LRB-2348/1
JTK&MES:wlj:jf
2011 - 2012 LEGISLATURE
October 12, 2011 - Introduced by Representatives Jorgensen, Hintz, Barca,
Berceau, Bernard Schaber, Clark, Doyle, Fields, Grigsby, Hebl, Hulsey,
Molepske Jr, Milroy, Pasch, Pocan, Pope-Roberts, Ringhand, Roys, Sinicki,
C. Taylor, Turner and
Zepnick, cosponsored by Senators Erpenbach,
Carpenter, King, C. Larson, Lassa and Wirch. Referred to Committee on
Election and Campaign Reform.
AB317,1,10
1An Act to renumber and amend 7.70 (3) (e);
to amend 5.02 (18), 5.35 (6) (b),
25.37 (4), 5.62 (1) (a), 5.62 (3), 5.81 (4), 5.91 (1), 5.91 (6), 8.15 (7), 8.16 (1), 8.20
3(8) (a), 8.20 (9), 8.35 (4) (c), 8.50 (3) (b), 10.02 (3) (b) 2., 10.06 (1) (e), 10.06 (1)
4(i), 11.06 (1) (jm), 11.16 (5), 11.26 (17) (a), 11.31 (title), 11.31 (1) (intro.), 11.31
5(7) (b) to (d) and 11.31 (8); and
to create 5.62 (5), 7.08 (2) (c), 7.08 (2) (cm), 7.70
6(3) (e) 1., 8.16 (5), 8.35 (4) (b), 10.02 (3) (b) 2m., 11.21 (15), 11.26 (9) (c), 11.26 (10),
711.26 (13), 11.31 (2), 11.31 (2m), 11.31 (3), 11.31 (3m), 11.31 (4), 11.31 (6), 11.31
8(10), 11.50, 14.58 (20), 20.511 (1) (q), 20.855 (4) (b), 25.17 (1) (ys), 25.42 and
971.10 (3) of the statutes;
relating to: creation of a Wisconsin election campaign
10fund, making appropriations, and providing penalties.
Analysis by the Legislative Reference Bureau
This bill authorizes each individual filing a state income tax return who has a
tax liability or is owed a refund to designate that $1 of general purpose revenue be
transferred to an election campaign fund administered by the Government
Accountability Board (GAB) and the state treasurer. Under the bill, any candidate
for a partisan state office, except district attorney, who receives at least 6 percent of
the total vote cast on all ballots for the office the candidate seeks at the September
primary and whose name is certified as a candidate in the general election is eligible
to receive a grant from the fund to finance campaign expenses. The bill places the
names of independent candidates on the September primary ballot in order to permit
these candidates to qualify to receive grants. However, as under current law, a voter
who votes for a party candidate for any office is not permitted to vote for any
candidates not representing that party, but including independent candidates. The
independent candidates continue to appear on the general election ballot regardless
of the number of votes they receive at the primary. A candidate for state
superintendent of public instruction or justice of the supreme court who is nominated
at the primary may also qualify to receive grants. In addition, a candidate for a state
office at a special partisan election may qualify to receive a grant if he or she
represents a party whose candidate for the same office at the most recent general
election received at least 6 percent of the total vote cast for the office or if he or she
actually receives at least 6 percent of the total vote cast for the office at the special
election. A candidate whose name appears on the ballot at a special election for the
office of state superintendent may also qualify.
The moneys in the fund are apportioned as follows: 1) in those years in which
there is an election for supreme court justice, candidates for that office may receive
8 percent of the money in the fund which is divided equally among them; 2) in those
years in which there is an election for state superintendent, candidates for that office
may receive 8 percent of the money in the fund which is divided equally between
them; 3) the remainder is apportioned among the candidates for partisan state
executive offices, who may receive 25 percent of the remaining money in the fund,
and candidates for legislative office, who may receive 75 of the remaining money in
the fund. The fund is further apportioned among candidates for the executive offices
according to a specified formula. All eligible candidates for the same office may
receive equal grants. If a candidate for an office does not accept a grant, the amount
for which the candidate could have qualified is potentially payable to any opposing
candidates for the same office who accept grants. To complete his or her
qualification, a candidate must receive contributions of money from individuals
during a specified period in amounts of $100 or less cumulatively from each
individual. For a candidate for a statewide office or any candidate at a special
election, the contributions must equal at least 5 percent of the candidate's statutory
disbursement (expenditure) level. For other candidates, the contributions must
equal at least 10 percent of the candidate's statutory disbursement level. A
candidate for an office who accepts a grant must agree to abide by the statutory
disbursement level unless the candidate is opposed by a candidate whose name
appears on the ballot and who receives at least 6 percent of the total vote for the same
office at the primary if a primary was held and that candidate does not accept a grant
or does not abide by the statutory disbursement level. As under current law, a
candidate who does not accept a grant is not bound by any disbursement level, but
such a candidate may voluntarily agree to abide by the disbursement level by filing
an affidavit with GAB affirming that intention.
Under the bill, grants are paid directly to each eligible candidate. Grants may
be used only for office supplies or postage, or for the purchase of services from
printers, graphic arts or advertising providers, or communications media. A
candidate must return any unspent and unencumbered grant moneys to the state.
Under current law, no candidate for state office may receive more than 45
percent of his or her statutory disbursement level from committees other than
political party committees. The bill treats grant moneys as committee contributions,
thus reducing the amount of nonparty committee contributions that a candidate who
accepts a grant may receive. The maximum amount that a candidate may receive
is that amount, when added to all other nonparty committee contributions received
by the candidate, equal to 45 percent of the candidate's disbursement level. If there
is insufficient money within any account in the fund to make full payment of the
grants to which all eligible candidates are entitled at any election, GAB is directed
to proportionally reduce grant payments.
The bill transfers $1,128,600 from the general fund to the Wisconsin election
campaign fund, which is approximately equivalent to the amount that was
transferred from the campaign fund to the general fund in 2011 when the campaign
fund existed under former law. Under the bill, initial grants are payable at the first
election that follows the day the bill becomes law by at least 60 days, but the initial
transfer of moneys from income tax designations is made on August 15 following the
calendar or taxable year in which the first designations are made.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB317,3,63
5.02
(18) "September primary" means the primary held the 2nd Tuesday in
4September to nominate candidates to be voted for at the general election
and to
5determine which candidates for state offices other than district attorney may
6participate in the Wisconsin election campaign fund.
AB317,4,109
5.35
(6) (b) At each polling place in the state where a consolidated ballot under
10s. 5.655 is used or an electronic voting system is utilized at a partisan primary
1election incorporating a ballot upon which electors may mark votes for candidates
2of more than one recognized political party
or for candidates of a recognized political
3party and independent candidates, the municipal clerk or board of election
4commissioners shall prominently post a sign in the form prescribed by the board
5warning electors in substance that on any ballot with votes cast for candidates of
6more than one recognized political party
or any ballot with votes cast for candidates
7of any recognized political party and independent candidates, no votes cast for any
8candidates for partisan office will be counted unless a preference for a party
or for
9the independent candidates is made. If the elector designates a preference, only
10votes cast for candidates of that preference will be counted.
AB317,4,2113
5.37
(4) Voting machines may be used at primary elections when they comply
14with subs. (1) and (2) and the following provisions: All candidates' names entitled to
15appear on the ballots at the primary shall appear on the machine; the elector cannot
16vote for candidates of more than one party, whenever the restriction applies
, and an
17elector who votes for candidates of any party may not vote for independent
18candidates at the September primary; the elector may secretly select the party for
19which he or she wishes to vote
or the independent candidates in the case of the
20September primary; the elector may vote for as many candidates for each office as
21he or she is lawfully entitled to vote for, but no more.
AB317,5,1924
5.62
(1) (a) At September primaries, the following ballot shall be provided for
25the nomination of candidates of recognized political parties for national, state and
1county offices and independent candidates for state office in each ward, in the same
2form as prescribed by the board under s. 7.08 (1) (a), except as authorized in s. 5.655.
3The ballots shall be made up of the several party tickets with each party entitled to
4participate in the primary under par. (b) or sub. (2) having its own ballot, except as
5authorized in s. 5.655.
The independent candidates for state office other than district
6attorney shall have a separate ballot for all such candidates under s. 5.64 (1) (e),
7except as authorized in s. 5.655. The ballots shall be secured together at the bottom.
8The party ballot of the party receiving the most votes for president or governor at the
9last general election shall be on top with the other parties arranged in descending
10order based on their vote for president or governor at the last general election. The
11ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying
12under par. (b), in the same order in which the parties filed petitions with the board.
13Any ballot required under par. (b) 2. shall be placed next in order.
The ballot listing
14the independent candidates shall be placed at the bottom. At polling places where
15voting machines are used, each party
and the independent candidates shall be
16represented in one or more separate columns or rows on the ballot. At polling places
17where an electronic voting system is used other than an electronic voting machine,
18each party
and the independent candidates may be represented in separate columns
19or rows on the ballot.
AB317,6,622
5.62
(3) The board shall designate the official primary ballot arrangement for
23statewide offices and district attorney within each prosecutorial district by using the
24same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate
25column or row on the ballot, the candidates for office shall be listed together with the
1offices which they seek in the following order whenever these offices appear on the
2September primary ballot: governor, lieutenant governor, attorney general,
3secretary of state, state treasurer, U.S. senator, U.S. representative in congress,
4state senator, representative to the assembly, district attorney and the county offices.
5Below the names of the independent candidates shall appear the part or principle of
6the candidates, if any, in 5 words or less, as shown on their nomination papers.
AB317, s. 6
7Section
6. 5.62 (5) of the statutes is created to read:
AB317,6,158
5.62
(5) At the September primary, an elector may vote for the candidates of
9only one party, or the elector may vote for any of the independent candidates for state
10office listed; but the elector may not vote for more than one candidate for a single
11office. A space shall be provided on the ballot for an elector to write in the name of
12his or her choice as a party candidate for any office, including a party candidate of
13a party whose name appears on the ballot, column, or row designated for
14independent candidates, as provided in sub. (1) (b) or (2) (b), but no space shall be
15provided for an elector to write in the names of independent candidates.
AB317,6,2218
5.81
(4) In partisan primary elections, if a ballot contains the names of
19candidates of more than one party
or the names of party candidates and independent
20candidates, it shall provide a space for electors to designate a party preference
or a
21preference for independent candidates. Failure to designate a preference does not
22invalidate any votes cast by an elector, except as provided in s. 7.50 (1) (d).
AB317,7,3
15.91
(1) It enables an elector to vote in secrecy and to select the party for which
2or the independent candidates for whom an elector will vote in secrecy at a partisan
3primary election.
AB317,7,126
5.91
(6) The voting device or machine permits an elector in a primary election
7to vote for the candidates of the recognized political party
or the independent
8candidates of his or her choice, and the automatic tabulating equipment or machine
9rejects any ballot on which votes are cast in the primary of more than one recognized
10political party, except where a party
or independent candidate designation is made
11or where an elector casts write-in votes for candidates of more than one party on a
12ballot that is distributed to the elector.
AB317, s. 10
13Section
10. 7.08 (2) (c) of the statutes is created to read:
AB317,7,2114
7.08
(2) (c) As soon as possible after the canvass of the spring and September
15primary votes, but no later than the first Tuesday in March and the 4th Tuesday in
16September, transmit to the state treasurer a certified list of all eligible candidates
17for state office who have filed applications under s. 11.50 (2) and whom the board
18determines to be eligible to receive grants from the Wisconsin election campaign
19fund. The list shall contain each candidate's name, the mailing address indicated on
20the candidate's registration statement, the office the candidate seeks, and the party
21or principle the candidate represents, if any.
AB317, s. 11
22Section
11. 7.08 (2) (cm) of the statutes is created to read:
AB317,8,523
7.08
(2) (cm) As soon as possible after the canvass of a special primary, or the
24date that the primary would be held, if required, transmit to the state treasurer a
25certified list of all eligible candidates for state office who have filed applications
1under s. 11.50 (2) and whom the board determines to be eligible to receive a grant
2under s. 11.50 (1) (a) 2. after the special election. The list shall contain each
3candidate's name the mailing address indicated on the candidate's registration
4statement, the office the candidate seeks, and the party or principle the candidate
5represents, if any.
AB317,8,108
7.70
(3) (e) (intro.) The chairperson of the board or the chairperson's designee
9shall make a special statement to the board as soon as possible after the canvass
of
10the general election certifying
:
AB317,8,12
112. After the general election, the name of each political party which receives at
12least one percent of the vote cast in such election for any statewide office.
AB317, s. 13
13Section
13. 7.70 (3) (e) 1. of the statutes is created to read:
AB317,8,1914
7.70
(3) (e) 1. After each September primary, the name of each candidate not
15defeated in the primary who receives at least 6 percent of the total vote cast for all
16candidates on all ballots at the primary for each separate state office except district
17attorney, and the percentage of the total vote received by that candidate. In the case
18of legislative candidates, the percentage shall be calculated within each legislative
19district.
AB317,9,322
8.15
(7) A candidate may not run in more than one party primary at the same
23time. No filing official may accept nomination papers for the same person in the same
24election for more than one party.
An independent candidate at a partisan primary
25or other election may not file nomination papers as the candidate of a recognized
1political party for the same office at the same election. A person who files nomination
2papers as the candidate of a recognized political party may not file nomination
3papers as an independent candidate for the same office at the same election.
AB317,9,126
8.16
(1) Except as provided in sub. (2), the person who receives the greatest
7number of votes for an office on a party ballot at any partisan primary, regardless of
8whether the person's name appears on the ballot, shall be the party's candidate for
9the office, and the person's name shall so appear on the official ballot at the next
10election.
All independent candidates shall appear on the general election ballot
11regardless of the number of votes received by such candidates at the September
12primary.
AB317, s. 16
13Section
16. 8.16 (5) of the statutes is created to read:
AB317,9,1814
8.16
(5) A candidate for a partisan state office except district attorney may also
15qualify to receive a grant under s. 11.50 if the candidate meets the requirements
16specified in s.11.50; however, a candidate who qualifies under this section to have his
17or her name appear on the official ballot at the general election shall appear on that
18ballot regardless of whether the candidate qualifies to receive a grant under s. 11.50.
AB317,9,2521
8.20
(8) (a) Nomination papers for independent candidates for any office to be
22voted upon at a general election
or September primary and general election, except
23president, vice president and presidential elector, may be circulated no sooner than
24June 1 preceding the election and may be filed no later than 5 p.m. on the 2nd
25Tuesday of July preceding the September primary, except as authorized in this
1paragraph. If an incumbent fails to file nomination papers and a declaration of
2candidacy by 5 p.m. on the 2nd Tuesday of July preceding the September primary,
3all candidates for the office held by the incumbent, other than the incumbent, may
4file nomination papers no later than 72 hours after the latest time prescribed in this
5paragraph. No extension of the time for filing nomination papers applies if the
6incumbent files written notification with the filing officer or agency with whom
7nomination papers are filed for the office which the incumbent holds, no later than
85 p.m. on the 2nd Friday preceding the latest time prescribed in this paragraph for
9filing nomination papers, that the incumbent is not a candidate for reelection to his
10or her office, and the incumbent does not file nomination papers for that office within
11the time prescribed in this paragraph.
AB317,10,2314
8.20
(9) Persons nominated by nomination papers without a recognized
15political party designation shall be placed on the official ballot at the general election
16and at any partisan election to the right or below the recognized political party
17candidates in their own column or row designated "Independent".
At the September
18primary, the names of persons nominated for state office by nomination papers
19without a recognized political party designation shall be placed on a separate ballot
20or, if a consolidated paper ballot under s. 5.655 (2), an electronic voting system or
21voting machines are used, in a column or row designated as "Independent". If the
22candidate's name already appears under a recognized political party it may not be
23listed on the independent ballot, column or row.
AB317, s. 19
24Section
19. 8.35 (4) (b) of the statutes is created to read:
AB317,11,9
18.35
(4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys
2received by a candidate from the Wisconsin election campaign fund shall be
3immediately transferred to any candidate who is appointed to replace that
4candidate, upon filing of proper application by the replacement candidate under s.
511.50 (2). If there is no candidate appointed or if no proper application is filed within
67 days of the date on which the vacancy occurs, the moneys shall revert to the state
7as provided in s. 11.50 (8). For purposes of qualification, contributions received and
8disbursements made by the former candidate are considered to have been received
9or made by the replacement candidate.
AB317,11,1912
8.35
(4) (c) The transfer shall be reported to the appropriate filing officer in a
13special report submitted by the former candidate's campaign treasurer. If the former
14candidate is deceased and was serving as his or her own campaign treasurer, the
15former candidate's petitioner or personal representative shall file the report
and
16make the transfer required by par. (b), if any. The report shall include a complete
17statement of all contributions, disbursements and incurred obligations pursuant to
18s. 11.06 (1) covering the period from the day after the last date covered on the former
19candidate's most recent report to the date of disposition.
AB317,12,922
8.50
(3) (b) Except as otherwise provided in this section, the provisions for
23September primaries under s. 8.15 are applicable to all partisan primaries held
24under this section, and the provisions for spring primaries under s. 8.10 are
25applicable to all nonpartisan primaries held under this section. In a special partisan
1primary or election, the order of the parties on the ballot shall be the same as
2provided under s. 5.62 (1) or 5.64 (1) (b).
The names of independent candidates for
3state office at a special partisan election shall not appear on the primary ballot. No
4primary is required for a nonpartisan election in which not more than 2 candidates
5for an office appear on the ballot or for a partisan election in which not more than one
6candidate for an office appears on the ballot of each recognized political party. In
7every special election except a special election for nonpartisan state office where no
8candidate is certified to appear on the ballot, a space for write-in votes shall be
9provided on the ballot, regardless of whether a special primary is held.
AB317,12,1512
10.02
(3) (b) 2. At a
special partisan primary, the elector shall select the party
13ballot of his or her choice and shall make a cross (
7) next to or depress the lever or
14button next to the candidate's name for each office for whom the elector intends to
15vote, or shall insert or write in the name of the elector's choice for a candidate.
AB317, s. 23
16Section
23. 10.02 (3) (b) 2m. of the statutes is created to read:
AB317,12,2517
10.02
(3) (b) 2m. At the September primary, the elector shall select the party
18ballot of his or her choice or the ballot containing the names of the independent
19candidates for state office and make a cross (
7) or depress the lever or button next
20to the selected candidate's name for each office for whom the elector intends to vote
21or shall insert or write in the name of the elector's choice for a party candidate, if any.
22In order to qualify for participation in the Wisconsin election campaign fund, a
23candidate for state office at the September primary, other than a candidate for
24district attorney, must receive at least 6 percent of all votes cast on all ballots for the
25office that the candidate seeks, in addition to other requirements.
AB317,13,113
10.06
(1) (e) As soon as possible following the state canvass of the spring
4primary vote, but no later than the first Tuesday in March, the board shall send a
5type B notice certifying to each county clerk the list of candidates for the spring
6election. When no state spring primary is held or when the only primary held is the
7presidential preference primary, this notice shall be sent under par. (c).
The board
8shall also in any case send a certified list of candidates under s. 11.50 to the state
9treasurer pursuant to s. 7.08 (2) (c). When there is a referendum, the board shall send
10type A and C notices certifying each question to the county clerks as soon as possible,
11but no later than the first Tuesday in March.
AB317,13,1814
10.06
(1) (i) As soon as possible after the state canvass, but no later than the
154th Tuesday in September, the board shall send a type B notice certifying the list of
16candidates and type A and C notices certifying each question for any referendum to
17each county clerk for the general election
and a certified list of candidates under s.
1811.50 to the state treasurer pursuant to s. 7.08 (2) (c).
AB317, s. 26
19Section
26. 11.06 (1) (jm) of the statutes is amended to read:
AB317,14,320
11.06
(1) (jm) A copy of any separate schedule prepared or received pursuant
21to an escrow agreement under s. 11.16 (5). A candidate or personal campaign
22committee receiving contributions under such an agreement and attaching a
23separate schedule under this paragraph may indicate the percentage of the total
24contributions received, disbursements made
and exclusions claimed under s. 11.31
25(6) without itemization, except that amounts received from any contributor pursuant
1to the agreement who makes any separate contribution to the candidate or personal
2campaign committee during the calendar year of receipt as indicated in the schedule
3shall be aggregated and itemized if required under par. (a) or (b).
AB317,14,206
11.16
(5) Escrow agreements. Any personal campaign committee, political
7party committee or legislative campaign committee may, pursuant to a written
8escrow agreement with more than one candidate, solicit contributions for and
9conduct a joint fund raising effort or program on behalf of more than one named
10candidate. The agreement shall specify the percentage of the proceeds to be
11distributed to each candidate by the committee conducting the effort or program.
12The committee shall include this information in all solicitations for the effort or
13program. All contributions received and disbursements made by the committee in
14connection with the effort or program shall be received and disbursed through a
15separate depository account under s. 11.14 (1) that is identified in the agreement.
16For purposes of s. 11.06 (1), the committee conducting the effort or program shall
17prepare a schedule in the form prescribed by the board supplying all required
18information under s. 11.06 (1)
and items qualifying for exclusion under s. 11.31 (6) 19for the effort or program, and shall transmit a copy of the schedule to each candidate
20who receives any of the proceeds within the period prescribed in s. 11.06 (4) (c).
AB317, s. 28
21Section
28. 11.21 (15) of the statutes is created to read: