2011 WISCONSIN ACT 32
(Vetoed in Part)
An Act relating to: state finances and appropriations, constituting the executive budget act of the 2011 legislature.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
32,1d
Section 1d. 5.02 (18) of the statutes is amended to read:
5.02 (18) "September primary" means the primary held the 2nd Tuesday in September to nominate candidates to be voted for at the general election, and to determine which candidates for state offices other than district attorney may participate in the Wisconsin election campaign fund.
32,2d
Section 2d. 5.35 (6) (b) of the statutes is amended to read:
5.35 (6) (b) At each polling place in the state where a consolidated ballot under s. 5.655 is used or an electronic voting system is utilized at a partisan primary election incorporating a ballot upon which electors may mark votes for candidates of more than one recognized political party or for candidates of a recognized political party and independent candidates, the municipal clerk or board of election commissioners shall prominently post a sign in the form prescribed by the board warning electors in substance that on any ballot with votes cast for candidates of more than one recognized political party or any ballot with votes cast for candidates of a recognized political party and independent candidates, no votes cast for any candidates for partisan office will be counted unless a preference for a party or for the independent candidates is made. If the elector designates a preference, only votes cast for candidates of that preference will be counted.
32,2f
Section 2f. 5.37 (4) of the statutes is amended to read:
5.37 (4) Voting machines may be used at primary elections when they comply with subs. (1) and (2) and the following provisions: All candidates' names entitled to appear on the ballots at the primary shall appear on the machine; the elector cannot vote for candidates of more than one party, whenever the restriction applies, and an elector who votes for candidates of any party may not vote for independent candidates at the September primary; the elector may secretly select the party for which he or she wishes to vote, or the independent candidates in the case of the September primary; the elector may vote for as many candidates for each office as he or she is lawfully entitled to vote for, but no more.
32,3e
Section 3e. 5.62 (1) (a) of the statutes is amended to read:
5.62 (1) (a) At September primaries, the following ballot shall be provided for the nomination of candidates of recognized political parties for national, state and county offices and independent candidates for state office in each ward, in the same form as prescribed by the board under s. 7.08 (1) (a), except as authorized in s. 5.655. The ballots shall be made up of the several party tickets with each party entitled to participate in the primary under par. (b) or sub. (2) having its own ballot, except as authorized in s. 5.655. The independent candidates for state office other than district attorney shall have a separate ballot for all such candidates as under s. 5.64 (1) (e), except as authorized in s. 5.655. The ballots shall be secured together at the bottom. The party ballot of the party receiving the most votes for president or governor at the last general election shall be on top with the other parties arranged in descending order based on their vote for president or governor at the last general election. The ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying under par. (b), in the same order in which the parties filed petitions with the board. Any ballot required under par. (b) 2. shall be placed next in order. The ballot listing the independent candidates shall be placed at the bottom. At polling places where voting machines are used, each party and the independent candidates shall be represented in one or more separate columns or rows on the ballot. At polling places where an electronic voting system is used other than an electronic voting machine, each party and the independent candidates may be represented in separate columns or rows on the ballot.
32,3m
Section 3m. 5.62 (3) of the statutes is amended to read:
5.62 (3) The board shall designate the official primary ballot arrangement for statewide offices and district attorney within each prosecutorial district by using the same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate column or row on the ballot, the candidates for office shall be listed together with the offices which they seek in the following order whenever these offices appear on the September primary ballot: governor, lieutenant governor, attorney general, secretary of state, state treasurer, U.S. senator, U.S. representative in congress, state senator, representative to the assembly, district attorney and the county offices. Below the names of the independent candidates shall appear the party or principle of the candidates, if any, in 5 words or less, as shown on their nomination papers.
32,3s
Section 3s. 5.62 (5) of the statutes is repealed.
32,3t
Section 3t. 5.68 (4) of the statutes is amended to read:
5.68 (4) Except as provided under sub. (7), the The cost of compensation of election officials and trainees shall be borne in the manner provided in s. 7.03.
32,3u
Section 3u. 5.68 (7) of the statutes is repealed.
32,3v
Section 3v. 5.81 (4) of the statutes is amended to read:
5.81 (4) In partisan primary elections, if a ballot contains the names of candidates of more than one party or the names of party candidates and independent candidates, it shall provide a space for electors to designate a party preference or a preference for the independent candidates. Failure to designate a preference does not invalidate any votes cast by an elector, except as provided in s. 7.50 (1) (d).
32,4g
Section 4g. 5.91 (1) of the statutes is amended to read:
5.91 (1) It enables an elector to vote in secrecy and to select the party or the independent candidates for whom for which an elector will vote in secrecy at a partisan primary election.
32,4r
Section 4r. 5.91 (6) of the statutes is amended to read:
5.91 (6) The voting device or machine permits an elector in a primary election to vote for the candidates of the recognized political party or the independent candidates of his or her choice, and the automatic tabulating equipment or machine rejects any ballot on which votes are cast in the primary of more than one recognized political party, except where a party or independent candidate designation is made or where an elector casts write-in votes for candidates of more than one party on a ballot that is distributed to the elector.
32,5g
Section 5g. 7.08 (2) (c) of the statutes is repealed.
32,5r
Section 5r. 7.08 (2) (cm) of the statutes is repealed.
32,6c
Section 6c. 7.70 (3) (e) (intro.) and 2. of the statutes are consolidated, renumbered 7.70 (3) (e) and amended to read:
7.70 (3) (e) The chairperson of the board or the chairperson's designee shall make a special statement to the board as soon as possible after the canvass of the general election certifying: 2. After the general election, the name of each political party which receives at least one percent of the vote cast in such election for any statewide office.
32,6d
Section 6d. 7.70 (3) (e) 1. of the statutes is repealed.
32,7c
Section 7c. 8.15 (7) of the statutes is amended to read:
8.15 (7) A candidate may not run in more than one party primary at the same time. No filing official may accept nomination papers for the same person in the same election for more than one party. An independent candidate at a partisan primary or other election may not file nomination papers as the candidate of a recognized political party for the same office at the same election. A person who files nomination papers as the candidate of a recognized political party may not file nomination papers as an independent candidate for the same office at the same election.
32,7d
Section 7d. 8.16 (1) of the statutes is amended to read:
8.16 (1) Except as provided in sub. (2), the person who receives the greatest number of votes for an office on a party ballot at any partisan primary, regardless of whether the person's name appears on the ballot, shall be the party's candidate for the office, and the person's name shall so appear on the official ballot at the next election. All independent candidates shall appear on the general election ballot regardless of the number of votes received by such candidates at the September primary.
32,7e
Section 7e. 8.16 (5) of the statutes is repealed.
32,7f
Section 7f. 8.20 (8) (a) of the statutes is amended to read:
8.20 (8) (a) Nomination papers for independent candidates for any office to be voted upon at a general election or September primary and general election, except president, vice president and presidential elector, may be circulated no sooner than June 1 preceding the election and may be filed no later than 5 p.m. on the 2nd Tuesday of July preceding the September primary, except as authorized in this paragraph. If an incumbent fails to file nomination papers and a declaration of candidacy by 5 p.m. on the 2nd Tuesday of July preceding the September primary, all candidates for the office held by the incumbent, other than the incumbent, may file nomination papers no later than 72 hours after the latest time prescribed in this paragraph. No extension of the time for filing nomination papers applies if the incumbent files written notification with the filing officer or agency with whom nomination papers are filed for the office which the incumbent holds, no later than 5 p.m. on the 2nd Friday preceding the latest time prescribed in this paragraph for filing nomination papers, that the incumbent is not a candidate for reelection to his or her office, and the incumbent does not file nomination papers for that office within the time prescribed in this paragraph.
32,7g
Section 7g. 8.20 (9) of the statutes is amended to read:
8.20 (9) Persons nominated by nomination papers without a recognized political party designation shall be placed on the official ballot at the general election and at any partisan election to the right or below the recognized political party candidates in their own column or row designated "Independent". At the September primary, persons nominated for state office by nomination papers without a recognized political party designation shall be placed on a separate ballot or, if a consolidated paper ballot under s. 5.655 (2), an electronic voting system or voting machines are used, in a column or row designated "Independent". If the candidate's name already appears under a recognized political party it may not be listed on the independent ballot, column or row.
