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10. 11.01 (12s) of the statutes is repealed.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:
SB221,30,815
11.06
(2m) (b) Any individual or committee who or which is required to file an
16oath under sub. (7) and who or which accepts contributions, makes disbursements,
17or incurs obligations for the purpose of supporting or opposing one or more
18candidates for state office and who or which does not anticipate accepting
19contributions, making disbursements, or incurring obligations in an aggregate
20amount in excess of $1,000 in a calendar year and does not anticipate accepting any
21contribution or contributions from a single source exceeding $100 in any calendar
22year may indicate on its registration statement that the individual or committee will
23not accept contributions, incur obligations, or make disbursements in the aggregate
24in excess of $1,000 in any calendar year and will not accept any contribution or
25contributions from a single source exceeding $100 in any calendar year. Any
1registrant making such an indication is not subject to any filing requirement if the
2statement is true. The registrant need not file a termination report. A registrant not
3making such an indication on a registration statement is subject to a filing
4requirement. The indication may be revoked and the registrant is then subject to a
5filing requirement as of the date of revocation, or the date on which aggregate
6contributions, disbursements, or obligations for the calendar year exceed $1,000, or
7the date on which the registrant accepts any contribution or contributions exceeding
8$100 from a single source during any calendar year, whichever is earlier.
SB221,31,39
(c) Any individual or committee who or which is required to file an oath under
10sub. (7) and who or which accepts contributions, makes disbursements, or incurs
11obligations for the purpose of supporting or opposing one or more candidates for local
12office but not for the purpose of supporting or opposing any candidate for state office
13and who or which does not anticipate accepting contributions, making
14disbursements, or incurring obligations in an aggregate amount in excess of $100 in
15a calendar year and does not anticipate accepting any contribution or contributions
16from a single source exceeding $100 in any calendar year may indicate on its
17registration statement that the individual or committee will not accept
18contributions, incur obligations, or make disbursements in the aggregate in excess
19of $100 in any calendar year and will not accept any contribution or contributions
20from a single source exceeding $100 in any calendar year. Any registrant making
21such an indication is not subject to any filing requirement if the statement is true.
22The registrant need not file a termination report. A registrant not making such an
23indication on a registration statement is subject to a filing requirement. The
24indication may be revoked and the registrant is then subject to a filing requirement
25as of the date of revocation, or the date that aggregate contributions, disbursements,
1or obligations for the calendar year exceed $100, or the date on which the registrant
2accepts any contribution or contributions exceeding $100 from a single source during
3any calendar year, whichever is earlier.
SB221,31,54
(d) If a revocation by a registrant under this subsection is not timely, the
5registrant violates s. 11.27 (1).
SB221, s. 42
6Section
42. 11.06 (3) (b) (intro.) of the statutes is amended to read:
SB221,31,107
11.06
(3) (b) (intro.)
Notwithstanding sub. (1), a A nonresident registrant shall
8report on a form prescribed by the board the applicable information ensure that the
9report under sub. (1) separately states information under sub. (1) concerning
all of
10the following, in a manner prescribed by the board:
SB221, s. 43
11Section
43. 11.06 (3r) of the statutes is repealed.
SB221, s. 44
12Section
44. 11.06 (3w) of the statutes is repealed.
SB221, s. 45
13Section
45. 11.06 (4) (b) of the statutes is amended to read:
SB221,31,1914
11.06
(4) (b) Unless it is returned or donated within 15 days of receipt, a
15contribution must be reported as received and accepted on the date received. This
16subsection paragraph applies notwithstanding the fact that the contribution is not
17deposited in
the a campaign depository account by the closing date for the reporting
18period as provided in s. 11.20 (8)
or the reporting deadline provided in s. 11.21 (16)
19if applicable.
SB221, s. 46
20Section
46. 11.06 (5) of the statutes is amended to read:
SB221,32,521
11.06
(5) Report must be complete. A registered individual or treasurer of a
22group or committee shall make a good faith effort to obtain all required information.
23The first report shall commence no later than the date that the first contribution is
24received and accepted or the first disbursement is made. Each report shall be filed
25with the appropriate filing officer on the dates designated in s. 11.20
and, if the
1registrant files reports under s. 11.21 (16), at the times specified in s. 11.21 (16). The
2individual or the treasurer of the group or committee shall certify to the correctness
3of each report. In the case of a candidate, the candidate or treasurer shall certify to
4the correctness of each report. If a treasurer is unavailable, any person designated
5as a custodian under s. 11.05 (3) (e) may certify to the correctness of a report.
SB221, s. 47
6Section
47. 11.06 (7m) (a) of the statutes is amended to read:
SB221,32,217
11.06
(7m) (a) If a committee which was registered under s. 11.05 as a political
8party committee
or legislative campaign committee supporting candidates of a
9political party files an oath under sub. (7) affirming that it does not act in cooperation
10or consultation with any candidate who is nominated to appear on the party ballot
11of the party at a general or special election, that the committee does not act in concert
12with, or at the request or suggestion of, such a candidate, that the committee does
13not act in cooperation or consultation with such a candidate or agent or authorized
14committee of such a candidate who benefits from a disbursement made in opposition
15to another candidate, and that the committee does not act in concert with, or at the
16request or suggestion of, such a candidate or agent or authorized committee of such
17a candidate who benefits from a disbursement made in opposition to another
18candidate, the committee filing the oath may not make any contributions in support
19of any candidate of the party at the general or special election or in opposition to any
20such candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as
21authorized in par. (c).
SB221, s. 48
22Section
48. 11.06 (7m) (b) of the statutes is amended to read:
SB221,33,323
11.06
(7m) (b) If the committee has already made contributions in excess of the
24amounts specified in s. 11.26 (2) at the time
that it files an oath under sub. (7), each
25candidate to whom contributions are made shall promptly return a sufficient amount
1of contributions to bring the committee
in
into compliance with this subsection and
2the committee may not make any additional contributions in violation of this
3subsection.
SB221, s. 49
4Section
49. 11.06 (7m) (c) of the statutes is amended to read:
SB221,33,115
11.06
(7m) (c) A committee filing an oath under sub. (7) which desires to change
6its status to a political party committee
or legislative campaign committee may do
7so as of December 31 of any even-numbered year. Section 11.26 does not apply to
8contributions received by such a committee prior to the date of the change. Such a
9committee may change its status at other times only by filing a termination
10statement under s. 11.19 (1) and reregistering as a newly organized committee under
11s. 11.05.
SB221, s. 50
12Section
50. 11.07 (1) of the statutes is amended to read:
SB221,33,2213
11.07
(1) Every nonresident committee or group making contributions and
14every nonresident individual, committee or group making disbursements exceeding
15$25 cumulatively the amount specified in s. 11.05 (1) or (2) in a calendar year within
16this state shall file
the name, mailing and street address and the name and the
17mailing and street address of a designated agent within the state with the office of
18the secretary of state. An agent may be any adult individual who is a resident of this
19state. After any change in the name or address of such agent the new address or
20name of the successor agent shall be filed within 30 days
of the date on which the
21change occurs. Service of process in any proceeding under this chapter or ch. 12, or
22service of any other notice or demand may be made upon such agent.
SB221, s. 51
23Section
51. 11.07 (5) of the statutes is amended to read: