2001 Wisconsin Act 109

(av) Candidates for secretary of state or state treasurer, $8,650.

109,1udw Section 1udw. 11.26 (2m) of the statutes is created to read:

11.26 (2m) Subject to sub. (10a) and except as provided under subs. (2t) and (9m), no committee other than a political party committee may make any contribution or contributions to a candidate for election or nomination to legislative office who has not filed an affidavit under s. 11.31 (2m) and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

(a) Candidates for state senator, $500.

(b) Candidates for representative to the assembly, $250.

109,1udx Section 1udx. 11.26 (2t) of the statutes is created to read:

11.26 (2t) The limitations under sub. (2m) apply to any candidate for legislative office who files an affidavit under s. 11.31 (2m) (a) but who the board determines is ineligible to receive a grant from the Wisconsin election campaign fund, who withdraws his or her application for a grant under s. 11.50 (2) (h), or to whom s. 11.50 (2) (i) applies, unless the candidate subsequently files an affidavit under s. 11.31 (2m) (b). Any such candidate who has received a contribution that exceeds the amount specified for the office the candidate seeks under sub. (2m) before the date on which a limitation under sub. (2m) applies to the candidate shall return to the contributor, donate to the common school fund or to any charitable organization, or transfer to the board for deposit in the Wisconsin election campaign fund the excess amount of the contribution. If a candidate for legislative office files an affidavit under s. 11.31 (2m) (b), the limitations under sub. (2) apply to that candidate beginning on the date that the affidavit is filed.

109,1udy Section 1udy. 11.26 (3) of the statutes is amended to read:

11.26 (3) The contribution limitations of subs. (1) and, (1m), (2), and (2m) apply cumulatively to the entire primary and election campaign in which a candidate participates, whether or not there is a contested primary election. The total limitation may be apportioned in any manner desired between the primary and election. All moneys cumulate regardless of the time of contribution.

109,1udz Section 1udz. 11.26 (4) of the statutes is amended to read:

11.26 (4) No Subject to sub. (10a), no individual may make any contribution or contributions to all candidates for state and local offices and to any individuals who or committees which are subject to a registration requirement under s. 11.05, including legislative campaign committees and committees of a political party, to the extent of more than a total of $10,000 in any calendar year.

109,1uea Section 1uea. 11.26 (5) of the statutes is amended to read:

11.26 (5) The contribution limits provided in subs. (1), (1m), and (4) do not apply to a candidate who makes any contribution or contributions to his or her own campaign for office from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, with respect to any contribution or contributions made to that candidate's campaign only. A candidate's personal contributions shall be deposited in his or her campaign depository account and reported in the normal manner.

109,1ueb Section 1ueb. 11.26 (6) of the statutes is amended to read:

11.26 (6) When a candidate adopts a preexisting support committee as his or her personal campaign committee, the support committee is deemed to have been the same committee as the candidate's personal campaign committee for purposes of the application of subs. (1), (1m), (2), (2m), and (9). The limitations prescribed in subs. (1), (1m), (2), (2m), and (9) do not apply to the transfer of contributions which is made at the time of such adoption, but do apply to the contributions which have been made by any other committee to the support committee at the time of adoption.

109,1uec Section 1uec. 11.26 (8) of the statutes is amended to read:

11.26 (8) (a) No Subject to sub. (10a) and except as provided in sub. (8n), no political party as defined in s. 5.02 (13) may receive more than a total of $150,000 $450,000 in value of its contributions in any biennium from all other committees, excluding contributions from legislative campaign committees and transfers between party committees of the same party. In this paragraph, a "biennium commences" means the time period commencing with January 1 of each odd-numbered year and ends ending with December 31 of each even-numbered year.

(b) No Subject to sub. (10a) and except as provided in sub. (8n), no such political party may receive more than a total of $6,000 $18,000 in value of its contributions in any calendar year from any specific committee or its that specific committee's subunits or affiliates, excluding legislative campaign and political transfers between party committees of the same party.

(c) No Subject to sub. (10a) and except as provided in sub. (8n), no committee, other than a political party or legislative campaign committee, may make any contribution or contributions, directly or indirectly, to a political party under s. 5.02 (13) in a calendar year exceeding a total value of $6,000 $18,000.

109,1ued Section 1ued. 11.26 (8n) of the statutes is created to read:

11.26 (8n) (a) Subject to sub. (10a), a political party, as defined in s. 5.02 (13), may receive and accept for use under par. (b) up to a total of $450,000 in value of contributions in any biennium made or transferred to the party by all other individuals, committees, and conduits combined, excluding transfers between party committees of the same party. A political party may receive and accept a contribution transferred by a conduit under this paragraph only if the original contributor designated that the contribution was made for the purpose of contributing to accounts established by the political party under par. (b). Subsection (8) does not apply to contributions received and accepted under this paragraph. In this paragraph, "biennium" has the meaning given in sub. (8) (a).

(b) A political party that receives and accepts a contribution under par. (a) shall maintain 2 segregated accounts, one designated as a "Section 11.26 (8n) Senate Account" and one designated as a "Section 11.26 (8n) Assembly Account." The political party shall deposit one-half of each contribution received and accepted under par. (a) in each account. Contributions deposited in the senate account may be disbursed only for the purpose of making contributions to candidates for the office of state senator that the candidates are authorized to receive and accept under sub. (9) (a). Contributions deposited in the assembly account may be disbursed only for the purpose of making contributions to candidates for the office of representative to the assembly that the candidates are authorized to receive and accept under sub. (9) (a).

109,1uee Section 1uee. 11.26 (8r) of the statutes is created to read:

11.26 (8r) (a) Except as provided in par. (b), no committee may make a contribution to any other committee except a political party, personal campaign, or support committee.

(b) Paragraph (a) does not apply to any contribution made by a committee to a bona fide affiliate of the committee, unless:

1. The committees are affiliated only by means of affiliation with a confederation of multiple labor organizations or multiple trade interests; or

2. Either committee is a confederation of multiple labor organizations or multiple trade interests.

109,1uef Section 1uef. 11.26 (9) (a) of the statutes is renumbered 11.26 (9) (a) (intro.) and amended to read:

11.26 (9) (a) (intro.) No Except as provided under sub. (9m), no individual who is a candidate for state or local office may receive and accept more than 65% of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided under s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party and legislative campaign committees. , except as follows:

109,1ueg Section 1ueg. 11.26 (9) (a) 1. to 4. of the statutes are created to read:

11.26 (9) (a) 1. If a report filed under s. 11.12 (8) indicates that a candidate for legislative office has made disbursements exceeding the amount specified under s. 11.31 (1) (e) or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), then each opposing candidate may exceed the limitation under this paragraph by receiving and accepting contributions from a political party committee paid out of the applicable account established under sub. (8n) (b) in an amount equivalent to the total amount by which the combined total of all such disbursements exceeds the applicable amount specified under s. 11.31 (1) (e) or (f), as adjusted under s. 11.31 (9).

2. If a report filed under s. 11.12 (6) (am) or (c) indicates that disbursements have been made or are proposed to be made against a candidate for legislative office or in support of such a candidate's opponent, or that obligations have been incurred for such a purpose, and if the aggregate total of such disbursements, proposed disbursements, and obligations, less any disbursements made, or to be made, for the purpose of the payment of obligations that were previously reported, exceeds 5% of the amount specified under s. 11.31 (1) (e) or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), then the candidate may exceed the limitation provided under this paragraph by receiving and accepting contributions from a political party committee paid out of the applicable account established under sub. (8n) (b) in an amount equivalent to the total amount of the disbursements and obligations reported under s. 11.12 (6) (am) during the period beginning with the 60th day preceding the general, special, or spring election at which the candidate seeks office and ending with the 31st day preceding that election, together with the total amount of the proposed disbursements and obligations reported under s. 11.12 (6) (c), less the amount of any disbursements made, or to be made, for the purpose of the payment of obligations that were previously reported.

3. A candidate for a partisan state office other than district attorney may exceed the limitation under this paragraph by receiving and accepting a contribution from a political party committee made under s. 11.50 (2s) (f).

4. A candidate for a partisan state office other than district attorney may exceed the limitation under this paragraph by receiving and accepting a grant under s. 11.50 (4) (bg) or (br).

109,1ueh Section 1ueh. 11.26 (9) (am) of the statutes is created to read:

11.26 (9) (am) Except as otherwise provided in this paragraph and sub. (9m), no individual who is a candidate for a state office specified in s. 11.31 (1) (a) to (de), (e), or (f) may receive and accept more than the amount specified below during any primary and election campaign combined from all committees other than political party committees subject to a filing requirement. The amounts are as follows:

1. Candidates for the office of governor, 35% of the value of the total disbursement level determined under s. 11.31 (1) (a), adjusted as provided under s. 11.31 (9).

2. All other candidates subject to this paragraph, 40% of the total disbursement level determined under s. 11.31 (1), adjusted under s. 11.31 (9), for the office that the candidate seeks.

109,1uei Section 1uei. 11.26 (9) (b) of the statutes is amended to read:

11.26 (9) (b) No individual who is a candidate for state office, other than a state office described in par. (am), or local office may receive and accept more than 45% of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided under s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement.

109,1uej Section 1uej. 11.26 (9m) of the statutes is created to read:

11.26 (9m) (a) If a report filed under s. 11.12 (8) indicates that a candidate has made disbursements exceeding the amount specified under s. 11.31 (1) (a) to (de), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), then the limitations under subs. (1), (1m), (2), and (2m) applicable to contributions made to each opposing candidate are doubled. In addition, s. 11.24 (1w) and sub. (9) do not apply to any contributions received by each opposing candidate that the opposing candidate intends to use to make disbursements in response to the disbursements reported under s. 11.12 (8), as reported by the opposing candidate under s. 11.06 (1) (cm), to the extent that the contributions do not exceed the total amount by which the combined total of all such disbursements reported under s. 11.12 (8) exceeds the applicable amount specified under s. 11.31 (1) (a) to (de), (e), or (f), as adjusted under s. 11.31 (9). If the opposing candidate receives grant moneys under s. 11.50 (4) (bg), sub. (9) does not apply to those grant moneys.

(b) If a report filed under s. 11.12 (6) (am) or (c) indicates that disbursements have been made, or are to be made, in any campaign against a candidate, or in support of such a candidate's opponent, or that obligations have been incurred for such a purpose, and if the aggregate total of such disbursements, proposed disbursements, and obligations, less any disbursements made, or to be made, for the purpose of the payment of obligations previously reported, exceeds 5% of the amount specified under s. 11.31 (1) (a) to (de), (e), or (f), for the office that the candidate seeks, as adjusted under s. 11.31 (9), the limitations under subs. (1), (1m), (2), and (2m) applicable to contributions made to that candidate are doubled. In addition, s. 11.24 (1w) and sub. (9) do not apply to any contributions received by the candidate that the candidate intends to use to make disbursements in response to the disbursements, proposed disbursements, or obligations reported under s. 11.12 (6) (am) or (c), as reported by the candidate under s. 11.06 (1) (cm), to the extent that the contributions do not exceed the combined total of all such disbursements and obligations reported under s. 11.12 (6) (am) during the period beginning with the 60th day preceding the general, special, or spring election at which the candidate seeks office and ends with the 31st day preceding that election, together with the total amount of proposed disbursements and obligations reported under s. 11.12 (6) (c), less the amount of any disbursements made, or to be made, for the purpose of the payment of obligations previously reported. If the candidate receives grant moneys under s. 11.50 (4) (bg) or (br), sub. (9) does not apply to those grant moneys.

109,1uek Section 1uek. 11.26 (10) of the statutes is amended to read:

11.26 (10) No candidate for state office who files a sworn statement and an application to receive a grant from the Wisconsin election campaign fund and an affidavit under s. 11.31 (2m) (a) may make contributions of more than 200% of the amounts applicable amount specified in sub. (1) to the candidate's own campaign from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.31 (3p) or 11.50 (2) (i) applies to the candidate. For purposes of this subsection, any contribution received by a candidate or his or her personal campaign committee from a committee which is registered with the federal elections commission as the authorized committee of the candidate under 2 USC 432 (e) shall be treated as a contribution made by the candidate to his or her own campaign. The contribution limit of sub. (4) applies to amounts contributed by such a candidate personally to the candidate's own campaign and to other campaigns, except that a candidate may exceed the limitation if authorized under this subsection to contribute more than the amount specified to the candidate's own campaign, up to the amount of the limitation.

109,1ueL Section 1ueL. 11.26 (10a) of the statutes is created to read:

11.26 (10a) (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

(b) The dollar amounts of the limitations under subs. (1), (1m), (2), (2m), (4), (8), and (8n) are subject to a biennial adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall, in each year that the adjustment is made, calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for calendar year 2003. Beginning in 2006 and every 2 years thereafter, the board shall multiply the amount of each limitation under subs. (1), (1m), (2), (2m), (4), (8), and (8n) by the percentage difference in the consumer price indices. The board shall then add that product to the applicable limitation under subs. (1), (1m), (2), (2m), (4), (8), and (8n), round each sum to the nearest multiple of $5, and adjust the amount of each limitation to substitute the resulting amount. The amount so determined shall then be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare and without a finding of emergency.

109,1uem Section 1uem. 11.26 (15) of the statutes is amended to read:

11.26 (15) The fact that 2 or more committees, other than personal campaign committees, utilize common policies and practices concerning the endorsement of candidates or agree to make contributions only to such endorsed candidates does not affect the right of each committee independently to make contributions up to the applicable amount specified under sub. (1), (1m), (2), or (2m).

109,1uen Section 1uen. 11.26 (17) (a) of the statutes is amended to read:

11.26 (17) (a) For purposes of application of the limitations imposed in subs. (1), (1m), (2), (2m), (9), (9m), and (10), the "campaign" of a candidate begins and ends at the times specified in this subsection.

109,1ueo Section 1ueo. 11.265 of the statutes is repealed.

109,1uep Section 1uep. 11.31 (1) (intro.) of the statutes is amended to read:

11.31 (1) Schedule. (intro.) The following levels of disbursements are established with reference to the candidates listed below. The levels are subject to adjustment under sub. (9). Except as provided in sub. (2), such levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.

109,1ueq Section 1ueq. 11.31 (1) (a) to (d) of the statutes are amended to read:

11.31 (1) (a) Candidates for governor, $1,078,200 $2,000,000.

(b) Candidates for lieutenant governor, $323,475 $500,000.

(c) Candidates for attorney general, $539,000 $700,000.

(d) Candidates for secretary of state, state treasurer, justice or state superintendent, $215,625 $250,000.

109,1uer Section 1uer. 11.31 (1) (de) of the statutes is created to read:

11.31 (1) (de) Candidates for justice, $300,000.

109,1ues Section 1ues. 11.31 (1) (e) and (f) of the statutes are amended to read:

11.31 (1) (e) Candidates for state senator, $34,500 $100,000 total in the primary and election, with disbursements not exceeding $21,575 $72,000 for either the primary or the election.

(f) Candidates for representative to the assembly, $17,250 $50,000 total in the primary and election, with disbursements not exceeding $10,775 $36,000 for either the primary or the election.

109,1uet Section 1uet. 11.31 (2) of the statutes is amended to read:

11.31 (2) Limitation imposed. No candidate for state office at a spring or general election who files a sworn statement and an application to receive a grant from the Wisconsin election campaign fund and an affidavit under sub. (2m) (a) may make or authorize total disbursements from the his or her campaign treasury in any campaign to the extent of more than the amount prescribed in sub. (1), adjusted as provided under sub. (9), unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) or sub. (3p) applies to that candidate. No candidate for state office at a special election who files a sworn statement and an application to receive a grant from the Wisconsin election campaign fund and an affidavit under sub. (2m) (a) may make or authorize total disbursements from the his or her campaign treasury in any campaign to the extent of more than the amount prescribed under sub. (1), adjusted as provided under sub. (9), for the preceding spring or general election for the same office, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) or sub. (3p) applies to that candidate.

109,1ueu Section 1ueu. 11.31 (2m) (title) of the statutes is amended to read:

11.31 (2m) (title) Voluntary limitation Affidavit of adherence to limitations.

109,1uev Section 1uev. 11.31 (2m) of the statutes is renumbered 11.31 (2m) (b) and amended to read:

11.31 (2m) (b) Any candidate to whom sub. (2) and s. 11.26 (10) do not apply may file an affidavit with his or her filing officer affirming that he or she has adhered and will adhere to the limitations imposed under sub. (2) and s. 11.26 (10) during the entire campaign. These limitations apply unless the candidate withdraws the affidavit by notifying his or her filing officer in writing no later than the 7th day after the date of the primary in which the person filing the affidavit is a candidate, or the 7th day after the date that the primary would be held, if no primary is required.

109,1uew Section 1uew. 11.31 (2m) (a) of the statutes is created to read:

11.31 (2m) (a) Each candidate who files an application to receive a grant from the Wisconsin election campaign fund shall file an affidavit with the board affirming that the candidate, and his or her authorized agents, have complied with the limitations imposed under sub. (2) and s. 11.26 at all times during which the limitations have applied to his or her candidacy and will continue to comply with the limitations at all times during which the limitations apply to his or her candidacy, unless the board determines that the candidate is not eligible to receive a grant from the fund, the candidate withdraws his or her application for a grant under s. 11.50 (2) (h), or s. 11.50 (2) (i) or sub. (3p) applies to that candidate.

109,1uex Section 1uex. 11.31 (3) of the statutes is amended to read:

11.31 (3) Gubernatorial campaigns. For purposes of compliance with the limitations imposed under sub. (2), candidates for governor and lieutenant governor of the same political party who both accept grants from the Wisconsin election campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b), adjusted as provided under sub. (9), and reallocate the total level between them. The candidates shall each inform the board of any such agreement.

109,1uey Section 1uey. 11.31 (3p) of the statutes is created to read:

11.31 (3p) Candidates receiving additional moneys; exception. If a candidate receives a contribution described in s. 11.26 (9) (a) 1. to 3., a contribution authorized under s. 11.26 (9m), or a grant under s. 11.50 (4) (bg) or (br), the disbursement limitation of that candidate for the campaign in which the contribution or grant is received is increased by the amount of that contribution or grant.

109,1uez Section 1uez. 11.31 (9) of the statutes is created to read:

11.31 (9) Adjustment of disbursement levels. (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

(b) The dollar amounts of the limitations under sub. (1) are subject to a biennial adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall, in each year that the adjustment is made, calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for calendar year 2003. Beginning in 2006 and every 2 years thereafter, the board shall multiply the amount of each limitation under sub. (1) by the percentage difference in the consumer price indices. The board shall then add that product to the applicable limitation under sub. (1), round each sum to the nearest multiple of $5, and adjust the amount of each limitation to substitute the resulting amount. The amount so determined shall then be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare and without a finding of emergency.

109,1ufa Section 1ufa. 11.38 (1) (a) 2. of the statutes is amended to read:

11.38 (1) (a) 2. Notwithstanding subd. 1., any such corporation or association may establish and administer a separate segregated fund and solicit contributions from individuals to the fund to be utilized by such corporation or association, for the purpose of supporting or opposing any candidate for state or local office but the corporation or association may not make any contribution to the fund. The fund shall appoint a treasurer and shall register as a political committee under s. 11.05. A parent corporation or association engaging solely in this activity is not subject to registration under s. 11.05, but shall register and file special reports on forms prescribed by the board disclosing its administrative and solicitation expenses on behalf of such fund. A corporation not domiciled in this state need report only its expenses for administration and solicitation of contributions in this state together with a statement indicating where information concerning other administration and solicitation expenses of its fund may be obtained. The reports shall be filed with the filing officer for the fund specified in s. 11.02 in the manner provided under s. 11.21 (16), if applicable, or otherwise in the manner in which continuing reports are filed under s. 11.20 (4) and (8).

109,1ufb Section 1ufb. 11.38 (6) of the statutes is amended to read:

11.38 (6) Any individual or campaign treasurer who receives funds in violation of this section shall promptly return such funds to the contributor or, donate the funds to the common school fund or a charitable organization or transfer the funds to the board for deposit in the Wisconsin election campaign fund, at the treasurer's option.

109,1ufc Section 1ufc. 11.38 (8) (b) of the statutes is amended to read:

11.38 (8) (b) Except as authorized in s. 11.05 (12) (b) and (13), prior to making any disbursement on behalf of a political group which is promoting or opposing a particular vote at a referendum and prior to accepting any contribution or making any disbursement to promote or oppose a particular vote at a referendum, a corporation or association organized under ch. 185 shall register with the appropriate filing officer specified in s. 11.02 and appoint a treasurer. The registration form of the corporation or association under s. 11.05 shall designate an account separate from all other corporation or association accounts as a campaign depository account, through which all moneys received or expended for the adoption or rejection of the referendum shall pass. The corporation or association shall file periodic reports under s. 11.20 and under s. 11.21 (16), if applicable, providing the information required under s. 11.06 (1).

109,1ufd Section 1ufd. 11.385 of the statutes is created to read:

11.385 Certain contributions prohibited. (1) In this section, "floorperiod" means a floorperiod of the legislature, as scheduled by joint resolution, for a regular legislative session.

(2) Except as provided in subs. (3) to (5), no member of the legislature or personal campaign committee of a member may make or receive any contribution in conjunction with a fund-raising social event held in Dane County during a floorperiod or a special or extraordinary session if the event is held to benefit a member or member's personal campaign committee.