AB65,6,2419
11.26
(9) (b)
No Except as provided in par. (ba), no individual who is a candidate
20for state or local office may receive and accept more than 45 percent of the value of
21the total disbursement level determined under s. 11.31 for the office for which he or
22she is a candidate during any primary and election campaign combined from all
23committees other than political party and legislative campaign committees subject
24to a filing requirement.
AB65, s. 11
25Section
11. 11.26 (9) (ba) of the statutes is created to read:
AB65,7,2
111.26
(9) (ba) Paragraphs (a) and (b) do not apply to a candidate who receives
2a public financing benefit from the democracy trust fund.
AB65, s. 12
3Section
12. 11.26 (13) of the statutes is amended to read:
AB65,7,64
11.26
(13) Except as provided in sub. (9), contributions received from the
5Wisconsin election campaign fund
and public financing benefits received from the
6democracy trust fund are not subject to limitation by this section.
AB65, s. 13
7Section
13. 11.31 (1) (d) of the statutes is amended to read:
AB65,7,98
11.31
(1) (d) Candidates for secretary of state, state treasurer,
justice or state
9superintendent, $215,625.
AB65, s. 14
10Section
14. 11.50 (1) (a) 1. of the statutes is amended to read:
AB65,7,1811
11.50
(1) (a) 1. With respect to a spring or general election, any individual who
12is certified under s. 7.08 (2) (a) as a candidate in the spring election for
justice or state
13superintendent, or an individual who receives at least 6% of the vote cast for all
14candidates on all ballots for any state office, except district attorney, for which the
15individual is a candidate at the September primary and who is certified under s. 7.08
16(2) (a) as a candidate for that office in the general election, or an individual who has
17been lawfully appointed and certified to replace either such individual on the ballot
18at the spring or general election; and who has qualified for a grant under sub. (2).
AB65, s. 15
19Section
15. 11.50 (3) (a) 2. of the statutes is repealed.
AB65, s. 16
20Section
16. 11.50 (3) (b) of the statutes is amended to read:
AB65,8,221
11.50
(3) (b) If a vacancy occurs in the office of state superintendent
or justice 22after August 15 in any year and an election is scheduled to fill the vacancy at the
23spring election in the following year, the state treasurer shall transfer an amount not
24exceeding 8 percent of the moneys transferred to the fund on the preceding August
2515 to the
superintendency account
for the office in which the vacancy occurs, such
1moneys to be drawn from any account within the accounts created under sub. (4) in
2the amount or amounts specified by the board.
AB65, s. 17
3Section
17. 11.501 to 11.522 of the statutes are created to read:
AB65,8,4
411.501 Definitions. In ss. 11.501 to 11.522:
AB65,8,6
5(1) "Allowable contribution" means a qualifying contribution, seed money
6contribution, or personal contribution authorized under ss. 11.502 to 11.522.
AB65,8,7
7(2) "Campaign" has the meaning given in s. 11.26 (17).
AB65,8,10
8(3) "Election campaign period" means the period beginning on the day after the
9spring primary election or the day on which a primary election would be held, if
10required, and ending on the day of the succeeding spring election.
AB65,8,16
11(4) "Eligible candidate" means a candidate for the office of justice who has an
12opponent who has qualified to have his or her name certified for placement on the
13ballot at the spring primary or election and who qualifies for a public financing
14benefit by collecting the required number of qualifying contributions, making all
15required reports and disclosures, and being certified by the board as being in
16compliance with ss. 11.502 to 11.522.
AB65,8,19
17(5) "Excess disbursement amount" means the amount of disbursements made
18by a nonparticipating candidate in excess of the public financing benefit available to
19an eligible candidate for the same office that the nonparticipating candidate seeks.
AB65,8,22
20(6) "Excess qualifying contribution amount" means the amount of qualifying
21contributions accepted by a candidate beyond the number or dollar amount of
22contributions required to qualify a candidate for a public financing benefit.
AB65,8,25
23(7) "Exploratory period" means the period that begins after the date of a spring
24election and ends on the first day of the public financing qualifying period for the next
25election for justice.
AB65,9,2
1(9) "Immediate family," when used with reference to a candidate, includes the
2candidate's spouse and children.
AB65,9,7
3(10) "Independent disbursement" means a disbursement by a person expressly
4advocating the election or defeat of a clearly identified candidate which is made
5without cooperation or consultation with a candidate, or any authorized committee
6or agent of a candidate, and which is not made in concert with, or at the request or
7suggestion of, any candidate, or any authorized committee or agent of a candidate.
AB65,9,10
8(11) "Nonparticipating candidate" means a candidate for the office of justice
9who does not apply for a public financing benefit or who is otherwise ineligible or fails
10to qualify for a public financing benefit under ss. 11.502 to 11.522.
AB65,9,12
11(12) "Personal funds" means funds contributed by a candidate or a member of
12a candidate's immediate family.
AB65,9,16
13(13) "Primary election campaign period" means the period beginning on the
14day after the last day prescribed by law for filing nomination papers for that office
15and ending on the day of the spring primary election for that office or the day on
16which the primary election would be held, if required.
AB65,9,18
17(14) "Public financing benefit" means a benefit provided to an eligible
18candidate under this section.
AB65,9,21
19(15) "Public financing qualifying period" means the period beginning on the
20first day of July of any year and ending on the day before the beginning of the primary
21election campaign period for that office.
AB65,9,25
22(16) "Qualifying contribution" means a contribution in an amount of not less
23than $5 nor more than $100 made to a candidate by an elector of this state during
24the public financing qualifying period, which is acknowledged by written receipt
25identifying the contributor.
AB65,10,6
1(17) "Seed money contribution" means a contribution in an amount of not more
2than $100 made to a candidate by an elector of this state during the exploratory
3period or the public financing qualifying period, or a contribution made to a
4candidate consisting of personal funds of that candidate in an amount not more than
5the amount authorized under s. 11.507 during the exploratory period or the public
6financing qualifying period.
AB65,10,15
711.502 Qualification; certification.
(1) Before a candidate for justice in the
8primary election may be certified as an eligible candidate to receive a public
9financing benefit for the primary election campaign period, the candidate shall apply
10to the board for a public financing benefit and file a sworn statement that the
11candidate has complied and will comply with all requirements of this section and ss.
1211.503 to 11.522 throughout the applicable campaign, which includes the primary
13and election for that office. A candidate shall file the application and statement no
14later than the beginning of the primary election campaign period for the office that
15the candidate seeks.
AB65,10,20
16(2) A candidate shall be certified by the board as an eligible candidate for
17receipt of a public financing benefit for a primary election if the candidate complies
18with sub. (1) and receives qualifying contributions from at least 1,000 separate
19contributors in an aggregate amount of not less than $5,000 nor more than $15,000
20before the close of the public financing qualifying period.
AB65,10,23
21(3) The board shall verify a candidate's compliance with the requirements of
22sub. (2) by such verification and sampling techniques as the board considers
23appropriate.
AB65,10,24
24(4) Each candidate shall:
AB65,11,2
1(a) Acknowledge each qualifying contribution by a receipt to the contributor
2which contains the contributor's name and home address.
AB65,11,63
(b) No later than the 15th or the last day of the month which immediately
4follows the date of receipt of a qualifying contribution, whichever comes first, file a
5copy of the receipt under par. (a) with the board, except that during July, August, and
6September a copy need only be filed by the last day of the month.
AB65,11,8
7(5) A qualifying contribution may be utilized only for the purpose of making
8a disbursement authorized by law.
AB65,11,16
911.503 Time of application. (1) Before a candidate may be certified as
10eligible for receipt of a public financing benefit for the spring election, the candidate
11shall apply to the board and file a sworn statement that the candidate has fulfilled
12all the requirements of ss. 11.502 to 11.522 during the primary election campaign
13period and will comply with such requirements during the election campaign period.
14Except as authorized in s. 8.35 (4) (b), the application shall be filed no later than the
157th day after the date of the spring primary or the day on which the primary election
16would be held if a primary were required.