32,7n
Section 7n. 8.35 (4) (b) of the statutes is repealed.
32,7r
Section 7r. 8.35 (4) (c) of the statutes is amended to read:
8.35 (4) (c) The transfer shall be reported to the appropriate filing officer in a special report submitted by the former candidate's campaign treasurer. If the former candidate is deceased and was serving as his or her own campaign treasurer, the former candidate's petitioner or personal representative shall file the report and make the transfer required by par. (b), if any. The report shall include a complete statement of all contributions, disbursements and incurred obligations pursuant to s. 11.06 (1) covering the period from the day after the last date covered on the former candidate's most recent report to the date of disposition.
32,7w
Section 7w. 8.50 (3) (b) of the statutes is amended to read:
8.50 (3) (b) Except as otherwise provided in this section, the provisions for September primaries under s. 8.15 are applicable to all partisan primaries held under this section, and the provisions for spring primaries under s. 8.10 are applicable to all nonpartisan primaries held under this section. In a special partisan primary or election, the order of the parties on the ballot shall be the same as provided under s. 5.62 (1) or 5.64 (1) (b). Independent candidates for state office at a special partisan election shall not appear on the primary ballot. No primary is required for a nonpartisan election in which not more than 2 candidates for an office appear on the ballot or for a partisan election in which not more than one candidate for an office appears on the ballot of each recognized political party. In every special election except a special election for nonpartisan state office where no candidate is certified to appear on the ballot, a space for write-in votes shall be provided on the ballot, regardless of whether a special primary is held.
32,8d
Section 8d. 10.02 (3) (b) 2. of the statutes is amended to read:
10.02 (3) (b) 2. At a special partisan primary, the elector shall select the party ballot of his or her choice and shall make a cross (7) next to or depress the lever or button next to the candidate's name for each office for whom the elector intends to vote, or shall insert or write in the name of the elector's choice for a candidate.
32,8h
Section 8h. 10.02 (3) (b) 2m. of the statutes is repealed.
32,8p
Section 8p. 10.06 (1) (e) of the statutes is amended to read:
10.06 (1) (e) As soon as possible following the state canvass of the spring primary vote, but no later than the first Tuesday in March, the board shall send a type B notice certifying to each county clerk the list of candidates for the spring election. When no state spring primary is held or when the only primary held is the presidential preference primary, this notice shall be sent under par. (c). The board shall also in any case send a certified list of candidates under s. 11.50 to the state treasurer pursuant to s. 7.08 (2) (c). When there is a referendum, the board shall send type A and C notices certifying each question to the county clerks as soon as possible, but no later than the first Tuesday in March.
32,8t
Section 8t. 10.06 (1) (i) of the statutes is amended to read:
10.06 (1) (i) As soon as possible after the state canvass, but no later than the 4th Tuesday in September, the board shall send a type B notice certifying the list of candidates and type A and C notices certifying each question for any referendum to each county clerk for the general election and a certified list of candidates under s. 11.50 to the state treasurer pursuant to s. 7.08 (2) (c).
32,11c
Section 11c. 11.06 (1) (jm) of the statutes is amended to read:
11.06 (1) (jm) A copy of any separate schedule prepared or received pursuant to an escrow agreement under s. 11.16 (5). A candidate or personal campaign committee receiving contributions under such an agreement and attaching a separate schedule under this paragraph may indicate the percentage of the total contributions received, disbursements made and exclusions claimed under s. 11.31 (6) without itemization, except that amounts received from any contributor pursuant to the agreement who makes any separate contribution to the candidate or personal campaign committee during the calendar year of receipt as indicated in the schedule shall be aggregated and itemized if required under par. (a) or (b).
32,11g
Section 11g. 11.12 (2) of the statutes is amended to read:
11.12 (2) No registrant, other than a candidate who receives a public financing benefit from the democracy trust fund, may accept an Any anonymous contribution exceeding $10. No candidate who receives a public financing benefit from the democracy trust fund may accept an anonymous contribution exceeding $5. Any anonymous contribution that may not be accepted under this subsection received by a campaign or committee treasurer or by an individual under s. 11.06 (7) may not be used or expended. The contribution shall be donated to the common school fund or to a any charitable organization at the option of the registrant's treasurer.
32,11n
Section 11n. 11.16 (2) of the statutes is amended to read:
11.16 (2) Limitation on cash contributions. Except as provided in s. 11.506 (6), every Every contribution of money exceeding $50 shall be made by negotiable instrument or evidenced by an itemized credit card receipt bearing on the face the name of the remitter. No treasurer may accept a contribution made in violation of this subsection. The treasurer shall promptly return the contribution, or donate it to the common school fund or to a charitable organization in the event that the donor cannot be identified.
32,11r
Section 11r. 11.16 (3) of the statutes is amended to read:
11.16 (3) Form of disbursements.
Except as authorized under s. 11.511 (1), every Every disbursement which is made by a registered individual or treasurer from the campaign depository account shall be made by negotiable instrument. Such instrument shall bear on the face the full name of the candidate, committee, individual or group as it appears on the registration statement filed under s. 11.05 and where necessary, such additional words as are sufficient to clearly indicate the political nature of the registrant or account of the registrant. The name of a political party shall include the word "party". The instrument of each committee registered with the board and designated under s. 11.05 (3) (c) as a special interest committee shall bear the identification number assigned under s. 11.21 (12) on the face of the instrument.
32,11w
Section 11w. 11.16 (5) of the statutes is amended to read:
11.16 (5) Escrow agreements. Any personal campaign committee, political party committee or legislative campaign committee may, pursuant to a written escrow agreement with more than one candidate, solicit contributions for and conduct a joint fund raising effort or program on behalf of more than one named candidate. The agreement shall specify the percentage of the proceeds to be distributed to each candidate by the committee conducting the effort or program. The committee shall include this information in all solicitations for the effort or program. All contributions received and disbursements made by the committee in connection with the effort or program shall be received and disbursed through a separate depository account under s. 11.14 (1) that is identified in the agreement. For purposes of s. 11.06 (1), the committee conducting the effort or program shall prepare a schedule in the form prescribed by the board supplying all required information under s. 11.06 (1) and items qualifying for exclusion under s. 11.31 (6) for the effort or program, and shall transmit a copy of the schedule to each candidate who receives any of the proceeds within the period prescribed in s. 11.06 (4) (c).
32,12b
Section 12b. 11.21 (15) of the statutes is repealed.
32,12d
Section 12d. 11.26 (1) (a) of the statutes is amended to read:
11.26 (1) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, or state superintendent, or justice, $10,000.
32,12e
Section 12e. 11.26 (1) (am) of the statutes is repealed.
32,12g
Section 12g. 11.26 (2) (a) of the statutes is amended to read:
11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, or state superintendent, or justice, 4 percent of the value of the disbursement level specified in the schedule under s. 11.31 (1).
32,12h
Section 12h. 11.26 (2) (an) of the statutes is repealed.
32,12j
Section 12j. 11.26 (9) (a) of the statutes is amended to read:
11.26 (9) (a) Except as provided in par. (ba), no No individual who is a candidate for state or local office may receive and accept more than 65 percent of the value of the total disbursement level determined under s. 11.31 or 11.511 (7) (a) 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.
32,12k
Section 12k. 11.26 (9) (b) of the statutes is amended to read:
11.26 (9) (b) Except as provided in par. (ba), no No individual who is a candidate for state or local office may receive and accept more than 45 percent of the value of the total disbursement level determined under s. 11.31 or 11.511 (7) (a) 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.
32,12L
Section 12L. 11.26 (9) (ba) of the statutes is repealed.
32,12m
Section 12m. 11.26 (9) (c) of the statutes is repealed.
32,12n
Section 12n. 11.26 (10) of the statutes is repealed.
32,12p
Section 12p. 11.26 (13) of the statutes is repealed.
32,12s
Section 12s. 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), (2), and (9) and (10), the "campaign" of a candidate begins and ends at the times specified in this subsection.
32,13b
Section 13b. 11.31 (title) of the statutes is amended to read:
11.31 (title) Disbursement levels and limitations; calculation.
32,13d
Section 13d. 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. Except as provided in sub. (2), such The 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.
32,13g
Section 13g. 11.31 (1) (d) of the statutes is amended to read:
