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2011 - 2012 LEGISLATURE
October 3, 2011 - Introduced by Representatives Roys, Bernard Schaber, Sinicki,
Turner, Pasch, Hebl, Berceau, Young, Clark, Toles, Kessler, C. Taylor,
Pocan, Zamarripa, Barca, Seidel
and Grigsby, cosponsored by Senators C.
Larson
and Risser. Referred to Committee on Election and Campaign
Reform.
AB296,1,4 1An Act to repeal 11.26 (13m) (b); to consolidate, renumber and amend 11.26
2(13m) (intro.) and (a); to amend 11.01 (16) (intro.); and to create 11.26 (17)
3(dm) of the statutes; relating to: treatment of contributions used to finance
4recall petition drives.
Analysis by the Legislative Reference Bureau
Currently, contributions used for the purpose of payment of expenses incurred
in connection with the circulation, offer to file, or filing of a petition to recall an
officeholder prior to the time that a recall primary or election is ordered, or after that
time if incurred in contesting or defending the order, are generally subject to
reporting but are not subject to contribution limitations under the campaign finance
law. Contributions used for the purpose of payment of expenses incurred in
supporting or opposing an officeholder against whom a recall petition has been filed
are subject to the limitations.
This bill treats gifts, receipts, and transfers, including certain in-kind
transactions, made for the purpose of payment of expenses in connection with the
circulation, offer to file, or filing of a petition to recall an officeholder prior to the time
that a recall primary or election is ordered, or in contesting or defending such an
order, as contributions to any candidate who is supported or whose opponent is
opposed for purposes of contribution limitations in the same manner as other
contributions to such a candidate. Under the bill, the contributions become subject
to the limitations on the day that any person registers his or her intent to circulate
a recall petition. If a recall election is ordered, contributions made before and after

the filing of the recall petition are aggregated for purposes of the contribution
limitations. The bill also specifically provides that actions taken for the purpose of
contesting or defending a recall election order are reportable transactions under the
campaign finance law to the same extent as other actions taken for the purpose of
influencing the recall or retention of an officeholder.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB296, s. 1 1Section 1. 11.01 (16) (intro.) of the statutes is amended to read:
AB296,2,152 11.01 (16) (intro.) An act is for "political purposes" when it is done for the
3purpose of influencing the election or nomination for election of any individual to
4state or local office,; for the purpose of influencing the recall from or retention in office
5of an individual holding a state or local office, whether before or after the time that
6a recall election is ordered, or for the purpose of contesting or defending a recall
7election order;
for the purpose of payment of expenses incurred as a result of a
8recount at an election,; or for the purpose of influencing a particular vote at a
9referendum. In the case of a candidate, or a committee or group which is organized
10primarily for the purpose of influencing the election or nomination for election of any
11individual to state or local office, for the purpose of influencing the recall from or
12retention in office of an individual holding a state or local office, or for the purpose
13of influencing a particular vote at a referendum, all administrative and overhead
14expenses for the maintenance of an office or staff which are used principally for any
15such purpose are deemed to be for a political purpose.
AB296, s. 2 16Section 2. 11.26 (13m) (intro.) and (a) of the statutes are consolidated,
17renumbered 11.26 (13m) and amended to read:
AB296,3,218 11.26 (13m) Contributions utilized for the following purposes are not subject
19to limitation by this section: (a) For the
purpose of payment of legal fees and other

1expenses incurred as a result of a recount at an election are not subject to limitation
2by this section
.
AB296, s. 3 3Section 3. 11.26 (13m) (b) of the statutes is repealed.
AB296, s. 4 4Section 4. 11.26 (17) (dm) of the statutes is created to read:
AB296,3,115 11.26 (17) (dm) In the case of an officer against whom a recall petition is
6circulated or a candidate whose candidacy is advocated to replace such an officer, the
7"campaign" of the candidate begins on the day that any person registers his or her
8intent to circulate a recall petition under s. 9.10 (2) (d) and ends on the date specified
9for a special election under par. (d), or if no recall election is ordered, on the date on
10which the officeholder or candidate receives sufficient contributions to retire any
11obligations incurred in connection with the circulation of the petition.
AB296,3,1212 (End)
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