AB605,22
4Section
22. 11.07 (2) of the statutes is amended to read:
AB605,11,195
11.07
(2) During any period within which any individual or organization under
6sub. (1) fails to appoint or maintain in this state a registered agent, or whenever any
7such registered agent cannot with reasonable diligence be found at the street address
8listed on the registration, the
secretary of state
board shall be an agent and
9representative of such individual or organization upon whom any process, notice
, or
10demand may be served. Service on the
secretary of state board of any such process,
11notice
, or demand against any such individual or organization shall be made by
12delivering to and leaving with the
secretary of state, or with any clerk having charge
13of the secretary's office, board duplicate copies of such process, notice
, or demand.
14If any process, notice
, or demand is served on the
secretary of state, he or she board,
15the board shall immediately cause one of such copies to be forwarded by registered
16mail, addressed to such individual, committee or group at its mailing address as the
17same appears in the records of the
secretary of state
board. The time within which
18the defendant may demur or answer does not start to run until 10 days after the date
19of such mailing.
AB605,23
20Section
23. 11.07 (3) of the statutes is amended to read:
AB605,12,621
11.07
(3) The
secretary of state
board shall keep a record of all processes,
22notices, and demands served upon the
secretary of state board under this section that
23shows the date and hour of service and the date of mailing. The certificate of the
24secretary of state board that a summons and complaint, notice of object of action, or
25any notice or demand required or permitted by law was served upon the
secretary
1of state board and that the same was mailed by the
secretary of state board as
2required by law, shall be evidence of service upon the
secretary of state board. If the
3address of the individual, committee, or group is not known or readily ascertainable,
4mailing is dispensed with, and a copy of the process shall be published as a class 1
5notice, under ch. 985, in the county in which the last-known registered agent was
6located or, if unknown, in Dane County.
AB605,24
7Section
24. 11.12 (6) of the statutes is amended to read:
AB605,12,258
11.12
(6) If any disbursement of more than
$20 $300 cumulatively is made to
9advocate the election or defeat of a clearly identified candidate by an individual or
10committee later than 15 days prior to a primary or election in which the candidate's
11name appears on the ballot without cooperation or consultation with a candidate or
12agent or authorized committee of a candidate who is supported or opposed, and not
13in concert with or at the request or suggestion of such a candidate, agent
, or
14committee, but such that the disbursement is not included in a preprimary or
15preelection report submitted under s. 11.20 (3), the individual or treasurer of the
16committee shall, within 48 hours of making the disbursement, inform the
17appropriate filing officer of the information required under s. 11.06 (1) in such
18manner as the board may prescribe. The information shall also be included in the
19next regular report of the individual or committee under s. 11.20. For purposes of
20this subsection, disbursements cumulate beginning with the day after the last date
21covered on the preprimary or preelection report and ending with the day before the
22primary or election. Upon receipt of a report under this subsection, the filing officer
23shall, within 24 hours of receipt, mail a copy of the report to all candidates for any
24office in support of or opposition to one of whom a disbursement identified in the
25report is made.
AB605,25
1Section
25. 11.12 (7) of the statutes is created to read:
AB605,13,222
11.12
(7) If any registrant makes or incurs an obligation to make a
3disbursement of more than $300 cumulatively for the purpose of making a
4communication specified in s. 11.01 (16) (a) 4. later than 60 days prior to a primary
5or other election without cooperation or consultation with any candidate or agent or
6authorized committee of any candidate who is supported or opposed, and not in
7concert with or at the request or suggestion of any such candidate, agent, or
8committee, the registrant shall, within 24 hours after making the disbursement or
9incurring the obligation to make the disbursement, inform the appropriate filing
10officer of the information required under s. 11.06 (1) in such manner as the board may
11prescribe. The registrant shall also include the information in the next regular
12report of the registrant under s. 11.20. For purposes of this subsection,
13disbursements and obligations cumulate beginning with the day after the last date
14covered on the registrant's immediately preceding report and ending with the day
15before the election. If a registrant has not filed a previous report, disbursements and
16obligations cumulate beginning on the date of the registrant's registration. A
17disbursement that was previously reported in a report under this subsection as
18obligated to be made shall not be included in the cumulative total. Upon receipt of
19a report under this subsection, the filing officer shall, within 24 hours of receipt,
20transmit a copy of the report to all candidates for any office in support of or opposition
21to one of whom a disbursement identified in the report is made or obligated to be
22made.
