SB221, s. 63
9Section
63. 11.16 (2) of the statutes is amended to read:
SB221,40,1710
11.16
(2) Limitation on cash contributions. Every contribution of money
11exceeding $50 shall be made by negotiable instrument or evidenced by an itemized
12credit card receipt bearing on the face the name of the remitter. No treasurer may
13accept a contribution made in violation of this subsection. The treasurer shall
14promptly return the contribution
, or
, if the donor cannot be identified, donate
it
the
15contribution to the common school fund or to a charitable organization
in the event
16that the donor cannot be identified or transfer the contribution to the board for
17deposit in the Wisconsin election campaign fund.
SB221, s. 64
18Section
64
. 11.16 (2) of the statutes, as affected by 2009 Wisconsin Act .... (this
19act), is amended to read:
SB221,41,220
11.16
(2) Limitation on cash contributions. Every Except as provided in s.
2111.506 (6), every contribution of money exceeding $50 shall be made by negotiable
22instrument or evidenced by an itemized credit card receipt bearing on the face the
23name of the remitter. No treasurer may accept a contribution made in violation of
24this subsection. The treasurer shall promptly return the contribution, or, if the donor
25cannot be identified, donate the contribution to the common school fund or to a
1charitable organization or transfer the contribution to the board for deposit in the
2Wisconsin election campaign fund.
SB221, s. 65
3Section
65. 11.16 (3) of the statutes is amended to read:
SB221,41,144
11.16
(3) Form of disbursements.
Every Except as authorized under s. 11.511
5(1), every disbursement which is made by a registered individual or treasurer from
6the campaign depository account shall be made by negotiable instrument. Such
7instrument shall bear on the face the full name of the candidate, committee,
8individual or group as it appears on the registration statement filed under s. 11.05
9and where necessary, such additional words as are sufficient to clearly indicate the
10political nature of the registrant or account of the registrant. The name of a political
11party shall include the word "party". The instrument of each committee registered
12with the board and designated under s. 11.05 (3) (c) as a special interest committee
13shall bear the identification number assigned under s. 11.21 (12) on the face of the
14instrument.
SB221, s. 66
15Section
66. 11.16 (5) of the statutes is amended to read:
SB221,42,516
11.16
(5) Escrow agreements. Any personal campaign committee
, or political
17party committee
or legislative campaign committee may, pursuant to a written
18escrow agreement with more than one candidate, solicit contributions for and
19conduct a joint fund raising effort or program on behalf of more than one named
20candidate. The agreement shall specify the percentage of the proceeds to be
21distributed to each candidate by the committee conducting the effort or program.
22The committee shall include this information in all solicitations for the effort or
23program. All contributions received and disbursements made by the committee in
24connection with the effort or program shall be received and disbursed through a
25separate depository account under s. 11.14 (1) that is identified in the agreement.
1For purposes of s. 11.06 (1), the committee conducting the effort or program shall
2prepare a schedule in the form prescribed by the board supplying all required
3information under s. 11.06 (1) and items qualifying for exclusion under s. 11.31 (6)
4for the effort or program, and shall transmit a copy of the schedule to each candidate
5who receives any of the proceeds within the period prescribed in s. 11.06 (4) (c).
SB221, s. 67
6Section
67. 11.19 (title) of the statutes is amended to read:
SB221,42,8
711.19 (title)
Dissolution
Carry-over of surplus funds; dissolution of
8registrants; termination reports.
SB221, s. 68
9Section
68. 11.19 (1) of the statutes is amended to read:
SB221,43,210
11.19
(1) Whenever any registrant disbands or determines that obligations will
11no longer be incurred, and contributions will no longer be received nor disbursements
12made during a calendar year, and the registrant has no outstanding incurred
13obligations, the registrant shall file a termination report with the appropriate filing
14officer. Such report shall indicate a cash balance on hand of zero at the end of the
15reporting period and shall indicate the disposition of residual funds. Residual funds
16may be used for any political purpose not prohibited by law, returned to the donors
17in an amount not exceeding the original contribution,
transferred to the board for
18deposit in the Wisconsin election campaign fund, or donated to a charitable
19organization or the common school fund. The report shall be filed and certified as
20were previous reports, and shall contain the information required by s. 11.06 (1). A
21registrant to which s. 11.055 (1) applies shall pay the fee imposed under that
22subsection with a termination report filed under this subsection. If a termination
23report or suspension report under sub. (2) is not filed, the registrant shall continue
24to file periodic reports with the appropriate filing officer, no later than the dates
25specified in s. 11.20
and, if the registrant files reports under s. 11.21 (16), no later
1than the times specified in s. 11.21 (16). This subsection does not apply to any
2registrant making an indication under s.
11.05 (2r)
11.06 (2m).
SB221, s. 69
3Section
69. 11.20 (1) of the statutes is amended to read:
SB221,43,134
11.20
(1) All reports required by s. 11.06 which relate to activities which
5promote or oppose candidates for state office or statewide referenda and all reports
6under s. 11.08 shall be filed with the board. All reports required by s. 11.06 which
7relate to activities which promote or oppose candidates for local office or local
8referenda shall be filed with the appropriate filing officer under s. 11.02, except
9reports filed under s. 11.08.
Each registrant shall file the reports required by this
10section. If the registrant is subject to a requirement under s. 11.21 (16) to report
11electronically the same information that is reportable under this section, the
12registrant shall, in addition, file the reports required by this section recorded on a
13medium specified by the board.
SB221, s. 70
14Section
70. 11.20 (7) of the statutes is amended to read:
SB221,43,1715
11.20
(7) In Except as otherwise required under s. 11.21 (16), in the event that
16any report is required to be filed under this
section
chapter on a nonbusiness day, it
17may be filed on the next business day thereafter.
SB221, s. 71
18Section
71. 11.20 (9) of the statutes is amended to read:
SB221,43,2119
11.20
(9) Except as provided in ss.
11.05 (2r) 11.06 (2m) and 11.19 (2), the duty
20to file reports under this section
or s. 11.21 (16), where applicable, continues until a
21termination report is filed in accordance with s. 11.19.
SB221, s. 72
22Section
72. 11.20 (10) (a) of the statutes is amended to read:
SB221,44,423
11.20
(10) (a) Where a requirement is imposed under this section for the filing
24of a financial report which is to be received by the appropriate filing officer no later
25than a certain date, the requirement may be satisfied either by actual receipt of the
1report by the prescribed time for filing at the office of the filing officer, or by filing a
2report with the U.S. postal service by first class mail with sufficient prepaid postage,
3addressed to the appropriate filing officer, no later than the
3rd day before the date
4provided by law for receipt of such report.
SB221, s. 73
5Section
73. 11.20 (12) of the statutes is amended to read:
SB221,44,106
11.20
(12) If a candidate is unopposed in a primary or election, the obligation
7to file the reports required by this chapter does not cease. Except as provided in ss.
811.05 (2r) 11.06 (2m) and 11.19 (2), a registrant who makes or receives no
9contributions, makes no disbursements or incurs no obligations shall so report on the
10dates designated in subs. (2) and (4).
SB221, s. 74
11Section
74. 11.21 (2) of the statutes is amended to read:
SB221,44,2412
11.21
(2) Furnish to each registrant prescribed forms for the making of reports
13and statements. Forms shall be sent by 1st class mail not earlier than 21 days and
14not later than 14 days prior to the applicable filing deadline under s. 11.20, and
15addressed to the attention of the treasurer or other person indicated on the
16registration statement. Forms need not be sent to a registrant who has made an
17indication that aggregate contributions, disbursements and obligations will not
18exceed the amount specified under s.
11.05 (2r) 11.06 (2m) or to a registrant who has
19been granted a suspension under s. 11.19 (2). Forms for reports shall not be sent by
20the board to a registrant if the registrant is required to file reports with the board
21in an electronic format. Whenever any notice of filing requirements under this
22chapter is sent to a candidate's campaign treasurer, the board shall also send a notice
23to the candidate if he or she has appointed a separate treasurer. Failure to receive
24any form or notice does not exempt a registrant from compliance with this chapter.
SB221, s. 75
25Section
75. 11.21 (15) of the statutes is amended to read:
SB221,45,6
111.21
(15) Inform each candidate who files an application to become eligible to
2receive a grant from the Wisconsin election campaign fund of the dollar amount of
3the applicable disbursement limitation under s. 11.31
(1), adjusted as provided under
4s. 11.31 (9), which applies to the office for which such person is a candidate. Failure
5to receive the notice required by this subsection does not constitute a defense to a
6violation of s. 11.27 (1) or 11.31.
SB221, s. 76
7Section
76. 11.21 (16) of the statutes is amended to read:
SB221,46,158
11.21
(16) Require each registrant for whom the board serves as filing officer
9and who or which accepts contributions in a total amount or value of $20,000 or more
10during a campaign period to file each campaign finance report that is required to be
11filed under this chapter in an electronic format, and accept from any other registrant
12for whom the board serves as a filing officer any campaign finance report that is
13required to be filed under this chapter in an electronic format. A registrant who or
14which becomes subject to a requirement to file reports in an electronic format under
15this subsection shall initially file the registrant's report in an electronic format for
16the period which includes the date on which the registrant becomes subject to the
17requirement
or, if the registrant is required to report transactions within 24 hours
18of their occurrence, within 24 hours after the date on which the registrant becomes
19subject to the requirement. To facilitate implementation of this subsection, the board
20shall specify, by rule, a type of software that is suitable for compliance with the
21electronic filing requirement under this subsection. The board shall provide copies
22of the software to registrants at a price fixed by the board that may not exceed cost.
23Each registrant who or which files a report under this subsection in an electronic
24format shall also file a copy of the report with the board that is recorded on a medium
25specified by the board. The copy shall be signed by an authorized individual and filed
1with the board by each registrant no later than the time prescribed for filing of the
2report under this chapter.
If a registrant is a committee, a copy shall be certified by
3an authorized individual and filed with the board by the registrant no later than 24
4hours after the occurrence of any transaction that is reportable under s.11.06 (1). If
5a registrant becomes subject to a requirement to report electronically under this
6subsection, the registrant shall continue to report electronically regardless of the
7amount of contributions accepted by the registrant until the registrant files a
8termination report. The board shall provide complete instructions to any registrant
9who or which files a report under this subsection. In this subsection, the "campaign
10period" of a candidate, personal campaign committee or support committee begins
11and ends with the "campaign" of the candidate whose candidacy is supported, as
12defined in s. 11.26 (17), and the "campaign period" of any other registrant begins on
13January 1 of each odd-numbered year and ends on December 31 of the following year.
14Section 990.001 (4) does not apply to the computation of time permitted for
15compliance with the filing requirements under this subsection.
SB221, s. 77
16Section
77. 11.21 (17) of the statutes is repealed.
SB221, s. 78
17Section
78. 11.22 (3) of the statutes is amended to read:
SB221,47,418
11.22
(3) Furnish to each registrant prescribed forms for the making of reports
19and statements. Forms shall be sent by 1st class mail not earlier than 21 days and
20not later than 14 days prior to the applicable filing deadline under s. 11.20 and
21addressed to the attention of the treasurer or other person indicated on the
22registration statement. Forms need not be sent to a registrant who has made an
23indication that aggregate contributions, disbursements and obligations will not
24exceed the amount specified under s.
11.05 (2r) 11.06 (2m) or to a registrant who has
25been granted a suspension under s. 11.19 (2). Whenever any notice of the filing
1requirements under this chapter is sent to a candidate's campaign treasurer, the
2filing officer shall also send a notice to the candidate if he or she has appointed a
3separate treasurer. Failure to receive any form or notice does not exempt a registrant
4from compliance with this chapter.
SB221, s. 79
5Section
79. 11.23 (1) of the statutes is amended to read:
SB221,47,186
11.23
(1) Any group or individual may promote or oppose a particular vote at
7any referendum in this state. Before making disbursements, receiving contributions
8or incurring obligations in excess of
$25 $100 in the aggregate in a calendar year for
9such purposes, the group or individual shall file a registration statement under s.
1011.05 (1)
, or (2)
or (2r). In the case of a group the name and mailing address of each
11of its officers shall be given in the statement. Every group and every individual
12under this section shall designate a campaign depository account under s. 11.14.
13Every group shall appoint a treasurer, who may delegate authority but is jointly
14responsible for the actions of his or her authorized designee for purposes of civil
15liability under this chapter. The appropriate filing officer shall be notified by a group
16of any change in its treasurer within 10 days of the change under s. 11.05 (5). The
17treasurer of a group shall certify the correctness of each statement or report
18submitted by it under this chapter.
SB221, s. 80
19Section
80. 11.23 (2) of the statutes is amended to read:
SB221,47,2420
11.23
(2) Any anonymous contribution exceeding $10 received by an individual
21or group treasurer may not be used or expended. The contribution shall be donated
22to the common school fund or to any charitable organization
or transferred to the
23board for deposit in the Wisconsin election campaign fund at the option of the
24treasurer.
SB221, s. 81
25Section
81. 11.24 (2) of the statutes is renumbered 11.24 (5).
SB221, s. 82
1Section
82. 11.24 (4) of the statutes is created to read:
SB221,48,82
11.24
(4) (a) No person may make a contribution to an incumbent partisan state
3elective official, to a candidate for a partisan state office, or to the personal campaign
4committee or support committee authorized under s. 11.05 (3) (p) of such an official
5or candidate for the purpose of promoting that official's or candidate's nomination,
6election, or reelection to a partisan state office during the period beginning on
7January 1 of an odd-numbered year and ending on the date of enactment of the
8biennial budget act.
SB221,48,109
(b) If in any year there is more than one executive budget bill under s. 16.47
10(1m), the period under par. (a) ends on the date of enactment of the last such bill.
SB221,48,1811
(c) Notwithstanding par. (a), a person may make a contribution to an
12incumbent partisan state elective official against whom a recall petition is circulated
13or a candidate for a partisan state office at a recall election during the period
14beginning on the date that a petitioner registers an intent to circulate a petition
15under s. 9.10 (2) (d) and ending on the date of the recall election, except that if the
16circulation period expires without offering of the recall petition for filing, the filing
17officer determines not to file the petition, or the official resigns as provided in s. 9.10
18(3) (c), the period ends on the date of that event.
SB221,48,2119
(d) Paragraph (a) does not apply to a candidate for a partisan state office at a
20special election or to the personal campaign committee or authorized support
21committee of such a candidate.
SB221, s. 83
22Section
83. 11.26 (1) (intro.) of the statutes is amended to read:
SB221,49,323
11.26
(1) (intro.)
No Except as otherwise provided for an individual specified
24in sub. (2), no individual may make any contribution or contributions to a candidate
25for election or nomination to any of the following offices and to any individual or
1committee under s. 11.06 (7) acting solely in support of such a candidate or solely in
2opposition to the candidate's opponent to the extent of more than a total of the
3amounts specified per candidate:
SB221, s. 84
4Section
84. 11.26 (1) (a) of the statutes is amended to read:
SB221,49,65
11.26
(1) (a) Candidates for governor, lieutenant governor, secretary of state,
6state treasurer, attorney general,
or state superintendent
or justice, $10,000.
SB221, s. 85
7Section
85. 11.26 (1) (am) of the statutes is created to read:
SB221,49,88
11.26
(1) (am) Candidates for justice, $1,000.
SB221, s. 86
9Section
86. 11.26 (2) (intro.) of the statutes is amended to read:
SB221,49,1510
11.26
(2) (intro.) No committee other than a political party committee
or
11legislative campaign committee and no individual who serves as a conduit may make
12any contribution or contributions to a candidate for election or nomination to any of
13the following offices and to any individual or committee under s. 11.06 (7) acting
14solely in support of such a candidate or solely in opposition to the candidate's
15opponent to the extent of more than a total of the amounts specified per candidate:
SB221, s. 87
16Section
87. 11.26 (2) (a) of the statutes is amended to read:
SB221,49,1917
11.26
(2) (a) Candidates for governor,
lieutenant governor, secretary of state,
18state treasurer, attorney general, state superintendent or justice, 4 percent of the
19value of the disbursement level specified in the schedule under s. 11.31 (1) $45,000.
SB221, s. 88
20Section
88. 11.26 (2) (ad) of the statutes is created to read:
SB221,49,2121
11.26
(2) (ad) Candidates for lieutenant governor, $15,000.
SB221, s. 89
22Section
89. 11.26 (2) (am) of the statutes is created to read:
SB221,49,2323
11.26
(2) (am) Candidates for attorney general, $25,000.
SB221, s. 90
24Section
90. 11.26 (2) (an) of the statutes is created to read:
SB221,49,2525
11.26
(2) (an) Candidates for justice, $10,000.
SB221, s. 91
1Section
91
. 11.26 (2) (an) of the statutes, as affected by 2009 Wisconsin Act ....
2(this act), is repealed and recreated to read:
SB221,50,33
11.26
(2) (an) Candidates for justice, $1,000.
SB221, s. 92
4Section
92. 11.26 (2) (au) of the statutes is created to read:
SB221,50,65
11.26
(2) (au) Candidates for secretary of state, state treasurer, or state
6superintendent, $10,000.
SB221, s. 93
7Section
93. 11.26 (4) of the statutes is amended to read:
SB221,50,148
11.26
(4) No Except as otherwise provided in sub. (10), no individual may make
9any contribution or contributions to all candidates for state and local offices and to
10any individuals who or committees which are subject to a registration requirement
11under s. 11.05, including
legislative campaign committees and committees of a
12political party, to the extent of more than a total of $10,000 in any calendar year.
This
13subsection does not apply to contributions that are transferred by an individual who
14serves as a conduit.
SB221, s. 94
15Section
94. 11.26 (8) of the statutes is amended to read:
SB221,50,2116
11.26
(8) (a) No political party as defined in s. 5.02 (13) may receive more than
17a total of
$150,000 $600,000 in value of its contributions in any biennium from all
18other committees, excluding
contributions from legislative campaign committees
19and transfers between party committees of the party. In this paragraph, a biennium
20commences with January 1 of each odd-numbered year and ends with December 31
21of each even-numbered year.
SB221,50,2422
(b) No such political party may receive more than a total of
$6,000 $18,000 in
23value of its contributions in any calendar year from any specific committee or its
24subunits or affiliates, excluding
legislative campaign and political party committees.
SB221,51,4
1(c) No committee, other than a political party
or legislative campaign
2committee, may make any contribution or contributions, directly or indirectly, to a
3political party under s. 5.02 (13) in a calendar year exceeding a total value of
$6,000 4$18,000.
SB221, s. 95
5Section
95. 11.26 (9) (a) of the statutes is amended to read:
SB221,51,136
11.26
(9) (a) No individual who is a candidate for state or local office may receive
7and accept more than 65 percent of the value of the total disbursement level
8determined under s. 11.31
(1), adjusted as provided in s. 11.31 (9), for the office for
9which he or she is a candidate during any primary and election campaign combined
10from all committees subject to a filing requirement, including political party
and
11legislative campaign committees.
The limitation otherwise applicable under this
12paragraph to a candidate who qualifies to receive a supplemental grant under s.
1311.50 (9) (ba) or (bb) is increased by the amount of the supplemental grant.
SB221, s. 96
14Section
96
. 11.26 (9) (a) of the statutes, as affected by 2009 Wisconsin Act ....
15(this act), is amended to read:
SB221,51,2316
11.26
(9) (a)
No Except as provided in par. (ba), no individual who is a candidate
17for state or local office may receive and accept more than 65 percent of the value of
18the total disbursement level determined under s. 11.31 (1), adjusted as provided in
19s. 11.31 (9), for the office for which he or she is a candidate during any primary and
20election campaign combined from all committees subject to a filing requirement,
21including political party committees. The limitation otherwise applicable under this
22paragraph to a candidate who qualifies to receive a supplemental grant under s.
2311.50 (9) (ba) or (bb) is increased by the amount of the supplemental grant.
SB221, s. 97
24Section
97. 11.26 (9) (b) of the statutes is amended to read:
SB221,52,8
111.26
(9) (b) No individual who is a candidate for state or local office may receive
2and accept more than
45 35 percent of the value of the total disbursement level
3determined under s. 11.31
(1), adjusted as provided in s. 11.31 (9), for the office for
4which he or she is a candidate during any primary and election campaign combined
5from all committees other than political party
and legislative campaign committees
6subject to a filing requirement.
The limitation otherwise applicable under this
7paragraph to a candidate who qualifies to receive a supplemental grant under s.
811.50 (9) (ba) or (bb) is increased by the amount of the supplemental grant.
SB221, s. 98
9Section
98
. 11.26 (9) (b) of the statutes, as affected by 2009 Wisconsin Act ....
10(this act), is amended to read:
SB221,52,1811
11.26
(9) (b)
No Except as provided in par. (ba), no individual who is a candidate
12for state or local office may receive and accept more than 35 percent of the value of
13the total disbursement level determined under s. 11.31 (1), adjusted as provided in
14s. 11.31 (9), for the office for which he or she is a candidate during any primary and
15election campaign combined from all committees other than political party
16committees subject to a filing requirement. The limitation otherwise applicable
17under this paragraph to a candidate who qualifies to receive a supplemental grant
18under s. 11.50 (9) (ba) or (bb) is increased by the amount of the supplemental grant.
SB221, s. 99
19Section
99. 11.26 (9) (ba) of the statutes is created to read:
SB221,52,2120
11.26
(9) (ba) Paragraphs (a) and (b) do not apply to a candidate who receives
21a public financing benefit from the democracy trust fund.
SB221, s. 100
22Section
100. 11.26 (10) of the statutes is renumbered 11.26 (10) (a) and
23amended to read:
SB221,53,1524
11.26
(10) (a)
No Except as provided in par. (b), no candidate for state office who
25files a sworn statement and application to receive a grant from the Wisconsin election
1campaign fund may make contributions of more than 200 percent of the amounts
2specified in sub. (1) to the candidate's own campaign from the candidate's personal
3funds or property or the personal funds or property which are owned jointly or as
4marital property with the candidate's spouse, unless the board determines that the
5candidate is not eligible to receive a grant
, or the candidate withdraws his or her
6application under s. 11.50 (2) (h)
, or s. 11.50 (2) (i) applies. For purposes of this
7subsection paragraph, any contribution received by a candidate or his or her
8personal campaign committee from a committee which is registered with the federal
9elections commission as the authorized committee of the candidate under
2 USC 432 10(e) shall be treated as a contribution made by the candidate to his or her own
11campaign. The contribution limit of sub. (4) applies to amounts contributed by such
12a candidate personally to the candidate's own campaign and to other campaigns,
13except that a candidate may exceed the limitation if authorized under this
subsection 14paragraph to contribute more than the amount specified to the candidate's own
15campaign, up to the amount of the limitation.
SB221, s. 101
16Section
101. 11.26 (10) (b) of the statutes is created to read:
SB221,53,2417
11.26
(10) (b) If a candidate is authorized to make disbursements under s. 11.31
18(3p) exceeding the limitation otherwise applicable to the candidate as prescribed
19under s. 11.31 (1) and adjusted under s. 11.31 (9), then the limitation otherwise
20applicable to that candidate under par. (a) is increased by an amount equal to the
21ratio that the amount specified in par. (a) bears to the disbursement limitation
22specified for that candidate under s. 11.31 (1), as adjusted under s. 11.31 (9),
23multiplied by the amount of the increased disbursement limitation authorized for
24that candidate under s. 11.31 (3p).
SB221, s. 102
25Section
102. 11.26 (13) of the statutes is amended to read:
SB221,54,3
111.26
(13) Except as provided in sub. (9), contributions received from the
2Wisconsin election campaign fund
and public financing benefits received from the
3democracy trust fund are not subject to limitation by this section.
SB221, s. 104
5Section
104. 11.30 (4) of the statutes is amended to read:
SB221,54,86
11.30
(4) No owner or other person with a financial interest in a
7communications medium may utilize such medium in support of or in opposition to
8a candidate or referendum
, except as provided in this chapter.
SB221,54,12
9(4m) This chapter shall not be construed to restrict fair coverage of bona fide
10news stories, interviews with candidates and other politically active individuals,
11editorial comment or endorsement. Such activities need not be reported as a
12contribution or disbursement.
SB221, s. 105
13Section
105. 11.31 (1) (intro.) of the statutes is amended to read:
SB221,54,1814
11.31
(1) Schedule. (intro.) The following levels of disbursements are
15established with reference to the candidates listed below.
The levels are subject to
16adjustment under sub. (9). Except as provided in sub. (2), such levels do not operate
17to restrict the total amount of disbursements which are made or authorized to be
18made by any candidate in any primary or other election.