SB221: Bill Text

SB221,22,7 11.01 (16) (a) 3. Except for purposes of s. 11.38 (1m), a mass communication, other than a communication that is exempt from reporting under s. 11.29, that is made during the period beginning on the 60th day preceding an election and ending on the date of that election, and that includes a reference to a candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that election, a reference to an office to be filled at that election, or a reference to a political party.

SB221, s. 16 Section 16. 11.01 (16) (a) 4. of the statutes is created to read:

SB221,22,12 11.01 (16) (a) 4. A mass communication that refers to a judicial office and either focuses on and takes a position for or against a judicial candidate's position on an issue or takes a position on that judicial candidate's character, qualifications, or fitness for office.

SB221, s. 17 Section 17. 11.01 (16) (b) of the statutes is renumbered 11.01 (16) (b) (intro.) and amended to read:

SB221,22,16 11.01 (16) (b) (intro.) A "political purpose" does not include expenditures any of the following:

SB221,22,19 1. An expenditure made for the purpose of supporting or defending a person who is being investigated for, charged with or convicted of a criminal violation of state or federal law, or an agent or dependent of such a person.

SB221, s. 18 Section 18. 11.01 (16) (b) 2. of the statutes is created to read:

SB221,23,2 11.01 (16) (b) 2. Unless the communication is susceptible of no reasonable interpretation other than as an appeal to vote for or against a candidate whose name is certified to appear on a ballot at an election, a mass communication that either focuses on and takes a position on a legislative or executive issue and urges the public to adopt the position and to contact one or more public officials about the issue or proposes a commercial transaction and does not do any of the following:

SB221,23,3 a. Support or oppose a candidate's record on an issue.

SB221,23,5 b. Mention an election, a candidacy, an opposing candidate, a political party, or voting by the general public.

SB221,23,6 c. Take a position on a candidate's character, qualifications, or fitness for office.

SB221, s. 19 Section 19. 11.01 (17g) and (17r) of the statutes are repealed.

SB221, s. 20 Section 20. 11.05 (1) of the statutes is renumbered 11.05 (1) (a) and amended to read:

SB221,23,17 11.05 (1) (a) Except as provided in s. 9.10 (2) (d), every committee, other than a personal campaign committee, and every political group subject to registration under s. 11.23 which that makes or accepts contributions, incurs obligations, or makes disbursements in a calendar year in an aggregate amount in excess of $25 shall file a statement with the appropriate filing officer giving the information required by sub. (3). In the case of any committee other than a personal campaign committee, the The statement shall be filed by the treasurer. A personal campaign committee shall register under sub. (2g) or (2r).

SB221, s. 21 Section 21. 11.05 (1) (b) of the statutes is created to read:

SB221,23,22 11.05 (1) (b) Every political group subject to registration under s. 11.23 that makes or accepts contributions, incurs obligations, or makes disbursements in a calendar year in an aggregate amount in excess of $100 shall file a statement with the appropriate filing officer giving the information required by sub. (3).

SB221, s. 22 Section 22. 11.05 (2) of the statutes is renumbered 11.05 (2) (a) and amended to read:

SB221,24,8 11.05 (2) (a) Except as provided in s. 9.10 (2) (d), every individual, other than a candidate or agent of a candidate, who accepts contributions, incurs obligations, or makes disbursements with respect to one or more elections for state or local office in a calendar year in an aggregate amount in excess of $25 shall file a statement with the appropriate filing officer giving the information required by sub. (3). An individual who guarantees a loan on which an individual, committee or group subject to a registration requirement defaults is not subject to registration under this subsection paragraph solely as a result of such default.

SB221, s. 23 Section 23. 11.05 (2) (b) of the statutes is created to read:

SB221,24,13 11.05 (2) (b) Every individual who accepts contributions, incurs obligations, or makes disbursements with respect to one or more referenda in a calendar year in an aggregate amount in excess of $100 shall file a statement with the appropriate filing officer giving the information required by sub. (3).

SB221, s. 24 Section 24. 11.05 (2r) of the statutes is renumbered 11.06 (2m) (a) and amended to read:

SB221,25,11 11.06 (2m) (a) Any person, committee or group, other than a committee or an individual or committee required to file an oath under s. 11.06 (7) sub. (7), who or which does not anticipate accepting contributions, making disbursements , or incurring obligations in an aggregate amount in excess of $1,000 in a calendar year and does not anticipate accepting any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in that any calendar year may indicate on its registration statement that the person, committee, or group will not accept contributions, incur obligations, or make disbursements in the aggregate in excess of $1,000 in any calendar year and will not accept any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in such any calendar year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date that aggregate contributions, disbursements, or obligations for the calendar year exceed $1,000, or the date on which the registrant accepts any contribution or contributions exceeding $100 from a single source, other than contributions made by a candidate to his or her own campaign, during that any calendar year, whichever is earlier. If the revocation is not timely, the registrant violates s. 11.27 (1).

SB221, s. 25 Section 25. 11.05 (3) (c) of the statutes is amended to read:

SB221,25,16 11.05 (3) (c) In the case of a committee, a statement as to whether the committee is a personal campaign committee, a political party committee, a legislative campaign committee, a support committee, or a special interest committee.

SB221, s. 26 Section 26. 11.05 (3) (m) of the statutes is created to read:

SB221,25,20 11.05 (3) (m) In the case of a personal campaign committee, the name of the candidate on whose behalf the committee was formed or intends to operate and the office or offices that the candidate seeks.

SB221, s. 27 Section 27. 11.05 (3) (o) of the statutes is repealed.

SB221, s. 28 Section 28. 11.05 (3) (r) of the statutes is created to read:

SB221,25,25 11.05 (3) (r) In the case of a candidate or personal campaign committee of a candidate, the telephone number or numbers and a facsimile transmission number or electronic mail address, if any, at which the candidate may be contacted.

SB221, s. 29 Section 29. 11.05 (3) (s) of the statutes is created to read:

SB221,26,6 11.05 (3) (s) In the case of a registrant that has made a mass communication identified in s. 11.01 (16) (a) 3. or 4., a report containing the information specified in s. 11.06 (1) with respect to any obligation to make a disbursement incurred or any disbursement made for the purpose of making such a communication prior to registration.

SB221, s. 30 Section 30. 11.05 (5) of the statutes is amended to read:

SB221,26,22 11.05 (5) Change of information. Any change in information previously submitted in a statement of registration shall be reported by the registrant to the appropriate filing officer within 10 days following the change. This period does not apply in case of change of an indication made under sub. (2r) s. 11.06 (2m), which shall be reported no later than the date that a registrant is subject to a filing requirement under sub. (2r) s. 11.06 (2m). Any such change may be reported only by the individual or by the officer who has succeeded to the position of an individual who signed the original statement; but in the case of a personal campaign committee, a candidate or campaign treasurer may report a change in the statement except as provided in s. 11.10 (2), and in the case of any other committee or group, the chief executive officer or treasurer indicated on the statement may report a change. If a preexisting support committee is adopted by a candidate as his or her personal campaign committee, the candidate shall file an amendment to the committee's statement under this subsection indicating that all information contained in the statement is true, correct and complete.

SB221, s. 31 Section 31. 11.05 (5r) of the statutes is created to read:

SB221,27,2 11.05 (5r) Contribution prior to registration prohibited. (a) Except as provided in sub. (13), no person, committee, or group that is subject to a registration requirement may make any contribution prior to the date of registration under this section.

SB221,27,5 (b) No registrant may accept any contribution received from a person, committee, or group that is subject to a registration requirement prior to the date of registration of that person, committee, or group.

SB221, s. 32 Section 32. 11.05 (9) (title) of the statutes is repealed and recreated to read:

SB221,27,7 11.05 (9) (title) Deposit of contributions; conduits.

SB221, s. 33 Section 33. 11.05 (9) (b) of the statutes is amended to read:

SB221,27,14 11.05 (9) (b) An individual who or a committee or group which receives a contribution of money and transfers the contribution to another individual, committee, or group while acting as a conduit is not subject to registration under this section unless the individual, committee, or group transfers the contribution to a candidate or a personal campaign, legislative campaign, political party, or support committee.

SB221, s. 34 Section 34. 11.05 (12) (title) of the statutes is amended to read:

SB221,27,16 11.05 (12) (title) Time of registration; acceptance of unlawful contributions.

SB221, s. 35 Section 35. 11.05 (12) (b) of the statutes is amended to read:

SB221,28,2 11.05 (12) (b) Except as authorized under sub. (13), a committee, group or individual other than a candidate or agent of a candidate shall comply with sub. (1) or (2) no later than the 5th business day commencing after receipt of the first contribution by such committee, group or individual, and before making any disbursement. No committee, group or individual, other than a candidate or agent of a candidate, may accept any contribution or contributions exceeding $25 in the aggregate the amount specified in sub. (1) or (2) during a calendar year at any time when the committee, group or individual is not registered under this section except within the initial 5-day period authorized by this paragraph.

SB221, s. 36 Section 36. 11.05 (13) of the statutes is amended to read:

SB221,28,10 11.05 (13) Bank account and postal box; exemption. An individual, committee or group does not violate this section by accepting a contribution and making a disbursement in the amount required to rent a postal box, or in the minimum amount required by a bank or trust company to open a checking account, prior to the time of registration, if the disbursement is properly reported on the first report submitted under s. 11.20 or 11.21 (16) after the date that the individual, committee or group is registered, whenever a reporting requirement applies to the registrant.

SB221, s. 37 Section 37. 11.06 (1) (intro.) of the statutes is amended to read:

SB221,28,18 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (3) and (3m) and ss. 11.05 (2r) and (2m) and s. 11.19 (2), each registrant under s. 11.05 shall make full reports, upon a form prescribed by the board and signed by the appropriate individual under sub. (5), of all contributions received, contributions or disbursements made, and obligations incurred. Each report shall contain the following information, covering the period since the last date covered on the previous report, unless otherwise provided:

SB221, s. 38 Section 38. 11.06 (1) (e) of the statutes is amended to read:

SB221,28,23 11.06 (1) (e) An itemized statement of contributions over $20 from a single source donated to a charitable organization or to the common school fund, with the full name and mailing address of the donee, and a statement of contributions over $20 transferred to the board for deposit in the Wisconsin election campaign fund.

SB221, s. 39 Section 39. 11.06 (2) of the statutes is amended to read:

SB221,29,11 11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding sub. (1), if a disbursement is made or obligation incurred by an individual other than a candidate or by a committee or group which is not primarily organized for political purposes, and the disbursement does not constitute a contribution to any candidate or other individual, committee, or group, and the disbursement is not made or the obligation is not incurred for the purpose of making a mass communication specified in s. 11.01 (16) (a) 3. or 4., the disbursement or obligation is required to be reported only if the purpose is to expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a referendum. The exemption provided by this subsection shall in no case be construed to apply to a political party, legislative campaign, personal campaign or support committee.

SB221, s. 40 Section 40. 11.06 (2m) (title) of the statutes is created to read:

SB221,29,13 11.06 (2m) (title) General reporting exemptions.

SB221, s. 41 Section 41. 11.06 (2m) (b) to (d) of the statutes are created to read:

SB221,30,8 11.06 (2m) (b) Any individual or committee who or which is required to file an oath under sub. (7) and who or which accepts contributions, makes disbursements, or incurs obligations for the purpose of supporting or opposing one or more candidates for state office and who or which does not anticipate accepting contributions, making disbursements, or incurring obligations in an aggregate amount in excess of $1,000 in a calendar year and does not anticipate accepting any contribution or contributions from a single source exceeding $100 in any calendar year may indicate on its registration statement that the individual or committee will not accept contributions, incur obligations, or make disbursements in the aggregate in excess of $1,000 in any calendar year and will not accept any contribution or contributions from a single source exceeding $100 in any calendar year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date on which aggregate contributions, disbursements, or obligations for the calendar year exceed $1,000, or the date on which the registrant accepts any contribution or contributions exceeding $100 from a single source during any calendar year, whichever is earlier.

SB221,31,3 (c) Any individual or committee who or which is required to file an oath under sub. (7) and who or which accepts contributions, makes disbursements, or incurs obligations for the purpose of supporting or opposing one or more candidates for local office but not for the purpose of supporting or opposing any candidate for state office and who or which does not anticipate accepting contributions, making disbursements, or incurring obligations in an aggregate amount in excess of $100 in a calendar year and does not anticipate accepting any contribution or contributions from a single source exceeding $100 in any calendar year may indicate on its registration statement that the individual or committee will not accept contributions, incur obligations, or make disbursements in the aggregate in excess of $100 in any calendar year and will not accept any contribution or contributions from a single source exceeding $100 in any calendar year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date that aggregate contributions, disbursements, or obligations for the calendar year exceed $100, or the date on which the registrant accepts any contribution or contributions exceeding $100 from a single source during any calendar year, whichever is earlier.

SB221,31,5 (d) If a revocation by a registrant under this subsection is not timely, the registrant violates s. 11.27 (1).

SB221, s. 42 Section 42. 11.06 (3) (b) (intro.) of the statutes is amended to read:

SB221,31,10 11.06 (3) (b) (intro.) Notwithstanding sub. (1), a A nonresident registrant shall report on a form prescribed by the board the applicable information ensure that the report under sub. (1) separately states information under sub. (1) concerning all of the following, in a manner prescribed by the board:

SB221, s. 43 Section 43. 11.06 (3r) of the statutes is repealed.

SB221, s. 44 Section 44. 11.06 (3w) of the statutes is repealed.

SB221, s. 45 Section 45. 11.06 (4) (b) of the statutes is amended to read:

SB221,31,19 11.06 (4) (b) Unless it is returned or donated within 15 days of receipt, a contribution must be reported as received and accepted on the date received. This subsection paragraph applies notwithstanding the fact that the contribution is not deposited in the a campaign depository account by the closing date for the reporting period as provided in s. 11.20 (8) or the reporting deadline provided in s. 11.21 (16) if applicable.

SB221, s. 46 Section 46. 11.06 (5) of the statutes is amended to read:

SB221,32,5 11.06 (5) Report must be complete. A registered individual or treasurer of a group or committee shall make a good faith effort to obtain all required information. The first report shall commence no later than the date that the first contribution is received and accepted or the first disbursement is made. Each report shall be filed with the appropriate filing officer on the dates designated in s. 11.20 and, if the registrant files reports under s. 11.21 (16), at the times specified in s. 11.21 (16). The individual or the treasurer of the group or committee shall certify to the correctness of each report. In the case of a candidate, the candidate or treasurer shall certify to the correctness of each report. If a treasurer is unavailable, any person designated as a custodian under s. 11.05 (3) (e) may certify to the correctness of a report.

SB221, s. 47 Section 47. 11.06 (7m) (a) of the statutes is amended to read:

SB221,32,21 11.06 (7m) (a) If a committee which was registered under s. 11.05 as a political party committee or legislative campaign committee supporting candidates of a political party files an oath under sub. (7) affirming that it does not act in cooperation or consultation with any candidate who is nominated to appear on the party ballot of the party at a general or special election, that the committee does not act in concert with, or at the request or suggestion of, such a candidate, that the committee does not act in cooperation or consultation with such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, and that the committee does not act in concert with, or at the request or suggestion of, such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, the committee filing the oath may not make any contributions in support of any candidate of the party at the general or special election or in opposition to any such candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as authorized in par. (c).

SB221, s. 48 Section 48. 11.06 (7m) (b) of the statutes is amended to read:

SB221,33,3 11.06 (7m) (b) If the committee has already made contributions in excess of the amounts specified in s. 11.26 (2) at the time that it files an oath under sub. (7), each candidate to whom contributions are made shall promptly return a sufficient amount of contributions to bring the committee in into compliance with this subsection and the committee may not make any additional contributions in violation of this subsection.

SB221, s. 49 Section 49. 11.06 (7m) (c) of the statutes is amended to read:

SB221,33,11 11.06 (7m) (c) A committee filing an oath under sub. (7) which desires to change its status to a political party committee or legislative campaign committee may do so as of December 31 of any even-numbered year. Section 11.26 does not apply to contributions received by such a committee prior to the date of the change. Such a committee may change its status at other times only by filing a termination statement under s. 11.19 (1) and reregistering as a newly organized committee under s. 11.05.

SB221, s. 50 Section 50. 11.07 (1) of the statutes is amended to read:

SB221,33,22 11.07 (1) Every nonresident committee or group making contributions and every nonresident individual, committee or group making disbursements exceeding $25 cumulatively the amount specified in s. 11.05 (1) or (2) in a calendar year within this state shall file the name, mailing and street address and the name and the mailing and street address of a designated agent within the state with the office of the secretary of state. An agent may be any adult individual who is a resident of this state. After any change in the name or address of such agent the new address or name of the successor agent shall be filed within 30 days of the date on which the change occurs. Service of process in any proceeding under this chapter or ch. 12, or service of any other notice or demand may be made upon such agent.

SB221, s. 51 Section 51. 11.07 (5) of the statutes is amended to read:

SB221,34,4 11.07 (5) Any campaign treasurer or individual who knowingly receives a contribution made by an unregistered nonresident in violation of this section may not use or expend such contribution but shall immediately return it to the source or at the option of the campaign treasurer or individual, donate the contribution to a charitable organization or to the common school fund or transfer the contribution to the board for deposit in the Wisconsin election campaign fund.

SB221, s. 52 Section 52. 11.09 (3) of the statutes is amended to read:

SB221,34,17 11.09 (3) Each registrant whose filing officer is the board, who or which makes disbursements in connection with elections for offices which serve or referenda which affect only one county or portion thereof, except a candidate, personal campaign committee, political party committee, or other committee making disbursements in support of or in opposition to a candidate for state senator, representative to the assembly, court of appeals judge, or circuit judge, shall file a duplicate original of each financial report filed with the board with the county clerk or board of election commissioners of the county in which the elections in which the registrant participates are held. Such reports shall be filed no later than the dates specified under s. 11.20 (2) and (4) for the filing of each report with the board. This subsection does not apply to a registrant who or which files reports under s. 11.21 (16).

SB221, s. 53 Section 53. 11.10 (1) of the statutes is amended to read:

SB221,35,9 11.10 (1) Each candidate in an election shall appoint one campaign treasurer. Except as provided in s. 11.14 (3), each candidate shall designate one campaign depository account within 5 business days after the candidate receives his or her first contribution and before the candidate makes or authorizes any disbursement in behalf of his or her candidacy. If a candidate adopts a preexisting support committee as his or her personal campaign committee, the candidate shall make such designation within 5 business days of adoption. The person designated as campaign treasurer shall be the treasurer of the candidate's personal campaign committee, if any. The candidate may appoint himself or herself or any other elector as campaign treasurer. A registration statement under s. 11.05 (2g) or (2r) must be filed jointly by every candidate and his or her campaign treasurer. The candidate does not qualify for ballot placement until this requirement is met. Except as authorized under s. 11.06 (5), the campaign treasurer or candidate shall certify as to the correctness of each report required to be filed, and the candidate bears the responsibility for the accuracy of each report for purposes of civil liability under this chapter, whether or not the candidate certifies it personally.

SB221, s. 54 Section 54 . 11.12 (2) of the statutes is amended to read:

SB221,35,15 11.12 (2) Any anonymous contribution exceeding $10 received by a campaign or committee treasurer or by an individual under s. 11.06 (7) may not be used or expended. The contribution shall be donated to the common school fund or to any charitable organization, or transferred to the board for deposit in the Wisconsin election campaign fund, at the option of the treasurer.

SB221, s. 55 Section 55 . 11.12 (2) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

SB221,36,2 11.12 (2) Any No registrant, other than a candidate who receives a public financing benefit from the democracy trust fund, may accept an anonymous contribution exceeding $10 received by a campaign or committee treasurer or by an individual under s. 11.06 (7) may not be used or expended. The. No candidate who receives a public financing benefit from the democracy trust fund may accept an anonymous contribution exceeding $5. Any anonymous contribution that may not be accepted under this subsection shall be donated to the common school fund or to any a charitable organization, or transferred to the board for deposit in the Wisconsin election campaign fund, at the option of the registrant's treasurer.

SB221, s. 56 Section 56. 11.12 (2m) of the statutes is created to read:

SB221,36,11 11.12 (2m) If the campaign treasurer of a registrant receives a contribution in the form of money that is made by an individual who has made contributions to the registrant cumulatively within a calendar year exceeding $100 in amount or value, and the contributor has not provided to the treasurer the information required under s. 11.06 (1) (b), the treasurer shall obtain the information from the contributor before depositing the contribution in the campaign depository account. If the treasurer does not receive the information within the period prescribed under s. 11.14 (1), the treasurer shall return the contribution to the contributor.

SB221, s. 57 Section 57. 11.12 (4) of the statutes is amended to read:

SB221,36,17 11.12 (4) Each registrant shall report contributions, disbursements, and incurred obligations in accordance with s. 11.20 and, if the registrant files reports under s. 11.21 (16), in accordance with s. 11.21 (16). Except as permitted under s. 11.06 (2), (3) and (3m), each report shall contain the information which is required under s. 11.06 (1).

SB221, s. 58 Section 58. 11.12 (5) of the statutes is amended to read: