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.
SB221,73,2 2011.503 Time of application. (1) Before a candidate may be certified as
21eligible for receipt of a public financing benefit for the spring election, the candidate
22shall apply to the board and file a sworn statement that the candidate has fulfilled
23all the requirements of ss. 11.502 to 11.522 during the primary election campaign
24period and will comply with such requirements during the election campaign period.
25Except as authorized in s. 8.35 (4) (b), the application shall be filed no later than the

17th day after the date of the spring primary or the day on which the primary election
2would be held if a primary were required.
SB221,73,6 3(2) The board shall certify a candidate as an eligible candidate for receipt of a
4public financing benefit for the spring election if the candidate complies with sub. (1)
5and the candidate was an eligible candidate during the primary election campaign
6period.
SB221,73,14 711.505 Agreement by candidate. An eligible candidate who accepts a public
8financing benefit under ss. 11.502 to 11.522 during the primary election campaign
9period shall agree to comply with all requirements of ss. 11.502 to 11.522 throughout
10the election campaign period during the same campaign as a precondition to receipt
11of a public financing benefit. An eligible candidate who accepts a public financing
12benefit during a primary election campaign period may not elect to accept private
13contributions in violation of ss. 11.502 to 11.522 during the corresponding election
14campaign period.
SB221,73,18 1511.506 Requirements imposed upon candidates. (1) An eligible
16candidate shall not accept private contributions other than seed money
17contributions and qualifying contributions that the candidate accepts during the
18exploratory period and the public financing qualifying period.
SB221,74,2 19(2) In addition to reports required to be filed under ss. 11.12 (5) and 11.20, a
20candidate who receives a public financing benefit shall furnish complete financial
21records, including records of seed money contributions, qualifying contributions, and
22disbursements, to the board on the 15th or the last day of the month that
23immediately follows the receipt of the contribution or the making of the
24disbursement, whichever comes first, except that during July, August, and

1September records need only be furnished by the last day of the month. Each such
2candidate shall cooperate with any audit or examination by the board.
SB221,74,11 3(3) In addition to adhering to requirements imposed under ss. 11.06 (5) and
411.12 (3), a candidate who receives a public financing benefit shall maintain records
5of all contributions received by the candidate of more than $5 but less than $50,
6including seed money contributions and qualifying contributions, which shall
7contain the full name of the contributor and the contributor's full home address. In
8addition, if a contributor's aggregate contributions to any candidate exceed $50 for
9any campaign, the candidate shall also maintain a record of the contributor's
10principal occupation and the name and business address of the contributor's place
11of employment.
SB221,74,14 12(4) The failure to record or provide the information specified in sub. (3)
13disqualifies a contribution from being used by a candidate as a qualifying
14contribution.
SB221,74,17 15(5) No eligible candidate and no person acting on a candidate's behalf may
16deposit any contribution that is not recorded in accordance with sub. (3) in a
17candidate's campaign depository account.
SB221,74,21 18(6) No eligible candidate may accept more than $25 in cash from any
19contributor. No eligible candidate may accept cash from all sources in a total amount
20greater than one-tenth of 1 percent of the public financing benefit for the office that
21the candidate seeks or $500, whichever is greater.
SB221,74,24 2211.507 Personal funds of candidates. (1) The personal funds of a candidate
23contributed as seed money contributions may not exceed an aggregate amount of
24$5,000.
SB221,75,2
1(2) No eligible candidate may make any disbursement derived from personal
2funds after the close of the public financing qualifying period.
SB221,75,9 311.508 Seed money contributions. (1) An eligible candidate may accept
4seed money contributions from any individual or committee prior to the end of the
5public financing qualifying period, provided the total contributions received from one
6contributor, except personal funds and qualifying contributions otherwise permitted
7under ss. 11.502 to 11.522, do not exceed $100, and the aggregate contributions,
8including personal funds, but not including qualifying contributions, do not exceed
9$5,000.
SB221,75,12 10(2) An eligible candidate may make disbursements derived from seed money
11contributions only during the exploratory period and the public financing qualifying
12period.
SB221,75,21 1311.509 Excess contributions. If an eligible candidate receives excess seed
14money contributions or qualifying contributions on an aggregate basis, the
15candidate may retain the contributions and make disbursements derived from the
16contributions, in an amount not exceeding $15,000. An amount equivalent to the
17excess contributions shall be deducted by the board from the candidate's public
18financing benefit. An eligible candidate shall transfer to the board all seed money
19and qualifying contributions that exceed the limits prescribed in this section within
2048 hours after the end of the exploratory period. The board shall deposit all
21contributions transferred under this section in the democracy trust fund.
SB221,76,3 2211.51 Certification by candidate. (1) To apply for a public financing benefit,
23a candidate shall certify to the board that the candidate has complied and will
24comply, throughout the applicable campaign, with all requirements of ss. 11.502 to
2511.522 and that all disclosures required as of the time of application have been made,

1and shall present evidence of the requisite number of qualifying contributions
2received by the candidate. The candidate's request for certification shall be signed
3by the candidate and the candidate's campaign treasurer.
SB221,76,9 4(2) The board shall distribute to each eligible candidate at the spring primary
5election a check for the amount of the public financing benefit payable to the
6candidate promptly after the candidate demonstrates his or her eligibility and, in
7any event, not later than 5 days after the end of the public financing qualifying
8period; however, no candidate may utilize a check received under this subsection
9until the beginning of the primary election campaign period.
SB221,76,16 10(3) The board shall distribute to each eligible candidate for justice at a spring
11election a check for the amount of the public financing benefit payable to the
12candidate not later than 48 hours after the date of the spring primary election for the
13office of justice, or the date that the primary election would be held if a primary were
14required. However, no candidate for a particular office shall receive a check until all
15candidates for the office of justice who apply and qualify for a public financing benefit
16have been certified as eligible candidates.
SB221,76,20 17(4) If any candidate who receives a public financing benefit violates the
18requirements of ss. 11.502 to 11.522, the board shall require the candidate to repay
19all public funds received by the candidate to the board. The board shall deposit all
20repayments received under this subsection in the democracy trust fund.
SB221,77,5 2111.511 Public financing benefits. (1) The board shall provide to each
22eligible candidate who qualifies to receive a public financing benefit for the primary
23or election campaign period separate checks for the public financing benefits payable
24to the candidate for the primary and election campaign periods in the amounts
25specified in this section, subject to any required adjustment under s. 11.509, 11.512

1(2) or 11.513 (2). An eligible candidate may use this public financing benefit to
2finance any lawful disbursements during the primary and election campaign periods
3to further the election of the candidate in that primary or election. An eligible
4candidate shall not use this public financing benefit to repay any loan, or in violation
5of ss. 11.502 to 11.522 or any other applicable law.
SB221,77,7 6(2) Except as provided in ss. 11.512 (2) and 11.513 (2), the public financing
7benefit for a primary election campaign period is $100,000.
SB221,77,9 8(3) Except as provided in ss. 11.512 (2) and 11.513 (2), the public financing
9benefit for an election campaign period is $300,000.
SB221,77,11 10(4) If there is no spring primary for the office of justice, no eligible candidate
11may receive a public financing benefit for the primary election campaign period.
SB221,77,16 12(5g) An eligible candidate who receives a public financing benefit in the
13primary election campaign period and whose name is certified to appear on the ballot
14at the election following that primary may utilize any unencumbered balance of the
15public financing benefit received by the candidate in the primary election campaign
16period for the election campaign period.
SB221,77,21 17(5r) Except as permitted in sub. (5g), an eligible candidate who receives a
18public financing benefit and who does not encumber or expend some portion of the
19benefit for a purpose described in sub. (1) shall return any unencumbered portion of
20the benefit to the board within 30 days after the primary or election in which the
21candidate participates.
SB221,78,2 22(6) Notwithstanding subs. (2) and (3), beginning on July 1, 2012, and every 2
23years thereafter, the board shall modify the public financing benefits provided for in
24subs. (2) and (3) to adjust for the change in the consumer price index, all items, U.S.

1city average, published by the U.S. department of labor for the preceding 2-year
2period ending on December 31.
SB221,78,24 311.512 Financial activity by nonparticipating candidates. (1) In
4addition to other reports required by law, a nonparticipating candidate for an office
5at a primary or election who receives contributions or makes or obligates to make
6disbursements in an amount that is more than 5 percent greater than the public
7financing benefit applicable to an eligible candidate for the same office at the same
8primary or election shall file a report with the board itemizing the total contributions
9received and disbursements made or obligated to be made by the candidate as of the
10date of the report. The board shall transmit copies of the report to all candidates for
11the same office at the same election. A nonparticipating candidate shall file
12additional reports after the candidate receives each additional $1,000 of
13contributions, or the candidate makes or obligates to make each additional $1,000
14of disbursements. If such contributions are received or such disbursements are made
15or obligated to be made more than 6 weeks prior to the date of the primary election
16at which the name of the candidate appears on the ballot, or prior to the date that
17the primary election would be held, if a primary were required, the reports shall be
18made at the next regular reporting interval under s. 11.506. If such contributions
19are received or such disbursements made or obligated to be made within 6 weeks
20prior to the date of the primary election at which the name of the candidate appears
21on the ballot, or within 6 weeks prior to the date that the primary election would be
22held, if a primary were required, the reports shall be made within 24 hours after each
23instance in which such contributions are received, or such disbursements are made
24or obligated to be made.
SB221,79,4
1(2) Upon receipt of such information, the state treasurer shall immediately
2issue a check to an opposing eligible candidate in an additional amount equivalent
3to the total excess disbursements made or obligated to be made, but not to exceed 3
4times the public financing benefit for the applicable office.
SB221,79,17 511.513 Independent disbursements. (1) If any person makes, or becomes
6obligated to make, by oral or written agreement, an independent disbursement in
7excess of $1,000 with respect to a candidate for the office of justice at a spring primary
8or election, that person shall file with the board a notice of the disbursement or
9obligation to make the disbursement. Any such person shall file reports of such
10disbursements or obligations to make such disbursements on the 15th or last day of
11the month that immediately follows the date of the disbursement or the obligation
12to make the disbursement, whichever comes first, except that, within 6 weeks prior
13to the date of the spring primary election, if a primary is held, and within 6 weeks
14prior to the date of the spring election, the person shall file such reports within 24
15hours after each independent disbursement is made or obligated to be made. Any
16such person shall file an additional report after each additional $1,000 of
17disbursements are made or obligated to be made.
SB221,79,23 18(2) When the aggregate independent disbursements against an eligible
19candidate for an office or for the opponents of that candidate exceed 120 percent of
20the public financing benefit for that office in any campaign, the board shall
21immediately credit that candidate's account with an additional line of credit
22equivalent to the total disbursements made or obligated to be made, but not to exceed
233 times the public financing benefit for the applicable office.
SB221,79,25 2411.515 Democracy trust fund. The democracy trust fund shall be
25administered by the state treasurer.
SB221,80,3
111.516 Administration. Except as otherwise specifically provided in ss.
211.501 to 11.522, the duties of and authority for administering and enforcing ss.
311.501 to 11.522 are vested in the board.
SB221,80,9 411.517 Penalties; enforcement. (1) Notwithstanding s. 11.60 (1), if an
5eligible candidate makes disbursements that exceed the total amount of the public
6financing benefit allocated to the candidate for any campaign and the total
7qualifying and seed money contributions lawfully accepted by the candidate, the
8candidate may be required to forfeit not more than 10 times the amount by which the
9disbursements exceed the allocation.
SB221,80,13 10(2) Notwithstanding s. 11.60 (1), any eligible candidate who accepts
11contributions in excess of any limitation imposed under ss. 11.502 to 11.522 may be
12required to forfeit not more than 10 times the amount by which the contributions
13exceed the applicable limitation.
SB221,80,21 14(3) If the board finds that there is probable cause to believe that an eligible
15candidate has made excess disbursements or has accepted excess contributions
16contrary to sub. (1) or (2), the board shall attempt for a period of not more than 14
17days after its finding to correct the matter by informal methods of conference and
18conciliation and to enter into a settlement and conciliation agreement under s. 5.05
19(1) (c) with the person involved. A settlement and conciliation agreement made
20pursuant to this subsection shall be a matter of public record. Unless violated, a
21settlement and conciliation agreement is a bar to any civil action under sub. (4).
SB221,81,2 22(4) If the board has probable cause to believe that an eligible candidate has
23made excess disbursements or has accepted excess contributions and the board is
24unable to correct the matter by informal methods within the time prescribed in sub.
25(3), the board shall make a public finding of probable cause in the matter. After

1making a public finding, the board may bring a civil action against the eligible
2candidate as provided in s. 5.05 (1) (c).
SB221,81,10 3(5) If an elector believes that an eligible candidate has violated ss. 11.502 to
411.522 and the elector is entitled to vote for or against the eligible candidate in the
5election in connection with which the violation is alleged to occur, the elector may file
6a complaint with the board requesting it to take remedial action. If the board refuses
7to take remedial action or, within 30 days after the filing of such a complaint, fails
8to take remedial action, the elector may commence a civil action requesting the court
9to impose a forfeiture under sub. (1) or (2) in circuit court for the county where the
10board is authorized to bring an action under s. 5.05 (1) (c).
SB221,81,13 11(6) The board and courts shall expedite all proceedings under ss. 11.502 to
1211.522 so that all complaints brought prior to an election are resolved, to the extent
13possible, before the election is held.
SB221,81,17 14(7) If a complaint brought under ss. 11.502 to 11.522 is resolved against the
15complainant and is found to have been brought in bad faith and without reasonable
16basis therefor, the board or court may assess costs, including reasonable attorney
17fees, against the complainant.
SB221,81,23 1811.518 Prohibited acts. (1) Notwithstanding s. 11.61 (1) (c), if an eligible
19candidate or agent of a candidate knowingly accepts more contributions than the
20candidate is entitled to receive, or makes disbursements exceeding the total amount
21of the public financing benefit received by the candidate and the qualifying and seed
22money contributions lawfully received by the candidate, the candidate or agent is
23guilty of a Class G felony.
SB221,82,2 24(2) Notwithstanding s. 11.61 (1) (c), if in connection with the receipt or
25disbursement of a public financing benefit for an election campaign, any person

1knowingly provides false information to the board, or knowingly conceals or
2withholds information from the board, that person is guilty of a Class G felony.
SB221,82,6 311.522 Contributions to nonparticipating candidates; attributions. (1)
4A nonparticipating candidate may accept contributions from private sources without
5limitation, except that no person may make any contribution or contributions to a
6nonparticipating candidate exceeding a total of $1,000 during any campaign.
SB221,82,11 7(2) In addition to the attribution required under s. 11.30 (2), any electronic or
8print communication paid for or authorized by a nonparticipating candidate shall
9contain the following sentence: "This communication is paid for with money raised
10from private sources. This candidate has not agreed to abide by campaign
11contribution and spending limits."
SB221, s. 149 12Section 149. 11.60 (3s) and (3u) of the statutes are created to read:
Loading...
Loading...