LRBa0315/1
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1995 - 1996 LEGISLATURE
ASSEMBLY AMENDMENT 3,
To ASSEMBLY SUBSTITUTE AMENDMENT 2,
To 1995 ASSEMBLY BILL 37
February 16, 1995 - Offered by Representatives Boyle, Linton, Hubler and
Dueholm.
AB37-ASA2-AA3,2,24
7.08
(2) (c) As soon as possible after the canvass of the spring and September
5primary votes, but no later than the first Tuesday in March and the 4th Tuesday in
6September, transmit to the state treasurer a certified list of all eligible candidates
7for state office who have filed applications under s. 11.50 (2) and whom the board
8determines to be eligible to receive payments from the Wisconsin election campaign
9fund.
As soon as possible after the deadline under s. 8.15 (1), the board shall also
10transmit to the state treasurer a certified list of all eligible candidates for the office
11of representative to the assembly who have filed applications under s. 11.50 (2) and
12whom the board determines to be eligible to receive payments from the Wisconsin
13election campaign fund in the primary, and the amount of the payments to which the
14candidates are entitled. The list shall contain each candidate's name, the mailing
1address indicated upon the candidate's registration form, the office for which the
2individual is a candidate and the party or principle which he or she represents, if any.
AB37-ASA2-AA3,2,194
7.08
(2) (cm) As soon as possible after the canvass of a special primary, or the
5date that the primary would be held, if required, transmit to the state treasurer a
6certified list of all eligible candidates for state office who have filed applications
7under s. 11.50 (2) and whom the board determines to be eligible to receive a grant
8from the Wisconsin election campaign fund prior to the election. The board shall also
9transmit a similar list of candidates, if any, who have filed applications under s. 11.50
10(2) and whom the board determines to be eligible to receive a grant under s. 11.50 (1)
11(a) 2. after the special election.
As soon as possible after the applicable deadline
12under s. 8.50 (3) (a), the board shall also transmit to the state treasurer a certified
13list of all eligible candidates for the office of representative to the assembly who have
14filed applications under s. 11.50 (2) and whom the board determines to be eligible to
15receive a grant from the Wisconsin election campaign fund in the primary, and the
16amount of the grant to which each candidate is entitled. The list shall contain each
17candidate's name, the mailing address indicated upon the candidate's registration
18form, the office for which the individual is a candidate and the party or principle
19which he or she represents, if any.".
AB37-ASA2-AA3,3,423
11.24
(3) No candidate for the office of representative to the assembly, personal
24campaign committee of such a candidate or support committee of such a candidate
1authorized under s. 11.05 (3) (p) may accept any contribution from a committee other
2than a political party, personal campaign, legislative campaign or support committee
3under s. 11.18. No such candidate or committee may accept any contribution from
4an individual that is transferred to the candidate or committee by a conduit.
AB37-ASA2-AA3,3,66
11.26
(1) (c) Candidates for representative to the assembly,
$500 $100.".
AB37-ASA2-AA3,3,119
11.31
(1) (f) Candidates for representative to the assembly,
$17,250 $17,000 10total in the primary and election, with disbursements not exceeding
$10,775 $7,000 11for
either the primary
or the election.
AB37-ASA2-AA3,4,513
11.31
(2) Limitation imposed. No candidate for the office of representative to
14the assembly may make or authorize total disbursements from the campaign
15depository in any campaign to the extent of more than the amount prescribed in sub.
16(1). No candidate for
any state office
other than representative to the assembly at
17a spring or general election who files a sworn statement and application to receive
18a grant from the Wisconsin election campaign fund may make or authorize total
19disbursements from the campaign treasury in any campaign to the extent of more
20than the amount prescribed in sub. (1), unless the board determines that the
21candidate is not eligible to receive a grant, the candidate withdraws his or her
22application under s. 11.50 (2) (h), or s. 11.50 (2) (i) applies. No candidate for
any state
23office
other than representative to the assembly at a special election who files a
24sworn statement and application to receive a grant from the Wisconsin election
1campaign fund may make or authorize total disbursements from the campaign
2treasury in any campaign to the extent of more than the amount prescribed under
3sub. (1) for the preceding spring or general election for the same office, unless the
4board determines that the candidate is not eligible to receive a grant, the candidate
5withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) applies.".
AB37-ASA2-AA3,4,7
7"
Section 15c. 11.50 (2) (b) 3. of the statutes is amended to read:
AB37-ASA2-AA3,4,138
11.50
(2) (b) 3. The candidate has an opponent who is certified for placement
9on the election ballot as a candidate for the same office
and in the case of a candidate
10for the office of representative to the assembly who seeks to qualify for a grant at a
11primary election, the candidate has an opponent who is certified for placement on the
12primary ballot as a candidate for the same office on the ballot of the same political
13party;
AB37-ASA2-AA3,5,2315
11.50
(2) (b) 5.
The In the case of a candidate for the office of representative to
16the assembly, the financial reports filed by or on behalf of the candidate as of the
17applicable deadline for filing nomination papers under par. (a) indicate, or in the case
18of any other candidate for state office the financial reports filed by or on behalf of the
19candidate as of the date of the spring or September primary, or the date that the
20special primary is or would be held, if required, indicate
, that the candidate has
21received at least the amount provided in this subdivision, from contributions of
22money, other than loans, made by individuals, which have been received during the
23period ending on the date of the spring primary and July 1 preceding such date in
24the case of candidates at the spring election,
or the applicable deadline for filing
1nomination papers under s. 8.15 (1) or 8.20 (8) (a) and January 1 preceding such date
2in the case of candidates for representative to the assembly at the general election, 3or the date of the September primary and January 1 preceding such date in the case
4of candidates
for any other state office at the general election,
or the applicable
5deadline for filing nomination papers under s. 8.50 (3) (a) and 90 days preceding such
6date in the case of candidates for the office of representative to the assembly at a
7special election or the date that a special primary will or would be held, if required,
8and 90 days preceding such date or the date a special election is ordered, whichever
9is earlier, in the case of
special election candidates
for any other state office at a
10special election, which contributions are in the aggregate amount of $100 or less, and
11which are fully identified and itemized as to the exact source thereof. A contribution
12received from a conduit which is identified by the conduit as originating from an
13individual shall be considered a contribution made by the individual. Only the first
14$100 of an aggregate contribution of more than $100 may be counted toward the
15required percentage. For a candidate at the spring or general election for an office
16identified in s. 11.26 (1) (a) or a candidate
for any office other than representative to
17the assembly at a special election, the required amount to qualify for a grant is 5%
18of the candidate's authorized disbursement limitation under s. 11.31.
For a
19candidate at the general election or a special election for the office of representative
20to the assembly, the required amount to qualify for a grant is $1,250, except as
21provided in sub. (4) (cm) and (d). For any other candidate at the general election, the
22required amount to qualify for a grant is 10% of the candidate's authorized
23disbursement limitation under s. 11.31.
AB37-ASA2-AA3,6,18
111.50
(2) (c)
If a candidate for the office of representative to the assembly has
2not filed financial reports as of the applicable deadline for filing nomination papers
3under par. (a) which indicate that he or she has met the qualifications under par. (b)
45., the candidate may file a special report with the board. Such report shall be filed
5not later than the 7th day after the applicable deadline under par. (a). If a candidate
6for any other state office has not filed financial reports as of the date of the spring
7primary, September primary, special primary, or date that the special primary would
8be held, if required, which indicate that he or she has met the qualification under par.
9(b) 5., the candidate may file a special report with the board. Such report shall be
10filed not later than the 7th day after the primary, or 7th day after the date the
11primary would be held, if required
, and. The special report shall include such
12supplementary information as to sources of contributions which may be necessary
13to complete the candidate's qualification. The special report shall cover the period
14from the day after the last date covered on the candidate's most recent report, or from
15the date on which the first contribution was received or the first disbursement was
16made, whichever is earlier, if the candidate has not previously filed a report, to the
17date of such report. All information included on the special report shall also be
18included in the candidate's next report under s. 11.20.
AB37-ASA2-AA3,7,320
11.50
(2) (f) The board shall inform each candidate in writing of the approval
21or disapproval of the candidate's application, as promptly as possible after the
22applicable deadline under par. (a) in the case of a candidate for the office of
23representative to the assembly, or as soon as possible after the date of the spring
24primary, September primary, special primary, or date that the primary would be
25held, if required
in the case of a candidate for any other state office. With respect to
1a candidate at a special election who applies for a postelection grant under sub. (1)
2(a) 2., the board shall inform the candidate in writing of the conditional approval or
3disapproval of the candidate's application at the same time.
AB37-ASA2-AA3,7,125
11.50
(2) (h) An eligible candidate who files an application under par. (a) may
6file a written withdrawal of the application. A withdrawal of an application may be
7filed with the board no later than the 7th day after the day of the primary in which
8the person withdrawing the application is a candidate or the 7th day after the date
9that the primary would be held, if required.
If
Except in the case of a candidate for
10the office of representative to the assembly, if an application is withdrawn in
11accordance with this paragraph, the person withdrawing the application is no longer
12bound by the statement filed under par. (a) after the date of the withdrawal.
AB37-ASA2-AA3,8,214
11.50
(2) (i) Notwithstanding par. (g), if an eligible candidate at the spring
15election or a special nonpartisan election who accepts a grant is opposed by one or
16more candidates in the election, or if an eligible candidate
for any state office other
17than representative to the assembly at the general election or a special partisan
18election who accepts a grant is opposed by one or more candidates in the election who
19receive at least 6% of the vote cast for all candidates for the same office on all ballots
20at the September primary or a special partisan primary if a primary was held, and
21in either case if any such opponent of the eligible candidate does not accept a grant
22under this section in whole or in part, the eligible candidate is not bound by the
23pledge made in his or her application to adhere to the contribution limitations
24prescribed in s. 11.26 and the disbursement limitation prescribed under s. 11.31,
1unless each such opponent files an affidavit of voluntary compliance under s. 11.31
2(2m).
AB37-ASA2-AA3,8,94
11.50
(4) (c) The legislative and special election campaign account shall be
5divided into a senate campaign account to receive 25% of the moneys, and an
6assembly campaign account to receive 75% of the moneys. Each account shall then
7be apportioned between all eligible candidates for the same office in the entire state.
8No Except as provided in pars. (cm) and (d), no apportionment shall be made by
9legislative district.
AB37-ASA2-AA3,8,2311
11.50
(4) (cm) Each eligible candidate for the same office at a special election
12shall receive an equal amount, which amount shall be equivalent to the maximum
13grant which was payable to any candidate for that office at the most recent spring
14or general election.
In the case of a candidate for the office of representative to the
15assembly at a special primary, and if the candidate is nominated at the primary, not
16more than $2,500 shall be payable for the primary and not more than $6,000 shall
17be payable for the special election. The amount shall be drawn from the senate
18campaign account and the assembly campaign account in the same proportions as
19the balance in each account bears to the total balance in both accounts at the time
20that payments are made. Whenever there are insufficient moneys in the senate
21campaign account and the assembly campaign account to make the payments
22required by this paragraph, payments shall be appropriately reduced or
23discontinued by the board.
AB37-ASA2-AA3,9,10
111.50
(4) (d) Within the accounts established under this subsection for each
2office at each general election, the entire amount of all available moneys shall be
3apportioned equally to all eligible candidates
for each office other than
4representative to the assembly. From the assembly campaign account, $1,250 shall
5be paid to each candidate who qualifies for a grant at a primary and for each
6additional qualifying dollar contributed under s. 11.50 (2) (b) 5., an additional dollar
7shall be added to that amount, not to exceed $2,500; and $6,000 shall be paid to each
8candidate who qualifies for a grant at the general or a special election. The board
9shall proportionately reduce grant amounts if insufficient moneys are available in
10any account.
AB37-ASA2-AA3,9,2212
11.50
(8) Lapsing grants. All grants disbursed under sub. (5) remain the
13property of the state until disbursed or encumbered for a lawful purpose. All grant
14moneys that are unspent and unencumbered by a candidate on the day after the
15election in which the candidate participates shall revert to the state
, except that with
16respect to a candidate for the office of representative to the assembly at a primary
17who is not nominated at the primary, all grant moneys that are unspent and
18unencumbered by a candidate on the day after the primary shall revert to the state.
19All deposits and refunds derived from grant moneys that are received by a candidate
20at any time after the day of the election in which the candidate participates shall
21revert to the state. All reversions shall be returned to the board by the candidate and
22shall be deposited in the fund.".
AB37-ASA2-AA3,10,65
11.50
(11) (a)
No Except as authorized under this section for a candidate for the
6office of representative to the assembly, no grant may be utilized in any primary.
AB37-ASA2-AA3,10,178
11.50
(12) Proof of payment. No later than the next due date for continuing
9reports under s. 11.20 (4) which occurs at least 30 days after an election in which a
10candidate receives a grant,
no later than 30 days after each primary election at which
11a candidate for the office of representative to the assembly who is not nominated at
12the primary receives a grant, or no later than 30 days after each special election in
13which a candidate receives a grant, whichever is earlier, the candidate or his or her
14campaign treasurer shall deliver or transmit to the board by 1st class mail, sufficient
15proof of payment for all disbursements made from grants distributed under this
16section. This subsection does not restrict the authority of the board to audit records
17under ss. 5.05 (2) and 13.94 (1) (k).".