AB65,11,20
17(2) The board shall certify a candidate as an eligible candidate for receipt of a
18public financing benefit for the spring election if the candidate complies with sub. (1)
19and the candidate was an eligible candidate during the primary election campaign
20period.
AB65,12,3
2111.505 Agreement by candidate. An eligible candidate who accepts a public
22financing benefit under ss. 11.502 to 11.522 during the primary election campaign
23period shall agree to comply with all requirements of ss. 11.502 to 11.522 throughout
24the election campaign period during the same campaign as a precondition to receipt
25of a public financing benefit. An eligible candidate who accepts a public financing
1benefit during a primary election campaign period may not elect to accept private
2contributions in violation of ss. 11.502 to 11.522 during the corresponding election
3campaign period.
AB65,12,7
411.506 Requirements imposed upon candidates. (1) An eligible
5candidate shall not accept private contributions other than seed money
6contributions and qualifying contributions that the candidate accepts during the
7exploratory period and the public financing qualifying period.
AB65,12,15
8(2) In addition to reports required to be filed under ss. 11.12 (5) and 11.20, a
9candidate who receives a public financing benefit shall furnish complete financial
10records, including records of seed money contributions, qualifying contributions, and
11disbursements, to the board on the 15th or the last day of the month that
12immediately follows the receipt of the contribution or the making of the
13disbursement, whichever comes first, except that during July, August, and
14September records need only be furnished by the last day of the month. Each such
15candidate shall cooperate with any audit or examination by the board.
AB65,12,24
16(3) In addition to adhering to requirements imposed under ss. 11.06 (5) and
1711.12 (3), a candidate who receives a public financing benefit shall maintain records
18of all contributions received by the candidate of more than $5 but less than $50,
19including seed money contributions and qualifying contributions, which shall
20contain the full name of the contributor and the contributor's full home address. In
21addition, if a contributor's aggregate contributions to any candidate exceed $50 for
22any campaign, the candidate shall also maintain a record of the contributor's
23principal occupation and the name and business address of the contributor's place
24of employment.
AB65,13,3
1(4) The failure to record or provide the information specified in sub. (3)
2disqualifies a contribution from being used by a candidate as a qualifying
3contribution.
AB65,13,6
4(5) No eligible candidate and no person acting on a candidate's behalf may
5deposit any contribution that is not recorded in accordance with sub. (3) in a
6candidate's campaign depository account.
AB65,13,10
7(6) No eligible candidate may accept more than $25 in cash from any
8contributor. No eligible candidate may accept cash from all sources in a total amount
9greater than one-tenth of 1 percent of the public financing benefit for the office that
10the candidate seeks or $500, whichever is greater.
AB65,13,13
1111.507 Personal funds of candidates.
(1) The personal funds of a candidate
12contributed as seed money contributions may not exceed an aggregate amount of
13$5,000.
AB65,13,15
14(2) No eligible candidate may make any disbursement derived from personal
15funds after the close of the public financing qualifying period.
AB65,13,22
1611.508 Seed money contributions. (1) An eligible candidate may accept
17seed money contributions from any individual or committee prior to the end of the
18public financing qualifying period, provided the total contributions received from one
19contributor, except personal funds and qualifying contributions otherwise permitted
20under ss. 11.502 to 11.522, do not exceed $100, and the aggregate contributions,
21including personal funds, but not including qualifying contributions, do not exceed
22$5,000.
AB65,13,25
23(2) An eligible candidate may make disbursements derived from seed money
24contributions only during the exploratory period and the public financing qualifying
25period.
AB65,14,9
111.509 Excess contributions. If an eligible candidate receives excess seed
2money contributions or qualifying contributions on an aggregate basis, the
3candidate may retain the contributions and make disbursements derived from the
4contributions, in an amount not exceeding $15,000. An amount equivalent to the
5excess contributions shall be deducted by the board from the candidate's public
6financing benefit. An eligible candidate shall transfer to the board all seed money
7and qualifying contributions that exceed the limits prescribed in this section within
848 hours after the end of the exploratory period. The board shall deposit all
9contributions transferred under this section in the democracy trust fund.
AB65,14,16
1011.51 Certification by candidate. (1) To apply for a public financing benefit,
11a candidate shall certify to the board that the candidate has complied and will
12comply, throughout the applicable campaign, with all requirements of ss. 11.502 to
1311.522 and that all disclosures required as of the time of application have been made,
14and shall present evidence of the requisite number of qualifying contributions
15received by the candidate. The candidate's request for certification shall be signed
16by the candidate and the candidate's campaign treasurer.
AB65,14,22
17(2) The board shall distribute to each eligible candidate at the spring primary
18election a check for the amount of the public financing benefit payable to the
19candidate promptly after the candidate demonstrates his or her eligibility and, in
20any event, not later than 5 days after the end of the public financing qualifying
21period; however, no candidate may utilize a check received under this subsection
22until the beginning of the primary election campaign period.
AB65,15,4
23(3) The board shall distribute to each eligible candidate for justice at a spring
24election a check for the amount of the public financing benefit payable to the
25candidate not later than 48 hours after the date of the spring primary election for the
1office of justice, or the date that the primary election would be held if a primary were
2required. However, no candidate for a particular office shall receive a check until all
3candidates for the office of justice who apply and qualify for a public financing benefit
4have been certified as eligible candidates.
AB65,15,8
5(4) If any candidate who receives a public financing benefit violates the
6requirements of ss. 11.502 to 11.522, the board shall require the candidate to repay
7all public funds received by the candidate to the board. The board shall deposit all
8repayments received under this subsection in the democracy trust fund.
AB65,15,18
911.511 Public financing benefits. (1) The board shall provide to each
10eligible candidate who qualifies to receive a public financing benefit for the primary
11or election campaign period separate checks for the public financing benefits payable
12to the candidate for the primary and election campaign periods in the amounts
13specified in this section, subject to any required adjustment under s. 11.509, 11.512
14(2) or 11.513 (2). An eligible candidate may use this public financing benefit to
15finance any lawful disbursements during the primary and election campaign periods
16to further the election of the candidate in that primary or election. An eligible
17candidate shall not use this public financing benefit to repay any loan, or in violation
18of ss. 11.502 to 11.522 or any other applicable law.
AB65,15,20
19(2) Except as provided in ss. 11.512 (2) and 11.513 (2), the public financing
20benefit for a primary election campaign period is $100,000.
AB65,15,22
21(3) Except as provided in ss. 11.512 (2) and 11.513 (2), the public financing
22benefit for an election campaign period is $300,000.
AB65,15,24
23(4) If there is no spring primary for the office of justice, no eligible candidate
24may receive a public financing benefit for the primary election campaign period.
AB65,16,5
1(5g) An eligible candidate who receives a public financing benefit in the
2primary election campaign period and whose name is certified to appear on the ballot
3at the election following that primary may utilize any unencumbered balance of the
4public financing benefit received by the candidate in the primary election campaign
5period for the election campaign period.
AB65,16,10
6(5r) Except as permitted in sub. (5g), an eligible candidate who receives a
7public financing benefit and who does not encumber or expend some portion of the
8benefit for a purpose described in sub. (1) shall return any unencumbered portion of
9the benefit to the board within 30 days after the primary or election in which the
10candidate participates.
AB65,16,15
11(6) Notwithstanding subs. (2) and (3), beginning on July 1, 2012, and every 2
12years thereafter, the board shall modify the public financing benefits provided for in
13subs. (2) and (3) to adjust for the change in the consumer price index, all items, U.S.
14city average, published by the U.S. department of labor for the preceding 2-year
15period ending on December 31.
AB65,17,12
1611.512 Financial activity by nonparticipating candidates. (1) In
17addition to other reports required by law, a nonparticipating candidate for an office
18at a primary or election who receives contributions or makes or obligates to make
19disbursements in an amount that is more than 5 percent greater than the public
20financing benefit applicable to an eligible candidate for the same office at the same
21primary or election shall file a report with the board itemizing the total contributions
22received and disbursements made or obligated to be made by the candidate as of the
23date of the report. The board shall transmit copies of the report to all candidates for
24the same office at the same election. A nonparticipating candidate shall file
25additional reports after the candidate receives each additional $1,000 of
1contributions, or the candidate makes or obligates to make each additional $1,000
2of disbursements. If such contributions are received or such disbursements are made
3or obligated to be made more than 6 weeks prior to the date of the primary election
4at which the name of the candidate appears on the ballot, or prior to the date that
5the primary election would be held, if a primary were required, the reports shall be
6made at the next regular reporting interval under s. 11.506. If such contributions
7are received or such disbursements made or obligated to be made within 6 weeks
8prior to the date of the primary election at which the name of the candidate appears
9on the ballot, or within 6 weeks prior to the date that the primary election would be
10held, if a primary were required, the reports shall be made within 24 hours after each
11instance in which such contributions are received, or such disbursements are made
12or obligated to be made.
AB65,17,16
13(2) Upon receipt of such information, the state treasurer shall immediately
14issue a check to an opposing eligible candidate in an additional amount equivalent
15to the total excess disbursements made or obligated to be made, but not to exceed 3
16times the public financing benefit for the applicable office.
AB65,18,4
1711.513 Independent disbursements. (1) If any person makes, or becomes
18obligated to make, by oral or written agreement, an independent disbursement in
19excess of $1,000 with respect to a candidate for the office of justice at a spring primary
20or election, that person shall file with the board a notice of the disbursement or
21obligation to make the disbursement. Any such person shall file reports of such
22disbursements or obligations to make such disbursements on the 15th or last day of
23the month that immediately follows the date of the disbursement or the obligation
24to make the disbursement, whichever comes first, except that, within 6 weeks prior
25to the date of the spring primary election, if a primary is held, and within 6 weeks
1prior to the date of the spring election, the person shall file such reports within 24
2hours after each independent disbursement is made or obligated to be made. Any
3such person shall file an additional report after each additional $1,000 of
4disbursements are made or obligated to be made.
AB65,18,10
5(2) When the aggregate independent disbursements against an eligible
6candidate for an office or for the opponents of that candidate exceed 120 percent of
7the public financing benefit for that office in any campaign, the board shall
8immediately credit that candidate's account with an additional line of credit
9equivalent to the total disbursements made or obligated to be made, but not to exceed
103 times the public financing benefit for the applicable office.
AB65,18,12
1111.515 Democracy trust fund. The democracy trust fund shall be
12administered by the state treasurer.
AB65,18,15
1311.516 Administration. Except as otherwise specifically provided in ss.
1411.501 to 11.522, the duties of and authority for administering and enforcing ss.
1511.501 to 11.522 are vested in the board.
AB65,18,21
1611.517 Penalties; enforcement. (1) Notwithstanding s. 11.60 (1), if an
17eligible candidate makes disbursements that exceed the total amount of the public
18financing benefit allocated to the candidate for any campaign and the total
19qualifying and seed money contributions lawfully accepted by the candidate, the
20candidate may be required to forfeit not more than 10 times the amount by which the
21disbursements exceed the allocation.
AB65,18,25
22(2) Notwithstanding s. 11.60 (1), any eligible candidate who accepts
23contributions in excess of any limitation imposed under ss. 11.502 to 11.522 may be
24required to forfeit not more than 10 times the amount by which the contributions
25exceed the applicable limitation.
AB65,19,8
1(3) If the board finds that there is probable cause to believe that an eligible
2candidate has made excess disbursements or has accepted excess contributions
3contrary to sub. (1) or (2), the board shall attempt for a period of not more than 14
4days after its finding to correct the matter by informal methods of conference and
5conciliation and to enter into a settlement and conciliation agreement under s. 5.05
6(1) (c) with the person involved. A settlement and conciliation agreement made
7pursuant to this subsection shall be a matter of public record. Unless violated, a
8settlement and conciliation agreement is a bar to any civil action under sub. (4).
AB65,19,14
9(4) If the board has probable cause to believe that an eligible candidate has
10made excess disbursements or has accepted excess contributions and the board is
11unable to correct the matter by informal methods within the time prescribed in sub.
12(3), the board shall make a public finding of probable cause in the matter. After
13making a public finding, the board may bring a civil action against the eligible
14candidate as provided in s. 5.05 (1) (c).
AB65,19,22
15(5) If an elector believes that an eligible candidate has violated ss. 11.502 to
1611.522 and the elector is entitled to vote for or against the eligible candidate in the
17election in connection with which the violation is alleged to occur, the elector may file
18a complaint with the board requesting it to take remedial action. If the board refuses
19to take remedial action or, within 30 days after the filing of such a complaint, fails
20to take remedial action, the elector may commence a civil action requesting the court
21to impose a forfeiture under sub. (1) or (2) in circuit court for the county where the
22board is authorized to bring an action under s. 5.05 (1) (c).
AB65,19,25
23(6) The board and courts shall expedite all proceedings under ss. 11.502 to
2411.522 so that all complaints brought prior to an election are resolved, to the extent
25possible, before the election is held.
AB65,20,4
1(7) If a complaint brought under ss. 11.502 to 11.522 is resolved against the
2complainant and is found to have been brought in bad faith and without reasonable
3basis therefor, the board or court may assess costs, including reasonable attorney
4fees, against the complainant.
AB65,20,10
511.518 Prohibited acts. (1) Notwithstanding s. 11.61 (1) (c), if an eligible
6candidate or agent of a candidate knowingly accepts more contributions than the
7candidate is entitled to receive, or makes disbursements exceeding the total amount
8of the public financing benefit received by the candidate and the qualifying and seed
9money contributions lawfully received by the candidate, the candidate or agent is
10guilty of a Class G felony.
AB65,20,14
11(2) Notwithstanding s. 11.61 (1) (c), if in connection with the receipt or
12disbursement of a public financing benefit for an election campaign, any person
13knowingly provides false information to the board, or knowingly conceals or
14withholds information from the board, that person is guilty of a Class G felony.
AB65,20,18
1511.522 Contributions to nonparticipating candidates; attributions. (1) 16A nonparticipating candidate may accept contributions from private sources without
17limitation, except that no person may make any contribution or contributions to a
18nonparticipating candidate exceeding a total of $1,000 during any campaign.
AB65,20,23
19(2) In addition to the attribution required under s. 11.30 (2), any electronic or
20print communication paid for or authorized by a nonparticipating candidate shall
21contain the following sentence: "This communication is paid for with money raised
22from private sources. This candidate has not agreed to abide by campaign
23contribution and spending limits."
AB65, s. 18
24Section
18. 11.60 (4) of the statutes is amended to read:
AB65,21,7
111.60
(4) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (h),
25.08, and 5.081, actions under this section
or 11.517 may be brought by the board or
3by the district attorney for the county where the defendant resides or, if the
4defendant is a nonresident, by the district attorney for the county where the violation
5is alleged to have occurred. For purposes of this subsection, a person other than a
6natural person resides within a county if the person's principal place of operation is
7located within that county.
AB65, s. 19
8Section
19. 11.61 (2) of the statutes is amended to read:
AB65,21,159
11.61
(2) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (i),
105.08, and 5.081, all prosecutions under this section
or s. 11.518 shall be conducted
11by the district attorney for the county where the defendant resides or, if the
12defendant is a nonresident, by the district attorney for the county where the violation
13is alleged to have occurred. For purposes of this subsection, a person other than a
14natural person resides within a county if the person's principal place of operation is
15located within that county.
AB65, s. 20
16Section
20. 20.005 (3) (schedule) of the statutes: at the appropriate place,
17insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB65, s. 21
1Section
21. 20.511 (1) (r) of the statutes is created to read:
AB65,22,32
20.511
(1) (r)
Democracy trust fund administration. From the democracy trust
3fund, the amounts in the schedule for the administration of ss. 11.501 to 11.522.
AB65, s. 22
4Section
22. 20.585 (1) (q) of the statutes is created to read:
AB65,22,75
20.585
(1) (q)
Public financing benefits; candidates for justice. From the
6democracy trust fund, a sum sufficient to provide for payment of public financing
7benefits to eligible candidates under ss. 11.501 to 11.522.
AB65, s. 23
8Section
23. 20.585 (1) (r) of the statutes is created to read: