AB387: Bill Text

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 Section 1. 5.02 (13) of the statutes is amended to read:

AB387,5,3 5.02 (13) "Political party" or "party" means a state committee registered under s. 11.05 organized exclusively for political purposes under whose name candidates appear on a ballot at any election, and all county, congressional, legislative, local and other affiliated committees authorized to operate under the same name. For purposes of ch. 11, the term does not include a legislative campaign committee or a committee filing an oath under s. 11.06 (7) has the meaning given in s. 11.0101 (26).

AB387,2 Section 2. 5.05 (2) of the statutes is amended to read:

AB387,5,14 5.05 (2) Auditing. In addition to the facial examination of reports and statements required under s. 11.21 (13) 11.1304 (9), the board shall conduct an audit of reports and statements which are required to be filed with it to determine whether violations of ch. 11 have occurred. The board may examine records relating to matters required to be treated in such reports and statements. The board shall make official note in the file of a candidate, committee , group or individual under ch. 11, as defined in s. 11.0101 (6), of any error or other discrepancy which the board discovers and shall inform the person submitting the report or statement. The board may not audit reports, statements, or records beyond the 3-year period for which a committee must retain records under ch. 11.

AB387,3 Section 3. 5.05 (2m) (d) 2. of the statutes is amended to read:

AB387,5,22 5.05 (2m) (d) 2. No employee of the board, while so employed, may become a candidate, as defined in s. 11.01 (1) 11.0101 (1), for a state or partisan local office. No individual who is retained by the board to serve as a special investigator or as special counsel may, while so retained, become a candidate, as defined in s. 11.01 (1) 11.0101 (1), for any state or local office. A filing officer shall decline to accept nomination papers or a declaration of candidacy from any individual who does not qualify to become a candidate under this paragraph.

AB387,4 Section 4. 5.05 (2m) (e) of the statutes is amended to read:

AB387,6,7 5.05 (2m) (e) No individual who serves as an employee of the board and no individual who is retained by the board to serve as a special investigator or a special counsel may, while so employed or retained, make a contribution , as defined in s. 11.01 (6), to a candidate for state or local office. No individual who serves as an employee of the board and no individual who is retained by the board to serve as a special investigator or as special counsel, for 12 months prior to becoming so employed or retained, may have made a contribution, as defined in s. 11.01 (6), to a candidate for a partisan state or local office. In this paragraph, contribution has the meaning given in s. 11.0101 (8).

AB387,5 Section 5. 5.05 (5e) of the statutes is amended to read:

AB387,6,17 5.05 (5e) Biennial report. The board shall include in its biennial report under s. 15.04 (1) (d) the names and duties of all individuals employed by the board and a summary of its determinations and advisory opinions issued under sub. (6a). Except as authorized or required under sub. (5s) (f) 2., the board shall make sufficient alterations in the summaries to prevent disclosing the identities of individuals or organizations involved in the decisions or opinions. The board may also include in its biennial report any information compiled under s. 11.21 (7) 11.1304 (14). The board shall make such further reports on the matters within its jurisdiction and such recommendations for further legislation as it deems desirable.

AB387,6 Section 6. 6.87 (3) (b) of the statutes is amended to read:

AB387,7,2 6.87 (3) (b) No elector may direct that a ballot be sent to the address of a candidate, political party or other registrant committee registered with the board under s. 11.05 chapter 11 unless the elector permanently or temporarily resides at that address. Upon receipt of reliable information that an address given by an elector is not eligible to receive ballots under this subsection, the municipal clerk shall refrain from mailing or transmitting ballots to that address. Whenever possible, the municipal clerk shall notify an elector if his or her ballot cannot be mailed or transmitted to the address directed by the elector.

AB387,7 Section 7. 7.23 (1) (d) of the statutes is amended to read:

AB387,7,6 7.23 (1) (d) Except as provided in s. 11.21 (11) (a), financial Financial reports may be destroyed 6 years after the date of receipt. Financial registration statements may be destroyed 6 years after termination of registration.

AB387,8 Section 8. 7.40 of the statutes is amended to read:

AB387,7,13 7.40 Sample ballots. Any individual, committee or candidate may, at their its own expense, and subject to limitations upon contributions and disbursements under ch. 11, may print a supply of sample ballots, provided they bear on their each sample ballot includes on its face the information required by s. 11.30 11.1303 (2) and they contain all the names shown on the official ballot. In this section, committee has the meaning given in s. 11.0101 (6).

AB387,9 Section 9. 7.50 (2) (em) of the statutes is amended to read:

AB387,7,23 7.50 (2) (em) Except as otherwise provided in this paragraph, write-in votes shall only be counted if no candidates have been certified to appear on the ballot. If candidates have a candidate has been certified to appear on the ballot, write-in votes may only be counted for candidates who file a candidate that files a registration statements statement under s. 11.05 (2g) 11.0202 (1) (a) no later than noon on the Friday immediately preceding the election. If a candidate certified to appear on the ballot dies or withdraws before the election, all write-in votes shall be counted. When write-in votes are counted, every vote shall be counted for the candidate for whom it was intended, if the elector's intent can be ascertained from the ballot itself.

AB387,10 Section 10. 8.05 (1) (j) 2. of the statutes is amended to read:

AB387,8,11 8.05 (1) (j) 2. Upon receipt of the notice, each candidate shall file a declaration of candidacy in the manner prescribed by s. 8.21 with the municipal clerk making the notification no later than 5 p.m. on the 5th day after the notification is mailed or personally delivered to the candidate by the municipal clerk, except as authorized in this paragraph. If an incumbent whose name is certified as a nominee fails to file a declaration of candidacy within the time prescribed by this paragraph, each certified candidate for the office held by the incumbent, other than the incumbent, may file a declaration of candidacy no later than 72 hours after the latest time prescribed in this paragraph. If the candidate has not filed a registration statement under s. 11.05 11.0202 (1) (a) at the time of the notification, the candidate shall file the statement with the declaration.

AB387,11 Section 11. 8.10 (5) of the statutes is amended to read:

AB387,8,21 8.10 (5) Nomination papers shall be accompanied by a declaration of candidacy under s. 8.21. If a candidate 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 or municipal judge 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. (2) (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. (2) (a).

AB387,12 Section 12. 8.15 (4) (b) of the statutes is amended to read:

AB387,9,6 8.15 (4) (b) 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. (1), 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. (1).

AB387,13 Section 13. 8.16 (2) (c) of the statutes is amended to read:

AB387,9,9 8.16 (2) (c) If the person is a candidate for state or local office, the person files a registration statement under s. 11.05 11.0202 (1) (a).

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.