SB292: Bill Text

SB292,78,3 subchapter IX

SB292,78,4 recall committees

SB292,78,7 11.0901 Registration; treasurer and depositories. (1) Each recall committee required to register under this chapter shall designate a treasurer to comply with the registration and reporting requirements under this subchapter.

SB292,78,9 (2) The treasurer shall ensure that all funds received are deposited in the recall committee depository account.

SB292,78,11 (3) No disbursement may be made or obligation incurred by or on behalf of a recall committee without the authorization of the treasurer or a designated agent.

SB292,78,14 (4) The treasurer shall maintain the records of the recall committee in an organized and legible manner for not less than 3 years after the date of the election in which the recall committee participates.

SB292,78,18 11.0902 Registration; timing. (1) Every recall committee that accepts contributions, makes disbursements, or incurs obligations to support or oppose a recall in a calendar year in an aggregate amount in excess of $2,000 shall file a registration statement giving the information required by s. 11.0903.

SB292,78,23 (2) A recall committee that triggers the registration requirement under sub. (1) shall file the registration statement no later than the 10th business day commencing after receipt of the first contribution by the recall committee exceeding the amount specified under sub. (1), before making any disbursement exceeding that amount, and before incurring obligations exceeding that amount.

SB292,78,25 11.0903 Registration; required information. (1) Required information. The recall committee shall include all of the following on the registration statement:

SB292,79,1 (a) The name and mailing address of the recall committee.

SB292,79,6 (b) The name and mailing address of the treasurer and any other custodian of books and accounts. Unless otherwise directed by the treasurer on the registration form and except as otherwise provided in this chapter or any rule of the board, all mailings that are required by law or by rule of the board shall be sent to the treasurer at the treasurer's address indicated upon the form.

SB292,79,8 (c) The name and address of the depository account of the recall committee and of any other institution where funds of the committee are kept.

SB292,79,12 (2) Certification. The individual responsible for filing or amending a recall committee's registration statement and any form or report required of the committee under this chapter shall certify that all information contained in the statement, form, or report is true, correct, and complete.

SB292,79,17 (3) Change of information. (a) The recall committee shall report any change in information previously submitted in a registration statement within 10 days following the change. Except as provided in par. (b), any such change may be reported only by the individual or by the officer who has succeeded to the position of an individual who signed the original statement.

SB292,79,19 (b) The administrator or treasurer of a recall committee may report a change in the committee's registration statement.

SB292,79,25 11.0904 Reporting. (1) Contributions and disbursements. (a) Each recall committee shall make full reports, upon a form prescribed by the board and certified as required under s. 11.0103 (3) (c), of all contributions received, disbursements made, and obligations incurred by the committee. The recall committee shall include in each report the following information, covering the period since the last date covered on the previous report:

SB292,80,3 1. An itemized statement giving the date, full name, and street address of each person who has made a contribution to the recall committee, together with the amount of the contribution.

SB292,80,6 2. An itemized statement giving the date, full name, and street address of each committee to which the recall committee has made a contribution, together with the amount of the contribution.

SB292,80,9 3. The name of the principal place of employment, if any, of each individual contributor whose cumulative contributions to the recall committee for the calendar year are in excess of $200.

SB292,80,14 4. An itemized statement of each contribution made anonymously to the recall committee. If the contribution exceeds $10, the recall committee shall specify whether the committee donated the contribution to the common school fund or to a charitable organization, and shall include the full name and mailing address of the donee.

SB292,80,16 5. A statement of totals during the reporting period of contributions received and contributions donated as provided in subd. 4.

SB292,80,18 6. A statement of the cash balance on hand at the beginning and end of the reporting period.

SB292,80,20 7. An itemized statement of each loan of money made to the recall committee in an aggregate amount or value in excess of $20, together with all of the following:

SB292,80,21 a. The full name and mailing address of the lender.

SB292,80,22 b. A statement of whether the lender is a commercial lending institution.

SB292,80,23 c. The date and amount of the loan.

SB292,80,24 d. The full name and mailing address of each guarantor, if any.

SB292,80,25 e. The original amount guaranteed by each guarantor.

SB292,81,2 f. The balance of the amount guaranteed by each guarantor at the end of the reporting period.

SB292,81,5 8. An itemized statement of every disbursement exceeding $20 in amount or value, together with the name and address of the person to whom the disbursement was made, and the date and specific purpose for which the disbursement was made.

SB292,81,9 9. An itemized statement of every obligation exceeding $20 in amount or value, together with the name of the person or business with whom the obligation was incurred, and the date and the specific purpose for which each such obligation was incurred.

SB292,81,12 10. A statement of totals during the reporting period of disbursements made, including transfers made to and received from other committees, other income, and loans.

SB292,81,14 11. A statement of the balance of obligations incurred as of the end of the reporting period.

SB292,81,17 (b) The recall committee shall begin each report filed under this chapter with the first contribution received, disbursement made, or obligation incurred during the reporting period.

SB292,81,22 (2) Reports to support or oppose the recall of nonpartisan state or local office holder elected at spring election; primary. A recall committee that accepts, makes, or incurs contributions, disbursements, or obligations to support or oppose the recall of a nonpartisan state or local office holder, or to support or oppose other committees engaging in such activities, shall do all the following:

SB292,81,24 (a) File a preprimary report no earlier than 14 days and no later than 8 days preceding the recall primary.

SB292,82,2 (b) File a preelection report no earlier than 14 days and no later than 8 days preceding the recall election.

SB292,82,4 (c) Annually in each year of an election cycle, file a report on the 15th day of the month in the months of January, April, July, and October.

SB292,82,9 (3) Reports to support or oppose the recall of a nonpartisan state or local office holder elected at spring election; election. A recall committee that accepts, makes, or incurs contributions, disbursements, or obligations to support or oppose the recall of a nonpartisan state or local office holder, or to support or oppose other committees engaging in such activities, shall do all the following:

SB292,82,11 (a) File a preelection report no earlier than 14 days and no later than 8 days preceding the recall election.

SB292,82,13 (b) Annually in each year of an election cycle, file a report on the 15th day of the month in the months of January, April, July, and October.

SB292,82,18 (4) Reports to support or oppose the recall of partisan state or local office holder; primary. A recall committee that accepts, makes, or incurs contributions, disbursements, or obligations to support or oppose the recall of a partisan state or local office holder, or to support or oppose other committees engaging in such activities, shall do all the following:

SB292,82,20 (a) File a preprimary report no earlier than 14 days and no later than 8 days preceding the recall primary.

SB292,82,22 (b) File a preelection report no earlier than 14 days and no later than 8 days preceding the recall election.

SB292,82,24 (c) In an odd-numbered year, file a report on the 15th day of the month in the months of January, April, July, and October.

SB292,83,2 (d) In an even-numbered year, file a report on the 15th day of the month in the months of January, April, and July, and on the 4th Tuesday in September.

SB292,83,7 (5) Reports to support or oppose the recall of partisan state or local office holder; general election. A recall committee that accepts, makes, or incurs contributions, disbursements, or obligations to support or oppose the recall of a partisan state or local office holder, or to support or oppose other committees engaging in such activities, shall do all of the following:

SB292,83,9 (a) File a preelection report no earlier than 14 days and no later than 8 days preceding the recall election.

SB292,83,11 (b) In an odd-numbered year, file a report on the 15th day of the month in the months of January, April, July, and October.

SB292,83,13 (c) In an even-numbered year, file a report on the 15th day of the month in the months of January, April, and July, and on the 4th Tuesday in September.

SB292,83,14 subchapter X

SB292,83,15 Other persons

SB292,83,21 11.1001 Reporting; specific express advocacy. (1) Disbursements. (a) Any person, other than a committee, spending $5,000 or more in the aggregate on express advocacy shall submit statements to the board under par. (b) if the express advocacy is made during the period beginning on the day that is 30 days prior to the day of the primary or election involving the candidate identified under par. (b) 5. and ending on the day of the primary or election involving that candidate.

SB292,83,23 (b) A person required to report under this section shall submit statements to the board providing all of the following information:

SB292,83,24 1. The dates on which the person made the disbursements.

SB292,83,25 2. The name and address of the persons who received the disbursements.

SB292,84,1 3. The purpose for making the disbursements.

SB292,84,2 4. The amount spent for each act of express advocacy.

SB292,84,5 5. The name of any candidate affected by the disbursement, the office that the candidate seeks, and whether the express advocacy supports or opposes that candidate.

SB292,84,8 6. An affirmation, made under oath, that the person will comply with the prohibition on coordination under s. 11.1203 with respect to any candidate or agent or candidate committee who is supported or opposed by the express advocacy.

SB292,84,10 7. The name and mailing and street address of the person's designated agent in this state.

SB292,84,15 (2) Exception. (a) A person who is required to report under this section is not required to submit the information described under sub. (1) (b) regarding disbursements made before reaching the $5,000 threshold under sub. (1) (a). For purposes of this section, an disbursement for express advocacy is the amount spent directly on developing, producing, and disseminating the express advocacy.

SB292,84,16 (b) This section does not apply to any of the following:

SB292,84,20 1. A communication, other than an advertisement, appearing in a news story, commentary, or editorial distributed through the facilities of any legitimate news organization, unless the facilities are controlled by any political party, political committee, or candidate.

SB292,84,22 2. A communication made exclusively between an organization and its members.

SB292,84,24 (3) Timing. A person who is required to report under this section shall submit the report to the board no later than 48 hours after making the disbursements.

SB292,84,25 subchapter XI

SB292,85,1 contributions

SB292,85,5 11.1101 Contribution limits. (1) Individual limits. An individual may contribute to a candidate committee no more than the following amounts specified for the candidate whose nomination or election the individual supports [See Figure 11.1101 following]:

SB292,85,7 (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent, or justice, $20,000.

SB292,85,8 (b) Candidates for state senator, $2,000.

SB292,85,9 (c) Candidates for representative to the assembly, $1,000.

SB292,85,11 (d) Candidates for court of appeals judge in districts which contain a county having a population of more than 500,000, $6,000.

SB292,85,12 (e) Candidates for court of appeals judge in other districts, $5,000.

SB292,85,15 (f) Candidates for circuit judge in circuits having a population of more than 300,000, or candidates for district attorney in prosecutorial units having a population of more than 300,000, $6,000.

SB292,85,17 (g) Candidates for circuit judge in other circuits or candidates for district attorney in other prosecutorial units, $2,000.

SB292,85,18 (h) Candidates for local offices, an amount equal to the greater of the following:

SB292,85,19 1. Five hundred dollars.

SB292,85,22 2. Two cents times the number of inhabitants of the jurisdiction or district, according to the latest federal census or the census information on which the district is based, as certified by the appropriate filing officer, but not more than $6,000.

SB292,85,25 (2) Candidate committees. A candidate committee may contribute to another candidate committee no more than the following amounts specified for the candidate whose nomination or election the committee supports [See Figure 11.1101 following]:

SB292,86,2 (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent, or justice, $20,000.

SB292,86,3 (b) Candidates for state senator, $2,000.

SB292,86,4 (c) Candidates for representative to the assembly, $1,000.

SB292,86,6 (d) Candidates for court of appeals judge in districts which contain a county having a population of more than 500,000, $6,000.

SB292,86,7 (e) Candidates for court of appeals judge in other districts, $5,000.

SB292,86,10 (f) Candidates for circuit judge in circuits having a population of more than 300,000, or candidates for district attorney in prosecutorial units having a population of more than 300,000, $6,000.

SB292,86,12 (g) Candidates for circuit judge in other circuits or candidates for district attorney in other prosecutorial units, $2,000.

SB292,86,13 (h) Candidates for local offices, an amount equal to the greater of the following:

SB292,86,14 1. Five hundred dollars.