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3. For the purpose of making a donation to a charitable organization or the
21common school fund.
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4. For payment of the expenses of nonpartisan campaigns to increase voter
23registration or participation.
SB292,102,324
(c) A candidate committee may accept contributions and make disbursements
25from a campaign depository account for payment of inaugural expenses of an
1individual who is elected to state or local office. Inaugural expenses paid from
2contributions made to the campaign depository account are reportable under s.
311.0204 (1) as disbursements and are subject to the limits under s. 11.1101.
SB292,102,11
4(4) No contributions to or disbursements from a committee's depository
5account may be invested for the purpose of producing income unless the investment
6is in direct obligations of the United States and of agencies and corporations wholly
7owned by the United States, commercial paper maturing within one year from the
8date of investment, preferred shares of a corporation, or securities of an investment
9company registered under the federal investment company act of 1940 (
15 USC 80a)
10and registered for public offer and sale in this state of the type commonly referred
11to as a "money market fund".
SB292,102,1212
subchapter XIII
SB292,102,1313
Administration
SB292,102,20
1411.1301 Defense fund authorized. (1) Any candidate or public official who
15is being investigated for, charged with, or convicted of a criminal violation of this
16chapter or ch. 12, or whose agent is so investigated, charged, or convicted, may
17establish a defense fund for disbursements supporting or defending the candidate,
18official, or agent, or any dependent of the candidate, official, or agent, while that
19person is being investigated for, or while the person is charged with or convicted of
20a criminal violation of this chapter or ch. 12.
SB292,102,25
21(2) No person may use a contribution received from a contributor to a candidate
22committee fund for a purpose for which a defense fund is authorized under sub. (1)
23unless the person obtains the contributor's authorization. Notwithstanding s.
2411.1202 (3), any contributor may authorize the transfer of all or part of a contribution
25from a campaign fund to a defense fund.
SB292,103,8
111.1302 Donations to charitable organizations or school fund. Any
2committee may make a donation to a charitable organization or the common school
3fund from the committee's depository account. No later than 5 days after a committee
4makes a donation to a charitable organization or the common school fund from the
5committee's depository account, the committee shall notify the committee's filing
6officer in writing of the name of the donee and the date of the donation, and shall
7provide an explanation for not retaining the amount donated in the committee's
8depository account.
SB292,103,12
911.1303 Attribution of political contributions, disbursements and
10communications. (1) No disbursement may be made anonymously and no
11contribution or disbursement may be made in a fictitious name or by one person or
12organization in the name of another.
SB292,103,15
13(2) (a) Every printed advertisement, billboard, handbill, sample ballot,
14television or radio advertisement, or other communication which is paid for by any
15contribution or disbursement shall clearly identify its source.
SB292,103,2116
(b) Every communication described under par. (a) the cost of which is paid for
17or reimbursed by a committee, or for which a committee assumes responsibility,
18whether by accepting a contribution or making a disbursement, shall identify its
19source by the words "Paid for by" followed by the name of the committee making the
20payment or reimbursement or assuming responsibility for the communication and
21may include the name of the treasurer or other authorized agent of the committee.
SB292,104,322
(c) Every communication described under par. (a) that is directly paid for or
23reimbursed by an individual, including a candidate who is serving as his or her own
24candidate committee treasurer, or for which an individual assumes responsibility,
25whether by accepting a contribution or making a disbursement, shall identify its
1source by the words "Paid for by" followed by the name of the candidate or other
2individual making the payment or reimbursement or assuming responsibility for the
3communication.
SB292,104,84
(d) In addition to the requirements of pars. (a) to (c), a person required to submit
5an affirmation under oath, as provided under s. 11.0505 (1) (b) 6., 11.0605 (1) (b) 6.,
6or 11.1001 (1) (b) 6. shall also include the words "Not authorized by any candidate
7or candidate's agent or committee" in every communication supporting or opposing
8any clearly identified candidate.
SB292,104,119
(e) Communications under this section by a candidate committee may identify
10the name of the candidate committee, except as provided in par. (b) 2. and except that
11no abbreviation may be used to identify the committee.
SB292,104,1512
(em) Each printed advertisement, billboard, handbill, paid television or radio
13advertisement, or other communication made for the purpose of influencing the
14recall from or retention in office of an individual holding a state or local office shall
15clearly identify its source in the manner prescribed in pars. (b) and (c).
SB292,104,1816
(f) This subsection does not apply to communications printed on small items
17on which the information required by this subsection cannot be conveniently printed.
18The board may, by rule, specify small items to which this subsection shall not apply.
SB292,104,2019
(g) The attributions required by this subsection in written communications
20shall be readable, legible, and readily accessible.
SB292,105,2
21(3) Whenever any person receives payment from another person, in cash or
22in-kind, for the direct or indirect cost of conducting a poll concerning support or
23opposition to a candidate, political party, or referendum, the person conducting the
24poll shall, upon request of any person who is polled, disclose the name and address
1of the person making payment for the poll and, in the case of a committee, the name
2of the treasurer of the committee making payment.
SB292,105,3
311.1304 Duties of the government accountability board. The board shall:
SB292,105,7
4(1) Prescribe forms for making the reports, statements, and notices required
5by this chapter. The board shall make the forms available free of charge on the
6board's Internet site and shall distribute or arrange for the distribution of all forms
7for use by other filing officers.
SB292,105,9
8(2) Upon request, transmit a form described under sub. (1), free of charge, by
9facsimile or by 1st class mail.
SB292,105,12
10(3) (a) Prepare and publish for the use of persons required to file reports and
11statements under this chapter a manual setting forth simply and concisely
12recommended uniform methods of bookkeeping and reporting.
SB292,105,1513
(b) Prepare, publish, and revise as necessary a manual simply and concisely
14describing the filing and registration requirements established in this chapter in
15detail, as well as other major provisions of this chapter and ch. 12.
SB292,105,17
16(4) Develop a filing, coding, and cross-indexing system consonant with the
17purposes of this chapter.
SB292,105,19
18(5) Assign an identification number to each committee for whom the board acts
19as a filing officer under s. 11.0102 (1) and to each conduit.
SB292,106,4
20(6) (a) Except as provided in par. (b), require each committee for whom the
21board serves as filing officer under s. 11.0102 (1) to file each campaign finance report
22that is required to be filed under this chapter in an electronic format. The board shall
23permit an authorized individual to provide at the time of filing an electronic
24signature, as defined in s. 137.11 (8), that is subject to a security procedure, as
25defined in s. 137.11 (13). A committee that files a report under this subsection in an
1electronic format may file with the board that portion of the report signed by an
2authorized individual rather than submit the electronic signature of that individual.
3The board shall provide complete instructions to any committee that files a report
4under this subsection.
SB292,106,115
(b) Permit a committee that accepts contributions in a total amount or value
6of $1,000 or less during a campaign period to opt out of the requirement to file a
7campaign finance report in an electronic format as specified in par. (a). In this
8paragraph, the campaign period of a candidate committee begins and ends as
9provided under s. 11.1103, and the campaign period of any other committee begins
10on January 1 of each odd-numbered year and ends on December 31 of the following
11year.
SB292,106,14
12(7) Compile and maintain on an electronic system a current list of all reports
13and statements received by or required of and pertaining to each committee
14registered under this chapter.
SB292,106,17
15(8) Maintain a duplicate record of any statement received by a political action
16committee under s. 11.0505 or by a person under subchapter VII together with the
17record of each candidate to whom it relates.
SB292,106,20
18(9) Determine whether each report or statement required to be filed under this
19chapter has been filed in the form and by the time prescribed by law, and whether
20it conforms on its face to the requirements of this chapter.
SB292,107,2
21(10) Immediately send to any committee or conduit which is delinquent in
22filing, or which has filed otherwise than in the proper form, a notice that the
23committee or conduit has failed to comply with this chapter. Whenever a candidate
24committee has appointed an individual other than the candidate as campaign
1treasurer, the board shall send the notice to both the candidate and the treasurer of
2the candidate committee.
SB292,107,5
3(11) Receive and maintain in an orderly manner all reports and statements
4required to be filed with the state under the federal election campaign act. The board
5shall:
SB292,107,76
(a) Preserve such reports and statements for a period of 6 years from date of
7receipt.
SB292,107,108
(b) Compile and maintain a current list of all reports and statements pertaining
9to each candidate who is required to file a report or statement under the federal
10election campaign act.
SB292,107,1511
(c) Promptly compile and release for public inspection a list of all reports
12received from candidates for national office and from committees supporting or
13opposing such candidates which are required to be filed with the state under the
14federal election campaign act, as soon as possible after each deadline for receipt of
15such reports as provided by federal law.
SB292,107,19
16(12) Make the reports and statements filed under this chapter, including those
17reports and statements filed under sub. (11), available on the board's Internet site
18for public inspection and copying, commencing as soon as practicable but not later
19than the end of the 2nd day following the day during which they are received.
SB292,107,21
20(13) Upon the request of any person, permit copying of any report or statement
21described under sub. (12) by hand or by duplicating machine at cost.
