1995 - 1996 LEGISLATURE
ASSEMBLY AMENDMENT 13,
To ASSEMBLY SUBSTITUTE AMENDMENT 2,
To 1995 ASSEMBLY BILL 37
February 16, 1995 - Offered by Representatives Bock and Black.
AB37-ASA2-AA13,1,94
5.02
(13) "Political party" or "party" means a state committee registered under
5s. 11.05 organized exclusively for political purposes under whose name candidates
6appear on a ballot at any election, and all county, congressional, legislative, local and
7other affiliated committees authorized to operate under the same name. For
8purposes of ch. 11, the term does not include a legislative campaign committee
or a
9committee filing an oath under s. 11.06 (7).
AB37-ASA2-AA13,2,2011
11.001
(1) The legislature finds and declares that our democratic system of
12government can be maintained only if
the electorate is
citizens of the state are 13informed
and encouraged to participate in the election process as contributors,
14candidates and electors. It further finds that excessive spending on campaigns for
15public office
jeopardizes, large contributions and independent campaign
1expenditures by special interests jeopardize the integrity of elections
and discourage
2the participation of citizens in election campaigns. It is desirable to encourage the
3broadest possible participation
in financing campaigns by all citizens of the state,
to
4reduce the influence of special interests, to encourage the election of candidates who
5have a broad and diverse base of support and to enable candidates to have an equal
6opportunity to present their programs to the voters.
One of the most important
7sources of information to the voters is available through the campaign finance
8reporting system. Campaign reports provide information which aids the public in
9fully understanding the public positions taken by a candidate or political
10organization. When the true source of support or extent of support
for a candidate 11is not fully disclosed,
or when a candidate becomes overly dependent upon large
12private contributors,
or when special interests unduly influence a campaign either
13through contributions or independent expenditures in support of or opposition to a
14candidate, the democratic process is subjected to
a potential corrupting
influence 15influences. The legislature therefore finds that the state has a compelling interest
16in designing a system for fully disclosing contributions and expenditures made on
17behalf of every candidate for public office, and in placing reasonable limitations on
18such activities.
Such a system must make readily available to the voters complete
19information as to who is supporting or opposing which candidate or cause and to
20what extent, whether directly or indirectly.
AB37-ASA2-AA13,2,22
21(2) This chapter is intended to serve
the public purpose of stimulating the
22following purposes:
AB37-ASA2-AA13,2,23
23(a) To stimulate vigorous campaigns on a fair and equal basis
and to.
AB37-ASA2-AA13,2,24
24(b) To provide for a better informed electorate.
AB37-ASA2-AA13, s. 1g
1Section 1g. 11.001 (2) of the statutes is renumbered 11.001 (2) (c) and amended
2to read:
AB37-ASA2-AA13,3,63
11.001
(2) (c)
This chapter is also intended to To ensure fair and impartial
4elections by precluding officeholders from utilizing the perquisites of office at public
5expense in order to gain an advantage over nonincumbent candidates who have no
6perquisites available to them.
AB37-ASA2-AA13,3,98
11.001
(2) (d) To maintain the integrity of the democratic system in this state,
9and public confidence in it.
AB37-ASA2-AA13,3,1010
(e) To promote full and free campaign discussion and debate.
AB37-ASA2-AA13,3,1211
(f) To relieve candidates for elective office and elective officeholders from
12excessive fund-raising impediments to purposive political conduct and discourse.
AB37-ASA2-AA13,3,1413
(g) To control corruption and undue influence, or the appearance thereof, in the
14financing of state election campaigns.
AB37-ASA2-AA13,3,1816
11.01
(12s) "Legislative campaign committee" means a committee
which does
17not file an oath under s. 11.06 (7) organized in either house of the legislature to
18support candidates of a political party for legislative office.
AB37-ASA2-AA13,4,1520
11.05
(2r) General reporting exemptions. Any person, committee or group
,
21other than a committee or individual required to file an oath under s. 11.06 (7), who
22or which does not anticipate accepting contributions, making expenditures or
23incurring obligations in an aggregate amount in excess of $1,000 in a calendar year
24and does not anticipate accepting any contribution or contributions from a single
25source, other than contributions made by a candidate to his or her own campaign,
1exceeding $100 in that year may indicate on its registration statement that the
2person, committee or group will not accept contributions, incur obligations or make
3expenditures in the aggregate in excess of $1,000 in any calendar year and will not
4accept any contribution or contributions from a single source, other than
5contributions made by a candidate to his or her own campaign, exceeding $100 in
6such year. Any registrant making such an indication is not subject to any filing
7requirement if the statement is true. The registrant need not file a termination
8report. A registrant not making such an indication on a registration statement is
9subject to a filing requirement. The indication may be revoked and the registrant
10is then subject to a filing requirement as of the date of revocation, or the date that
11aggregate contributions, expenditures or obligations for the calendar year exceed
12$1,000, or the date on which the registrant accepts any contribution or contributions
13exceeding $100 from a single source, other than contributions made by a candidate
14to his or her own campaign, during that year, whichever is earlier. If the revocation
15is not timely, the registrant violates s. 11.27 (1).
AB37-ASA2-AA13,4,19
16(3) (p) In the case of a support committee, a statement signed by the individual
17on whose behalf the committee intends to operate affirming that the committee is the
18only committee authorized to operate on his or her behalf
, unless the committee files
19a statement under s. 11.06 (7).".
AB37-ASA2-AA13,5,72
11.10
(3) Every committee shall appoint a treasurer.
Every individual under
3s. 11.06 (7) shall be deemed his or her own treasurer. No expenditure may be made
4or obligation incurred by or on behalf of a committee without the authorization of the
5treasurer or designated agents. No contribution may be accepted and no expenditure
6may be made or obligation incurred by any committee at a time when there is a
7vacancy in the office of treasurer.
AB37-ASA2-AA13,5,149
11.12
(1) (a) No contribution may be made or received and no expenditure may
10be made or obligation incurred by a person or committee, except within the amount
11authorized under s. 11.05 (1) and (2), in support of or in opposition to any specific
12candidate or candidates in an election, other than through the campaign treasurer
13of the candidate or the candidate's opponent
, or by or through an individual or
14committee registered under s. 11.05 and filing a statement under s. 11.06 (7).
AB37-ASA2-AA13,5,18
15(2) Any anonymous contribution exceeding $10 received by a campaign or
16committee treasurer
or by an individual under s. 11.06 (7) may not be used or
17expended. The contribution shall be donated to the common school fund or to any
18charitable organization at the option of the treasurer.
AB37-ASA2-AA13,5,25
19(3) All contributions, expenditures and incurred obligations exceeding $10
20shall be recorded by the campaign or committee treasurer
or the individual under s.
2111.06 (7). He or she shall maintain such records in an organized and legible manner,
22for not less than 3 years after the date of an election in which the registrant
23participates. If a report is submitted under s. 11.19 (1), the records may be
24transferred to a continuing committee or to the appropriate filing officer for
25retention. Records shall include the information required under s. 11.06 (1).".
AB37-ASA2-AA13,6,2
2"
Section 5g. 11.16 (1) (a) and (b) of the statutes are amended to read:
AB37-ASA2-AA13,6,83
11.16
(1) (a) No expenditure may be made or obligation incurred by a candidate,
4or by any other person or committee to advocate the election or defeat of a clearly
5identified candidate,
other than an individual who, or a committee which, has
6registered under s. 11.05 and filed an oath under s. 11.06 (7), except by the campaign
7treasurer of the candidate or other agent designated by the candidate and acting
8under his or her authority.
AB37-ASA2-AA13,6,159
(b) The treasurer of each committee and each individual who proposes to make
10a expenditure to advocate the election or defeat of a clearly identified candidate shall
11notify the treasurer or other agent designated under par. (a) of the candidate who is
12supported or whose opponent is opposed and obtain the authorization of the
13treasurer prior to making the expenditure.
This paragraph does not apply to an
14individual or committee filing an oath under s. 11.06 (7) with respect to the candidate
15who is supported or opposed.
AB37-ASA2-AA13,6,2117
11.18
(6) If an individual on whose behalf a support committee is authorized
18to operate under s. 11.05 (3) (p) becomes a candidate, the committee shall be adopted
19by the candidate as his or her personal campaign committee.
A support committee
20which files a statement under s. 11.06 (7) may not be adopted by a candidate as a
21personal campaign committee.".
AB37-ASA2-AA13,7,6
111.21
(15) Inform each candidate who files an application to become eligible to
2receive a grant from the Wisconsin election campaign fund of the dollar amount of
3the applicable expenditure limitation under s. 11.31
(1), adjusted as provided under
4s. 11.31 (9), or under s. 11.31 (1m) which applies to
the office for which such person
5is a that candidate. Failure to receive the notice required by this subsection does not
6constitute a defense to a violation of s. 11.27 (1) or 11.31.
AB37-ASA2-AA13,7,119
11.25
(1m) No individual, other than a candidate, and no committee, other
10than a personal campaign committee, may make disbursements which are to be used
11to advocate the election or defeat of any clearly identified candidate in any election.
AB37-ASA2-AA13,7,1713
11.26
(1) (intro.) No individual may make any contribution or contributions to
14a candidate for election or nomination to any of the following offices
and to any
15individual or committee under s. 11.06 (7) acting solely in support of such a candidate
16or solely in opposition to the candidate's opponent to the extent of more than a total
17of the amounts specified per candidate:
AB37-ASA2-AA13,7,2419
11.26
(2) (intro.) No committee other than a political party committee or
20legislative campaign committee may make any contribution or contributions to a
21candidate for election or nomination to any of the following offices
and to any
22individual or committee under s. 11.06 (7) acting solely in support of such a candidate
23or solely in opposition to the candidate's opponent to the extent of more than a total
24of the amounts specified per candidate:
AB37-ASA2-AA13,8,3
111.26
(2) (a) Candidates for governor, lieutenant governor, secretary of state,
2state treasurer, attorney general, state superintendent or justice, 4% of the value of
3the expenditure
level limitation specified in the schedule under s. 11.31 (1).".
AB37-ASA2-AA13,8,238
11.26
(10) No candidate for state office who files a sworn statement and
9application to receive a grant from the Wisconsin election campaign fund may make
10contributions of more than 200% of the amounts specified in sub. (1) to the
11candidate's own campaign from the candidate's personal funds or property or the
12personal funds or property which are owned jointly or as marital property with the
13candidate's spouse, unless the board determines that the candidate is not eligible to
14receive a grant
, or the candidate withdraws his or her application under s. 11.50 (2)
15(h)
, or s. 11.50 (2) (i) applies. For purposes of this subsection, any contribution
16received by a candidate or his or her personal campaign committee from a committee
17which is registered with the federal elections commission as the authorized
18committee of the candidate under
2 USC 432 (e) shall be treated as a contribution
19made by the candidate to his or her own campaign. The contribution limit of sub. (4)
20applies to amounts contributed by such a candidate personally to the candidate's own
21campaign and to other campaigns, except that a candidate may exceed the limitation
22if authorized under this subsection to contribute more than the amount specified to
23the candidate's own campaign, up to the amount of the limitation.".
AB37-ASA2-AA13,9,4
411.31 (title)
Disbursement levels and limitations; calculation.
AB37-ASA2-AA13,9,86
11.31
(1) Schedule. (intro.) No candidate may make or authorize total
7expenditures from his or her campaign treasury in any campaign to the extent of
8more than the following amount for each of the offices indicated:
AB37-ASA2-AA13,9,1010
11.31
(1) (a) Candidates for governor,
$1,078,200 $2,000,000.
AB37-ASA2-AA13,9,1111
(b) Candidates for lieutenant governor,
$323,475
$250,000.
AB37-ASA2-AA13,9,1212
(c) Candidates for attorney general,
$539,000 $700,000.
AB37-ASA2-AA13,9,1413
(d) Candidates for secretary of state, state treasurer, justice or state
14superintendent,
$215,625 $250,000.
AB37-ASA2-AA13,9,1615
(e) Candidates for state senator,
$34,500 total in the primary and election, with
16expenditures not exceeding $21,575 for either the primary or the election $80,000.
AB37-ASA2-AA13,9,1917
(f) Candidates for representative to the assembly,
$17,250 total in the primary
18and election, with expenditures not exceeding $10,775 for either the primary or the
19election $40,000.
AB37-ASA2-AA13,9,2422
11.31
(3) Gubernatorial campaigns. For purposes of compliance with the
23limitations imposed under sub.
(2) (1), candidates for governor and lieutenant
24governor of the same political party
who both accept grants from the Wisconsin
1election campaign fund may agree to combine expenditure
levels limitations under
2sub. (1) (a) and (b) and reallocate the total
level
limitation between them. The
3candidates shall each inform the board of any such agreement.
AB37-ASA2-AA13,10,129
11.40
(2) No public utility or anyone connected therewith may offer or give any
10special privilege to any candidate for public office or any committee or its members
11or employes
, or any individual under s. 11.06 (7), or to any 3rd party at the request
12of or for the advantage of any of them.
AB37-ASA2-AA13,10,15
13(3) No candidate for public office or any committee or member or employe
14thereof
or any individual under s. 11.06 (7) may ask for or accept any special privilege
15from any public utility.
