SB221: Bill Text

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.

SB221, s. 131 Section 131. 11.50 (2) (g) of the statutes is amended to read:

SB221,64,19 11.50 (2) (g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the contribution limitations prescribed in s. 11.26 and the disbursement limitations imposed under s. 11.31 (2), as adjusted under s. 11.31 (9), as binding upon himself or herself and his or her agents during the campaign as defined in s. 11.31 (7), as a precondition to receipt of a grant under this section, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws the application under par. (h), or par. (i) s. 11.31 (3p) applies.

SB221, s. 132 Section 132. 11.50 (2) (i) of the statutes is repealed.

SB221, s. 133 Section 133. 11.50 (2s) of the statutes is created to read:

SB221,65,2 11.50 (2s) Political party accounts. (a) There is established a political party account for each eligible political party whose state chairperson files a written request with the board to establish an account for the party under this subsection. Each political party account consists of all moneys designated by individuals for deposit in that account under s. 71.10 (3) (a).

SB221,65,13 (b) From the account of each eligible political party, the board shall apportion moneys to eligible candidates representing that party who qualify to receive grants. If at any election there are insufficient moneys in the account of any eligible political party to make full payment of all grants for which candidates of that political party qualify, the board shall apportion the available moneys in the account to candidates of the political party in the proportion that the available moneys bear to the total amount required to make full payment of all grants payable to candidates of that political party. If any candidate of a political party qualifies to receive a supplemental grant under sub. (9) (ba) or (bb) the board shall first make payment of the supplemental grant from the account of that political party using the method of apportionment provided in this paragraph if necessary.

SB221,65,16 (c) If a political party for which an account is established under this subsection ceases to be an eligible political party, the board shall transfer the unencumbered balance of that account to the general account.

SB221, s. 134 Section 134. 11.50 (2w) of the statutes is created to read:

SB221,65,20 11.50 (2w) General account. There is established a general account within the fund consisting of all moneys in the fund not designated by individuals for deposit in a political party account under s. 71.10 (3) (a).

SB221, s. 135 Section 135. 11.50 (3) of the statutes is repealed.

SB221, s. 136 Section 136. 11.50 (4) of the statutes is repealed.

SB221, s. 137 Section 137. 11.50 (4e) of the statutes is created to read:

SB221,66,6 11.50 (4e) Payment of grant amounts. The state treasurer shall make payment of each grant to an eligible candidate from the political party account of that candidate's political party, if any, if there are sufficient moneys in that account to make full payment of the grant, and then from the general account. If there are insufficient moneys in the general account to make full payment of a grant, the state treasurer shall supplement the general account from the appropriation under s. 20.855 (4) (ba) in an amount sufficient to make full payment of the grant. Except as provided in sub. (10), the amount of each grant is the amount specified in sub. (9).

SB221, s. 138 Section 138. 11.50 (5) (title) of the statutes is amended to read:

SB221,66,8 11.50 (5) (title) Time of disbursement grant payments.

SB221, s. 139 Section 139. 11.50 (5) of the statutes is renumbered 11.50 (5) (a) and amended to read:

SB221,66,15 11.50 (5) (a) The Except as provided in par. (b), the state treasurer shall make the disbursements to the campaign depository account of each eligible candidate under subs. (3) and (4) by the end of the 3rd business day following notice from the board under s. 7.08 (2) (c) or (cm). Eligible candidates for governor and lieutenant governor of the same political party may combine accounts if desired.

SB221, s. 140 Section 140. 11.50 (5) (b) and (c) of the statutes are created to read:

SB221,66,22 11.50 (5) (b) If an eligible candidate notifies the state treasurer of the information required to make electronic transfers to the candidate's campaign depository account, the state treasurer shall transfer to the campaign depository account of that candidate any grant payment that becomes payable to the candidate under sub. (9) as soon as possible following notice from the board under s. 7.08 (2) (c) or (cm), but no later than the time specified in par. (a).

SB221,66,24 (c) Eligible candidates for governor and lieutenant governor of the same political party may combine campaign depository accounts if desired.

SB221, s. 141 Section 141. 11.50 (6) of the statutes is amended to read:

SB221,67,5 11.50 (6) Excess moneys. If the amounts which are to be apportioned to each amount that is payable to any eligible candidate under subs. (3) and (4) are this section is more than the amount which a candidate may accept under sub. (9), or more than the amount which that a candidate elects to accept under sub. (10), the excess moneys shall be retained in the fund.

SB221, s. 142 Section 142. 11.50 (9) (title) of the statutes is amended to read:

SB221,67,7 11.50 (9) (title) Limitation on Amount of grants.

SB221, s. 143 Section 143. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended to read:

SB221,67,19 11.50 (9) (a) The Except as provided in this paragraph and pars. (ba) and (bb), the total grant available to an eligible candidate may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, and political party committees and legislative campaign committees, is equal to 45 35 percent of the disbursement level specified for the applicable office that the candidate seeks, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9). The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are not exceeded and any violation is reported. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.

SB221, s. 144 Section 144. 11.50 (9) (ba) and (bb) of the statutes are created to read:

SB221,68,6 11.50 (9) (ba) If an eligible candidate at a primary or election, or both, who accepts a grant is opposed by one or more candidates who are required, or whose personal campaign committees are required, to file a report under s. 11.12 (8), then the board shall make an additional grant to the eligible candidate who accepts a grant in an amount equal to the total amount or value of disbursements, as reported under s. 11.12 (8), made by the opposing candidate or candidates exceeding the amount specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office which the candidate seeks, as adjusted under s. 11.31 (9), but not more than, together with any additional grant provided under par. (bb), an amount equal to 3 times the amount specified in s. 11.31 (1) (a) to (d), (e), or (f) for the office that the eligible candidate seeks, as adjusted under s. 11.31 (9).

SB221,68,15 (bb) If the sum of the aggregate disbursements made by committees against an eligible candidate and the aggregate disbursements made by committees for that candidate's opponent, as reported under s. 11.12 (6) (c), exceeds 10 percent of the amount specified under s. 11.31 (1) (a) to (d), (e), or (f), for the office that the eligible candidate seeks as adjusted under s. 11.31 (9), then the board shall make an additional grant to the eligible candidate in an amount equal to that sum but not more than, together with any additional grant provided under par. (ba), an amount equal to 3 times the amount specified in s. 11.31 (1) (a) to (d), (e) or (f) for the office that the eligible candidate seeks, as adjusted under s. 11.31 (9).

SB221, s. 145 Section 145. 11.50 (11) (e) of the statutes is amended to read:

SB221,68,20 11.50 (11) (e) No candidate may expend, authorize the expenditure of or incur any obligation to expend any grant if he or she violates the pledge required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h) or (i).

SB221, s. 146 Section 146. 11.50 (13) of the statutes is amended to read:

SB221,68,23 11.50 (13) Donations to fund. Any committee or other person may make an unrestricted contribution to the general account of the fund by gift, bequest or devise.

SB221, s. 147 Section 147. 11.50 (14) of the statutes is created to read:

SB221,69,2 11.50 (14) Certifications to secretary of revenue. (a) In each even-numbered year, the board shall certify to the secretary of revenue:

SB221,69,6 1. No later than July 1, the name of each political party that qualifies under sub. (1) (am) 1. as an eligible political party as of the preceding June 1 and whose state chairperson has filed a written request to establish an account for the party under sub. (2s) (a).

SB221,69,10 2. No later than December 15, the name of each political party that qualifies under sub. (1) (am) 2. as an eligible political party as of the date of the preceding general election and whose state chairperson has filed a written request to establish an account for the party under sub. (2s) (a).

SB221,69,12 (b) In each certification under this subsection, the board shall specify the expiration date of the certification.

SB221, s. 148 Section 148. 11.501 to 11.522 of the statutes are created to read:

SB221,69,14 11.501 Democracy trust fund; definitions. In ss. 11.501 to 11.522:

SB221,69,16 (1) "Allowable contribution" means a qualifying contribution, seed money contribution, or personal contribution authorized under ss. 11.502 to 11.522.

SB221,69,17 (2) "Campaign" has the meaning given in s. 11.26 (17).

SB221,69,20 (3) "Election campaign period" means the period beginning on the day after the spring primary election or the day on which a primary election would be held, if required, and ending on the day of the succeeding spring election.

SB221,70,2 (4) "Eligible candidate" means a candidate for the office of justice who has an opponent who has qualified to have his or her name certified for placement on the ballot at the spring primary or election and who qualifies for a public financing benefit by collecting the required number of qualifying contributions, making all required reports and disclosures, and being certified by the board as being in compliance with ss. 11.502 to 11.522.

SB221,70,5 (5) "Excess disbursement amount" means the amount of disbursements made by a nonparticipating candidate in excess of the public financing benefit available to an eligible candidate for the same office that the nonparticipating candidate seeks.

SB221,70,8 (6) "Excess qualifying contribution amount" means the amount of qualifying contributions accepted by a candidate beyond the number or dollar amount of contributions required to qualify a candidate for a public financing benefit.

SB221,70,11 (7) "Exploratory period" means the period that begins after the date of a spring election and ends on the first day of the public financing qualifying period for the next election for justice.