SB12: Bill Text

SB12, s. 64 Section 64. 11.21 (16) of the statutes is amended to read:

SB12,39,19 11.21 (16) Require each registrant for whom the board serves as filing officer and who or which accepts contributions in a total amount or value of $20,000 or more during a campaign period to file each campaign finance report that is required to be filed under this chapter in an electronic format, and accept from any other registrant for whom the board serves as a filing officer any campaign finance report that is required to be filed under this chapter in an electronic format. A registrant who or which becomes subject to a requirement to file reports in an electronic format under this subsection shall initially file the registrant's report in an electronic format for the period which includes the date on which the registrant becomes subject to the requirement or, if the registrant is required to report transactions within 24 hours of their occurrence, within 24 hours after the date on which the registrant becomes subject to the requirement. To facilitate implementation of this subsection, the board shall specify, by rule, a type of software that is suitable for compliance with the electronic filing requirement under this subsection. The board shall provide copies of the software to registrants at a price fixed by the board that may not exceed cost. Each registrant who or which files a report under this subsection in an electronic format shall also file a copy of the report with the board that is recorded on a medium specified by the board. The copy shall be signed by an authorized individual and filed with the board by each registrant no later than the time prescribed for filing of the report under this chapter. If a registrant is a committee, a copy shall be certified by an authorized individual and filed with the board by the registrant no later than 24 hours after the occurrence of any transaction that is reportable under s.11.06 (1). If a registrant becomes subject to a requirement to report electronically under this subsection, the registrant shall continue to report electronically regardless of the amount of contributions accepted by the registrant until the registrant files a termination report. The board shall provide complete instructions to any registrant who or which files a report under this subsection. In this subsection, the "campaign period" of a candidate, personal campaign committee or support committee begins and ends with the "campaign" of the candidate whose candidacy is supported, as defined in s. 11.26 (17), and the "campaign period" of any other registrant begins on January 1 of each odd-numbered year and ends on December 31 of the following year. Section 990.001 (4) does not apply to the computation of time permitted for compliance with the filing requirements under this subsection.

SB12, s. 65 Section 65. 11.21 (17) of the statutes is repealed.

SB12, s. 66 Section 66. 11.22 (3) of the statutes is amended to read:

SB12,40,8 11.22 (3) Furnish to each registrant prescribed forms for the making of reports and statements. Forms shall be sent by 1st class mail not earlier than 21 days and not later than 14 days prior to the applicable filing deadline under s. 11.20 and addressed to the attention of the treasurer or other person indicated on the registration statement. Forms need not be sent to a registrant who has made an indication that aggregate contributions, disbursements and obligations will not exceed the amount specified under s. 11.05 (2r) 11.06 (2m) or to a registrant who has been granted a suspension under s. 11.19 (2). Whenever any notice of the filing requirements under this chapter is sent to a candidate's campaign treasurer, the filing officer shall also send a notice to the candidate if he or she has appointed a separate treasurer. Failure to receive any form or notice does not exempt a registrant from compliance with this chapter.

SB12, s. 67 Section 67. 11.23 (1) of the statutes is amended to read:

SB12,40,22 11.23 (1) Any group or individual may promote or oppose a particular vote at any referendum in this state. Before making disbursements, receiving contributions or incurring obligations in excess of $25 $100 in the aggregate in a calendar year for such purposes, the group or individual shall file a registration statement under s. 11.05 (1), or (2) or (2r). In the case of a group the name and mailing address of each of its officers shall be given in the statement. Every group and every individual under this section shall designate a campaign depository account under s. 11.14. Every group shall appoint a treasurer, who may delegate authority but is jointly responsible for the actions of his or her authorized designee for purposes of civil liability under this chapter. The appropriate filing officer shall be notified by a group of any change in its treasurer within 10 days of the change under s. 11.05 (5). The treasurer of a group shall certify the correctness of each statement or report submitted by it under this chapter.

SB12, s. 68 Section 68. 11.23 (2) of the statutes is amended to read:

SB12,41,3 11.23 (2) Any anonymous contribution exceeding $10 received by an individual or group treasurer may not be used or expended. The contribution shall be donated to the common school fund or to any charitable organization or transferred to the board for deposit in the Wisconsin election campaign fund at the option of the treasurer.

SB12, s. 69 Section 69. 11.24 (2) of the statutes is renumbered 11.24 (5).

SB12, s. 70 Section 70. 11.24 (4) of the statutes is created to read:

SB12,41,11 11.24 (4) (a) No person may make a contribution to an incumbent partisan state elective official or to the personal campaign committee or support committee authorized under s. 11.05 (3) (p) of that official for the purpose of promoting that official's nomination or reelection to the office held by the official during the period beginning on the date of introduction of the executive budget bill under s. 16.47 (1m) and ending on the date of enactment of the biennial budget act.

SB12,41,14 (b) If in any year there is more than one executive budget bill, par. (a) applies beginning on the date of introduction of the first such bill and ending on the date of enactment of the last such bill.

SB12,41,21 (c) Notwithstanding par. (a), a person may make a contribution to an incumbent partisan state elective official against whom a recall petition is circulated during the period beginning on the date that a petitioner registers an intent to circulate a petition under s. 9.10 (2) (d) and ending on the date of the recall election, except that if the circulation period expires without offering of the recall petition for filing, the filing officer determines not to file the petition, or the official resigns as provided in s. 9.10 (3) (c), the period ends on the date of that event.

SB12, s. 71 Section 71. 11.26 (1) (intro.) of the statutes is amended to read:

SB12,42,3 11.26 (1) (intro.) No Except as otherwise provided for an individual specified in sub. (2), no individual may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

SB12, s. 72 Section 72. 11.26 (2) (intro.) of the statutes is amended to read:

SB12,42,10 11.26 (2) (intro.) No committee other than a political party committee or legislative campaign committee and no individual who serves as a conduit may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

SB12, s. 73 Section 73. 11.26 (2) (a) of the statutes is amended to read:

SB12,42,14 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) $45,000.

SB12, s. 74 Section 74. 11.26 (2) (ad) of the statutes is created to read:

SB12,42,16 11.26 (2) (ad) Candidates for lieutenant governor, $15,000.

SB12, s. 75 Section 75. 11.26 (2) (am) of the statutes is created to read:

SB12,42,18 11.26 (2) (am) Candidates for attorney general, $25,000.

SB12, s. 76 Section 76. 11.26 (2) (au) of the statutes is created to read:

SB12,42,21 11.26 (2) (au) Candidates for secretary of state, state treasurer, state superintendent, or justice, $10,000.

SB12, s. 77 Section 77. 11.26 (4) of the statutes is amended to read:

SB12,43,4 11.26 (4) No Except as otherwise provided in sub. (10), no individual may make any contribution or contributions to all candidates for state and local offices and to any individuals who or committees which are subject to a registration requirement under s. 11.05, including legislative campaign committees and committees of a political party, to the extent of more than a total of $10,000 in any calendar year. This subsection does not apply to contributions that are transferred by an individual who serves as a conduit.

SB12, s. 78 Section 78. 11.26 (8) of the statutes is amended to read:

SB12,43,11 11.26 (8) (a) No political party as defined in s. 5.02 (13) may receive more than a total of $150,000 $600,000 in value of its contributions in any biennium from all other committees, excluding contributions from legislative campaign committees and transfers between party committees of the party. In this paragraph, a biennium commences with January 1 of each odd-numbered year and ends with December 31 of each even-numbered year.

SB12,43,14 (b) No such political party may receive more than a total of $6,000 $18,000 in value of its contributions in any calendar year from any specific committee or its subunits or affiliates, excluding legislative campaign and political party committees.

SB12,43,18 (c) No committee, other than a political party or legislative campaign committee, may make any contribution or contributions, directly or indirectly, to a political party under s. 5.02 (13) in a calendar year exceeding a total value of $6,000 $18,000.

SB12, s. 79 Section 79. 11.26 (8m) of the statutes is created to read:

SB12,43,20 11.26 (8m) (a) In this subsection:

SB12,43,24 1. "Bona fide affiliated committees" means committees established and maintained by statewide labor organizations or trade associations and, respectively, the committees established and maintained by the local branches, units, or divisions of those statewide labor organizations or trade associations.

SB12,44,3 2. "Trade association" means an organization described in section 501 (c) (6) of the Internal Revenue Code which is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

SB12,44,5 (b) Except as provided in par. (c), no committee may make a contribution to any other committee except a political party, personal campaign, or support committee.

SB12,44,8 (c) Paragraph (b) does not apply to any contribution made by a committee to another committee if the contribution is made between bona fide affiliated committees.

SB12, s. 80 Section 80. 11.26 (9) (a) of the statutes is amended to read:

SB12,44,17 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. The limitation otherwise applicable under this paragraph to a candidate who qualifies to receive a supplemental grant under s. 11.50 (9) (ba) or (bb) is increased by the amount of the supplemental grant.

SB12, s. 81 Section 81. 11.26 (9) (b) of the statutes is amended to read:

SB12,45,2 11.26 (9) (b) No individual who is a candidate for state or local office may receive and accept more than 45 35 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. The limitation otherwise applicable under this paragraph to a candidate who qualifies to receive a supplemental grant under s. 11.50 (9) (ba) or (bb) is increased by the amount of the supplemental grant.

SB12, s. 82 Section 82. 11.26 (10) of the statutes is renumbered 11.26 (10) (a) and amended to read:

SB12,45,21 11.26 (10) (a) No Except as provided in par. (b), no candidate for state office who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make contributions of more than 200 percent of the amounts specified in sub. (1) to the candidate's own campaign from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, unless the board determines that the candidate is not eligible to receive a grant, or the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) applies. For purposes of this subsection paragraph, any contribution received by a candidate or his or her personal campaign committee from a committee which is registered with the federal elections commission as the authorized committee of the candidate under 2 USC 432 (e) shall be treated as a contribution made by the candidate to his or her own campaign. The contribution limit of sub. (4) applies to amounts contributed by such a candidate personally to the candidate's own campaign and to other campaigns, except that a candidate may exceed the limitation if authorized under this subsection paragraph to contribute more than the amount specified to the candidate's own campaign, up to the amount of the limitation.

SB12, s. 83 Section 83. 11.26 (10) (b) of the statutes is created to read:

SB12,46,5 11.26 (10) (b) If a candidate is authorized to make disbursements under s. 11.31 (3p) exceeding the limitation otherwise applicable to the candidate as prescribed under s. 11.31 (1) and adjusted under s. 11.31 (9), then the limitation otherwise applicable to that candidate under par. (a) is increased by an amount equal to the ratio that the amount specified in par. (a) bears to the disbursement limitation specified for that candidate under s. 11.31 (1), as adjusted under s. 11.31 (9), multiplied by the amount of the increased disbursement limitation authorized for that candidate under s. 11.31 (3p).

SB12, s. 84 Section 84. 11.265 of the statutes is repealed.

SB12, s. 85 Section 85. 11.30 (4) of the statutes is amended to read:

SB12,46,10 11.30 (4) No owner or other person with a financial interest in a communications medium may utilize such medium in support of or in opposition to a candidate or referendum, except as provided in this chapter.

SB12,46,14 (4m) This chapter shall not be construed to restrict fair coverage of bona fide news stories, interviews with candidates and other politically active individuals, editorial comment or endorsement. Such activities need not be reported as a contribution or disbursement.

SB12, s. 86 Section 86. 11.31 (1) (intro.) of the statutes is amended to read:

SB12,46,20 11.31 (1) Schedule. (intro.) The following levels of disbursements are established with reference to the candidates listed below. The levels are subject to adjustment under sub. (9). 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.

SB12, s. 87 Section 87. 11.31 (1) (a) to (d) of the statutes are amended to read:

SB12,46,22 11.31 (1) (a) Candidates for governor, $1.078,200 $4,000,000.

SB12,46,23 (b) Candidates for lieutenant governor, $323,475 $500,000.

SB12,46,24 (c) Candidates for attorney general, $539,000 $700,000.

SB12,47,2 (d) Candidates for secretary of state, state treasurer, justice or state superintendent, $215,625 $250,000.

SB12, s. 88 Section 88. 11.31 (1) (de) of the statutes is created to read:

SB12,47,4 11.31 (1) (de) Candidates for justice, $300,000.

SB12, s. 89 Section 89. 11.31 (1) (e) and (f) of the statutes are amended to read:

SB12,47,8 11.31 (1) (e) Candidates for state senator, $34,500 $150,000 total in the primary and election, with disbursements not exceeding $21,575 $108,000 for either the primary or the election.

SB12,47,11 (f) Candidates for representative to the assembly, $17,250 $75,000 total in the primary and election, with disbursements not exceeding $10,775 $54,000 for either the primary or the election.

SB12, s. 90 Section 90. 11.31 (2) of the statutes is amended to read:

SB12,48,2 11.31 (2) Limitation imposed. No candidate for state office at a spring or general election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from the campaign treasury in any campaign to the extent of more than the amount prescribed in sub. (1), adjusted as provided under sub. (9), unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s.11.50 (2) (i) applies sub. (3p) applies to that candidate. No candidate for state office at a special election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from the campaign treasury in any campaign to the extent of more than the amount prescribed under sub. (1), adjusted as provided under sub. (9), for the preceding spring or general election for the same office, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s.11.50 (2) (i) applies sub. (3p) applies to that candidate.

SB12, s. 91 Section 91. 11.31 (2m) of the statutes is repealed:

SB12, s. 92 Section 92. 11.31 (3) of the statutes is amended to read:

SB12,48,10 11.31 (3) Gubernatorial campaigns. For purposes of compliance with the limitations imposed under sub. (2), candidates for governor and lieutenant governor of the same political party who both accept grants from the Wisconsin election campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b), adjusted as provided in sub. (9), and reallocate the total level between them. The candidates shall each inform the board of any such agreement.

SB12, s. 93 Section 93. 11.31 (3p) of the statutes is created to read:

SB12,48,15 11.31 (3p) Candidates receiving supplemental grants; exception. If a candidate receives a supplemental grant under s. 11.50 (9) (ba) or (bb), the disbursement limitation of that candidate for the campaign in which the grant is received is increased by the amount of the supplemental grant.

SB12, s. 94 Section 94. 11.31 (9) of the statutes is created to read:

SB12,48,20 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.

SB12,49,8 (b) The dollar amounts of all disbursement limitations specified in sub. (1) shall be subject to a cost-of-living adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for calendar year 2007. For each biennium, the board shall adjust the disbursement limitations specified under sub. (1) by that percentage to the extent required to reflect any difference, rounded to the nearest multiple of $25 in the case of amounts of $1 or more, which amount shall be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this subsection 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.

SB12, s. 95 Section 95. 11.38 (1) (a) 2. of the statutes is amended to read:

SB12,49,24 11.38 (1) (a) 2. Notwithstanding subd. 1., any such corporation or association may establish and administer a separate segregated fund and solicit contributions from individuals to the fund to be utilized by such corporation or association, for the purpose of supporting or opposing any candidate for state or local office but the corporation or association may not make any contribution to the fund. The fund shall appoint a treasurer and shall register as a political committee under s. 11.05. A parent corporation or association engaging solely in this activity is not subject to registration under s. 11.05, but shall register and file special reports on forms prescribed by the board disclosing its administrative and solicitation expenses on behalf of such fund. A corporation not domiciled in this state need report only its expenses for administration and solicitation of contributions in this state together with a statement indicating where information concerning other administration and solicitation expenses of its fund may be obtained. The reports shall be filed with the filing officer for the fund specified in s. 11.02 in the manner in which continuing reports are filed under s. 11.20 (4) and (8), and s. 11.21 (16), if applicable.

SB12, s. 96 Section 96. 11.38 (6) of the statutes is amended to read:

SB12,50,5 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, or transfer the funds to the board for deposit in the Wisconsin election campaign fund, at the treasurer's option.

SB12, s. 97 Section 97. 11.38 (8) (b) of the statutes is amended to read:

SB12,50,18 11.38 (8) (b) Except as authorized in s. 11.05 (12) (b) and (13), prior to making any disbursement on behalf of a political group which is promoting or opposing a particular vote at a referendum and prior to accepting any contribution or making any disbursement to promote or oppose a particular vote at a referendum, a corporation or association organized under ch. 185 or 193 shall register with the appropriate filing officer specified in s. 11.02 and appoint a treasurer. The registration form of the corporation or association under s. 11.05 shall designate an account separate from all other corporation or association accounts as a campaign depository account, through which all moneys received or expended for the adoption or rejection of to promote or oppose a particular vote at the referendum shall pass. The corporation or association shall file periodic reports under s. 11.20, and under s. 11.21 (16), if applicable, providing the information required under s. 11.06 (1).

SB12, s. 98 Section 98. 11.50 (1) (a) 1. (intro.) of the statutes is created to read:

SB12,50,21 11.50 (1) (a) 1. (intro.) For purposes of qualification for a grant from the general account:

SB12, s. 99 Section 99. 11.50 (1) (a) 1. of the statutes is renumbered 11.50 (1) (a) 1. a.

SB12, s. 100 Section 100. 11.50 (1) (a) 2. of the statutes is renumbered 11.50 (1) (a) 1. b.

SB12, s. 101 Section 101. 11.50 (1) (a) 2m. of the statutes is created to read:

SB12,51,6 11.50 (1) (a) 2m. For purposes of qualification for a grant from a political party account, an individual who is certified under s. 7.08 (2) (a) in the general election or under s. 8.50 (1) (d) in a special election as the candidate of an eligible political party for a state office, other than district attorney, or an individual who has been lawfully appointed and certified to replace such an individual on the ballot at the general or a special election and who has qualified for a grant under sub. (2).

SB12, s. 102 Section 102. 11.50 (1) (am) of the statutes is created to read:

SB12,51,8 11.50 (1) (am) "Eligible political party" means any of the following:

SB12,51,13 1. A party qualifying under s. 5.62 (2) for a separate ballot or one or more separate columns or rows on a ballot for the period beginning on the preceding June 1, or, if that June 1 is in an odd-numbered year, the period beginning on June 1 of the preceding even-numbered year, and ending on May 31 of the 2nd year following the beginning of that period.

SB12,51,17 2. A party qualifying under s. 5.62 (1) (b) for a separate ballot or one or more separate columns or rows on a ballot for the period beginning on the date of the preceding general election and ending on the day before the general election that follows that election.

SB12, s. 103 Section 103. 11.50 (1) (bm) and (cm) of the statutes are created to read: