SB221: Bill Text

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.

SB221,70,13 (9) "Immediate family," when used with reference to a candidate, includes the candidate's spouse and children.

SB221,70,18 (10) "Independent disbursement" means a disbursement by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with a candidate, or any authorized committee or agent of a candidate, and which is not made in concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent of a candidate.

SB221,70,21 (11) "Nonparticipating candidate" means a candidate for the office of justice who does not apply for a public financing benefit or who is otherwise ineligible or fails to qualify for a public financing benefit under ss. 11.502 to 11.522.

SB221,70,23 (12) "Personal funds" means funds contributed by a candidate or a member of a candidate's immediate family.

SB221,71,2 (13) "Primary election campaign period" means the period beginning on the day after the last day prescribed by law for filing nomination papers for that office and ending on the day of the spring primary election for that office or the day on which the primary election would be held, if required.

SB221,71,4 (14) "Public financing benefit" means a benefit provided to an eligible candidate under ss. 11.501 to 11.522.

SB221,71,7 (15) "Public financing qualifying period" means the period beginning on the first day of July of any year and ending on the day before the beginning of the primary election campaign period for that office.

SB221,71,11 (16) "Qualifying contribution" means a contribution in an amount of not less than $5 nor more than $100 made to a candidate by an elector of this state during the public financing qualifying period, which is acknowledged by written receipt identifying the contributor.

SB221,71,17 (17) "Seed money contribution" means a contribution in an amount of not more than $100 made to a candidate by an elector of this state during the exploratory period or the public financing qualifying period, or a contribution made to a candidate consisting of personal funds of that candidate in an amount not more than the amount authorized under s. 11.507 during the exploratory period or the public financing qualifying period.

SB221,72,2 11.502 Qualification; certification. (1) Before a candidate for justice in the primary election may be certified as an eligible candidate to receive a public financing benefit for the primary election campaign period, the candidate shall apply to the board for a public financing benefit and file a sworn statement that the candidate has complied and will comply with all requirements of this section and ss. 11.503 to 11.522 throughout the applicable campaign, which includes the primary and election for that office. A candidate shall file the application and statement no later than the beginning of the primary election campaign period for the office that the candidate seeks.

SB221,72,7 (2) A candidate shall be certified by the board as an eligible candidate for receipt of a public financing benefit for a primary election if the candidate complies with sub. (1) and receives qualifying contributions from at least 1,000 separate contributors in an aggregate amount of not less than $5,000 nor more than $15,000 before the close of the public financing qualifying period.

SB221,72,10 (3) The board shall verify a candidate's compliance with the requirements of sub. (2) by such verification and sampling techniques as the board considers appropriate.

SB221,72,11 (4) Each candidate shall:

SB221,72,13 (a) Acknowledge each qualifying contribution by a receipt to the contributor which contains the contributor's name and home address.

SB221,72,17 (b) No later than the 15th or the last day of the month which immediately follows the date of receipt of a qualifying contribution, whichever comes first, file a copy of the receipt under par. (a) with the board, except that during July, August, and September a copy need only be filed by the last day of the month.

SB221,72,19 (5) A qualifying contribution may be utilized only for the purpose of making a disbursement authorized by law.

SB221,73,2 11.503 Time of application. (1) Before a candidate may be certified as eligible for receipt of a public financing benefit for the spring election, the candidate shall apply to the board and file a sworn statement that the candidate has fulfilled all the requirements of ss. 11.502 to 11.522 during the primary election campaign period and will comply with such requirements during the election campaign period. Except as authorized in s. 8.35 (4) (b), the application shall be filed no later than the 7th day after the date of the spring primary or the day on which the primary election would be held if a primary were required.

SB221,73,6 (2) The board shall certify a candidate as an eligible candidate for receipt of a public financing benefit for the spring election if the candidate complies with sub. (1) and the candidate was an eligible candidate during the primary election campaign period.

SB221,73,14 11.505 Agreement by candidate. An eligible candidate who accepts a public financing benefit under ss. 11.502 to 11.522 during the primary election campaign period shall agree to comply with all requirements of ss. 11.502 to 11.522 throughout the election campaign period during the same campaign as a precondition to receipt of a public financing benefit. An eligible candidate who accepts a public financing benefit during a primary election campaign period may not elect to accept private contributions in violation of ss. 11.502 to 11.522 during the corresponding election campaign period.

SB221,73,18 11.506 Requirements imposed upon candidates. (1) An eligible candidate shall not accept private contributions other than seed money contributions and qualifying contributions that the candidate accepts during the exploratory period and the public financing qualifying period.

SB221,74,2 (2) In addition to reports required to be filed under ss. 11.12 (5) and 11.20, a candidate who receives a public financing benefit shall furnish complete financial records, including records of seed money contributions, qualifying contributions, and disbursements, to the board on the 15th or the last day of the month that immediately follows the receipt of the contribution or the making of the disbursement, whichever comes first, except that during July, August, and September records need only be furnished by the last day of the month. Each such candidate shall cooperate with any audit or examination by the board.

SB221,74,11 (3) In addition to adhering to requirements imposed under ss. 11.06 (5) and 11.12 (3), a candidate who receives a public financing benefit shall maintain records of all contributions received by the candidate of more than $5 but less than $50, including seed money contributions and qualifying contributions, which shall contain the full name of the contributor and the contributor's full home address. In addition, if a contributor's aggregate contributions to any candidate exceed $50 for any campaign, the candidate shall also maintain a record of the contributor's principal occupation and the name and business address of the contributor's place of employment.

SB221,74,14 (4) The failure to record or provide the information specified in sub. (3) disqualifies a contribution from being used by a candidate as a qualifying contribution.

SB221,74,17 (5) No eligible candidate and no person acting on a candidate's behalf may deposit any contribution that is not recorded in accordance with sub. (3) in a candidate's campaign depository account.

SB221,74,21 (6) No eligible candidate may accept more than $25 in cash from any contributor. No eligible candidate may accept cash from all sources in a total amount greater than one-tenth of 1 percent of the public financing benefit for the office that the candidate seeks or $500, whichever is greater.

SB221,74,24 11.507 Personal funds of candidates. (1) The personal funds of a candidate contributed as seed money contributions may not exceed an aggregate amount of $5,000.

SB221,75,2 (2) No eligible candidate may make any disbursement derived from personal funds after the close of the public financing qualifying period.

SB221,75,9 11.508 Seed money contributions. (1) An eligible candidate may accept seed money contributions from any individual or committee prior to the end of the public financing qualifying period, provided the total contributions received from one contributor, except personal funds and qualifying contributions otherwise permitted under ss. 11.502 to 11.522, do not exceed $100, and the aggregate contributions, including personal funds, but not including qualifying contributions, do not exceed $5,000.

SB221,75,12 (2) An eligible candidate may make disbursements derived from seed money contributions only during the exploratory period and the public financing qualifying period.

SB221,75,21 11.509 Excess contributions. If an eligible candidate receives excess seed money contributions or qualifying contributions on an aggregate basis, the candidate may retain the contributions and make disbursements derived from the contributions, in an amount not exceeding $15,000. An amount equivalent to the excess contributions shall be deducted by the board from the candidate's public financing benefit. An eligible candidate shall transfer to the board all seed money and qualifying contributions that exceed the limits prescribed in this section within 48 hours after the end of the exploratory period. The board shall deposit all contributions transferred under this section in the democracy trust fund.

SB221,76,3 11.51 Certification by candidate. (1) To apply for a public financing benefit, a candidate shall certify to the board that the candidate has complied and will comply, throughout the applicable campaign, with all requirements of ss. 11.502 to 11.522 and that all disclosures required as of the time of application have been made, and shall present evidence of the requisite number of qualifying contributions received by the candidate. The candidate's request for certification shall be signed by the candidate and the candidate's campaign treasurer.

SB221,76,9 (2) The board shall distribute to each eligible candidate at the spring primary election a check for the amount of the public financing benefit payable to the candidate promptly after the candidate demonstrates his or her eligibility and, in any event, not later than 5 days after the end of the public financing qualifying period; however, no candidate may utilize a check received under this subsection until the beginning of the primary election campaign period.

SB221,76,16 (3) The board shall distribute to each eligible candidate for justice at a spring election a check for the amount of the public financing benefit payable to the candidate not later than 48 hours after the date of the spring primary election for the office of justice, or the date that the primary election would be held if a primary were required. However, no candidate for a particular office shall receive a check until all candidates for the office of justice who apply and qualify for a public financing benefit have been certified as eligible candidates.

SB221,76,20 (4) If any candidate who receives a public financing benefit violates the requirements of ss. 11.502 to 11.522, the board shall require the candidate to repay all public funds received by the candidate to the board. The board shall deposit all repayments received under this subsection in the democracy trust fund.

SB221,77,5 11.511 Public financing benefits. (1) The board shall provide to each eligible candidate who qualifies to receive a public financing benefit for the primary or election campaign period separate checks for the public financing benefits payable to the candidate for the primary and election campaign periods in the amounts specified in this section, subject to any required adjustment under s. 11.509, 11.512 (2) or 11.513 (2). An eligible candidate may use this public financing benefit to finance any lawful disbursements during the primary and election campaign periods to further the election of the candidate in that primary or election. An eligible candidate shall not use this public financing benefit to repay any loan, or in violation of ss. 11.502 to 11.522 or any other applicable law.

SB221,77,7 (2) Except as provided in ss. 11.512 (2) and 11.513 (2), the public financing benefit for a primary election campaign period is $100,000.

SB221,77,9 (3) Except as provided in ss. 11.512 (2) and 11.513 (2), the public financing benefit for an election campaign period is $300,000.

SB221,77,11 (4) If there is no spring primary for the office of justice, no eligible candidate may receive a public financing benefit for the primary election campaign period.

SB221,77,16 (5g) An eligible candidate who receives a public financing benefit in the primary election campaign period and whose name is certified to appear on the ballot at the election following that primary may utilize any unencumbered balance of the public financing benefit received by the candidate in the primary election campaign period for the election campaign period.

SB221,77,21 (5r) Except as permitted in sub. (5g), an eligible candidate who receives a public financing benefit and who does not encumber or expend some portion of the benefit for a purpose described in sub. (1) shall return any unencumbered portion of the benefit to the board within 30 days after the primary or election in which the candidate participates.

SB221,78,2 (6) Notwithstanding subs. (2) and (3), beginning on July 1, 2012, and every 2 years thereafter, the board shall modify the public financing benefits provided for in subs. (2) and (3) to adjust for the change in the consumer price index, all items, U.S. city average, published by the U.S. department of labor for the preceding 2-year period ending on December 31.

SB221,78,24 11.512 Financial activity by nonparticipating candidates. (1) In addition to other reports required by law, a nonparticipating candidate for an office at a primary or election who receives contributions or makes or obligates to make disbursements in an amount that is more than 5 percent greater than the public financing benefit applicable to an eligible candidate for the same office at the same primary or election shall file a report with the board itemizing the total contributions received and disbursements made or obligated to be made by the candidate as of the date of the report. The board shall transmit copies of the report to all candidates for the same office at the same election. A nonparticipating candidate shall file additional reports after the candidate receives each additional $1,000 of contributions, or the candidate makes or obligates to make each additional $1,000 of disbursements. If such contributions are received or such disbursements are made or obligated to be made more than 6 weeks prior to the date of the primary election at which the name of the candidate appears on the ballot, or prior to the date that the primary election would be held, if a primary were required, the reports shall be made at the next regular reporting interval under s. 11.506. If such contributions are received or such disbursements made or obligated to be made within 6 weeks prior to the date of the primary election at which the name of the candidate appears on the ballot, or within 6 weeks prior to the date that the primary election would be held, if a primary were required, the reports shall be made within 24 hours after each instance in which such contributions are received, or such disbursements are made or obligated to be made.

SB221,79,4 (2) Upon receipt of such information, the state treasurer shall immediately issue a check to an opposing eligible candidate in an additional amount equivalent to the total excess disbursements made or obligated to be made, but not to exceed 3 times the public financing benefit for the applicable office.

SB221,79,17 11.513 Independent disbursements. (1) If any person makes, or becomes obligated to make, by oral or written agreement, an independent disbursement in excess of $1,000 with respect to a candidate for the office of justice at a spring primary or election, that person shall file with the board a notice of the disbursement or obligation to make the disbursement. Any such person shall file reports of such disbursements or obligations to make such disbursements on the 15th or last day of the month that immediately follows the date of the disbursement or the obligation to make the disbursement, whichever comes first, except that, within 6 weeks prior to the date of the spring primary election, if a primary is held, and within 6 weeks prior to the date of the spring election, the person shall file such reports within 24 hours after each independent disbursement is made or obligated to be made. Any such person shall file an additional report after each additional $1,000 of disbursements are made or obligated to be made.

SB221,79,23 (2) When the aggregate independent disbursements against an eligible candidate for an office or for the opponents of that candidate exceed 120 percent of the public financing benefit for that office in any campaign, the board shall immediately credit that candidate's account with an additional line of credit equivalent to the total disbursements made or obligated to be made, but not to exceed 3 times the public financing benefit for the applicable office.

SB221,79,25 11.515 Democracy trust fund. The democracy trust fund shall be administered by the state treasurer.

SB221,80,3 11.516 Administration. Except as otherwise specifically provided in ss. 11.501 to 11.522, the duties of and authority for administering and enforcing ss. 11.501 to 11.522 are vested in the board.

SB221,80,9 11.517 Penalties; enforcement. (1) Notwithstanding s. 11.60 (1), if an eligible candidate makes disbursements that exceed the total amount of the public financing benefit allocated to the candidate for any campaign and the total qualifying and seed money contributions lawfully accepted by the candidate, the candidate may be required to forfeit not more than 10 times the amount by which the disbursements exceed the allocation.

SB221,80,13 (2) Notwithstanding s. 11.60 (1), any eligible candidate who accepts contributions in excess of any limitation imposed under ss. 11.502 to 11.522 may be required to forfeit not more than 10 times the amount by which the contributions exceed the applicable limitation.

SB221,80,21 (3) If the board finds that there is probable cause to believe that an eligible candidate has made excess disbursements or has accepted excess contributions contrary to sub. (1) or (2), the board shall attempt for a period of not more than 14 days after its finding to correct the matter by informal methods of conference and conciliation and to enter into a settlement and conciliation agreement under s. 5.05 (1) (c) with the person involved. A settlement and conciliation agreement made pursuant to this subsection shall be a matter of public record. Unless violated, a settlement and conciliation agreement is a bar to any civil action under sub. (4).

SB221,81,2 (4) If the board has probable cause to believe that an eligible candidate has made excess disbursements or has accepted excess contributions and the board is unable to correct the matter by informal methods within the time prescribed in sub. (3), the board shall make a public finding of probable cause in the matter. After making a public finding, the board may bring a civil action against the eligible candidate as provided in s. 5.05 (1) (c).

SB221,81,10 (5) If an elector believes that an eligible candidate has violated ss. 11.502 to 11.522 and the elector is entitled to vote for or against the eligible candidate in the election in connection with which the violation is alleged to occur, the elector may file a complaint with the board requesting it to take remedial action. If the board refuses to take remedial action or, within 30 days after the filing of such a complaint, fails to take remedial action, the elector may commence a civil action requesting the court to impose a forfeiture under sub. (1) or (2) in circuit court for the county where the board is authorized to bring an action under s. 5.05 (1) (c).

SB221,81,13 (6) The board and courts shall expedite all proceedings under ss. 11.502 to 11.522 so that all complaints brought prior to an election are resolved, to the extent possible, before the election is held.

SB221,81,17 (7) If a complaint brought under ss. 11.502 to 11.522 is resolved against the complainant and is found to have been brought in bad faith and without reasonable basis therefor, the board or court may assess costs, including reasonable attorney fees, against the complainant.

SB221,81,23 11.518 Prohibited acts. (1) Notwithstanding s. 11.61 (1) (c), if an eligible candidate or agent of a candidate knowingly accepts more contributions than the candidate is entitled to receive, or makes disbursements exceeding the total amount of the public financing benefit received by the candidate and the qualifying and seed money contributions lawfully received by the candidate, the candidate or agent is guilty of a Class G felony.

SB221,82,2 (2) Notwithstanding s. 11.61 (1) (c), if in connection with the receipt or disbursement of a public financing benefit for an election campaign, any person knowingly provides false information to the board, or knowingly conceals or withholds information from the board, that person is guilty of a Class G felony.

SB221,82,6 11.522 Contributions to nonparticipating candidates; attributions. (1) A nonparticipating candidate may accept contributions from private sources without limitation, except that no person may make any contribution or contributions to a nonparticipating candidate exceeding a total of $1,000 during any campaign.

SB221,82,11 (2) In addition to the attribution required under s. 11.30 (2), any electronic or print communication paid for or authorized by a nonparticipating candidate shall contain the following sentence: "This communication is paid for with money raised from private sources. This candidate has not agreed to abide by campaign contribution and spending limits."

SB221, s. 149 Section 149. 11.60 (3s) and (3u) of the statutes are created to read: