AB387: Bill Text

AB387,14 Section 14. 8.20 (6) of the statutes is amended to read:

AB387,9,19 8.20 (6) Nomination papers shall be accompanied by a declaration of candidacy under s. 8.21. If a candidate for state or local office has not filed a registration statement under s. 11.05 11.0202 (1) (a) at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the board under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers under sub. (8) (a), or no later than 4:30 p.m. on the next business day after the last day whenever that candidate is granted an extension of time for filing nomination papers under sub. (8) (a).

AB387,15 Section 15. 8.30 (2) of the statutes is amended to read:

AB387,9,25 8.30 (2) If no registration statement has been filed by or on behalf of a candidate for state or local office in accordance with s. 11.05 (2g) or (2r) 11.0202 (1) (a) by the applicable deadline for filing nomination papers by such candidate, or the deadline for filing a declaration of candidacy for an office for which nomination papers are not filed, the name of the candidate may not appear on the ballot. This subsection may not be construed to exempt a candidate from applicable penalties if he or she files a registration statement later than the time prescribed in ss. 11.01 (1) and 11.05 (2g) s. 11.0202 (1) (a).

AB387,16 Section 16. 8.35 (2) (a) of the statutes is amended to read:

AB387,10,18 8.35 (2) (a) If a vacancy occurs after nomination due to the death of a candidate of a recognized political party for a partisan office, the vacancy may be filled by the chairperson of the committee of the proper political party under s. 7.38, or the personal campaign candidate committee, if any, in the case of independent candidates. Similar vacancies in nominations of candidates for nonpartisan local offices may be filled by the candidate's personal campaign a candidate committee or, if the candidate had there is none, by the body which governs the local governmental unit in which the deceased person was a candidate for office. The chairperson, chief officer of the candidate committee, or clerk of the body making an appointment shall file a certificate of appointment with the official or agency with whom declarations of candidacy for the office are filed. For purposes of this paragraph, the official or agency need not recognize members of a personal campaign candidate committee whose names were not filed under s. 11.05 11.0202 (1) (a) prior to the death of the candidate.

AB387,17 Section 17. 8.35 (2) (c) of the statutes is amended to read:

AB387,11,9 8.35 (2) (c) The official or agency with whom a proper certificate is filed under par. (b) shall promptly notify the candidate who is nominated and transmit to the candidate a declaration of candidacy form and, in the case of a candidate for state or local office, a financial registration statement form under s. 11.05 11.0203 (1). No later than 5 p.m. on the 3rd day after notification of nomination is mailed or personally delivered to the new nominee by the official or agency, the nominee shall file a declaration of candidacy and, in the case of a candidate for state or local office, a registration statement under s. 11.05 11.0203 (1). No later than 4:30 p.m. on the 3rd day after notification of nomination is mailed or personally delivered to a new nominee for state office or municipal judge by the official or agency, the nominee shall file a statement of economic interests under s. 19.43 (4). If the nominee fails to file the declaration of candidacy, the official or agency may refuse to place the candidate's name on the ballot. If the nominee fails to file the registration statement or statement of economic interests, the official or agency may not place the candidate's name on the ballot.

AB387,18 Section 18. 8.35 (4) (c) of the statutes is amended to read:

AB387,11,20 8.35 (4) (c) The transfer treasurer of the former candidate's committee shall be reported to the appropriate filing officer in a special report submitted by the former candidate's campaign treasurer submit to the appropriate filing officer a special report detailing the disposition of funds under par. (a) 1. If the former candidate is deceased and was serving as the treasurer of his or her own campaign treasurer committee, the former candidate's petitioner or personal representative shall file the report. The report shall include a complete statement of all contributions, disbursements, and incurred obligations, pursuant to s. 11.06 (1) 11.0204 (1), covering the period from the day after the last date covered on the former candidate's most recent report to the date of disposition.

AB387,19 Section 19. 8.35 (4) (d) of the statutes is amended to read:

AB387,11,25 8.35 (4) (d) The newly appointed candidate shall file his or her report at the next appropriate interval under s. 11.20 (2) or (4) 11.0204 after his or her appointment. The appointed candidate shall include any transferred funds in his or her first report.

AB387,20 Section 20. 8.35 (4) (e) of the statutes is amended to read:

AB387,12,3 8.35 (4) (e) Any person who violates this subsection may be punished as provided under s. 11.60 11.1400 or 11.61 11.1401.

AB387,21 Section 21. 8.50 (3) (a) of the statutes is amended to read:

AB387,12,20 8.50 (3) (a) Nomination papers may be circulated no sooner than the day the order for the special election is filed and shall be filed not later than 5 p.m. 28 days before the day that the special primary will or would be held, if required, except when a special election is held concurrently with the spring election or general election, the deadline for filing nomination papers shall be specified in the order and the date shall be no earlier than the date provided in s. 8.10 (2) (a) or 8.15 (1), respectively, and no later than 35 days prior to the date of the spring primary or no later than June 1 preceding the partisan primary. Nomination papers may be filed in the manner specified in s. 8.10, 8.15, or 8.20. Each candidate shall file a declaration of candidacy in the manner provided in s. 8.21 no later than the latest time provided in the order for filing nomination papers. If a candidate for state or local office has not filed a registration statement under s. 11.05 11.0202 (1) (a) at the time he or she files nomination papers, the candidate shall file the statement with the papers. A candidate for state office shall also file a statement of economic interests with the board no later than the end of the 3rd day following the last day for filing nomination papers specified in the order.

AB387,22 Section 22. 9.01 (5) (bm) of the statutes is amended to read:

AB387,13,8 9.01 (5) (bm) Upon the completion of its proceedings, a board of canvassers shall deliver to the board one copy of the minutes of the proceedings kept under par. (a). In addition, in the case of a recount of an election for state or national office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.05 (1) 11.0302 by the state committee of that political party, and in the case of a recount of an election for county office, for each candidate whose name appears on the ballot for that office under the name of a political party, the board of canvassers shall deliver one copy of the minutes to the chief officer, if any, who is named in any registration statement filed under s. 11.05 (1) 11.0302 by the county committee of that political party.

AB387,23 Section 23. 9.10 (2) (d) of the statutes is amended to read:

AB387,13,22 9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless the petitioner first files a registration statement under s. 11.05 (1) or (2) 11.0902 with the filing officer with whom the petition is filed. The petitioner shall append to the registration a statement indicating his or her intent to circulate a recall petition, the name of the officer for whom recall is sought and, in the case of a petition for the recall of a city, village, town, town sanitary district, or school district officer, a statement of a reason for the recall which is related to the official responsibilities of the official for whom removal is sought. No petitioner may circulate a petition for the recall of an officer prior to completing registration. The last date that a petition for the recall of an officer may be offered for filing is 5 p.m. on the 60th day commencing after registration. After the recall petition has been offered for filing, no name may be added or removed. No signature may be counted unless the date of the signature is within the period provided in this paragraph.

AB387,24 Section 24. Chapter 11 of the statutes is repealed and recreated to read:

AB387,13,24 Chapter 11

AB387,13,25 Campaign financing

AB387,14,1 subchapter i

AB387,14,2 general provisions

AB387,14,9 11.0100 Construction. This chapter shall be construed to impose the least possible restraint on persons whose activities do not directly affect the elective process, consistent with the right of the public to have a full, complete, and readily understandable accounting of those activities expressly advocating for or against candidates for office or for or against referendums. Nothing in this chapter may be construed to regulate issue discussion, debate, or advocacy; grassroots outreach or lobbying; nonpartisan voter registration or turnout efforts; or the rights of the media.

AB387,14,10 11.0101 Definitions. In this chapter:

AB387,14,11 (1) "Candidate" means an individual about whom any of the following applies:

AB387,14,13 (a) The individual takes any of the following affirmative actions to seek nomination or election to a state or local office:

AB387,14,14 1. Files nomination papers with the appropriate filing officer.

AB387,14,17 2. Is nominated as a candidate for state or local office by a caucus under s. 8.05 (1) or by a political party and the nomination is certified to the appropriate filing officer.

AB387,14,20 3. Receives a contribution, makes a disbursement, or gives consent for another person to receive a contribution or make a disbursement in order to bring about the individual's nomination or election to a state or local office.

AB387,14,22 (b) The individual holds a state or local office and is the subject of a recall petition.

AB387,14,23 (c) The individual holds a state or local office.

AB387,15,3 (2) "Candidate committee" means a committee authorized by a candidate or a candidate's agent to accept contributions or make disbursements in support of a candidate's campaign.

AB387,15,5 (3) "Charitable organization" means any organization described in section 170 (c) (2) of the Internal Revenue Code.

AB387,15,9 (4) "Candidate's agent" means an individual who has control over the day-to-day operation of the candidate committee, but does not include an employee of a political party or a legislative campaign committee that is not also an employee of the candidate.

AB387,15,11 (5) "Clearly identified" means any of the following with regard to a communication supporting or opposing a candidate:

AB387,15,12 (a) The candidate's name appears or is stated.

AB387,15,13 (b) A photograph or drawing of the candidate appears.

AB387,15,14 (c) The candidate's identity is apparent by unambiguous reference.

AB387,15,17 (6) "Committee" means a candidate committee, legislative campaign committee, political action committee, independent expenditure committee, political party, recall committee, and referendum committee.

AB387,15,22 (7) "Conduit" means a person other than an individual that receives a contribution of money, deposits the contribution in an account held by the person, and releases the contribution to a candidate committee, legislative campaign committee, political party, or political action committee at the direction of the contributor.

AB387,15,23 (8) (a) Except as provided in par. (b), "contribution" means any of the following:

AB387,15,24 1. A gift, subscription, loan, advance, or transfer of money to a committee.

AB387,16,2 2. With the committee's consent under s. 11.1109, a transfer of tangible personal property or services to a committee, valued as provided under s. 11.1105.

AB387,16,3 3. A transfer of funds between committees.

AB387,16,5 4. The purchase of a ticket for a fundraising event for a committee regardless of whether the ticket is used to attend the event.

AB387,16,6 (b) "Contribution" does not include any of the following:

AB387,16,8 1. Services that an individual provides to a committee, if the individual is not specifically compensated for providing the services to the committee.

AB387,16,10 2. Any unreimbursed travel expenses that an individual incurs to volunteer his or her personal services to a committee.

AB387,16,11 3. The costs of preparing and transmitting personal correspondence.

AB387,16,12 4. Interest earned on an interest-bearing account.

AB387,16,13 5. Rebates or awards earned in connection with the use of a debit or credit card.

AB387,16,15 6. A loan from a commercial lending institution that the institution makes in its ordinary course of business.

AB387,16,18 7. The reuse of surplus materials or the use of unused surplus materials acquired in connection with a previous campaign for or against the same candidate, political party, or recall if the materials were previously reported as a contribution.

AB387,16,20 8. The cost of invitations, food, and beverages in connection with an event held in a private residence on behalf of a candidate committee.

AB387,16,23 9. Any written news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other regularly published publication, unless a committee owns the facilities.

AB387,17,4 (9) "Corporation" includes a foreign limited liability company, as defined in s. 183.0102 (8) and a limited liability company, as defined in s. 183.0102 (10), if the foreign limited liability company or the limited liability company elect to be treated as a corporation by the federal internal revenue service, pursuant to 26 CFR 301.7701-3, or if the foreign limited liability company or the limited liability company has publicly traded shares.

AB387,17,5 (10) (a) "Disbursement" means any of the following:

AB387,17,6 1. An expenditure by a committee from the committee's depository account.

AB387,17,7 2. The transfer of tangible personal property or services by a committee.

AB387,17,8 3. A transfer of funds between committees.

AB387,17,12 (b) "Disbursement" does not include any written news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other regularly published publication, unless a committee owns the facilities.

AB387,17,15 (11) "Express advocacy" means communication that contains terms such as the following or their functional equivalents with reference to a clearly identified candidate and that unambiguously relates to the campaign of that candidate:

AB387,17,16 (a) "Vote for".

AB387,17,17 (b) "Elect".

AB387,17,18 (c) "Support".

AB387,17,19 (d) "Cast your ballot for".

AB387,17,20 (e) "Smith for ... (an elective office)".

AB387,17,21 (f) "Vote against".

AB387,17,22 (g) "Defeat".

AB387,17,23 (h) "Reject".

AB387,17,24 (i) "Cast your ballot against".

AB387,18,3 (12) "Federal account committee" means a committee of a state political party organization that makes contributions to candidates for national office and is registered with the federal election commission.

AB387,18,6 (13) "Federal candidate committee" means a committee of a candidate for the U.S. senate or house of representatives from this state that the candidate designates under 2 USC 432 (e).

AB387,18,8 (14) "Filing officer" means the board or official assigned to a committee or conduit under s. 11.0102.

AB387,18,14 (15) "General election" means the election held in even-numbered years on the Tuesday after the first Monday in November to elect United States senators, representatives in congress, presidential electors, state senators, representatives to the assembly, district attorneys, state officers other than the state superintendent and judicial officers, and county officers other than supervisors and county executives.

AB387,18,18 (16) "Independent expenditure" means an expenditure for express advocacy by a person, if the expenditure is not made in coordination with a candidate, candidate committee, candidate's agent, legislative campaign committee, or political party, as prohibited under s. 11.1203.

AB387,18,22 (17) "Independent expenditure committee" means any person, other than an individual, or any permanent or temporary combination of 2 or more persons unrelated by marriage, formed for the major purpose of making independent expenditures.

AB387,18,23 (18) "Intentionally" has the meaning given in s. 939.23 (3).

AB387,18,25 (19) "Legislative campaign committee" means a committee organized in either house of the legislature to support a candidate of a political party for legislative office.

AB387,19,3 (20) "Major purpose" means a person's major purpose as specified in the person's organizational documents or as indicated by the person to the board. In this subsection, "person" does not include an individual.

AB387,19,5 (21) "National political party committee" means a national committee as defined in 2 USC 431 (14).

AB387,19,6 (22) "Negotiable instrument" includes an electronic transfer of funds.

AB387,19,8 (23) "Obligation" means any express agreement to make a disbursement, including all of the following:

AB387,19,9 (a) A loan or loan guarantee.

AB387,19,11 (b) A promise or a payment to purchase, rent, or lease tangible personal property.

AB387,19,12 (c) A promise or a payment for a service that has been or will be performed.