AB298: Bill Text

AB298,42 Section 42. 11.31 (8) of the statutes is amended to read:

AB298,19,9 11.31 (8) Certain contributions excluded. The levels specified in limitations imposed under this section do not apply to a gift of anything of value constituting a contribution made directly to a registrant by another, but the levels limitations do apply to such a gift when it is received and accepted by the recipient or if received in the form of money, when disbursed.

AB298,43 Section 43. 11.31 (10) of the statutes is created to read:

AB298,19,14 11.31 (10) Surplus materials excluded. Disbursements constituting surplus materials acquired in connection with a previous campaign of a candidate are not subject to limitation by this section if the materials were previously reported as a disbursement by that candidate for the previous campaign.

AB298,44 Section 44. 11.50 of the statutes is created to read:

AB298,19,17 11.50 Wisconsin election campaign fund. (1) Definitions. For purposes of this section:

AB298,19,18 (a) "Eligible candidate" means:

AB298,20,2 1. With respect to a spring or general election, any individual who is certified under s. 7.08 (2) (a) as a candidate in the spring election for justice or state superintendent, or an individual who receives at least 6 percent of the vote cast for all candidates on all ballots for any state office, except district attorney, for which the individual is a candidate at the partisan primary and who is certified under s. 7.08 (2) (a) as a candidate for that office in the general election, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at the spring or general election; and who has qualified for a grant under sub. (2).

AB298,20,22 2. With respect to a special election, an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for state superintendent, or an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for any state office, except district attorney, on the ballot or column of a party whose candidate for the same office at the preceding general election received at least 6 percent of the vote cast for all candidates on all ballots for the office, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at a special election, or an individual who receives at least 6 percent of the vote cast for all candidates on all ballots for any state office, except district attorney, at a partisan special election; and who qualifies for a grant under sub. (2). Where the boundaries of a district in which an individual seeks office have been changed since the preceding general election such that it is not possible to calculate the exact number of votes that are needed by that individual to qualify as an eligible candidate prior to an election under this subdivision, the number of votes cast for all candidates for the office at the preceding general election in each ward, combination of wards or municipality which is wholly contained within the boundaries of the newly formed district shall be calculated. If the candidate of the political party on whose ballot or column the individual appears in the newly formed district obtained at least 6 percent of the number of votes calculated, the individual is as an eligible candidate prior to the election under this subdivision.

AB298,20,23 (b) "Fund" means the Wisconsin election campaign fund.

AB298,20,24 (c) "Grant" means a contribution received from the fund.

AB298,21,10 (d) "Printing services" means printing, imprinting, lithographing, photolithographing, rotogravure, gravure, letterpress, mimeographing, stenciling, photostating, multilithing, multigraphing, steel die engraving, silkscreening, or by any other means reproducing or manufacturing political advertisements or campaign devices of any kind, including campaign literature, billboard advertising, special clothing, buttons, pens, stickers, banners and streamers, in support of or in opposition to any candidate, political party, or referendum, whether or not a charge is assessed for the materials or services, except materials or services provided by a candidate or individual, committee, or group subject to a filing requirement under this chapter.

AB298,22,2 (2) Participation; application. (a) Any individual who desires to qualify as an eligible candidate may file an application with the board requesting approval to receive a grant from the fund. Except as provided in par. (e), the application shall be filed no later than the applicable deadline for filing nomination papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a), or 8.50 (3) (a), no later than 4:30 p.m. on the 7th day after the primary or date on which the primary would be held if required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in the case of candidates appointed to fill vacancies. The application shall contain a sworn statement that the candidate and his or her authorized agents have complied with the contribution limitations prescribed in s. 11.26 and the disbursement limitations prescribed under s. 11.31 at all times to which those limitations have applied to his or her candidacy and will continue to comply with the limitations at all times to which the limitations apply to his or her candidacy for the office in contest, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under par. (h), or par. (i) applies.

AB298,22,4 (b) The board shall approve the application of an eligible candidate for participation if all of the following apply:

AB298,22,5 1. The application is timely.

AB298,22,7 2. The candidate is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear upon the spring, general, or special election ballot.

AB298,22,9 3. The candidate has an opponent who is certified for placement on the election ballot as a candidate for the same office.

AB298,22,13 4. The financial reports filed by or on behalf of the candidate as of the date of the spring or partisan primary, or the date that the special primary is or would be held, if required, indicate that his or her statement filed with the application under par. (a) is true.

AB298,23,9 5. The financial reports filed by or on behalf of the candidate as of the date of the spring or partisan primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received at least the amount provided in this subdivision, from contributions of money, other than loans, made by individuals, which have been received during the period ending on the date of the spring primary and beginning on July 1 preceding that date in the case of candidates at the spring election, or ending on the date of the partisan primary and beginning on January 1 preceding that date in the case of candidates at the general election, or ending on the date that a special primary will or would be held, if required, and beginning 90 days preceding such date or on the date a special election is ordered, whichever is earlier, in the case of special election candidates, which contributions are in the aggregate amount of $100 or less, and which are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5 percent of the candidate's authorized disbursement limitation under s. 11.31. For any other candidate at the general election, the required amount to qualify for a grant is 10 percent of the candidate's authorized disbursement limitation under s. 11.31.

AB298,23,22 (c) If a candidate has not filed financial reports as of the date of the spring primary, partisan primary, special primary, or date that the special primary would be held, if required, which indicate that he or she has met the qualification under par. (b) 5., the candidate may file a special report with the board. The report shall be filed not later than the 7th day after the primary, or 7th day after the date the primary would be held, if required, and shall include such supplementary information as to sources of contributions which may be necessary to complete the candidate's qualification. The special report shall cover the period from the day after the last date covered on the candidate's most recent report, or from the date on which the first contribution was received or the first disbursement was made, whichever is earlier, if the candidate has not previously filed a report, to the date of the report. All information included on the special report shall also be included in the candidate's next report under s. 11.20.

AB298,24,2 (d) For purposes of qualification under par. (b) 4. and 5., the financial reports of a former candidate are considered to be the same as if filed by the candidate who is lawfully appointed to replace that candidate whenever a vacancy after nomination occurs.

AB298,24,6 (e) Whenever a candidate who files nomination papers is unopposed on the deadline for filing the papers but is later opposed by a write-in candidate who qualifies for ballot placement, the application deadline under par. (a) is the same for the candidate who files nomination papers as for his or her opponent.

AB298,24,13 (f) The board shall inform each candidate in writing of the approval or disapproval of the candidate's application, as promptly as possible after the date of the spring primary, partisan primary, special primary, or date that the primary would be held, if required. With respect to a candidate at a special election who applies for a postelection grant under sub. (1) (a) 2., the board shall inform the candidate in writing of the conditional approval or disapproval of the candidate's application at the same time.

AB298,24,20 (g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the contribution limitations prescribed in s. 11.26 and the disbursement limitations imposed under s. 11.31 as binding upon himself or herself and his or her agents during the campaign as defined in s. 11.31 (7), as a precondition to receipt of a grant under this section, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws the application under par. (h), or par. (i) applies.

AB298,25,2 (h) An eligible candidate who files an application under par. (a) may file a written withdrawal of the application. A withdrawal of an application may be filed with the board no later than the 7th day after the day of the primary in which the person withdrawing the application is a candidate or the 7th day after the date that the primary would be held, if required. If an application is withdrawn in accordance with this paragraph, the person withdrawing the application is no longer bound by the statement filed under par. (a) after the date of the withdrawal.

AB298,25,14 (i) Notwithstanding par. (g), if an eligible candidate at the spring election or a special nonpartisan election who accepts a grant is opposed by one or more candidates in the election, or if an eligible candidate at the general election or a special partisan election who accepts a grant is opposed by one or more candidates in the election who receive at least 6 percent of the vote cast for all candidates for the same office on all ballots at the partisan primary or a special primary if a primary was held, and in either case if any such opponent of the eligible candidate does not accept a grant under this section in whole or in part, the eligible candidate is not bound by the pledge made in his or her application to adhere to the contribution limitations prescribed in s. 11.26 and the disbursement limitation prescribed under s. 11.31, unless each such opponent files an affidavit of voluntary compliance under s. 11.31 (2m).

AB298,25,16 (3) Nonpartisan candidates. (a) Annually on August 15, all moneys appropriated to the fund shall be apportioned as follows by the state treasurer:

AB298,25,20 1. If an election for state superintendent is scheduled in the following year, 8 percent of the fund shall be placed in a superintendency account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer.

AB298,25,23 2. If an election for justice is scheduled in the following year, 8 percent of the fund shall be placed in a justice account. From this account, an equal amount shall be disbursed to each eligible candidate by the state treasurer.

AB298,25,24 3. The balance shall be apportioned under sub. (4).

AB298,26,7 (b) If a vacancy occurs in the office of state superintendent after August 15 in any year and an election is scheduled to fill the vacancy at the spring election in the following year, the state treasurer shall transfer an amount not exceeding 8 percent of the moneys transferred to the fund on the preceding August 15 to the account for the office in which the vacancy occurs, those moneys to be drawn from any account within the accounts created under sub. (4) in the amount or amounts specified by the board.

AB298,26,9 (4) Partisan and special election candidates. (a) After apportionment under sub. (3), the remaining moneys shall constitute the partisan campaign account.

AB298,26,12 (b) In the partisan campaign account, 25 percent of the moneys shall be apportioned into an executive campaign account and 75 percent of the moneys shall be apportioned into a legislative and special election campaign account.

AB298,26,15 (c) The executive campaign account shall be divided into accounts for each executive office as provided in this paragraph. The apportionment of moneys in the executive campaign account shall be made as follows:

AB298,26,17 1. Sixty-seven percent to be apportioned between all eligible candidates for governor.

AB298,26,19 2. Eight percent to be apportioned between all eligible candidates for lieutenant governor.

AB298,26,21 3. Seventeen percent to be apportioned between all eligible candidates for attorney general.

AB298,26,23 4. Four percent to be apportioned between all eligible candidates for state treasurer.

AB298,26,25 5. Four percent to be apportioned between all eligible candidates for secretary of state.

AB298,27,5 (d) The legislative and special election campaign account shall be divided into a senate campaign account to receive 25 percent of the moneys and an assembly campaign account to receive 75 percent of the moneys. Each account shall then be apportioned between all eligible candidates for the same office in the entire state. No apportionment shall be made by legislative district.

AB298,27,14 (e) Each eligible candidate for the same office at a special election shall receive an amount equal to the maximum grant that was payable to any candidate for that office at the most recent spring or general election. The amount shall be drawn from the senate campaign account and the assembly campaign account in the same proportions as the balance in each account bears to the total balance in both accounts at the time that payments are made. Whenever there are insufficient moneys in the senate campaign account and the assembly campaign account to make the payments required by this paragraph, payments shall be proportionately reduced or discontinued by the board.

AB298,27,17 (f) Within the accounts established under this subsection for each office at each general election, the entire amount of all available moneys shall be apportioned equally to all eligible candidates.

AB298,27,21 (5) Time of disbursement. The state treasurer shall make the disbursements to the campaign depository account of each eligible candidate under subs. (3) and (4) by the end of the 3rd business day following notice from the board under s. 7.08 (2) (c) or (cm).

AB298,27,23 (5m) Combination of accounts. Eligible candidates for governor and lieutenant governor of the same political party may combine accounts if desired.

AB298,28,2 (6) Excess moneys. If the amounts which are to be apportioned to each eligible candidate under subs. (3) and (4) are more than the amount which a candidate may accept under sub. (9), or more than the amount which a candidate elects to accept under sub. (10), the excess moneys shall be retained in the fund.

AB298,28,5 (7) Utilization. Grants distributed under this section may be utilized only for deposit in a campaign depository account under s. 11.10. Grants may be expended only for one or more of the following:

AB298,28,6 (a) Purchase of services from a communications medium.

AB298,28,7 (b) Printing, graphic arts, or advertising services.

AB298,28,8 (c) Office supplies.

AB298,28,9 (d) Postage.

AB298,28,17 (8) Lapsing grants. All grants disbursed under sub. (5) remain the property of the state until disbursed or encumbered for a lawful purpose. All grant moneys that are unspent and unencumbered by a candidate on the day after the election in which the candidate participates shall revert to the state. All deposits and refunds derived from grant moneys that are received by a candidate at any time after the day of the election in which the candidate participates shall revert to the state. All reversions shall be returned to the board by the candidate. The board shall deposit the amounts received in the fund.

AB298,29,2 (9) Limitation on grants. The total grant available to an eligible candidate may not exceed the amount that, when added to all other contributions accepted from sources other than individuals, political party committees and legislative campaign committees, is equal to 45 percent of the disbursement level specified for the applicable office under s. 11.31. The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are not exceeded and any violation is reported. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.

AB298,29,5 (10) Voluntary limitation. Any eligible candidate may by written request limit his or her participation in the fund to a lesser amount than that authorized under sub. (9).

AB298,29,12 (10m) Return of grants. An individual who receives a grant prior to an election in which he or she is a candidate and who desires to return any portion of the grant shall return that portion no later than the 2nd Tuesday in October preceding a general election, the 4th Tuesday preceding a spring election or the 3rd Tuesday preceding a special election. A candidate who returns all or any portion of a grant under this subsection remains bound by the candidate's statement filed under sub. (2) (a).

AB298,29,13 (11) Use restricted. (a) No grant may be utilized in any primary.

AB298,29,16 (b) No person may expend, authorize the expenditure of, or incur any obligation to expend a grant for any purpose other than to advance the candidacy by lawful means of the specific candidate or candidates who qualify for the grant.

AB298,29,18 (c) No person may expend, authorize the expenditure of, or incur any obligation to expend a grant except for a purpose authorized by sub. (7).

AB298,29,21 (d) No person may authorize the expenditure of or incur any obligation to expend a grant or other contribution after the date of any election where the moneys contained in the contribution are returnable to the state under sub. (8).

AB298,29,25 (e) No candidate may expend, authorize the expenditure of, or incur any obligation to expend any grant if he or she violates the pledge required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h) or (i).

AB298,30,4 (f) No person may prepare or transmit to a registrant under this chapter or to the board any evidence which purports to demonstrate the amount or purpose for which a grant has been used if that evidence specifies an amount or purpose for which a payment is received other than the true amount or purpose.

AB298,30,8 (g) If any person violates pars. (a) to (f), the person is liable to the state in a civil action brought by the board for conversion, for treble the amount of the moneys wrongfully expended, and in addition is subject to penalties as provided in ss. 11.60 and 11.61.

AB298,30,16 (12) Proof of payment. No later than the next due date for continuing reports under s. 11.20 (4) which occurs at least 30 days after an election in which a candidate receives a grant, or no later than 30 days after each special election in which a candidate receives a grant, whichever is earlier, the candidate or his or her campaign treasurer shall deliver or transmit to the board by 1st class mail, sufficient proof of payment for all disbursements made from grants distributed under this section. This subsection does not restrict the authority of the board to audit records under ss. 5.05 (2) and 13.94 (1) (k).

AB298,30,18 (13) Donations to fund. Any committee or other person may make an unrestricted contribution to the fund by gift or bequest.

AB298,45 Section 45. 14.58 (20) of the statutes is created to read:

AB298,30,22 14.58 (20) Election campaign fund. Make disbursements to each candidate who is certified under s 7.08 (2) (c) or (cm) by the government accountability board as eligible to receive moneys from the Wisconsin election campaign fund.

AB298,46 Section 46. 20.511 (1) (q) of the statutes is created to read:

AB298,31,2 20.511 (1) (q) Wisconsin election campaign fund. From the Wisconsin election campaign fund, a sum sufficient equal to the amounts determined under s. 11.50 to provide grants to eligible candidates whose names are certified under s. 7.08 (2) (c) or (cm).

AB298,47 Section 47. 20.855 (4) (b) of the statutes is created to read:

AB298,31,6 20.855 (4) (b) Election campaign fund payments. A sum sufficient equal to the amounts determined under s. 71.10 (3) to be paid into the Wisconsin election campaign fund annually on August 15.

AB298,48 Section 48. 25.17 (1) (ys) of the statutes is created to read:

AB298,31,8 25.17 (1) (ys) Wisconsin election campaign fund (s. 25.42);

AB298,49 Section 49. 25.42 of the statutes is created to read:

AB298,31,14 25.42 Wisconsin election campaign fund. All moneys appropriated under s. 20.855 (4) (b) together with all moneys reverting to the state under s. 11.50 (8), and all gifts and bequests received under s. 11.50 (13), constitute the Wisconsin election campaign fund, to be expended for the purposes of s. 11.50. All moneys in the fund not disbursed by the state treasurer shall continue to accumulate indefinitely.

AB298,50 Section 50. 71.10 (3) of the statutes is created to read:

AB298,31,20 71.10 (3) Campaign fund. (a) Every individual filing an income tax return who has a tax liability or is entitled to a tax refund may designate $1 for the Wisconsin election campaign fund for the use of eligible candidates under s. 11.50. If the individuals filing a joint return have a tax liability or are entitled to a tax refund, each individual may make a designation of $1 under this subsection.

AB298,32,4 (b) The secretary of revenue shall provide a place for designations under par. (a) on the face of the individual income tax return and shall provide next to that place a statement that a designation will not increase income tax liability. Annually on August 15, the secretary of revenue shall certify to the government accountability board, the department of administration, and the state treasurer under s. 11.50 the total amount of designations made for the preceding fiscal year. If any individual attempts to place any condition or restriction upon a designation, the designation is invalid and the secretary of revenue shall not certify the designation as provided under this paragraph.

AB298,32,6 (c) The names of individuals making designations under this subsection are confidential.

AB298,51 Section 51. Nonstatutory provisions.

AB298,32,11 (1) The government accountability board shall allocate the amount transferred to the Wisconsin election campaign fund under Section 52 of this act within the subaccounts of the fund to reflect the same allocation that existed within the Wisconsin election campaign fund on June 30, 2011.

AB298,52 Section 52 . Fiscal changes.

AB298,32,14 (1) There is transferred $1,128,600 from the general fund to the Wisconsin election campaign fund, as created by this act.

AB298,53 Section 53. Initial applicability.

AB298,32,18 (1) This act, except for the treatment of section 71.10 (3) of the statutes, first applies with respect to grants payable for elections held at least 60 days after the effective date of this subsection.

AB298,32,23 (2) The treatment of section 71.10 (3) of the statutes first applies to taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31 the treatment of section 71.10 (3) of the statutes first applies to taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

AB298,32,24 (End)