AB605,26
23Section
26. 11.19 (1) of the statutes is amended to read:
AB605,14,1524
11.19
(1) Whenever any registrant disbands or determines that obligations will
25no longer be incurred, and contributions will no longer be received nor disbursements
1made during a calendar year, and the registrant has no outstanding incurred
2obligations, the registrant shall file a termination report with the appropriate filing
3officer. Such report shall indicate a cash balance on hand of zero at the end of the
4reporting period and shall indicate the disposition of residual funds.
In this
5subsection, residual funds includes any assets transferred to the registrant and
6having a value of $1,000 or greater. Residual funds may be used for any political
7purpose not prohibited by law, returned to the donors in an amount not exceeding the
8original contribution, or donated to a charitable organization or the common school
9fund. The report shall be filed and certified as were previous reports, and shall
10contain the information required by s. 11.06 (1). A registrant to which s. 11.055 (1)
11applies shall pay the fee imposed under that subsection with a termination report
12filed under this subsection. If a termination report or suspension report under sub.
13(2) is not filed, the registrant shall continue to file periodic reports with the
14appropriate filing officer, no later than the dates specified in s. 11.20. This subsection
15does not apply to any registrant making an indication under s. 11.05 (2r).
AB605,27
16Section
27. 11.20 (4) of the statutes is amended to read:
AB605,14,2417
11.20
(4) Continuing reports under s. 11.06 (1) by committees or individuals
18supporting or opposing candidates for office, including committees of a political
19party, and by individuals, groups or corporations supporting or opposing a
20referendum shall be received by the appropriate filing officer no earlier than January
211 and no later than January
31 20; and no earlier than July 1 and no later than July
2220. Individuals, committees, groups and corporations to which s. 11.055 (1) applies
23shall pay the fee imposed under that subsection with their continuing reports filed
24in January of each year.
AB605,28
25Section
28. 11.20 (8) (b) of the statutes is amended to read:
AB605,15,2
111.20
(8) (b) December 31 in the case of the continuing report required by
2January
31 20.
AB605,29
3Section
29. 11.20 (10) (a) of the statutes is amended to read:
AB605,15,104
11.20
(10) (a) Where a requirement is imposed under this section for the filing
5of a financial report which is to be received by the appropriate filing officer no later
6than a certain date, the requirement may be satisfied either by actual receipt of the
7report by the prescribed time for filing at the office of the filing officer
, or by filing a
8report with the U.S. postal service by first class mail with sufficient prepaid postage,
9addressed to the appropriate filing officer, no later than the date provided by law for
10receipt of such report.
AB605,30
11Section
30. 11.20 (10) (c) of the statutes is repealed.
AB605,31
12Section
31. 11.21 (2) of the statutes is amended to read:
AB605,16,313
11.21
(2) Furnish Not earlier than 21 days and not later than 14 days prior to
14the applicable filing deadline under s. 11.20, provide to each registrant
the 15prescribed forms for
the making
of reports and statements
. Forms shall be sent by
161st class mail not earlier than 21 days and not later than 14 days prior to the
17applicable filing deadline under s. 11.20, and addressed to the attention of the
18treasurer or other person indicated on the registration statement. Forms need not
19be sent to a registrant who has made an indication that aggregate contributions,
20disbursements and obligations will not exceed the amount specified under s. 11.05
21(2r) or to a registrant who has been granted a suspension under s. 11.19 (2). Forms
22for reports shall not be sent by the board to a registrant if the registrant is required
23to file reports with the board in an electronic format. Whenever any notice of filing
24requirements under this chapter is sent to a candidate's campaign treasurer, the
25board shall also send a notice to the candidate if he or she has appointed a separate
1treasurer. Failure to receive any form or notice does not exempt a registrant from
2compliance with this chapter electronically or, at the registrant's request, by 1st class
3mail addressed to the treasurer indicated on the registration statement.
AB605,32
4Section
32. 11.21 (16) of the statutes is amended to read:
AB605,17,35
11.21
(16) Require each registrant for whom the board serves as filing officer
6and who or which accepts contributions in a total amount or value of
$20,000 $10,000 7or more during a campaign period to file each campaign finance report that is
8required to be filed under this chapter in an electronic format, and accept from any
9other registrant for whom the board serves as a filing officer any campaign finance
10report that is required to be filed under this chapter in an electronic format. A
11registrant who or which becomes subject to a requirement to file reports in an
12electronic format under this subsection shall initially file the registrant's report in
13an electronic format for the period which includes the date on which the registrant
14becomes subject to the requirement. To facilitate implementation of this subsection,
15the board shall specify, by rule, a type of software that is suitable for compliance with
16the electronic filing requirement under this subsection. The software shall allow an
17authorized individual to provide an electronic signature, as defined in s. 137.11 (8),
18that is subject to a security procedure, as defined in s. 137.11 (13). The board shall
19provide copies of the software to registrants at a price fixed by the board that may
20not exceed cost. A registrant who or which files a report under this subsection in an
21electronic format may file with the board that portion of the report signed by an
22authorized individual rather than submit the electronic signature of that individual.
23The board shall provide complete instructions to any registrant who or which files
24a report under this subsection. In this subsection, the "campaign period" of a
25candidate, personal campaign committee or support committee begins and ends with
1the "campaign" of the candidate whose candidacy is supported, as defined in s. 11.26
2(17), and the "campaign period" of any other registrant begins on January 1 of each
3odd-numbered year and ends on December 31 of the following year.
AB605,33
4Section
33. 11.22 (3) of the statutes is amended to read:
AB605,17,195
11.22
(3) Furnish Not earlier than 21 days and not later than 14 days prior to
6the applicable filing deadline under s. 11.20, provide to each registrant
the 7prescribed forms for
the making
of reports and statements
. Forms shall be sent by
81st class mail not earlier than 21 days and not later than 14 days prior to the
9applicable filing deadline under s. 11.20 and addressed to the attention of the
10treasurer or other person indicated on the registration statement. Forms need not
11be sent to a registrant who has made an indication that aggregate contributions,
12disbursements and obligations will not exceed the amount specified under s. 11.05
13(2r) or to a registrant who has been granted a suspension under s. 11.19 (2).
14Whenever any notice of the filing requirements under this chapter is sent to a
15candidate's campaign treasurer, the filing officer shall also send a notice to the
16candidate if he or she has appointed a separate treasurer. Failure to receive any form
17or notice does not exempt a registrant from compliance with this chapter 18electronically or, at the registrant's request, by 1st class mail addressed to the
19treasurer indicated on the registration statement.
AB605,34
20Section
34. 11.26 (2) (a) of the statutes is renumbered 11.26 (2) (a) (intro.) and
21amended to read:
AB605,17,2222
11.26
(2) (a) (intro.) Candidates for
governor, lieutenant the following:
AB605,17,23
232. Lieutenant governor,
secretary
$12,939.
AB605,18,3
13. Secretary of state, state treasurer,
attorney general, state superintendent,
2or justice,
4 percent of the value of the disbursement level specified in the schedule
3under s. 11.31 (1) $8,625.
AB605,35
4Section
35. 11.26 (2) (a) 1. of the statutes is created to read:
AB605,18,55
11.26
(2) (a) 1. Governor, $43,128.
AB605,36
6Section
36. 11.26 (2) (a) 4. of the statutes is created to read:
AB605,18,77
11.26
(2) (a) 4. Attorney general, $21,560.
AB605,37
8Section
37. 11.26 (4) of the statutes is repealed.
AB605,38
9Section
38. 11.26 (4m) of the statutes is created to read:
AB605,18,1310
11.26
(4m) (a) No individual may make any contribution or contributions in
11excess of $10,000 in any calendar year to any committee that makes electioneering
12communications or that has as its major purpose expressly advocating the election
13or defeat of a clearly identified candidate.
AB605,18,1514
(b) No individual may make any contribution or contributions in excess of
15$10,000 in any calendar year to a political party.
AB605,39
16Section
39. 11.26 (5) of the statutes is amended to read:
AB605,18,2317
11.26
(5) The contribution limits provided in subs. (1) and
(4) (4m) do not apply
18to a candidate who makes any contribution or contributions to his or her own
19campaign for office from the candidate's personal funds or property or the personal
20funds or property which are owned jointly or as marital property with the candidate's
21spouse, with respect to any contribution or contributions made to that candidate's
22campaign only. A candidate's personal contributions shall be deposited in his or her
23campaign depository account and reported in the normal manner.
AB605,40
24Section
40. 11.26 (6) of the statutes is amended to read:
AB605,19,7
111.26
(6) When a candidate adopts a preexisting support committee as his or
2her personal campaign committee, the support committee is deemed to have been the
3same committee as the candidate's personal campaign committee for purposes of the
4application of subs. (1)
, and (2)
and (9). The limitations prescribed in
subs.
sub. (2)
5and (9) do not apply to the transfer of contributions which is made at the time of such
6adoption, but do apply to the contributions which have been made by any other
7committee to the support committee at the time of adoption.
AB605,41
8Section
41. 11.26 (9) of the statutes is repealed.
AB605,42
9Section
42. 11.26 (13m) (intro.) and (a) of the statutes are consolidated,
10renumbered 11.26 (13m) and amended to read:
AB605,19,1411
11.26
(13m) Contributions utilized for
the following purposes are not subject
12to limitation by this section: (a) For the purpose of payment of legal fees
and other
13expenses incurred as a result of a recount at an election
are not subject to limitation
14by this section.
AB605,43
15Section
43. 11.26 (13m) (b) of the statutes is renumbered 11.26 (13n) and
16amended to read:
AB605,19,2217
11.26
(13n) For The contribution limits under this section apply to
18contributions used for the purpose of
payment of
paying legal fees and other expenses
19incurred in connection with the circulation, offer to file or filing, or with the response
20to the circulation, offer to file or filing, of a petition to recall an officer prior to the time
21a recall primary or election is ordered, or after that time if incurred in contesting or
22defending the order.
AB605,44
23Section
44. 11.26 (17) (a) of the statutes is amended to read:
AB605,20,3
111.26
(17) (a) For purposes of application of the limitations imposed in subs.
2(1)
, and (2),
and (9), the "campaign" of a candidate begins and ends at the times
3specified in this subsection.
AB605,45
4Section
45. 11.30 (2) (b) of the statutes is amended to read:
AB605,20,125
11.30
(2) (b) Every such communication the cost of which is paid for or
6reimbursed by a committee or group, or for which a committee or group assumes
7responsibility, whether by the acceptance of a contribution or by the making of a
8disbursement, shall be identified by the words "Paid for by" followed by the name of
9the committee or group making the payment or reimbursement or assuming
10responsibility for the communication
and, the name of the treasurer or other
11authorized agent of such committee or group
, and the phone number and email
12address of such committee or group.
AB605,46
13Section
46. 11.30 (2) (c) of the statutes is amended to read:
AB605,20,2214
11.30
(2) (c) Every such communication which is directly paid for or reimbursed
15by an individual, including a candidate without a personal campaign committee who
16is serving as his or her own treasurer, or for which an individual assumes
17responsibility, whether by the acceptance of a contribution or by the making of a
18disbursement, shall be identified by the words "Paid for by" followed by the name of
19the candidate or other individual making the payment or reimbursement or
20assuming responsibility for the communication
and the phone number and email
21address of such candidate or individual. No abbreviation may be used in identifying
22the name of a committee or group under this paragraph.
AB605,47
23Section
47. 11.30 (2) (cm) of the statutes is created to read:
AB605,21,424
11.30
(2) (cm) In addition to the requirements of pars. (a) to (c), in every such
25communication in which a specific state or local bill or resolution is referenced, the
1committee or group or individual or candidate shall identify the number assigned to
2the bill or resolution, the house of the legislature or local unit of government in which
3the bill or resolution was introduced, and the year in which the bill or resolution was
4introduced.
AB605,48
5Section
48. 11.30 (2) (d) of the statutes is amended to read:
AB605,21,106
11.30
(2) (d) In addition to the requirements of pars. (a) to
(c) (cm), a committee
7or individual required to file an oath under s. 11.06 (7) shall also in every
8communication in support of or in opposition to any clearly identified candidate or
9candidates include the words "Not authorized by any candidate or candidate's agent
10or committee".
AB605,49
11Section
49. 11.31 of the statutes is repealed.
AB605,50
12Section
50. 11.38 (1) (a) 1. of the statutes is amended to read:
AB605,21,1913
11.38
(1) (a) 1. No foreign or domestic corporation, or association organized
14under ch. 185 or 193, may make any contribution or disbursement
, directly
, or
15indirectly
, either independently or through any political party, committee,
group,
16candidate or individual
for any purpose other than to promote or defeat a
17referendum, to a candidate, a legislative campaign committee, a personal campaign
18committee, a support committee, other than a support committee that files a
19statement under s. 11.06 (7), or a political party.
AB605,51
20Section
51. 11.38 (1) (a) 2. of the statutes is amended to read:
AB605,22,1021
11.38
(1) (a) 2. Notwithstanding subd. 1., any such corporation or association
22may establish and administer a separate segregated fund and solicit contributions
23from individuals to the fund to be utilized by such corporation or association, for the
24purpose of supporting or opposing any candidate for state or local office but the
25corporation or association may not make any contribution to the fund. The fund shall
1appoint a treasurer and shall register as a
political committee under s. 11.05. A
2parent corporation or association engaging solely in this activity is not subject to
3registration under s. 11.05, but shall register and file special reports on forms
4prescribed by the board disclosing its administrative and solicitation expenses on
5behalf of such fund. A corporation not domiciled in this state need report only its
6expenses for administration and solicitation of contributions in this state together
7with a statement indicating where information concerning other administration and
8solicitation expenses of its fund may be obtained. The reports shall be filed with the
9filing officer for the fund specified in s. 11.02 in the manner in which continuing
10reports are filed under s. 11.20 (4) and (8).
AB605,52
11Section
52. 11.38 (1) (a) 3. of the statutes is repealed.
AB605,53
12Section
53. 11.385 of the statutes is created to read:
AB605,22,23
1311.385 Coordination. No person may make a disbursement for a political
14purpose as defined under s. 11.01 (16) (a) or for an electioneering communication that
15is coordinated with a candidate, personal campaign committee, candidate's agent,
16legislative campaign committee, or political party committee. For purposes of this
17section, a disbursement for a political purpose as defined under s. 11.01 (16) (a) or
18for an electioneering communication is coordinated with a candidate, personal
19campaign committee, candidate's agent, legislative campaign committee, or political
20party committee if the candidate, personal campaign committee, candidate's agent,
21legislative campaign committee, or political party committee exercises control over;
22or engages in substantial discussions or negotiations with the person making the
23disbursement regarding; any of the following:
AB605,22,24
24(1) The communication's content.
AB605,22,25
25(2) The communication's timing.
AB605,23,1
1(3) The location, form, or intended audience of the communication.
AB605,23,2
2(4) The number or frequency of communications.
AB605,54
3Section
54. 11.386 of the statutes is created to read:
AB605,23,6
411.386 Reporting of electioneering communications. (1) Any committee
5making a disbursement of $300 or more on an electioneering communication shall
6submit statements to the board providing all of the following information:
AB605,23,77
(a) The dates on which the committee made the disbursement.
AB605,23,88
(b) The name and address of the person who received the disbursement.
AB605,23,99
(c) The purpose for making the disbursement.
AB605,23,1110
(d) The amount spent for each electioneering communication made by
11committee.
AB605,23,1412
(e) The name of any candidate affected by the disbursement, the office that the
13candidate seeks, and whether the electioneering communication supports or opposes
14that candidate.
AB605,23,1615
(f) The name of every person who donated $300 or more to the committee in the
16year prior to submitting the statements under this subsection.
AB605,23,1817
(g) Whether the committee coordinated or consulted with, or received the
18consent of the candidate or candidate's agent, regarding the disbursement.
AB605,23,21
19(2) A committee required to provide statements to the board under this section
20shall do so no later than 48 hours after making a disbursement for an electioneering
21communication.
AB605,55
22Section
55. 11.61 (1) (b) of the statutes is amended to read:
AB605,24,223
11.61
(1) (b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1)
24or 11.38 is guilty of a Class I felony if the intentional violation does not involve a
1specific figure or if the intentional violation concerns a figure which exceeds
$100 2$1,000 in amount or value.
AB605,56
3Section
56. 11.61 (1) (c) of the statutes is amended to read:
AB605,24,84
11.61
(1) (c) Whoever intentionally violates any provision of this chapter other
5than those provided in par. (a) and whoever intentionally violates any provision
6under par. (b) where the intentional violation concerns a specific figure which does
7not exceed
$100 $1,000 in amount or value may be fined not more than
$1,000 8$10,000 or imprisoned not more than 6 months or both.
AB605,57
9Section
57.
Initial applicability.
AB605,24,1110
(1) This act first applies to contributions received, disbursements made, and
11obligations incurred on or after the effective date of this subsection.
AB605,24,1313
(1)
This act takes effect on January 1, 2017.