SB12,44,86
(c) Paragraph (b) does not apply to any contribution made by a committee to
7another committee if the contribution is made between bona fide affiliated
8committees.
SB12, s. 80
9Section
80. 11.26 (9) (a) of the statutes is amended to read:
SB12,44,1710
11.26
(9) (a) No individual who is a candidate for state or local office may receive
11and accept more than 65 percent of the value of the total disbursement level
12determined under s. 11.31
(1), adjusted as provided in s.11.31 (9), for the office for
13which he or she is a candidate during any primary and election campaign combined
14from all committees subject to a filing requirement, including political party
and
15legislative campaign committees.
The limitation otherwise applicable under this
16paragraph to a candidate who qualifies to receive a supplemental grant under s.
1711.50 (9) (ba) or (bb) is increased by the amount of the supplemental grant.
SB12, s. 81
18Section
81. 11.26 (9) (b) of the statutes is amended to read:
SB12,45,219
11.26
(9) (b) No individual who is a candidate for state or local office may receive
20and accept more than
45 35 percent of the value of the total disbursement level
21determined under s. 11.31
(1), adjusted as provided in s. 11.31 (9), for the office for
22which he or she is a candidate during any primary and election campaign combined
23from all committees other than political party
and legislative campaign committees
24subject to a filing requirement.
The limitation otherwise applicable under this
1paragraph to a candidate who qualifies to receive a supplemental grant under s.
211.50 (9) (ba) or (bb) is increased by the amount of the supplemental grant.
SB12, s. 82
3Section
82. 11.26 (10) of the statutes is renumbered 11.26 (10) (a) and amended
4to read:
SB12,45,215
11.26
(10) (a)
No Except as provided in par. (b), no candidate for state office who
6files a sworn statement and application to receive a grant from the Wisconsin election
7campaign fund may make contributions of more than 200 percent of the amounts
8specified in sub. (1) to the candidate's own campaign from the candidate's personal
9funds or property or the personal funds or property which are owned jointly or as
10marital property with the candidate's spouse, unless the board determines that the
11candidate is not eligible to receive a grant
, or the candidate withdraws his or her
12application under s. 11.50 (2) (h)
, or s. 11.50 (2) (i) applies. For purposes of this
13subsection paragraph, any contribution received by a candidate or his or her
14personal campaign committee from a committee which is registered with the federal
15elections commission as the authorized committee of the candidate under
2 USC 432 16(e) shall be treated as a contribution made by the candidate to his or her own
17campaign. The contribution limit of sub. (4) applies to amounts contributed by such
18a candidate personally to the candidate's own campaign and to other campaigns,
19except that a candidate may exceed the limitation if authorized under this
subsection 20paragraph to contribute more than the amount specified to the candidate's own
21campaign, up to the amount of the limitation.
SB12, s. 83
22Section
83. 11.26 (10) (b) of the statutes is created to read:
SB12,46,523
11.26
(10) (b) If a candidate is authorized to make disbursements under s. 11.31
24(3p) exceeding the limitation otherwise applicable to the candidate as prescribed
25under s. 11.31 (1) and adjusted under s. 11.31 (9), then the limitation otherwise
1applicable to that candidate under par. (a) is increased by an amount equal to the
2ratio that the amount specified in par. (a) bears to the disbursement limitation
3specified for that candidate under s. 11.31 (1), as adjusted under s. 11.31 (9),
4multiplied by the amount of the increased disbursement limitation authorized for
5that candidate under s. 11.31 (3p).
SB12, s. 84
6Section
84. 11.265 of the statutes is repealed.
SB12, s. 85
7Section
85. 11.30 (4) of the statutes is amended to read:
SB12,46,108
11.30
(4) No owner or other person with a financial interest in a
9communications medium may utilize such medium in support of or in opposition to
10a candidate or referendum
, except as provided in this chapter.
SB12,46,14
11(4m) This chapter shall not be construed to restrict fair coverage of bona fide
12news stories, interviews with candidates and other politically active individuals,
13editorial comment or endorsement. Such activities need not be reported as a
14contribution or disbursement.
SB12, s. 86
15Section
86. 11.31 (1) (intro.) of the statutes is amended to read:
SB12,46,2016
11.31
(1) Schedule. (intro.) The following levels of disbursements are
17established with reference to the candidates listed below.
The levels are subject to
18adjustment under sub. (9). Except as provided in sub. (2), such levels do not operate
19to restrict the total amount of disbursements which are made or authorized to be
20made by any candidate in any primary or other election.
SB12, s. 87
21Section
87. 11.31 (1) (a) to (d) of the statutes are amended to read:
SB12,46,2222
11.31
(1) (a) Candidates for governor,
$1.078,200 $4,000,000.
SB12,46,2323
(b) Candidates for lieutenant governor,
$323,475
$500,000.
SB12,46,2424
(c) Candidates for attorney general,
$539,000 $700,000.
SB12,47,2
1(d) Candidates for secretary of state, state treasurer,
justice or state
2superintendent,
$215,625 $250,000.
SB12, s. 88
3Section
88. 11.31 (1) (de) of the statutes is created to read:
SB12,47,44
11.31
(1) (de) Candidates for justice, $300,000.
SB12, s. 89
5Section
89. 11.31 (1) (e) and (f) of the statutes are amended to read:
SB12,47,86
11.31
(1) (e) Candidates for state senator,
$34,500 $150,000 total in the primary
7and election, with disbursements not exceeding
$21,575
$108,000 for either the
8primary or the election.
SB12,47,119
(f) Candidates for representative to the assembly,
$17,250 $75,000 total in the
10primary and election, with disbursements not exceeding
$10,775 $54,000 for either
11the primary or the election.
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: