SB221,50,148
11.26
(4) No Except as otherwise provided in sub. (10), no individual may make
9any contribution or contributions to all candidates for state and local offices and to
10any individuals who or committees which are subject to a registration requirement
11under s. 11.05, including
legislative campaign committees and committees of a
12political party, to the extent of more than a total of $10,000 in any calendar year.
This
13subsection does not apply to contributions that are transferred by an individual who
14serves as a conduit.
SB221, s. 94
15Section
94. 11.26 (8) of the statutes is amended to read:
SB221,50,2116
11.26
(8) (a) No political party as defined in s. 5.02 (13) may receive more than
17a total of
$150,000 $600,000 in value of its contributions in any biennium from all
18other committees, excluding
contributions from legislative campaign committees
19and transfers between party committees of the party. In this paragraph, a biennium
20commences with January 1 of each odd-numbered year and ends with December 31
21of each even-numbered year.
SB221,50,2422
(b) No such political party may receive more than a total of
$6,000 $18,000 in
23value of its contributions in any calendar year from any specific committee or its
24subunits or affiliates, excluding
legislative campaign and political party committees.
SB221,51,4
1(c) No committee, other than a political party
or legislative campaign
2committee, may make any contribution or contributions, directly or indirectly, to a
3political party under s. 5.02 (13) in a calendar year exceeding a total value of
$6,000 4$18,000.
SB221, s. 95
5Section
95. 11.26 (9) (a) of the statutes is amended to read:
SB221,51,136
11.26
(9) (a) No individual who is a candidate for state or local office may receive
7and accept more than 65 percent of the value of the total disbursement level
8determined under s. 11.31
(1), adjusted as provided in s. 11.31 (9), for the office for
9which he or she is a candidate during any primary and election campaign combined
10from all committees subject to a filing requirement, including political party
and
11legislative campaign committees.
The limitation otherwise applicable under this
12paragraph to a candidate who qualifies to receive a supplemental grant under s.
1311.50 (9) (ba) or (bb) is increased by the amount of the supplemental grant.
SB221, s. 96
14Section
96
. 11.26 (9) (a) of the statutes, as affected by 2009 Wisconsin Act ....
15(this act), is amended to read:
SB221,51,2316
11.26
(9) (a)
No Except as provided in par. (ba), no individual who is a candidate
17for state or local office may receive and accept more than 65 percent of the value of
18the total disbursement level determined under s. 11.31 (1), adjusted as provided in
19s. 11.31 (9), for the office for which he or she is a candidate during any primary and
20election campaign combined from all committees subject to a filing requirement,
21including political party committees. The limitation otherwise applicable under this
22paragraph to a candidate who qualifies to receive a supplemental grant under s.
2311.50 (9) (ba) or (bb) is increased by the amount of the supplemental grant.
SB221, s. 97
24Section
97. 11.26 (9) (b) of the statutes is amended to read:
SB221,52,8
111.26
(9) (b) No individual who is a candidate for state or local office may receive
2and accept more than
45 35 percent of the value of the total disbursement level
3determined under s. 11.31
(1), adjusted as provided in s. 11.31 (9), for the office for
4which he or she is a candidate during any primary and election campaign combined
5from all committees other than political party
and legislative campaign committees
6subject to a filing requirement.
The limitation otherwise applicable under this
7paragraph to a candidate who qualifies to receive a supplemental grant under s.
811.50 (9) (ba) or (bb) is increased by the amount of the supplemental grant.
SB221, s. 98
9Section
98
. 11.26 (9) (b) of the statutes, as affected by 2009 Wisconsin Act ....
10(this act), is amended to read:
SB221,52,1811
11.26
(9) (b)
No Except as provided in par. (ba), no individual who is a candidate
12for state or local office may receive and accept more than 35 percent of the value of
13the total disbursement level determined under s. 11.31 (1), adjusted as provided in
14s. 11.31 (9), for the office for which he or she is a candidate during any primary and
15election campaign combined from all committees other than political party
16committees subject to a filing requirement. The limitation otherwise applicable
17under this paragraph to a candidate who qualifies to receive a supplemental grant
18under s. 11.50 (9) (ba) or (bb) is increased by the amount of the supplemental grant.
SB221, s. 99
19Section
99. 11.26 (9) (ba) of the statutes is created to read:
SB221,52,2120
11.26
(9) (ba) Paragraphs (a) and (b) do not apply to a candidate who receives
21a public financing benefit from the democracy trust fund.
SB221, s. 100
22Section
100. 11.26 (10) of the statutes is renumbered 11.26 (10) (a) and
23amended to read:
SB221,53,1524
11.26
(10) (a)
No Except as provided in par. (b), no candidate for state office who
25files a sworn statement and application to receive a grant from the Wisconsin election
1campaign fund may make contributions of more than 200 percent of the amounts
2specified in sub. (1) to the candidate's own campaign from the candidate's personal
3funds or property or the personal funds or property which are owned jointly or as
4marital property with the candidate's spouse, unless the board determines that the
5candidate is not eligible to receive a grant
, or the candidate withdraws his or her
6application under s. 11.50 (2) (h)
, or s. 11.50 (2) (i) applies. For purposes of this
7subsection paragraph, any contribution received by a candidate or his or her
8personal campaign committee from a committee which is registered with the federal
9elections commission as the authorized committee of the candidate under
2 USC 432 10(e) shall be treated as a contribution made by the candidate to his or her own
11campaign. The contribution limit of sub. (4) applies to amounts contributed by such
12a candidate personally to the candidate's own campaign and to other campaigns,
13except that a candidate may exceed the limitation if authorized under this
subsection 14paragraph to contribute more than the amount specified to the candidate's own
15campaign, up to the amount of the limitation.
SB221, s. 101
16Section
101. 11.26 (10) (b) of the statutes is created to read:
SB221,53,2417
11.26
(10) (b) If a candidate is authorized to make disbursements under s. 11.31
18(3p) exceeding the limitation otherwise applicable to the candidate as prescribed
19under s. 11.31 (1) and adjusted under s. 11.31 (9), then the limitation otherwise
20applicable to that candidate under par. (a) is increased by an amount equal to the
21ratio that the amount specified in par. (a) bears to the disbursement limitation
22specified for that candidate under s. 11.31 (1), as adjusted under s. 11.31 (9),
23multiplied by the amount of the increased disbursement limitation authorized for
24that candidate under s. 11.31 (3p).
SB221, s. 102
25Section
102. 11.26 (13) of the statutes is amended to read:
SB221,54,3
111.26
(13) Except as provided in sub. (9), contributions received from the
2Wisconsin election campaign fund
and public financing benefits received from the
3democracy trust fund are not subject to limitation by this section.
SB221, s. 104
5Section
104. 11.30 (4) of the statutes is amended to read:
SB221,54,86
11.30
(4) No owner or other person with a financial interest in a
7communications medium may utilize such medium in support of or in opposition to
8a candidate or referendum
, except as provided in this chapter.
SB221,54,12
9(4m) This chapter shall not be construed to restrict fair coverage of bona fide
10news stories, interviews with candidates and other politically active individuals,
11editorial comment or endorsement. Such activities need not be reported as a
12contribution or disbursement.
SB221, s. 105
13Section
105. 11.31 (1) (intro.) of the statutes is amended to read:
SB221,54,1814
11.31
(1) Schedule. (intro.) The following levels of disbursements are
15established with reference to the candidates listed below.
The levels are subject to
16adjustment under sub. (9). Except as provided in sub. (2), such levels do not operate
17to restrict the total amount of disbursements which are made or authorized to be
18made by any candidate in any primary or other election.
SB221, s. 106
19Section
106. 11.31 (1) (a) to (d) of the statutes are amended to read:
SB221,54,2020
11.31
(1) (a) Candidates for governor,
$1,078,200 $4,000,000.
SB221,54,2121
(b) Candidates for lieutenant governor,
$323,475
$500,000.
SB221,54,2222
(c) Candidates for attorney general,
$539,000 $700,000.
SB221,54,2423
(d) Candidates for secretary of state, state treasurer, justice or state
24superintendent,
$215,625 $250,000.
SB221, s. 107
1Section
107
. 11.31 (1) (d) of the statutes, as affected by 2009 Wisconsin Act ....
2(this act), is amended to read:
SB221,55,43
11.31
(1) (d) Candidates for secretary of state, state treasurer,
justice or state
4superintendent, $250,000.
SB221, s. 108
5Section
108. 11.31 (1) (e) and (f) of the statutes are amended to read:
SB221,55,86
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.
SB221,55,119
(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.
SB221, s. 109
12Section
109. 11.31 (2) of the statutes is amended to read:
SB221,56,213
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.
SB221, s. 110
3Section
110. 11.31 (2m) of the statutes is repealed:
SB221, s. 111
4Section
111. 11.31 (3) of the statutes is amended to read:
SB221,56,105
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.
SB221, s. 112
11Section
112. 11.31 (3p) of the statutes is created to read:
SB221,56,1512
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.
SB221, s. 113
16Section
113. 11.31 (9) of the statutes is created to read:
SB221,56,2017
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.
SB221,57,821
(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 2009. 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.
SB221, s. 114
9Section
114. 11.38 (1) (a) 2. of the statutes is amended to read:
SB221,57,2410
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.
SB221, s. 115
25Section
115. 11.38 (1m) of the statutes is created to read:
SB221,58,4
111.38
(1m) (a) No corporation or association specified in sub. (1) (a) 1. may
2make a disbursement for the purpose of making a mass communication that is made
3by means of one or more communications media, other than a communication that
4is exempt from reporting under s. 11.29, and that:
SB221,58,95
1. Is made during the period beginning on the 60th day preceding an election
6and ending on the date of that election, and that includes a reference to a candidate
7whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at
8that election, a reference to an office to be filled at that election, or a reference to a
9political party; or
SB221,58,1210
2. Refers to a judicial office and either focuses on and takes a position for or
11against a judicial candidate's position on an issue or takes a position on that judicial
12candidate's character, qualifications, or fitness for office.
SB221,58,2113
(b) Paragraph (a) does not apply to a mass communication that either focuses
14on and takes a position on a legislative or executive issue and urges the public to
15adopt the position and to contact one or more public officials about the issue or
16proposes a commercial transaction and does not 1) support or oppose a candidate's
17record on an issue, 2) mention an election, a candidacy, an opposing candidate, a
18political party, or voting by the general public, or 3) take a position on a candidate's
19character, qualifications, or fitness for office, unless the communication is
20susceptible of no reasonable interpretation other than as an appeal to vote for or
21against a candidate whose name is certified to appear on the ballot at an election.
SB221, s. 116
22Section
116. 11.38 (6) of the statutes is amended to read:
SB221,59,223
11.38
(6) Any individual or campaign treasurer who receives funds in violation
24of this section shall promptly return such funds to the contributor
or, donate the
25funds to the common school fund or a charitable organization,
or transfer the funds
1to the board for deposit in the Wisconsin election campaign fund, at the treasurer's
2option.
SB221, s. 117
3Section
117. 11.38 (8) (b) of the statutes is amended to read:
SB221,59,154
11.38
(8) (b) Except as authorized in s. 11.05 (12) (b) and (13), prior to making
5any disbursement on behalf of a political group which is promoting or opposing a
6particular vote at a referendum and prior to accepting any contribution or making
7any disbursement to promote or oppose a particular vote at a referendum, a
8corporation or association organized under ch. 185 or 193 shall register with the
9appropriate filing officer specified in s. 11.02 and appoint a treasurer. The
10registration form of the corporation or association under s. 11.05 shall designate an
11account separate from all other corporation or association accounts as a campaign
12depository account, through which all moneys received or expended
for the adoption
13or rejection of to promote or oppose a particular vote at the referendum shall pass.
14The corporation or association shall file periodic reports under s. 11.20
, and under
15s. 11.21 (16), if applicable, providing the information required under s. 11.06 (1).
SB221, s. 118
16Section
118. 11.50 (1) (a) 1. (intro.) of the statutes is created to read:
SB221,59,1817
11.50
(1) (a) 1. (intro.) For purposes of qualification for a grant from the general
18account:
SB221, s. 119
19Section
119. 11.50 (1) (a) 1. of the statutes is renumbered 11.50 (1) (a) 1. a.
SB221, s. 120
20Section
120
. 11.50 (1) (a) 1. a. of the statutes, as affected by 2009 Wisconsin
21Act .... (this act), is amended to read:
SB221,60,422
11.50
(1) (a) 1. a. With respect to a spring or general election, any individual
23who is certified under s. 7.08 (2) (a) as a candidate in the spring election for
justice
24or state superintendent, or an individual who receives at least 6% of the vote cast for
25all candidates on all ballots for any state office, except district attorney, for which the
1individual is a candidate at the September primary and who is certified under s. 7.08
2(2) (a) as a candidate for that office in the general election, or an individual who has
3been lawfully appointed and certified to replace either such individual on the ballot
4at the spring or general election; and who has qualified for a grant under sub. (2).
SB221, s. 121
5Section
121. 11.50 (1) (a) 2. of the statutes is renumbered 11.50 (1) (a) 1. b.
SB221, s. 122
6Section
122. 11.50 (1) (a) 2m. of the statutes is created to read:
SB221,60,127
11.50
(1) (a) 2m. For purposes of qualification for a grant from a political party
8account, an individual who is certified under s. 7.08 (2) (a) in the general election or
9under s. 8.50 (1) (d) in a special election as the candidate of an eligible political party
10for a state office, other than district attorney, or an individual who has been lawfully
11appointed and certified to replace such an individual on the ballot at the general or
12a special election and who has qualified for a grant under sub. (2).
SB221, s. 123
13Section
123. 11.50 (1) (am) of the statutes is created to read:
SB221,60,1414
11.50
(1) (am) "Eligible political party" means any of the following:
SB221,60,1915
1. A party qualifying under s. 5.62 (2) for a separate ballot or one or more
16separate columns or rows on a ballot for the period beginning on the preceding June
171, or, if that June 1 is in an odd-numbered year, the period beginning on June 1 of
18the preceding even-numbered year, and ending on May 31 of the 2nd year following
19the beginning of that period.
SB221,60,2320
2. A party qualifying under s. 5.62 (1) (b) for a separate ballot or one or more
21separate columns or rows on a ballot for the period beginning on the date of the
22preceding general election and ending on the day before the general election that
23follows that election.
SB221, s. 124
24Section
124. 11.50 (1) (bm) and (cm) of the statutes are created to read:
SB221,61,2
111.50
(1) (bm) "General account" means the account in the fund created under
2sub. (2w).
SB221,61,43
(cm) "Political party account" means an account in the fund created under sub.
4(2s).
SB221, s. 125
5Section
125. 11.50 (1) (e) of the statutes is created to read:
SB221,61,146
11.50
(1) (e) "Qualifying period" means the period beginning on July 1
7preceding the date of the spring primary and ending on the date of the spring primary
8in the case of candidates at the spring election; the period beginning on January 1
9preceding the date of the September primary and ending on the date of the
10September primary in the case of candidates at the general election; or the period
11beginning on the 90th day beginning before the date on which a special primary will
12or would be held, if required, or the date on which a special election is ordered,
13whichever is earlier, and ending on the date of a special election, in the case of
14candidates at a special election.
SB221, s. 126
15Section
126. 11.50 (2) (a) of the statutes is amended to read:
SB221,62,516
11.50
(2) (a) Any individual who desires to qualify as an eligible candidate may
17file an application with the board requesting approval to participate in the fund. The
18application shall be filed no later than the applicable deadline for filing nomination
19papers 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.
20on the 7th day after the primary or date on which the primary would be held if
21required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day
22after appointment in the case of candidates appointed to fill vacancies. The
23application shall contain a sworn statement that the candidate and his or her
24authorized agents have complied with the contribution limitations prescribed in s.
2511.26 and the disbursement limitations prescribed under s. 11.31
(2), as adjusted
1under s. 11.31 (9), at all times to which such limitations have applied to his or her
2candidacy and will continue to comply with the limitations at all times to which the
3limitations apply to his or her candidacy for the office in contest, unless the board
4determines that the candidate is not eligible to receive a grant, the candidate
5withdraws his or her application under par. (h), or
par. (i) s. 11.31 (3p) applies.
SB221, s. 127
6Section
127. 11.50 (2) (b) 5. of the statutes is amended to read:
SB221,63,77
11.50
(2) (b) 5. The financial reports filed by or on behalf of the candidate as
8of the date of the spring or September primary, or the date that the special primary
9is or would be held, if required, indicate that the candidate has received at least
the
10amount provided in this subdivision an amount equal to 5 percent of the applicable
11authorized disbursement limitation, as determined under s. 11.31 (1) and adjusted
12under s. 11.31 (9), from contributions of money, other than loans, made by individuals
13who reside in this state and, in the case of a candidate for legislative office, except
14as provided in par. (bm), at least 50 percent of the amount of which are made by
15individuals who reside within the legislative district in which the candidate seeks
16office, which have been received during the
qualifying period
ending on the date of
17the spring primary and July 1 preceding such date in the case of candidates at the
18spring election, or the date of the September primary and January 1 preceding such
19date in the case of candidates at the general election, or the date that a special
20primary will or would be held, if required, and 90 days preceding such date or the
21date a special election is ordered, whichever is earlier, in the case of special election
22candidates, which
contributions are in the aggregate amount of $100 or less, and
23which are fully identified and itemized as to the exact source thereof. A contribution
24received from a conduit which is identified by the conduit as originating from an
25individual shall be considered a contribution made by the individual.
Only Except
1as authorized in par. (bm), only the first $100 of an aggregate contribution of more
2than $100 may be counted toward the required percentage.
For a candidate at the
3spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at
4a special election, the required amount to qualify for a grant is 5 percent of the
5candidate's authorized disbursement limitation under s. 11.31. For any other
6candidate at the general election, the required amount to qualify for a grant is 10
7percent of the candidate's authorized disbursement limitation under s. 11.31.
SB221, s. 128
8Section
128. 11.50 (2) (bm) of the statutes is created to read:
SB221,63,139
11.50
(2) (bm) A candidate for legislative office may substitute contributions
10received by the candidate from political party committees for not more than 50
11percent of the contributions that are required under par. (b) 5. to be received from
12individuals who reside within the legislative district in which the candidate seeks
13office.
SB221, s. 129
14Section
129. 11.50 (2) (c) of the statutes is amended to read:
SB221,64,215
11.50
(2) (c) If a candidate has not filed financial reports as of the date of the
16spring primary, September primary, special primary, or date that the special primary
17would be held, if required, which indicate that he or she has met the qualification
18under par. (b) 5., the candidate may file a special report with the board. Such report
19shall be filed not later than the 7th day after the primary, or 7th day after the date
20the primary would be held, if required, and shall include such supplementary
21information as to sources of contributions which may be necessary to complete the
22candidate's qualification. The special report shall cover the period from the day after
23the last date covered on the candidate's most recent report, or from the date on which
24the first contribution was received or the first disbursement was made, whichever
25is earlier, if the candidate has not previously filed a report, to the date of such report.
1All information included on the special report shall also be included in the
2candidate's next report under s. 11.20
or 11.21 (16).
SB221, s. 130
3Section
130. 11.50 (2) (f) of the statutes is amended to read:
SB221,64,104
11.50
(2) (f) The board shall inform each candidate in writing of the approval
5or disapproval of the candidate's application, as promptly as possible after the date
6of the spring primary, September primary, special primary, or date that the primary
7would be held, if required. With respect to a candidate at a special election who
8applies for a postelection grant under sub. (1) (a)
2.
1. b., the board shall inform the
9candidate in writing of the conditional approval or disapproval of the candidate's
10application at the same time.
SB221, s. 131
11Section
131. 11.50 (2) (g) of the statutes is amended to read:
SB221,64,1912
11.50
(2) (g) A candidate who voluntarily files an application to receive a grant
13in accordance with this subsection accepts and agrees to comply with the
14contribution limitations prescribed in s. 11.26 and the disbursement limitations
15imposed under s. 11.31
(2), as adjusted under s. 11.31 (9), as binding upon himself
16or herself and his or her agents during the campaign as defined in s. 11.31 (7), as a
17precondition to receipt of a grant under this section, unless the board determines
18that the candidate is not eligible to receive a grant, the candidate withdraws the
19application under par. (h), or
par. (i) s. 11.31 (3p) applies.
SB221, s. 132
20Section
132. 11.50 (2) (i) of the statutes is repealed.
SB221, s. 133
21Section
133. 11.50 (2s) of the statutes is created to read: