SB221: Bill Text

SB221,50,3 11.26 (2) (an) Candidates for justice, $1,000.

SB221, s. 92 Section 92. 11.26 (2) (au) of the statutes is created to read:

SB221,50,6 11.26 (2) (au) Candidates for secretary of state, state treasurer, or state superintendent, $10,000.

SB221, s. 93 Section 93. 11.26 (4) of the statutes is amended to read:

SB221,50,14 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.

SB221, s. 94 Section 94. 11.26 (8) of the statutes is amended to read:

SB221,50,21 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.

SB221,50,24 (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.

SB221,51,4 (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.

SB221, s. 95 Section 95. 11.26 (9) (a) of the statutes is amended to read:

SB221,51,13 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.

SB221, s. 96 Section 96 . 11.26 (9) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

SB221,51,23 11.26 (9) (a) No Except as provided in par. (ba), 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 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.

SB221, s. 97 Section 97. 11.26 (9) (b) of the statutes is amended to read:

SB221,52,8 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.

SB221, s. 98 Section 98 . 11.26 (9) (b) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

SB221,52,18 11.26 (9) (b) No Except as provided in par. (ba), no individual who is a candidate for state or local office may receive and accept more than 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 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.

SB221, s. 99 Section 99. 11.26 (9) (ba) of the statutes is created to read:

SB221,52,21 11.26 (9) (ba) Paragraphs (a) and (b) do not apply to a candidate who receives a public financing benefit from the democracy trust fund.

SB221, s. 100 Section 100. 11.26 (10) of the statutes is renumbered 11.26 (10) (a) and amended to read:

SB221,53,15 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.

SB221, s. 101 Section 101. 11.26 (10) (b) of the statutes is created to read:

SB221,53,24 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).

SB221, s. 102 Section 102. 11.26 (13) of the statutes is amended to read:

SB221,54,3 11.26 (13) Except as provided in sub. (9), contributions received from the Wisconsin election campaign fund and public financing benefits received from the democracy trust fund are not subject to limitation by this section.

SB221, s. 103 Section 103. 11.265 of the statutes is repealed.

SB221, s. 104 Section 104. 11.30 (4) of the statutes is amended to read:

SB221,54,8 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.

SB221,54,12 (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.

SB221, s. 105 Section 105. 11.31 (1) (intro.) of the statutes is amended to read:

SB221,54,18 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.

SB221, s. 106 Section 106. 11.31 (1) (a) to (d) of the statutes are amended to read:

SB221,54,20 11.31 (1) (a) Candidates for governor, $1,078,200 $4,000,000.

SB221,54,21 (b) Candidates for lieutenant governor, $323,475 $500,000.

SB221,54,22 (c) Candidates for attorney general, $539,000 $700,000.

SB221,54,24 (d) Candidates for secretary of state, state treasurer, justice or state superintendent, $215,625 $250,000.

SB221, s. 107 Section 107 . 11.31 (1) (d) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

SB221,55,4 11.31 (1) (d) Candidates for secretary of state, state treasurer, justice or state superintendent, $250,000.

SB221, s. 108 Section 108. 11.31 (1) (e) and (f) of the statutes are amended to read:

SB221,55,8 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.

SB221,55,11 (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.

SB221, s. 109 Section 109. 11.31 (2) of the statutes is amended to read:

SB221,56,2 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.

SB221, s. 110 Section 110. 11.31 (2m) of the statutes is repealed:

SB221, s. 111 Section 111. 11.31 (3) of the statutes is amended to read:

SB221,56,10 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.

SB221, s. 112 Section 112. 11.31 (3p) of the statutes is created to read:

SB221,56,15 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.

SB221, s. 113 Section 113. 11.31 (9) of the statutes is created to read:

SB221,56,20 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.

SB221,57,8 (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 2009. 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.

SB221, s. 114 Section 114. 11.38 (1) (a) 2. of the statutes is amended to read:

SB221,57,24 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.

SB221, s. 115 Section 115. 11.38 (1m) of the statutes is created to read:

SB221,58,4 11.38 (1m) (a) No corporation or association specified in sub. (1) (a) 1. may make a disbursement for the purpose of making a mass communication that is made by means of one or more communications media, other than a communication that is exempt from reporting under s. 11.29, and that:

SB221,58,9 1. Is made during the period beginning on the 60th day preceding an election and ending on the date of that election, and that includes a reference to a candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that election, a reference to an office to be filled at that election, or a reference to a political party; or

SB221,58,12 2. Refers to a judicial office and either focuses on and takes a position for or against a judicial candidate's position on an issue or takes a position on that judicial candidate's character, qualifications, or fitness for office.

SB221,58,21 (b) Paragraph (a) does not apply to a mass communication that either focuses on and takes a position on a legislative or executive issue and urges the public to adopt the position and to contact one or more public officials about the issue or proposes a commercial transaction and does not 1) support or oppose a candidate's record on an issue, 2) mention an election, a candidacy, an opposing candidate, a political party, or voting by the general public, or 3) take a position on a candidate's character, qualifications, or fitness for office, unless the communication is susceptible of no reasonable interpretation other than as an appeal to vote for or against a candidate whose name is certified to appear on the ballot at an election.

SB221, s. 116 Section 116. 11.38 (6) of the statutes is amended to read:

SB221,59,2 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.

SB221, s. 117 Section 117. 11.38 (8) (b) of the statutes is amended to read:

SB221,59,15 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).

SB221, s. 118 Section 118. 11.50 (1) (a) 1. (intro.) of the statutes is created to read:

SB221,59,18 11.50 (1) (a) 1. (intro.) For purposes of qualification for a grant from the general account:

SB221, s. 119 Section 119. 11.50 (1) (a) 1. of the statutes is renumbered 11.50 (1) (a) 1. a.

SB221, s. 120 Section 120 . 11.50 (1) (a) 1. a. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

SB221,60,4 11.50 (1) (a) 1. a. With respect to a spring or general election, any individual who is certified under s. 7.08 (2) (a) as a candidate in the spring election for justice or state superintendent, or an individual who receives at least 6% of the vote cast for all candidates on all ballots for any state office, except district attorney, for which the individual is a candidate at the September primary and who is certified under s. 7.08 (2) (a) as a candidate for that office in the general election, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at the spring or general election; and who has qualified for a grant under sub. (2).

SB221, s. 121 Section 121. 11.50 (1) (a) 2. of the statutes is renumbered 11.50 (1) (a) 1. b.

SB221, s. 122 Section 122. 11.50 (1) (a) 2m. of the statutes is created to read:

SB221,60,12 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).

SB221, s. 123 Section 123. 11.50 (1) (am) of the statutes is created to read:

SB221,60,14 11.50 (1) (am) "Eligible political party" means any of the following:

SB221,60,19 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.

SB221,60,23 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.

SB221, s. 124 Section 124. 11.50 (1) (bm) and (cm) of the statutes are created to read:

SB221,61,2 11.50 (1) (bm) "General account" means the account in the fund created under sub. (2w).

SB221,61,4 (cm) "Political party account" means an account in the fund created under sub. (2s).

SB221, s. 125 Section 125. 11.50 (1) (e) of the statutes is created to read:

SB221,61,14 11.50 (1) (e) "Qualifying period" means the period beginning on July 1 preceding the date of the spring primary and ending on the date of the spring primary in the case of candidates at the spring election; the period beginning on January 1 preceding the date of the September primary and ending on the date of the September primary in the case of candidates at the general election; or the period beginning on the 90th day beginning before the date on which a special primary will or would be held, if required, or the date on which a special election is ordered, whichever is earlier, and ending on the date of a special election, in the case of candidates at a special election.

SB221, s. 126 Section 126. 11.50 (2) (a) of the statutes is amended to read:

SB221,62,5 11.50 (2) (a) Any individual who desires to qualify as an eligible candidate may file an application with the board requesting approval to participate in the fund. The application shall be filed no later than the applicable deadline for filing nomination papers 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. on the 7th day after the primary or date on which the primary would be held if required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in the case of candidates appointed to fill vacancies. The application shall contain a sworn statement that the candidate and his or her authorized agents have complied with the contribution limitations prescribed in s. 11.26 and the disbursement limitations prescribed under s. 11.31 (2), as adjusted under s. 11.31 (9), at all times to which such limitations have applied to his or her candidacy and will continue to comply with the limitations at all times to which the limitations apply to his or her candidacy for the office in contest, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under par. (h), or par. (i) s. 11.31 (3p) applies.

SB221, s. 127 Section 127. 11.50 (2) (b) 5. of the statutes is amended to read:

SB221,63,7 11.50 (2) (b) 5. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received at least the amount provided in this subdivision an amount equal to 5 percent of the applicable authorized disbursement limitation, as determined under s. 11.31 (1) and adjusted under s. 11.31 (9), from contributions of money, other than loans, made by individuals who reside in this state and, in the case of a candidate for legislative office, except as provided in par. (bm), at least 50 percent of the amount of which are made by individuals who reside within the legislative district in which the candidate seeks office, which have been received during the qualifying period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding such date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days preceding such date or the date a special election is ordered, whichever is earlier, in the case of special election candidates, which contributions are in the aggregate amount of $100 or less, and which are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual. Only Except as authorized in par. (bm), only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5 percent of the candidate's authorized disbursement limitation under s. 11.31. For any other candidate at the general election, the required amount to qualify for a grant is 10 percent of the candidate's authorized disbursement limitation under s. 11.31.

SB221, s. 128 Section 128. 11.50 (2) (bm) of the statutes is created to read:

SB221,63,13 11.50 (2) (bm) A candidate for legislative office may substitute contributions received by the candidate from political party committees for not more than 50 percent of the contributions that are required under par. (b) 5. to be received from individuals who reside within the legislative district in which the candidate seeks office.

SB221, s. 129 Section 129. 11.50 (2) (c) of the statutes is amended to read:

SB221,64,2 11.50 (2) (c) If a candidate has not filed financial reports as of the date of the spring primary, September primary, special primary, or date that the special primary would be held, if required, which indicate that he or she has met the qualification under par. (b) 5., the candidate may file a special report with the board. Such report shall be filed not later than the 7th day after the primary, or 7th day after the date the primary would be held, if required, and shall include such supplementary information as to sources of contributions which may be necessary to complete the candidate's qualification. The special report shall cover the period from the day after the last date covered on the candidate's most recent report, or from the date on which the first contribution was received or the first disbursement was made, whichever is earlier, if the candidate has not previously filed a report, to the date of such report. All information included on the special report shall also be included in the candidate's next report under s. 11.20 or 11.21 (16).

SB221, s. 130 Section 130. 11.50 (2) (f) of the statutes is amended to read:

SB221,64,10 11.50 (2) (f) The board shall inform each candidate in writing of the approval or disapproval of the candidate's application, as promptly as possible after the date of the spring primary, September primary, special primary, or date that the primary would be held, if required. With respect to a candidate at a special election who applies for a postelection grant under sub. (1) (a) 2. 1. b., the board shall inform the candidate in writing of the conditional approval or disapproval of the candidate's application at the same time.