The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB221, s. 1
1Section
1. 5.02 (13) of the statutes is amended to read:
SB221,16,72
5.02
(13) "Political party" or "party" means a state committee registered under
3s. 11.05
and organized exclusively for political purposes under whose name
4candidates appear on a ballot at any election, and all county, congressional,
5legislative, local and other affiliated committees authorized to operate under the
6same name. For purposes of ch. 11, the term does not include
a legislative campaign
7committee or a committee filing an oath under s. 11.06 (7).
SB221, s. 2
8Section
2. 7.08 (2) (c) and (cm) of the statutes are amended to read:
SB221,17,79
7.08
(2) (c) As soon as possible after the canvass of the spring and September
10primary votes, but no later than the first Tuesday in March and the 4th Tuesday in
11September, transmit to the state treasurer a certified list of all eligible candidates
12for state office who have filed applications under s. 11.50 (2) and whom the board
1determines
to be are eligible to receive
payments grants from the Wisconsin election
2campaign fund. The
board shall also electronically transmit a similar list containing
3the name of each candidate whom the board determines is eligible to receive a grant
4under s. 11.50 (9) (ba) or (bb) within 24 hours after the candidate qualifies to receive
5such a grant. Each list shall contain each candidate's name, the mailing address
6indicated upon the candidate's registration form, the office for which the individual
7is a candidate and the party or principle which he or she represents, if any.
SB221,17,218
(cm) As soon as possible after the canvass of a special primary, or the date that
9the primary would be held, if required, transmit to the state treasurer a certified list
10of all eligible candidates for state office who have filed applications under s. 11.50 (2)
11and whom the board determines to be eligible to receive
a grant grants from the
12Wisconsin election campaign fund prior to the election. The board shall also transmit
13a similar list of candidates, if any, who have filed applications under s. 11.50 (2) and
14whom the board determines to be eligible to receive
a grant grants under s. 11.50 (1)
15(a)
2. 1. b. after the special election. The
board shall electronically transmit a similar
16list containing the name of each candidate whom the board determines is eligible to
17receive a grant under s. 11.50 (9) (ba) or (bb) within 24 hours after the candidate
18qualifies to receive such a grant. Each list shall contain each candidate's name, the
19mailing address indicated upon the candidate's registration form, the office for which
20the individual is a candidate and the party or principle which he or she represents,
21if any.
SB221, s. 3
22Section
3. 7.08 (2) (cs) of the statutes is created to read:
SB221,17,2523
7.08
(2) (cs) In each even-numbered year, certify to the state treasurer for the
24period beginning with the month following certification and ending with the month
25in which the next certification is made by the board:
SB221,18,4
11. No later than July 1, the name of each political party that qualifies under
2s. 11.50 (1) (am) 1. as an eligible political party as of the preceding June 1 and whose
3state chairperson has filed a written request to establish an account for the party
4under s. 11.50 (2s) (a).
SB221,18,85
2. No later than December 15, the name of each political party that qualifies
6under s. 11.50 (1) (am) 2. as an eligible political party as of the date of the preceding
7general election and whose state chairperson has filed a written request to establish
8an account for the party under s. 11.50 (2s) (a).
SB221, s. 4
9Section
4. 8.30 (2) of the statutes is amended to read:
SB221,18,1710
8.30
(2) If no registration statement has been filed by or on behalf of a candidate
11for state or local office in accordance with s. 11.05 (2g)
or (2r) by the applicable
12deadline for filing nomination papers by
such the candidate, or the deadline for filing
13a declaration of candidacy for an office for which nomination papers are not filed, the
14name of the candidate may not appear on the ballot. This subsection may not be
15construed to exempt
a candidate an individual from applicable penalties if
the
16individual is a candidate, as defined in s. 11.01 (1), and he or she files a registration
17statement later than the time prescribed in
ss. 11.01 (1) and s. 11.05 (2g).
SB221, s. 5
18Section
5. 8.35 (4) (a) 1. a. and b. of the statutes are amended to read:
SB221,19,219
8.35
(4) (a) 1. a.
Donated to the former candidate's local or state political party
20if If the former candidate was a partisan candidate
or, donated to the former
21candidate's local or state political party, donated to
the a charitable organization
of
22the former candidate's choice or the charitable organization chosen
, or transferred
23to the board for deposit in the Wisconsin election campaign fund, as instructed by the
24former candidate or, if the candidate left no instruction, as instructed by the former
1candidate's next of kin
if the former candidate is deceased, or if no choice is made
2returned to the donors on a proportional basis; or
SB221,19,83
b. If the former candidate was a nonpartisan candidate, donated to
the a 4charitable organization
of the former candidate's choice or the or the charitable
5organization chosen or transferred to the board for deposit in the Wisconsin election
6campaign fund, as instructed by the former candidate or, if the candidate left no
7instruction, as instructed by the former candidate's next of kin
if the former
8candidate is deceased; or
SB221, s. 6
9Section
6. 8.35 (4) (b) of the statutes is amended to read:
SB221,19,2310
8.35
(4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys
11received by a candidate from the Wisconsin election campaign fund shall be
12immediately transferred to any candidate who is appointed to replace such
13candidate, upon filing of a proper application therefor under s. 11.50 (2). If there is
14no candidate appointed or if no proper application is filed within 7 days of the date
15on which the vacancy occurs, such moneys shall revert to the state as provided in s.
1611.50 (8).
Notwithstanding par. (a), any unspent and unencumbered moneys
17received by a candidate from the democracy trust fund shall be immediately
18transferred to any candidate who is appointed to replace that candidate upon filing
19of a proper application therefor under s. 11.502 (1). For purposes of qualification,
20contributions received and disbursements made by the former candidate are
21considered to have been received or made by the replacement candidate. If there is
22no candidate appointed or if no proper application is filed within 7 days of the date
23on which a vacancy occurs, the moneys shall revert to the state.
SB221, s. 7
24Section
7. 8.35 (4) (c) and (d) of the statutes are amended to read:
SB221,20,11
18.35
(4) (c) The transfer
to the replacement candidate under par. (b) shall be
2made and reported to the appropriate filing officer in a special report submitted
in
3a special report submitted by the former candidate's campaign treasurer. If the
4former candidate is deceased and was serving as his or her own campaign treasurer,
5the former candidate's petitioner or personal representative shall
file the report and 6make the transfer
required by par. (b), if any and file the report. The report shall
be
7made at the appropriate interval under s. 11.20 (2) or (4) or in the manner required
8under s. 11.21 (16), if applicable, and shall include a complete statement of all
9contributions, disbursements and incurred obligations pursuant to s. 11.06 (1)
10covering the period from the day after the last date covered on the former candidate's
11most recent report to the date of disposition.
SB221,20,1512
(d) The newly appointed candidate shall file his or her report at the next
13appropriate interval under s. 11.20 (2) or (4) after his or her appointment
or in the
14manner required under s. 11.21 (16), if applicable. The appointed candidate shall
15include any transferred
funds moneys in his or her first report.
SB221, s. 8
16Section
8. 11.001 (1m) of the statutes is created to read:
SB221,20,2317
11.001
(1m) The legislature finds and declares that the function of judges and
18justices, who must independently apply the law, is fundamentally distinct from that
19of elective legislative and executive branch officials who take positions on issues that
20are influenced by, and represent the will of, their constituencies. The legislature
21therefore finds that because it is improper for a mass communication to seek to
22persuade a judge or justice to take a position on an issue, any such communication
23should be deemed to have been made for a political purpose.
SB221, s. 9
24Section
9. 11.001 (2m) of the statutes is created to read:
SB221,21,8
111.001
(2m) The legislature finds a compelling justification for minimal
2disclosure of all communications made near the time of an election that include a
3reference to a clearly identified candidate at that election, an office to be filled at that
4election, or a political party in order to permit increased funding for candidates who
5are affected by those communications. The legislature finds that this minimal
6disclosure burden is outweighed by the need to establish an effective funding
7mechanism for affected candidates to effectively respond to communications that
8may impact an election.
SB221, s. 10
9Section
10. 11.01 (12s) of the statutes is repealed.
SB221, s. 11
10Section
11. 11.01 (12v) of the statutes is created to read:
SB221,21,1511
11.01
(12v) "Mass communication" means a message that is disseminated by
12means of one or more communications media, a mass electronic communication, a
13mass distribution, or a mass telephoning, but not including a bona fide poll
14conducted for the purpose of objectively identifying or collecting data concerning the
15attitudes or preferences of electors.
SB221, s. 12
16Section
12. 11.01 (12w) of the statutes is created to read:
SB221,21,1817
11.01
(12w) "Mass distribution" means the distribution of 50 or more pieces of
18substantially identical material.
SB221, s. 13
19Section
13. 11.01 (13) of the statutes is created to read:
SB221,21,2220
11.01
(13) "Mass electronic communication" means the transmission of 50 or
21more pieces of substantially identical material by means of electronic mail or
22facsimile transmission.
SB221, s. 14
23Section
14. 11.01 (14) of the statutes is created to read:
SB221,21,2524
11.01
(14) "Mass telephoning" means the making of 50 or more telephone calls
25conveying a substantially identical message.
SB221, s. 15
1Section
15. 11.01 (16) (a) 3. of the statutes is created to read:
SB221,22,72
11.01
(16) (a) 3. Except for purposes of s. 11.38 (1m), a mass communication,
3other than a communication that is exempt from reporting under s. 11.29, that is
4made during the period beginning on the 60th day preceding an election and ending
5on the date of that election, and that includes a reference to a candidate whose name
6is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that election,
7a reference to an office to be filled at that election, or a reference to a political party.
SB221, s. 16
8Section
16. 11.01 (16) (a) 4. of the statutes is created to read:
SB221,22,129
11.01
(16) (a) 4. A mass communication that refers to a judicial office and either
10focuses on and takes a position for or against a judicial candidate's position on an
11issue or takes a position on that judicial candidate's character, qualifications, or
12fitness for office.
SB221, s. 17
13Section
17. 11.01 (16) (b) of the statutes is renumbered 11.01 (16) (b) (intro.)
14and amended to read:
SB221,22,1615
11.01
(16) (b) (intro.) A "political purpose" does not include
expenditures any
16of the following:
SB221,22,19
171. An expenditure made for the purpose of supporting or defending a person
18who is being investigated for, charged with or convicted of a criminal violation of state
19or federal law, or an agent or dependent of such a person.
SB221, s. 18
20Section
18. 11.01 (16) (b) 2. of the statutes is created to read:
SB221,23,221
11.01
(16) (b) 2. Unless the communication is susceptible of no reasonable
22interpretation other than as an appeal to vote for or against a candidate whose name
23is certified to appear on a ballot at an election, a mass communication that either
24focuses on and takes a position on a legislative or executive issue and urges the public
1to adopt the position and to contact one or more public officials about the issue or
2proposes a commercial transaction and does not do any of the following:
SB221,23,33
a. Support or oppose a candidate's record on an issue.
SB221,23,54
b. Mention an election, a candidacy, an opposing candidate, a political party,
5or voting by the general public.
SB221,23,66
c. Take a position on a candidate's character, qualifications, or fitness for office.
SB221, s. 19
7Section
19. 11.01 (17g) and (17r) of the statutes are repealed.
SB221, s. 20
8Section
20. 11.05 (1) of the statutes is renumbered 11.05 (1) (a) and amended
9to read:
SB221,23,1710
11.05
(1) (a) Except as provided in s. 9.10 (2) (d), every committee
, other than
11a personal campaign committee,
and every political group subject to registration
12under s. 11.23 which that makes or accepts contributions, incurs obligations
, or
13makes disbursements in a calendar year in an aggregate amount in excess of $25
14shall file a statement with the appropriate filing officer giving the information
15required by sub. (3).
In the case of any committee other than a personal campaign
16committee, the The statement shall be filed by the treasurer. A personal campaign
17committee shall register under sub. (2g)
or (2r).
SB221, s. 21
18Section
21. 11.05 (1) (b) of the statutes is created to read:
SB221,23,2219
11.05
(1) (b) Every political group subject to registration under s. 11.23 that
20makes or accepts contributions, incurs obligations, or makes disbursements in a
21calendar year in an aggregate amount in excess of $100 shall file a statement with
22the appropriate filing officer giving the information required by sub. (3).
SB221, s. 22
23Section
22. 11.05 (2) of the statutes is renumbered 11.05 (2) (a) and amended
24to read:
SB221,24,8
111.05
(2) (a) Except as provided in s. 9.10 (2) (d), every individual, other than
2a candidate or agent of a candidate, who accepts contributions, incurs obligations,
3or makes disbursements
with respect to one or more elections for state or local office 4in a calendar year in an aggregate amount in excess of $25 shall file a statement with
5the appropriate filing officer giving the information required by sub. (3). An
6individual who guarantees a loan on which an individual, committee or group subject
7to a registration requirement defaults is not subject to registration under this
8subsection paragraph solely as a result of such default.
SB221, s. 23
9Section
23. 11.05 (2) (b) of the statutes is created to read:
SB221,24,1310
11.05
(2) (b) Every individual who accepts contributions, incurs obligations, or
11makes disbursements with respect to one or more referenda in a calendar year in an
12aggregate amount in excess of $100 shall file a statement with the appropriate filing
13officer giving the information required by sub. (3).
SB221, s. 24
14Section
24. 11.05 (2r) of the statutes is renumbered 11.06 (2m) (a) and
15amended to read:
SB221,25,1116
11.06
(2m) (a) Any person, committee or group, other than
a committee or an 17individual
or committee required to file an oath under
s. 11.06 (7) sub. (7), who or
18which does not anticipate accepting contributions, making disbursements
, or
19incurring obligations in an aggregate amount in excess of $1,000 in a calendar year
20and does not anticipate accepting any contribution or contributions from a single
21source, other than contributions made by a candidate to his or her own campaign,
22exceeding $100 in
that any calendar year may indicate on its registration statement
23that the person, committee
, or group will not accept contributions, incur obligations
, 24or make disbursements in the aggregate in excess of $1,000 in any calendar year and
25will not accept any contribution or contributions from a single source, other than
1contributions made by a candidate to his or her own campaign, exceeding $100 in
2such any calendar year. Any registrant making such an indication is not subject to
3any filing requirement if the statement is true. The registrant need not file a
4termination report. A registrant not making such an indication on a registration
5statement is subject to a filing requirement. The indication may be revoked and the
6registrant is then subject to a filing requirement as of the date of revocation, or the
7date that aggregate contributions, disbursements
, or obligations for the calendar
8year exceed $1,000, or the date on which the registrant accepts any contribution or
9contributions exceeding $100 from a single source, other than contributions made by
10a candidate to his or her own campaign, during
that
any calendar year, whichever
11is earlier.
If the revocation is not timely, the registrant violates s. 11.27 (1).
SB221, s. 25
12Section
25. 11.05 (3) (c) of the statutes is amended to read:
SB221,25,1613
11.05
(3) (c) In the case of a committee, a statement as to whether the
14committee is a personal campaign committee, a political party committee,
a
15legislative campaign committee, a support committee
, or a special interest
16committee.
SB221, s. 26
17Section
26. 11.05 (3) (m) of the statutes is created to read:
SB221,25,2018
11.05
(3) (m) In the case of a personal campaign committee, the name of the
19candidate on whose behalf the committee was formed or intends to operate and the
20office or offices that the candidate seeks.
SB221, s. 27
21Section
27. 11.05 (3) (o) of the statutes is repealed.
SB221, s. 28
22Section
28. 11.05 (3) (r) of the statutes is created to read:
SB221,25,2523
11.05
(3) (r) In the case of a candidate or personal campaign committee of a
24candidate, the telephone number or numbers and a facsimile transmission number
25or electronic mail address, if any, at which the candidate may be contacted.
SB221, s. 29
1Section
29. 11.05 (3) (s) of the statutes is created to read:
SB221,26,62
11.05
(3) (s) In the case of a registrant that has made a mass communication
3identified in s. 11.01 (16) (a) 3. or 4., a report containing the information specified in
4s. 11.06 (1) with respect to any obligation to make a disbursement incurred or any
5disbursement made for the purpose of making such a communication prior to
6registration.
SB221, s. 30
7Section
30. 11.05 (5) of the statutes is amended to read:
SB221,26,228
11.05
(5) Change of information. Any change in information previously
9submitted in a statement of registration shall be reported by the registrant to the
10appropriate filing officer within 10 days following the change. This period does not
11apply in case of change of an indication made under
sub. (2r) s. 11.06 (2m), which
12shall be reported no later than the date that a registrant is subject to a filing
13requirement under
sub. (2r) s. 11.06 (2m). Any such change may be reported only by
14the individual or by the officer who has succeeded to the position of an individual who
15signed the original statement; but in the case of a personal campaign committee, a
16candidate or campaign treasurer may report a change in the statement except as
17provided in s. 11.10 (2), and in the case of any other committee or group, the chief
18executive officer or treasurer indicated on the statement may report a change. If a
19preexisting support committee is adopted by a candidate as his or her personal
20campaign committee, the candidate shall file an amendment to the committee's
21statement under this subsection indicating that all information contained in the
22statement is true, correct and complete.
SB221, s. 31
23Section
31. 11.05 (5r) of the statutes is created to read:
SB221,27,224
11.05
(5r) Contribution prior to registration prohibited. (a) Except as
25provided in sub. (13), no person, committee, or group that is subject to a registration
1requirement may make any contribution prior to the date of registration under this
2section.
SB221,27,53
(b) No registrant may accept any contribution received from a person,
4committee, or group that is subject to a registration requirement prior to the date of
5registration of that person, committee, or group.
SB221, s. 32
6Section
32. 11.05 (9) (title) of the statutes is repealed and recreated to read:
SB221,27,77
11.05
(9) (title)
Deposit of contributions; conduits.
SB221, s. 33
8Section
33. 11.05 (9) (b) of the statutes is amended to read:
SB221,27,149
11.05
(9) (b) An individual who or a committee or group which receives a
10contribution of money and transfers the contribution to another individual,
11committee
, or group while acting as a conduit is not subject to registration under this
12section unless the individual, committee
, or group transfers the contribution to a
13candidate or a personal campaign,
legislative campaign, political party
, or support
14committee.
SB221, s. 34
15Section
34. 11.05 (12) (title) of the statutes is amended to read:
SB221,27,1616
11.05
(12) (title)
Time of registration; acceptance of unlawful contributions.
SB221, s. 35
17Section
35. 11.05 (12) (b) of the statutes is amended to read:
SB221,28,218
11.05
(12) (b) Except as authorized under sub. (13), a committee, group or
19individual other than a candidate or agent of a candidate shall comply with sub. (1)
20or (2) no later than the 5th business day commencing after receipt of the first
21contribution by such committee, group or individual, and before making any
22disbursement. No committee, group or individual, other than a candidate or agent
23of a candidate, may accept any contribution or contributions exceeding
$25 in the
24aggregate the amount specified in sub. (1) or (2) during a calendar year at any time
1when the committee, group or individual is not registered under this section except
2within the initial 5-day period authorized by this paragraph.
SB221, s. 36
3Section
36. 11.05 (13) of the statutes is amended to read:
SB221,28,104
11.05
(13) Bank account and postal box; exemption. An individual, committee
5or group does not violate this section by accepting a contribution and making a
6disbursement in the amount required to rent a postal box, or in the minimum amount
7required by a bank or trust company to open a checking account, prior to the time of
8registration, if the disbursement is properly reported on the first report submitted
9under s. 11.20
or 11.21 (16) after the date that the individual, committee or group is
10registered, whenever a reporting requirement applies to the registrant.
SB221, s. 37
11Section
37. 11.06 (1) (intro.) of the statutes is amended to read:
SB221,28,1812
11.06
(1) Contents of report. (intro.) Except as provided in subs. (2)
, (3) and
13(3m) and ss. 11.05 (2r) and (2m) and
s. 11.19 (2), each registrant under s. 11.05 shall
14make full reports, upon a form prescribed by the board and signed by the appropriate
15individual under sub. (5), of all contributions received, contributions or
16disbursements made, and obligations incurred. Each report shall contain the
17following information, covering the period since the last date covered on the previous
18report, unless otherwise provided:
SB221, s. 38
19Section
38. 11.06 (1) (e) of the statutes is amended to read:
SB221,28,2320
11.06
(1) (e) An itemized statement of contributions over $20 from a single
21source donated to a charitable organization or to the common school fund, with the
22full name and mailing address of the donee
, and a statement of contributions over
23$20 transferred to the board for deposit in the Wisconsin election campaign fund.
SB221, s. 39
24Section
39. 11.06 (2) of the statutes is amended to read:
SB221,29,11
111.06
(2) Disclosure of certain indirect disbursements. Notwithstanding
2sub. (1), if a disbursement is made or obligation incurred by an individual other than
3a candidate or by a committee or group which is not primarily organized for political
4purposes,
and the disbursement does not constitute a contribution to any candidate
5or other individual, committee
, or group,
and the disbursement is not made or the
6obligation is not incurred for the purpose of making a mass communication specified
7in s. 11.01 (16) (a) 3. or 4., the disbursement or obligation is required to be reported
8only if the purpose is to expressly advocate the election or defeat of a clearly identified
9candidate or the adoption or rejection of a referendum. The exemption provided by
10this subsection shall in no case be construed to apply to a political party,
legislative
11campaign, personal campaign or support committee.
SB221, s. 40
12Section
40. 11.06 (2m) (title) of the statutes is created to read:
SB221,29,1313
11.06
(2m) (title)
General reporting exemptions.
SB221, s. 41
14Section
41. 11.06 (2m) (b) to (d) of the statutes are created to read: