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:
SB221,65,222
11.50
(2s) Political party accounts. (a) There is established a political party
23account for each eligible political party whose state chairperson files a written
24request with the board to establish an account for the party under this subsection.
1Each political party account consists of all moneys designated by individuals for
2deposit in that account under s. 71.10 (3) (a).
SB221,65,133
(b) From the account of each eligible political party, the board shall apportion
4moneys to eligible candidates representing that party who qualify to receive grants.
5If at any election there are insufficient moneys in the account of any eligible political
6party to make full payment of all grants for which candidates of that political party
7qualify, the board shall apportion the available moneys in the account to candidates
8of the political party in the proportion that the available moneys bear to the total
9amount required to make full payment of all grants payable to candidates of that
10political party. If any candidate of a political party qualifies to receive a
11supplemental grant under sub. (9) (ba) or (bb) the board shall first make payment
12of the supplemental grant from the account of that political party using the method
13of apportionment provided in this paragraph if necessary.
SB221,65,1614
(c) If a political party for which an account is established under this subsection
15ceases to be an eligible political party, the board shall transfer the unencumbered
16balance of that account to the general account.
SB221, s. 134
17Section
134. 11.50 (2w) of the statutes is created to read:
SB221,65,2018
11.50
(2w) General account. There is established a general account within
19the fund consisting of all moneys in the fund not designated by individuals for deposit
20in a political party account under s. 71.10 (3) (a).
SB221, s. 135
21Section
135. 11.50 (3) of the statutes is repealed.
SB221, s. 136
22Section
136. 11.50 (4) of the statutes is repealed.
SB221, s. 137
23Section
137. 11.50 (4e) of the statutes is created to read:
SB221,66,624
11.50
(4e) Payment of grant amounts. The state treasurer shall make payment
25of each grant to an eligible candidate from the political party account of that
1candidate's political party, if any, if there are sufficient moneys in that account to
2make full payment of the grant, and then from the general account. If there are
3insufficient moneys in the general account to make full payment of a grant, the state
4treasurer shall supplement the general account from the appropriation under s.
520.855 (4) (ba) in an amount sufficient to make full payment of the grant. Except as
6provided in sub. (10), the amount of each grant is the amount specified in sub. (9).
SB221, s. 138
7Section
138. 11.50 (5) (title) of the statutes is amended to read:
SB221,66,88
11.50
(5) (title)
Time of disbursement grant payments.
SB221, s. 139
9Section
139. 11.50 (5) of the statutes is renumbered 11.50 (5) (a) and amended
10to read:
SB221,66,1511
11.50
(5) (a)
The Except as provided in par. (b), the state treasurer shall make
12the disbursements to the campaign depository account of each eligible candidate
13under subs. (3) and (4) by the end of the 3rd business day following notice from the
14board under s. 7.08 (2) (c) or (cm).
Eligible candidates for governor and lieutenant
15governor of the same political party may combine accounts if desired.
SB221, s. 140
16Section
140. 11.50 (5) (b) and (c) of the statutes are created to read:
SB221,66,2217
11.50
(5) (b) If an eligible candidate notifies the state treasurer of the
18information required to make electronic transfers to the candidate's campaign
19depository account, the state treasurer shall transfer to the campaign depository
20account of that candidate any grant payment that becomes payable to the candidate
21under sub. (9) as soon as possible following notice from the board under s. 7.08 (2)
22(c) or (cm), but no later than the time specified in par. (a).
SB221,66,2423
(c) Eligible candidates for governor and lieutenant governor of the same
24political party may combine campaign depository accounts if desired.
SB221, s. 141
25Section
141. 11.50 (6) of the statutes is amended to read:
SB221,67,5
111.50
(6) Excess moneys. If the
amounts which are to be apportioned to each 2amount that is payable to any eligible candidate under
subs. (3) and (4) are this
3section is more than the amount which a candidate may accept under sub. (9), or
4more than the amount
which that a candidate elects to accept under sub. (10), the
5excess moneys shall be retained in the fund.
SB221, s. 142
6Section
142. 11.50 (9) (title) of the statutes is amended to read:
SB221,67,77
11.50
(9) (title)
Limitation on Amount of grants.
SB221, s. 143
8Section
143. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended
9to read:
SB221,67,1910
11.50
(9) (a)
The Except as provided in this paragraph and pars. (ba) and (bb),
11the total grant available to an eligible candidate may not exceed that amount which,
12when added to all other contributions accepted from sources other than individuals
, 13and political party committees
and legislative campaign committees, is equal to
45 1435 percent of the disbursement level specified for the
applicable office
that the
15candidate seeks, as determined under s. 11.31
(1) and adjusted as provided under s.
1611.31 (9). The board shall scrutinize accounts and reports and records kept under
17this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are
18not exceeded and any violation is reported. No candidate or campaign treasurer may
19accept grants exceeding the amount authorized by this subsection.
SB221, s. 144
20Section
144. 11.50 (9) (ba) and (bb) of the statutes are created to read:
SB221,68,621
11.50
(9) (ba) If an eligible candidate at a primary or election, or both, who
22accepts a grant is opposed by one or more candidates who are required, or whose
23personal campaign committees are required, to file a report under s. 11.12 (8), then
24the board shall make an additional grant to the eligible candidate who accepts a
25grant in an amount equal to the total amount or value of disbursements, as reported
1under s. 11.12 (8), made by the opposing candidate or candidates exceeding the
2amount specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office which the
3candidate seeks, as adjusted under s. 11.31 (9), but not more than, together with any
4additional grant provided under par. (bb), an amount equal to 3 times the amount
5specified in s. 11.31 (1) (a) to (d), (e), or (f) for the office that the eligible candidate
6seeks, as adjusted under s. 11.31 (9).
SB221,68,157
(bb) If the sum of the aggregate disbursements made by committees against an
8eligible candidate and the aggregate disbursements made by committees for that
9candidate's opponent, as reported under s. 11.12 (6) (c), exceeds 10 percent of the
10amount specified under s. 11.31 (1) (a) to (d), (e), or (f), for the office that the eligible
11candidate seeks as adjusted under s. 11.31 (9), then the board shall make an
12additional grant to the eligible candidate in an amount equal to that sum but not
13more than, together with any additional grant provided under par. (ba), an amount
14equal to 3 times the amount specified in s. 11.31 (1) (a) to (d), (e) or (f) for the office
15that the eligible candidate seeks, as adjusted under s. 11.31 (9).
SB221, s. 145
16Section
145. 11.50 (11) (e) of the statutes is amended to read:
SB221,68,2017
11.50
(11) (e) No candidate may expend, authorize the expenditure of or incur
18any obligation to expend any grant if he or she violates the pledge required under
19sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h)
20or (i).
SB221, s. 146
21Section
146. 11.50 (13) of the statutes is amended to read:
SB221,68,2322
11.50
(13) Donations to fund. Any committee or other person may make an
23unrestricted contribution to the
general account of the fund by gift, bequest or devise.
SB221, s. 147
24Section
147. 11.50 (14) of the statutes is created to read:
SB221,69,2
111.50
(14) Certifications to secretary of revenue. (a) In each
2even-numbered year, the board shall certify to the secretary of revenue:
SB221,69,63
1. No later than July 1, the name of each political party that qualifies under
4sub. (1) (am) 1. as an eligible political party as of the preceding June 1 and whose
5state chairperson has filed a written request to establish an account for the party
6under sub. (2s) (a).
SB221,69,107
2. No later than December 15, the name of each political party that qualifies
8under sub. (1) (am) 2. as an eligible political party as of the date of the preceding
9general election and whose state chairperson has filed a written request to establish
10an account for the party under sub. (2s) (a).
SB221,69,1211
(b) In each certification under this subsection, the board shall specify the
12expiration date of the certification.
SB221, s. 148
13Section
148. 11.501 to 11.522 of the statutes are created to read:
SB221,69,14
1411.501 Democracy trust fund; definitions. In ss. 11.501 to 11.522:
SB221,69,16
15(1) "Allowable contribution" means a qualifying contribution, seed money
16contribution, or personal contribution authorized under ss. 11.502 to 11.522.
SB221,69,17
17(2) "Campaign" has the meaning given in s. 11.26 (17).
SB221,69,20
18(3) "Election campaign period" means the period beginning on the day after the
19spring primary election or the day on which a primary election would be held, if
20required, and ending on the day of the succeeding spring election.
SB221,70,2
21(4) "Eligible candidate" means a candidate for the office of justice who has an
22opponent who has qualified to have his or her name certified for placement on the
23ballot at the spring primary or election and who qualifies for a public financing
24benefit by collecting the required number of qualifying contributions, making all
1required reports and disclosures, and being certified by the board as being in
2compliance with ss. 11.502 to 11.522.
SB221,70,5
3(5) "Excess disbursement amount" means the amount of disbursements made
4by a nonparticipating candidate in excess of the public financing benefit available to
5an eligible candidate for the same office that the nonparticipating candidate seeks.
SB221,70,8
6(6) "Excess qualifying contribution amount" means the amount of qualifying
7contributions accepted by a candidate beyond the number or dollar amount of
8contributions required to qualify a candidate for a public financing benefit.
SB221,70,11
9(7) "Exploratory period" means the period that begins after the date of a spring
10election and ends on the first day of the public financing qualifying period for the next
11election for justice.
SB221,70,13
12(9) "Immediate family," when used with reference to a candidate, includes the
13candidate's spouse and children.
SB221,70,18
14(10) "Independent disbursement" means a disbursement by a person expressly
15advocating the election or defeat of a clearly identified candidate which is made
16without cooperation or consultation with a candidate, or any authorized committee
17or agent of a candidate, and which is not made in concert with, or at the request or
18suggestion of, any candidate, or any authorized committee or agent of a candidate.
SB221,70,21
19(11) "Nonparticipating candidate" means a candidate for the office of justice
20who does not apply for a public financing benefit or who is otherwise ineligible or fails
21to qualify for a public financing benefit under ss. 11.502 to 11.522.
SB221,70,23
22(12) "Personal funds" means funds contributed by a candidate or a member of
23a candidate's immediate family.
SB221,71,2
24(13) "Primary election campaign period" means the period beginning on the
25day after the last day prescribed by law for filing nomination papers for that office
1and ending on the day of the spring primary election for that office or the day on
2which the primary election would be held, if required.
SB221,71,4
3(14) "Public financing benefit" means a benefit provided to an eligible
4candidate under ss. 11.501 to 11.522.
SB221,71,7
5(15) "Public financing qualifying period" means the period beginning on the
6first day of July of any year and ending on the day before the beginning of the primary
7election campaign period for that office.
SB221,71,11
8(16) "Qualifying contribution" means a contribution in an amount of not less
9than $5 nor more than $100 made to a candidate by an elector of this state during
10the public financing qualifying period, which is acknowledged by written receipt
11identifying the contributor.
SB221,71,17
12(17) "Seed money contribution" means a contribution in an amount of not more
13than $100 made to a candidate by an elector of this state during the exploratory
14period or the public financing qualifying period, or a contribution made to a
15candidate consisting of personal funds of that candidate in an amount not more than
16the amount authorized under s. 11.507 during the exploratory period or the public
17financing qualifying period.
SB221,72,2
1811.502 Qualification; certification.
(1) Before a candidate for justice in the
19primary election may be certified as an eligible candidate to receive a public
20financing benefit for the primary election campaign period, the candidate shall apply
21to the board for a public financing benefit and file a sworn statement that the
22candidate has complied and will comply with all requirements of this section and ss.
2311.503 to 11.522 throughout the applicable campaign, which includes the primary
24and election for that office. A candidate shall file the application and statement no
1later than the beginning of the primary election campaign period for the office that
2the candidate seeks.
SB221,72,7
3(2) A candidate shall be certified by the board as an eligible candidate for
4receipt of a public financing benefit for a primary election if the candidate complies
5with sub. (1) and receives qualifying contributions from at least 1,000 separate
6contributors in an aggregate amount of not less than $5,000 nor more than $15,000
7before the close of the public financing qualifying period.
SB221,72,10
8(3) The board shall verify a candidate's compliance with the requirements of
9sub. (2) by such verification and sampling techniques as the board considers
10appropriate.
SB221,72,11
11(4) Each candidate shall:
SB221,72,1312
(a) Acknowledge each qualifying contribution by a receipt to the contributor
13which contains the contributor's name and home address.
SB221,72,1714
(b) No later than the 15th or the last day of the month which immediately
15follows the date of receipt of a qualifying contribution, whichever comes first, file a
16copy of the receipt under par. (a) with the board, except that during July, August, and
17September a copy need only be filed by the last day of the month.
SB221,72,19
18(5) A qualifying contribution may be utilized only for the purpose of making
19a disbursement authorized by law.