SB292,107,23
22(14) Include in its biennial report under s. 15.04 (1) (d) compilations of any of
23the following in its discretion:
SB292,107,2524
(a) Total reported contributions, disbursements, and incurred obligations for
25all committees registered and reporting under this chapter during the biennium.
SB292,108,3
1(b) Total amounts contributed during the biennium, reported by contribution
2amounts as determined by the board, to each type of committee registered and
3reporting under this chapter.
SB292,108,64
(c) Total amounts expended during the biennium, reported by disbursement
5amounts as determined by the board, by each type of committee registered and
6reporting under this chapter.
SB292,108,87
(d) Total amounts expended for influencing nominations and elections
8whenever separate information is reported.
SB292,108,109
(e) Aggregate amounts contributed by any contributors shown to have
10contributed more than $100.
SB292,108,13
11(15) Prepare and publish from time to time special reports comparing the
12various totals and categories of contributions and disbursements made with respect
13to preceding elections.
SB292,108,14
14(16) Make available a list of delinquents for public inspection.
SB292,108,15
15(17) Promulgate rules to administer this chapter.
SB292,108,1616
subchapter XIV
SB292,108,19
1811.1400 Civil penalties. (1) Any person who violates this chapter may be
19required to forfeit not more than $500 for each violation.
SB292,108,23
20(2) In addition to the penalty under sub. (1), any person who is delinquent in
21filing a report required by this chapter may be required to forfeit not more than $50
22or one percent of the annual salary of the office for which the candidate is being
23supported or opposed, whichever is greater, for each day of delinquency.
SB292,109,3
1(3) Notwithstanding sub. (1), any person who makes any contribution in
2violation of this chapter may be required to forfeit treble the amount of the
3contribution or portion of that contribution which is illegally contributed.
SB292,109,6
4(4) Notwithstanding sub. (1), any person who violates s. 11.0102 (3) or 11.1208
5shall forfeit $10 for each person who is solicited, but not more than $1,000 for each
6report from which persons are solicited, in violation of s. 11.0102 (3) or 11.1208.
SB292,109,10
7(5) Notwithstanding sub. (1), any person who is subject to a requirement to pay
8a filing fee under s. 11.0102 and who fails to pay that fee within the time prescribed
9in that section shall forfeit $500 plus treble the amount of the fee payable by that
10person.
SB292,109,17
11(6) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (h), 5.08,
12and 5.081, actions under this section may be brought by the board or, upon the board's
13determination of probable cause, by the district attorney for the county where the
14defendant resides or, if the defendant is a nonresident, by the district attorney for the
15county where the violation is alleged to have occurred. For purposes of this
16subsection, a person other than an individual resides within a county if the person's
17principal place of operation is located within that county.
SB292,109,21
18(7) Any elector may file a verified petition with the board requesting that civil
19action under this chapter be brought against any person or committee. The petition
20shall allege such facts as are within the knowledge of the petitioner to show probable
21cause that a violation of this chapter has occurred.
SB292,109,24
22(8) When a candidate committee treasurer or candidate's agent incurs an
23obligation or makes a disbursement, that action by the treasurer or agent is imputed
24to the candidate for purposes of civil liability under this subchapter.
SB292,110,3
1(9) In civil actions under this chapter the acts of every member of a candidate
2committee are presumed to be with the candidate's knowledge or approval until
3clearly proven otherwise.
SB292,110,6
411.1401 Criminal penalties; prosecution. (1) (a) Whoever intentionally
5violates s. 11.1204 or any registration or reporting requirement under this chapter
6is guilty of a Class I felony.
SB292,110,107
(b) Whoever intentionally violates subch. XI or s. 11.1201, 11.1208, or 11.1303
8is guilty of a Class I felony if the intentional violation does not involve a specific figure
9or if the intentional violation concerns a figure which exceeds $100 in amount or
10value.
SB292,110,1211
(c) Whoever intentionally violates any of the following may be fined not more
12than $1,000 or imprisoned not more than 6 months or both:
SB292,110,1313
1. Any provision of this chapter other than those provided in par. (a).
SB292,110,1514
2. Any provision under par. (b) if the violation concerns a specific amount or
15value not exceeding $100.
SB292,110,22
16(2) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (i), 5.08,
17and 5.081, and only after the board has determined probable cause, all prosecutions
18under this section shall be conducted by the district attorney for the county where
19the defendant resides or, if the defendant is a nonresident, by the district attorney
20for the county where the violation is alleged to have occurred. For purposes of this
21subsection, a person other than a individual resides within a county if the person's
22principal place of operation is located within that county.
