggregate disbursements made by committees for that
3candidate's opponent, as reported under s. 11.12 (6) (c), exceeds 10 percent of the
4amount specified under s. 11.31 (1) (a) to (de), (e), or (f), for the office that the eligible
5candidate seeks as adjusted under s. 11.31 (9), then the board shall make an
6additional grant to the eligible candidate in an amount equal to that sum but not
7more than, together with any additional grant provided under par. (ba), an amount
8equal to 3 times the amount specified in s. 11.31 (1) (a) to (de), (e) or (f) for the office
9that the eligible candidate seeks, as adjusted under s. 11.31 (9).
SB12, s. 124
10Section
124. 11.50 (11) (e) of the statutes is amended to read:
SB12,59,1411
11.50
(11) (e) No candidate may expend, authorize the expenditure of or incur
12any obligation to expend any grant if he or she violates the pledge required under
13sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h)
14or (i).
SB12, s. 125
15Section
125. 11.50 (13) of the statutes is amended to read:
SB12,59,1716
11.50
(13) Donations to fund. Any committee or other person may make an
17unrestricted contribution to the
general account of the fund by gift, bequest or devise.
SB12, s. 126
18Section
126. 11.50 (14) of the statutes is created to read:
SB12,59,2019
11.50
(14) Certifications to secretary of revenue. (a) In each
20even-numbered year, the board shall certify to the secretary of revenue:
SB12,59,2421
1. No later than July 1, the name of each political party that qualifies under
22sub. (1) (am) 1. as an eligible political party as of the preceding June 1 and whose
23state chairperson has filed a written request to establish an account for the party
24under sub. (2s) (a).
SB12,60,4
12. No later than December 15, the name of each political party that qualifies
2under sub. (1) (am) 2. as an eligible political party as of the date of the preceding
3general election and whose state chairperson has filed a written request to establish
4an account for the party under sub. (2s) (a).
SB12,60,65
(b) In each certification under this subsection, the board shall specify the
6expiration date of the certification.
SB12, s. 127
7Section
127. 11.60 (3s) and (3u) of the statutes are created to read:
SB12,60,148
11.60
(3s) Notwithstanding sub. (1), if any candidate or committee, other than
9a conduit, makes a disbursement for the purpose of supporting or opposing a
10candidate for an office specified in s. 11.31 (1) (a) to (de), (e), or (f) without reporting
11the information required under s. 11.12 (6) (c) or (8) or 11.20 (3) or (4) with respect
12to that disbursement, to the extent required under ss. 11.12 (6) (c) and (8) and 11.20
13(3) and (4) and 11.21 (16), the candidate or committee may be required to forfeit not
14more than $500 per day for each day of continued violation.
SB12,60,19
15(3u) Notwithstanding sub. (1), if any person, including any candidate or
16committee to whom s. 11.12 (6) (c) or (8) applies, makes any disbursement for the
17purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1)
18(a) to (de), (e), or (f) in an amount or value that differs from the amount reported by
19that person under s. 11.12 (6) (c) or (8), 11.20 (3) or (4), or 11.21 (16):
SB12,60,2120
(a) By more than 5 percent but not more than 10 percent cumulatively, the
21person shall forfeit 4 times the amount or value of the difference.
SB12,60,2322
(b) By more than 10 percent but not more than 15 percent cumulatively, the
23person shall forfeit 6 times the amount or value of the difference.
SB12,60,2524
(c) By more than 15 percent cumulatively, the person shall forfeit 8 times the
25amount of the difference.
SB12, s. 128
1Section
128. 11.60 (4) of the statutes is amended to read:
SB12,61,182
11.60
(4) Actions under this section arising out of an election for state office or
3a statewide referendum may be brought by the board or by the district attorney
of
4for the county where the violation is alleged to have occurred, except as specified in
5s. 11.38. Actions under this section arising out of an election for local office or a local
6referendum may be brought by the district attorney
of
for the county where the
7violation is alleged to have occurred. Actions under this section arising out of an
8election for county office or a county referendum may be brought by the county board
9of election commissioners of the county wherein the violation is alleged to have
10occurred. If a violation concerns a district attorney or circuit judge or candidate for
11such offices, the action shall be brought by the attorney general. If a violation
12concerns the attorney general or a candidate for such office, the governor may
13appoint special counsel under s. 14.11 (2) to bring suit in behalf of the state. The
14counsel shall be independent of the attorney general and need not be a state
15employee at the time of appointment.
In addition, whenever a candidate or personal
16campaign committee or agent of a candidate is alleged to have violated this chapter,
17action may be brought by the district attorney for any county any part of which is
18contained within the jurisdiction or district in which the candidate seeks election.
SB12, s. 129
19Section
129. 11.61 (1) (a) of the statutes is amended to read:
SB12,61,2120
11.61
(1) (a) Whoever intentionally violates s. 11.05 (1), (2),
or (2g)
or (2r), 11.07
21(1) or (5), 11.10 (1), 11.12 (5), 11.23 (6)
, or 11.24
(1) is guilty of a Class I felony.