5. Independent expenditure committees.
6. Conduits.
7. Referendum committees.
8. Recall committees.
Each entity that is required to register must appoint a treasurer or, in the case
of a conduit, an administrator to comply with the registration and reporting
requirements under the bill. A candidate may serve as the treasurer of his or her
candidate committee, but the candidate may only accept contributions and make
disbursements through his or her committee.
The bill defines a "political action committee" as an entity that has express
advocacy as its major purpose, as specified in the committee's organizational
documents or as indicated by the committee to the board.
Under the bill "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:
1. "Vote for".
2. "Elect".
3. "Support".
4. "Cast your ballot for".
5. "Smith for ... (an elective office)".
6. "Vote against".
7. "Defeat".
8. "Reject".
9. "Cast your ballot against".
The bill defines "independent expenditure committee" as any person, other
than an individual, or any permanent or temporary combination of persons
unrelated by marriage, formed for the major purpose of making independent
expenditures. The bill defines "independent expenditure" as an expenditure for
express advocacy that is not made in coordination with a candidate, candidate
committee, candidate's agent, legislative campaign committee, or political party.
Reporting
All committees required to register under the bill must file periodic reports with
the board. The committees report all contributions, disbursements, and obligations
received, made, and incurred by the committee. A conduit reports all contributions
released to support or oppose a candidate or committee. Committees and conduits,
generally, submit the following reports:
1. A preprimary report. Conduits are not required to submit these reports.
2. A preelection report. Conduits are not required to submit these reports.
3. With regard to a spring primary or spring election, a report filed on the 15th
day of January, April, July, and October.
4. With regard to other primaries and elections, or for those holding office not
up for election, in an odd-numbered year, a report on filed on the 15th day of January,
April, July, and October and, in the even numbered year, a report filed on the 15th
day of January, April, and July and on the fourth Tuesday in September.
Under the bill, if a political action committee, an independent expenditure
committee, or a person who is not otherwise subject to reporting spends $5,000 or
more in the aggregate on express advocacy during the period beginning 60 days prior
to an election and ending on the day of the election, the committee or person must
submit a report to the board no later than 48 hours after making the expenditures.
The report must provide all of the following:
1. The dates on which the committee or person made the expenditures.
2. The names and addresses of the persons who received the expenditures.
3. The purpose for making the expenditures.
4. The amount spent for each act of express advocacy.
5. The name of the candidate affected by the expenditures.
6. An affirmation, made under oath, that the person will comply with the
prohibition on coordination, as provided under the bill.
7. The name and address of the designated agent of the committee or person.
A person which is not a committee required to register under the bill does not
have to register simply because that person reports expenditures for express
advocacy made during the 60-day period prior to the election.
Contributions
The bill doubles the contribution limits under current law applicable to
candidates for state or local office. Under the bill, every five years, beginning in 2021,
the board will adjust the contribution limits to reflect the percentage change in the
consumer price index during the preceding five-year period.
The bill allows the following contributions to be made in unlimited amounts:
1. Contributions to a political action committee.
2. Contributions transferred between political action committees.
3. Contributions to a legislative campaign committee, except that a political
action committee may contribute no more than $12,000 in any calendar year to a
legislative campaign committee.
4. Contributions to a political party, except that a political action committee
may contribute no more than $12,000 in any calendar year to a political party.
5. Contributions made by a political party or legislative campaign committee
to a candidate committee.
6. Contributions paid to a segregated fund established and administered by a
political party or legislative campaign committee for purposes other than making
contributions to a candidate committee.
7. Contributions that a candidate makes to his or her candidate committee from
the candidate's personal funds.
8. Contributions transferred between the candidates for governor and
lieutenant governor of the same political party.
9. Contributions used to pay legal fees and other expenses incurred as a result
of a recount.
10. Contributions used to pay legal fees and other expenses incurred in
connection with a recall.
11. Contributions to a recall committee.
12. Contributions to a referendum committee.
The bill prohibits corporations, cooperatives, labor organizations, and tribes
from contributing to committees, other than independent expenditure committees
and referendum committees. The bill also allows corporations, cooperatives, labor
organizations, and tribes to contribute to a segregated fund established and
administered by a political party or legislative campaign committee for purposes
other than making contributions to a candidate committee.
Coordination
The bill prohibits a person from making an expenditure for express advocacy
that is coordinated with a candidate, candidate committee, candidate's agent,
legislative campaign committee, or political party and that exceeds the contribution
limits or violates the source restrictions established in the bill. An expenditure for
express advocacy is coordinated with such individuals or entities if the individual or
entity exercises control over or engages in substantial discussions with the person
making the expenditure regarding the content, timing, form, or frequency of the
express advocacy. A coordinated expenditure must be reported by the candidate
committee as a contribution.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB387,1
1Section
1. 5.02 (13) of the statutes is amended to read:
AB387,5,32
5.02
(13) "Political party"
or "party" means a state committee registered under
3s. 11.05 organized exclusively for political purposes under whose name candidates
4appear on a ballot at any election, and all county, congressional, legislative, local and
1other affiliated committees authorized to operate under the same name. For
2purposes of ch. 11, the term does not include a legislative campaign committee or a
3committee filing an oath under s. 11.06 (7) has the meaning given in s. 11.0101 (26).
AB387,2
4Section
2. 5.05 (2) of the statutes is amended to read:
AB387,5,145
5.05
(2) Auditing. In addition to the facial examination of reports and
6statements required under s.
11.21 (13) 11.1304 (9), the board shall conduct an audit
7of reports and statements which are required to be filed with it to determine whether
8violations of ch. 11 have occurred. The board may examine records relating to
9matters required to be treated in such reports and statements. The board shall make
10official note in the file of a
candidate, committee
, group or individual under ch. 11,
11as defined in s. 11.0101 (6), of any error or other discrepancy which the board
12discovers and shall inform the person submitting the report or statement.
The board
13may not audit reports, statements, or records beyond the 3-year period for which a
14committee must retain records under ch. 11.
AB387,3
15Section
3. 5.05 (2m) (d) 2. of the statutes is amended to read:
AB387,5,2216
5.05
(2m) (d) 2. No employee of the board, while so employed, may become a
17candidate, as defined in s.
11.01 (1) 11.0101 (1), for a state or partisan local office.
18No individual who is retained by the board to serve as a special investigator or as
19special counsel may, while so retained
, become a candidate, as defined in s.
11.01 (1) 2011.0101 (1), for any state or local office. A filing officer shall decline to accept
21nomination papers or a declaration of candidacy from any individual who does not
22qualify to become a candidate under this paragraph.
AB387,4
23Section
4. 5.05 (2m) (e) of the statutes is amended to read:
AB387,6,724
5.05
(2m) (e) No individual who serves as an employee of the board and no
25individual who is retained by the board to serve as a special investigator or a special
1counsel may, while so employed or retained, make a contribution
, as defined in s. 211.01 (6), to a candidate for state or local office. No individual who serves as an
3employee of the board and no individual who is retained by the board to serve as a
4special investigator or as special counsel, for 12 months prior to becoming so
5employed or retained, may have made a contribution
, as defined in s. 11.01 (6), to a
6candidate for a partisan state or local office.
In this paragraph, contribution has the
7meaning given in s. 11.0101 (8).
AB387,5
8Section
5. 5.05 (5e) of the statutes is amended to read:
AB387,6,179
5.05
(5e) Biennial report. The board shall include in its biennial report under
10s. 15.04 (1) (d) the names and duties of all individuals employed by the board and a
11summary of its determinations and advisory opinions issued under sub. (6a). Except
12as authorized or required under sub. (5s) (f) 2., the board shall make sufficient
13alterations in the summaries to prevent disclosing the identities of individuals or
14organizations involved in the decisions or opinions. The board may also include in
15its biennial report any information compiled under s.
11.21 (7) 11.1304 (14). The
16board shall make such further reports on the matters within its jurisdiction and such
17recommendations for further legislation as it deems desirable.
AB387,6
18Section
6. 6.87 (3) (b) of the statutes is amended to read:
AB387,7,219
6.87
(3) (b) No elector may direct that a ballot be sent to the address of a
20candidate, political party or other registrant committee registered with the board 21under
s. 11.05 chapter 11 unless the elector permanently or temporarily resides at
22that address. Upon receipt of reliable information that an address given by an elector
23is not eligible to receive ballots under this subsection, the municipal clerk shall
24refrain from mailing or transmitting ballots to that address. Whenever possible, the
1municipal clerk shall notify an elector if his or her ballot cannot be mailed or
2transmitted to the address directed by the elector.
AB387,7
3Section
7. 7.23 (1) (d) of the statutes is amended to read:
AB387,7,64
7.23
(1) (d)
Except as provided in s. 11.21 (11) (a), financial Financial reports
5may be destroyed 6 years after the date of receipt. Financial registration statements
6may be destroyed 6 years after termination of registration.
AB387,8
7Section
8. 7.40 of the statutes is amended to read:
AB387,7,13
87.40 Sample ballots. Any
individual, committee
or candidate may, at
their 9its own expense
, and subject to limitations upon contributions and disbursements
10under ch. 11,
may print a supply of sample ballots, provided
they bear on their each
11sample ballot includes on its face the information required by s.
11.30 11.1303 (2) and
12they contain all the names shown on the official ballot.
In this section, committee
13has the meaning given in s. 11.0101 (6).
AB387,9
14Section
9. 7.50 (2) (em) of the statutes is amended to read:
AB387,7,2315
7.50
(2) (em) Except as otherwise provided in this paragraph, write-in votes
16shall only be counted if no candidates have been certified to appear on the ballot. If
17candidates have a candidate has been certified to appear on the ballot, write-in votes
18may only be counted for
candidates who file a candidate that files a registration
19statements statement under s.
11.05 (2g) 11.0202 (1) (a) no later than noon on the
20Friday immediately preceding the election. If a candidate certified to appear on the
21ballot dies or withdraws before the election, all write-in votes shall be counted.
22When write-in votes are counted, every vote shall be counted for the candidate for
23whom it was intended, if the elector's intent can be ascertained from the ballot itself.
AB387,10
24Section
10. 8.05 (1) (j) 2. of the statutes is amended to read:
AB387,8,11
18.05
(1) (j) 2. Upon receipt of the notice, each candidate shall file a declaration
2of candidacy in the manner prescribed by s. 8.21 with the municipal clerk making the
3notification no later than 5 p.m. on the 5th day after the notification is mailed or
4personally delivered to the candidate by the municipal clerk, except as authorized
5in this paragraph. If an incumbent whose name is certified as a nominee fails to file
6a declaration of candidacy within the time prescribed by this paragraph, each
7certified candidate for the office held by the incumbent, other than the incumbent,
8may file a declaration of candidacy no later than 72 hours after the latest time
9prescribed in this paragraph. If the candidate has not filed a registration statement
10under s.
11.05 11.0202 (1) (a) at the time of the notification, the candidate shall file
11the statement with the declaration.
AB387,11
12Section
11. 8.10 (5) of the statutes is amended to read:
AB387,8,2113
8.10
(5) Nomination papers shall be accompanied by a declaration of candidacy
14under s. 8.21. If a candidate has not filed a registration statement under s.
11.05 1511.0202 (1) (a) at the time he or she files nomination papers, the candidate shall file
16the statement with the papers. A candidate for state office or municipal judge shall
17also file a statement of economic interests with the board under s. 19.43 (4) no later
18than 4:30 p.m. on the 3rd day following the last day for filing nomination papers
19under sub. (2) (a), or no later than 4:30 p.m. on the next business day after the last
20day whenever that candidate is granted an extension of time for filing nomination
21papers under sub. (2) (a).
AB387,12
22Section
12. 8.15 (4) (b) of the statutes is amended to read:
AB387,9,623
8.15
(4) (b) Nomination papers shall be accompanied by a declaration of
24candidacy under s. 8.21. If a candidate for state or local office has not filed a
25registration statement under s.
11.05 11.0202 (1) (a) at the time he or she files
1nomination papers, the candidate shall file the statement with the papers. A
2candidate for state office shall also file a statement of economic interests with the
3board under s. 19.43 (4) no later than 4:30 p.m. on the 3rd day following the last day
4for filing nomination papers under sub. (1), or no later than 4:30 p.m. on the next
5business day after the last day whenever that candidate is granted an extension of
6time for filing nomination papers under sub. (1).
AB387,13
7Section
13. 8.16 (2) (c) of the statutes is amended to read:
AB387,9,98
8.16
(2) (c) If the person is a candidate for state or local office, the person files
9a registration statement under s.
11.05 11.0202 (1) (a).
AB387,14
10Section
14. 8.20 (6) of the statutes is amended to read:
AB387,9,1911
8.20
(6) Nomination papers shall be accompanied by a declaration of candidacy
12under s. 8.21. If a candidate for state or local office has not filed a registration
13statement under s.
11.05 11.0202 (1) (a) at the time he or she files nomination papers,
14the candidate shall file the statement with the papers. A candidate for state office
15shall also file a statement of economic interests with the board under s. 19.43 (4) no
16later than 4:30 p.m. on the 3rd day following the last day for filing nomination papers
17under sub. (8) (a), or no later than 4:30 p.m. on the next business day after the last
18day whenever that candidate is granted an extension of time for filing nomination
19papers under sub. (8) (a).
AB387,15
20Section
15. 8.30 (2) of the statutes is amended to read:
AB387,9,2521
8.30
(2) If no registration statement has been filed by or on behalf of a candidate
22for state or local office in accordance with s.
11.05 (2g) or (2r) 11.0202 (1) (a) by the
23applicable deadline for filing nomination papers by such candidate, or the deadline
24for filing a declaration of candidacy for an office for which nomination papers are not
25filed, the name of the candidate may not appear on the ballot. This subsection may
1not be construed to exempt a candidate from applicable penalties if he or she files a
2registration statement later than the time prescribed in
ss. 11.01 (1) and 11.05 (2g) 3s. 11.0202 (1) (a).
AB387,16
4Section
16. 8.35 (2) (a) of the statutes is amended to read:
AB387,10,185
8.35
(2) (a) If a vacancy occurs after nomination due to the death of a candidate
6of a recognized political party for a partisan office, the vacancy may be filled by the
7chairperson of the committee of the proper political party under s. 7.38, or the
8personal campaign candidate committee, if any, in the case of independent
9candidates. Similar vacancies in nominations of candidates for nonpartisan local
10offices may be filled by
the candidate's personal campaign a candidate committee or,
11if
the candidate had there is none, by the body which governs the local governmental
12unit in which the deceased person was a candidate for office. The chairperson, chief
13officer of the
candidate committee, or clerk of the body making an appointment shall
14file a certificate of appointment with the official or agency with whom declarations
15of candidacy for the office are filed. For purposes of this paragraph, the official or
16agency need not recognize members of a
personal campaign candidate committee
17whose names were not filed under s.
11.05 11.0202 (1) (a) prior to the death of the
18candidate.
AB387,17
19Section
17. 8.35 (2) (c) of the statutes is amended to read:
AB387,11,920
8.35
(2) (c) The official or agency with whom a proper certificate is filed under
21par. (b) shall promptly notify the candidate who is nominated and transmit to the
22candidate a declaration of candidacy form and, in the case of a candidate for state or
23local office, a
financial registration statement form under s.
11.05 11.0203 (1). No
24later than 5 p.m. on the 3rd day after notification of nomination is mailed or
25personally delivered to the new nominee by the official or agency, the nominee shall
1file a declaration of candidacy and, in the case of a candidate for state or local office,
2a registration statement under s.
11.05 11.0203 (1). No later than 4:30 p.m. on the
33rd day after notification of nomination is mailed or personally delivered to a new
4nominee for state office or municipal judge by the official or agency, the nominee shall
5file a statement of economic interests under s. 19.43 (4). If the nominee fails to file
6the declaration of candidacy, the official or agency may refuse to place the candidate's
7name on the ballot. If the nominee fails to file the registration statement or
8statement of economic interests, the official or agency may not place the candidate's
9name on the ballot.
AB387,18
10Section
18. 8.35 (4) (c) of the statutes is amended to read:
AB387,11,2011
8.35
(4) (c) The
transfer treasurer of the former candidate's committee shall
be
12reported to the appropriate filing officer in a special report submitted by the former
13candidate's campaign treasurer submit to the appropriate filing officer a special
14report detailing the disposition of funds under par. (a) 1. If the former candidate is
15deceased and was serving as
the treasurer of his or her own campaign
treasurer 16committee, the former candidate's petitioner or personal representative shall file the
17report. The report shall include a complete statement of all contributions,
18disbursements
, and incurred obligations
, pursuant to s.
11.06 (1) 11.0204 (1), 19covering the period from the day after the last date covered on the former candidate's
20most recent report to the date of disposition.