SB292,111,7
23(3) (a) If a successful candidate for public office, other than a candidate for the
24legislature, is adjudged guilty in a criminal action of any violation of this chapter
25under sub. (1) (a) or (b), or of any violation of ch. 12 under s. 12.60 (1) (a) committed
1during his or her candidacy, the court shall after entering judgment enter a
2supplemental judgment declaring a forfeiture of the candidate's right to office. The
3supplemental judgment shall be transmitted to the officer or agency authorized to
4issue the certificate of nomination or election to the office for which the person
5convicted is a candidate. If the candidate's term has not yet begun, the candidate
6shall not take office. If the candidate's term has begun, the office shall become
7vacant. The office shall then be filled in the manner provided by law.
SB292,111,128
(b) If a successful candidate for the legislature is adjudged guilty in a criminal
9action of any violation of this chapter under sub. (1) (a) or (b), or of any violation of
10ch. 12 under s. 12.60 (1) (a) committed during his or her candidacy, the court shall
11after entering judgment certify its findings to the presiding officer of the house of the
12legislature to which the candidate was elected.
SB292,25
13Section
25. 12.07 (4) of the statutes is amended to read:
SB292,111,2414
12.07
(4) No person may, directly or indirectly, cause any person to make a
15contribution or provide any service or other thing of value to or for the benefit of a
16candidate, political party or registrant committee registered under
s. 11.05 chapter
1711, with the purpose of influencing the election or nomination of a candidate to
18national, state or local office or the passage or defeat of a referendum by means of the
19denial or the threat of denial of any employment, position, work or promotion, or any
20compensation or other benefit of such employment, position or work, or by means of
21discharge, demotion or disciplinary action or the threat to impose a discharge,
22demotion or disciplinary action. This subsection does not apply to employment by
23a
candidate, political party or other registrant
committee registered under
s. 11.05 24chapter 11 in connection with a campaign or political party activities.
SB292,26
25Section
26. 12.08 of the statutes is amended to read:
SB292,112,9
112.08 Denial of government benefits. No person may, directly or indirectly,
2cause any person to make a contribution or provide any service or other thing of value
3to or for the benefit of a
candidate, political party or registrant committee registered 4under
s. 11.05 chapter 11, with the purpose of influencing the election or nomination
5of a candidate to national, state
, or local office or the passage or defeat of a
6referendum by means of the denial or threat of denial of any payment or other benefit
7of a program established or funded in whole or in part by this state or any local
8governmental unit of this state, or a program which has applied for funding by this
9state or any local governmental unit of this state.
SB292,27
10Section
27. 12.13 (3) (h) of the statutes is amended to read:
SB292,112,1811
12.13
(3) (h) Deface, destroy or remove any legally placed election campaign
12advertising poster with intent to disrupt the campaign advertising efforts of any
13candidate, or of any committee, group or individual
committee registered under ch.
1411, or alter the information printed thereon so as to change the meaning thereof to
15the disadvantage of the candidate or cause espoused. Nothing in this paragraph
16restricts the right of any owner or occupant of any real property, or the owner or
17operator of any motor vehicle, to remove campaign advertising posters from such
18property or vehicle.
SB292,28
19Section
28. 12.60 (4) of the statutes is amended to read:
SB292,112,2120
12.60
(4) Prosecutions under this chapter shall be conducted in accordance
21with s.
11.61 11.1401 (2).
SB292,29
22Section
29. 13.62 (5g) of the statutes is amended to read:
SB292,112,2323
13.62
(5g) "Candidate" has the meaning given under s.
11.01 (1) 11.0101 (1).
SB292,30
24Section
30. 13.62 (5j) of the statutes is created to read:
SB292,112,2525
13.62
(5j) "Candidate committee" has the meaning given in s. 11.0101 (2).
SB292,31
1Section
31. 13.62 (5r) of the statutes is amended to read:
SB292,113,42
13.62
(5r) "Communications media"
has the meaning given under s. 11.01 (5) 3means newspapers, periodicals, commercial billboards and radio and television
4stations, including community antenna television stations.
SB292,32
5Section
32. 13.62 (5u) of the statutes is created to read:
SB292,113,66
13.62
(5u) "Contribution" has the meaning given in s. 11.0101 (8).
SB292,33
7Section
33. 13.62 (11t) of the statutes is repealed.
SB292,34
8Section
34. 13.625 (1) (b) (intro.) of the statutes is amended to read:
SB292,113,129
13.625
(1) (b) (intro.)
Furnish Give to any agency official or legislative employee
10of the state or to any elective state official or candidate for an elective state office, or
11to the
official's, employee's or candidate's personal campaign candidate committee
of
12the official, employee, or candidate:
SB292,35
13Section
35. 13.625 (1) (b) 3. of the statutes is amended to read: