Amendment SSA1-SB7

LRBs0134/1

JTK/JS/MES:kmg&kaf:hmh

1997 - 1998 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 1997 SENATE BILL 7

June 12, 1997 - Offered by Committee on Judiciary, Campaign Finance Reform and Consumer Affairs.

SB7-SSA1,3,5 An Act to repeal 11.01 (12s), 11.05 (3) (o), 11.26 (8), 11.265, 11.31 (4), 13.625 (1) (c) 1. and 2., 15.07 (1) (a) 2. and 19.42 (10) (a); to renumber 11.24 (2), 11.50 (5) and 11.50 (7); to renumber and amend 11.12 (6), 11.26 (9) (c), 11.50 (9) and 13.625 (1) (c) (intro.); to amend 5.02 (13), 5.05 (1) (b), 7.08 (2) (c) and (cm), 7.70 (3) (e) 1., 8.35 (4) (a) 1. a. and b., 10.02 (3) (b) 2m., 11.05 (3) (c), 11.05 (9) (b), 11.06 (1) (a), 11.06 (1) (e), 11.06 (2), 11.06 (7m) (a), 11.06 (7m) (c), 11.06 (11) (c), 11.07 (5), 11.09 (3), 11.12 (2), 11.16 (2), 11.16 (5), 11.19 (title) and (1), 11.20 (3) (b), 11.20 (3) (d), 11.20 (3) (g), 11.20 (3) (L), 11.20 (8) (intro.), 11.20 (10) (a), 11.20 (12), 11.21 (15), 11.23 (2), 11.26 (1) (intro.), 11.26 (2) (intro.), 11.26 (4), 11.26 (9) (a) and (b), 11.26 (12m), 11.31 (1) (d), 11.31 (1) (e) and (f), 11.31 (2), 11.31 (3), 11.31 (6), 11.31 (7) (c), 11.38 (6), 11.50 (1) (a) 1. and 2., 11.50 (2) (b) 5., 11.50 (2) (c) and (d), 11.50 (2) (i), 11.50 (3) (a) (intro.), 11.50 (3) (a) 1. and 2., 11.50 (4) (a), 11.50 (4) (c), (cm) and (d), 11.50 (6), 11.50 (8), 11.50 (11) (e), 11.50 (12), 11.60 (1), 11.60 (4), 11.61 (1) (a), 13.14 (3), 13.20 (1), 13.625 (1) (b) 3., 13.625 (2), 13.625 (6), 15.07 (3) (a), 15.61, 20.510 (1) (q), 20.923 (6) (h), 25.42, 70.11 (intro.), 71.10 (3) (a), 71.26 (1) (intro.), 71.26 (1) (a), 71.45 (1) and 230.08 (2) (f); to repeal and recreate 11.31 (3m); and to create 5.05 (10), 7.08 (2) (cn), 11.05 (3) (m), 11.05 (3) (q) and (r), 11.05 (14), 11.095, 11.12 (6) (b), 11.19 (1m) and (6), 11.20 (2e), 11.20 (8) (am), 11.21 (16), 11.24 (3) and (4), 11.26 (8m), 11.26 (9) (c) 2., 11.30 (6), 11.31 (1) (de), 11.31 (1m), 11.31 (2r), 11.31 (2s), 11.31 (7) (am), 11.31 (9), 11.50 (1) (an) and (bm), 11.50 (2) (bm), 11.50 (2) (j), (k) and (m), 11.50 (2m), 11.50 (3) (c), 11.50 (4) (dm), 11.50 (4) (e), 11.50 (5) (b), 11.50 (7) (b), 11.50 (9) (b), 11.50 (9) (e) and (g), 11.60 (3m), 11.60 (3n) and (3p), 11.61 (1) (d), 11.61 (1) (e), 20.510 (1) (d), 20.510 (1) (i), 71.05 (6) (a) 20., 71.07 (5) (a) 8., 71.26 (1g), 71.26 (2) (b) 1g., 71.26 (3) (e) 4., 71.34 (1) (ad), 71.45 (1g), 71.45 (2) (a) 15. and 806.04 (11m) of the statutes; relating to: designations for the Wisconsin election campaign fund by individuals filing state income tax returns, income and franchise tax deductions for certain business expenses related to lobbying, regulation of certain telephoning activities pertaining to elections, temporary revocation of certain tax exemptions for violating regulations pertaining to such telephoning, public information related to the Wisconsin election campaign fund, eligibility requirements for and the amounts of grants from the Wisconsin election campaign fund, grants from the Wisconsin election campaign fund for political party committees, disbursement levels applicable to candidates for certain state offices, independent disbursements in support of or opposition to candidates for certain state offices, contribution restrictions and limitations, treatment of legislative campaign committees, disposition of residual or excess campaign funds, application of the campaign finance registration requirement, information provided on campaign finance registration statements, filing of campaign finance reports, composition and meeting dates of the elections board, elimination of legislative partisan caucus staffs, providing exemptions from emergency rule procedures, granting rule-making authority, making appropriations and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB7-SSA1, s. 1 Section 1. 5.02 (13) of the statutes is amended to read:

SB7-SSA1,3,12 5.02 (13) "Political party" or "party" means a state committee registered under s. 11.05 and organized exclusively for political purposes under whose name candidates appear on a ballot at any election, and all county, congressional, legislative, local and other affiliated committees authorized to operate under the same name. For purposes of ch. 11, the term does not include a legislative campaign committee or a committee filing an oath under s. 11.06 (7).

SB7-SSA1, s. 2 Section 2. 5.05 (1) (b) of the statutes is amended to read:

SB7-SSA1,4,2 5.05 (1) (b) In the discharge of its duties and upon notice to the party or parties being investigated, subpoena and bring before it any person in the state and require the production of any papers, books or other records relevant to an investigation. A circuit court may by order permit the inspection and copying of the accounts and the depositor's and loan records at any financial institution, as defined in s. 705.01 (3), doing business in the state or the records of any telecommunications utility, as defined in s. 196.01 (10), doing business in this state, to obtain evidence of any violation of ch. 11 upon showing by the board of probable cause to believe there is a violation and that such accounts and or records may have a substantial relation to the violation. In the discharge of its duties, the board may cause the deposition of witnesses to be taken in the manner prescribed for taking depositions in civil actions in circuit court.

SB7-SSA1, s. 3 Section 3. 5.05 (10) of the statutes is created to read:

SB7-SSA1,4,8 5.05 (10) Preelection meetings. The board shall meet at noon on the Tuesday and the Thursday preceding the September primary, and on the first and 2nd Tuesdays and the first and 2nd Thursdays preceding the general election. Any member of the board may participate in a meeting required under this subsection via teleconference, but not via telephone.

SB7-SSA1, s. 4 Section 4. 7.08 (2) (c) and (cm) of the statutes are amended to read:

SB7-SSA1,5,2 7.08 (2) (c) As soon as possible after the canvass of the spring and September primary votes, but no later than the first Tuesday in March and the 4th Tuesday in September, transmit to the state treasurer a certified list of all eligible candidates for state office who have filed applications under s. 11.50 (2) and whom who the board determines to be eligible to receive payments from the Wisconsin election campaign fund. The board shall also transmit a similar list of candidates who the board determines to be eligible to receive a supplementary grant under s. 11.50 (3) (c), (4) (e) or (9) (b) within 5 days after the candidates qualify to receive the grants. Each list shall contain each candidate's name, the mailing address indicated upon the candidate's registration form, the office for which the individual is a candidate and, the party or principle which he or she represents, if any, and, for a candidate whose application is approved under s. 11.50 (2) (bm) 1., an indication that the candidate is eligible for 50% of the amount that would have been available to the candidate if his or her application had been approved under s. 11.50 (2) (b). As soon as possible after receiving supplemental reports under s. 11.50 (2) (bm) 2., but no later than 28 days after the date specified in s. 11.50 (2) (b) 5., the board shall transmit to the state treasurer a certified list of all candidates who are eligible for supplemental payments under s. 11.50 (2) (bm) 2.

SB7-SSA1,5,21 (cm) As soon as possible after the canvass of a special primary, or the date that the primary would be held, if required, transmit to the state treasurer a certified list of all eligible candidates for state office who have filed applications under s. 11.50 (2) and whom who the board determines to be eligible to receive a grant from the Wisconsin election campaign fund prior to the election. The board shall also transmit a similar list of candidates, if any, who have filed applications under s. 11.50 (2) and whom who the board determines to be eligible to receive a supplementary grant under s. 11.50 (1) (a) 2. after the special election. The or a supplementary grant under s. 11.50 (4) (e) or (9) (b) within 5 days after the candidates qualify to receive the grants. Each list shall contain each candidate's name, the mailing address indicated upon the candidate's registration form, the office for which the individual is a candidate and, the party or principle which he or she represents, if any, and, for a candidate whose application is approved under s. 11.50 (2) (bm) 1., an indication that the candidate is eligible for 50% of the amount that would have been available to the candidate if his or her application had been approved under s. 11.50 (2) (b). As soon as possible after receiving supplemental reports under s. 11.50 (2) (bm) 2., but not later than 28 days after the date specified in s. 11.50 (2) (b) 5., the board shall transmit to the state treasurer a certified list of all candidates who are eligible for supplemental payments under s. 11.50 (2) (bm) 2.

SB7-SSA1, s. 5 Section 5. 7.08 (2) (cn) of the statutes is created to read:

SB7-SSA1,6,6 7.08 (2) (cn) No later than the 10th day after the September primary, the board shall transmit to the state treasurer a list of political party committees which the board has determined to be eligible to receive grants from the Wisconsin election campaign fund. The board shall also transmit a similar list of political party committees which the board determines to be eligible to receive supplementary grants under s. 11.50 (9) (g) within 5 days after the committees qualify to receive the grants. The list shall contain the name and chairperson of each committee, the mailing address included on the committee's registration statement and the amount of the grant for which the committee has qualified.

SB7-SSA1, s. 6 Section 6. 7.70 (3) (e) 1. of the statutes is amended to read:

SB7-SSA1,6,13 7.70 (3) (e) 1. After each September primary, the name of each candidate not defeated in the primary who receives at least 6% 2% of the total vote cast for all candidates on all ballots at the primary for each separate state office except district attorney, and the percentage of the total vote received by that candidate. Such percentage shall be calculated within each district in the case of legislative candidates.

SB7-SSA1, s. 7 Section 7. 8.35 (4) (a) 1. a. and b. of the statutes are amended to read:

SB7-SSA1,6,22 8.35 (4) (a) 1. a. Donated to the former candidate's local or state political party if If the former candidate was a partisan candidate or, donated to the former candidate's local or state political party, donated to the a charitable organization of the former candidate's choice or the charitable organization chosen or transferred to the board for deposit in the Wisconsin election campaign fund, as instructed by the former candidate or, if the candidate made no choice, by the former candidate's next of kin if the former candidate is deceased, or if no choice is made returned to the donors on a proportional basis; or

SB7-SSA1,7,2 b. If the former candidate was a nonpartisan candidate, donated to the a charitable organization of the former candidate's choice or the charitable organization chosen or transferred to the board for deposit in the Wisconsin election campaign fund, as instructed by the former candidate or, if the candidate made no choice, by the former candidate's next of kin if the former candidate is deceased; or

SB7-SSA1, s. 8 Section 8. 10.02 (3) (b) 2m. of the statutes is amended to read:

SB7-SSA1,7,13 10.02 (3) (b) 2m. At the September primary, the elector shall select the party ballot of his or her choice or the ballot containing the names of the independent candidates for state office, and make a cross [8] in the square at the right of or depress the lever or button next to the candidate's name for each office for whom the elector intends to vote or insert or write in the name of the elector's choice for a party candidate, if any. In order to qualify for participation in the Wisconsin election campaign fund, a candidate for state office at the September primary, other than a candidate for district attorney, must receive at least 6% 2% of all votes cast on all ballots for the office for which he or she is a candidate, in addition to other requirements.

SB7-SSA1, s. 9 Section 9. 11.01 (12s) of the statutes is repealed.

SB7-SSA1, s. 10 Section 10. 11.05 (3) (c) of the statutes is amended to read:

SB7-SSA1,7,19 11.05 (3) (c) In the case of a committee, a statement as to whether the committee is a personal campaign committee, a political party committee, a legislative campaign committee, a support committee or a special interest committee.

SB7-SSA1, s. 11 Section 11. 11.05 (3) (m) of the statutes is created to read:

SB7-SSA1,7,23 11.05 (3) (m) In the case of a personal campaign committee, the name of the candidate on whose behalf the committee was formed or intends to operate and the office or offices that the candidate seeks.

SB7-SSA1, s. 12 Section 12. 11.05 (3) (o) of the statutes is repealed.

SB7-SSA1, s. 13 Section 13. 11.05 (3) (q) and (r) of the statutes are created to read:

SB7-SSA1,8,4 11.05 (3) (q) If the committee, group or individual does not engage in or retain any other person to engage in persuasive telephoning, as defined in s. 11.095 (1) (a), a separate statement, signed by the same individual who signs the registration form, to this effect.

SB7-SSA1,8,7 (r) In the case of a candidate or personal campaign committee of a candidate, the telephone number or numbers and the facsimile transmission number, if any, at which the candidate may be contacted.

SB7-SSA1, s. 14 Section 14. 11.05 (9) (b) of the statutes is amended to read:

SB7-SSA1,8,14 11.05 (9) (b) An individual who or a committee or group which receives a contribution of money and transfers the contribution to another individual, committee or group while acting as a conduit is not subject to registration under this section unless the individual, committee or group transfers the contribution to a candidate or a personal campaign, legislative campaign, political party or support committee.

SB7-SSA1, s. 15 Section 15. 11.05 (14) of the statutes is created to read:

SB7-SSA1,9,2 11.05 (14) Presumption concerning advertising and contacts during certain periods. Whenever any person publishes, disseminates or broadcasts, or causes to be published, disseminated or broadcast, any communication, or retains any person to engage in persuasive telephoning, as defined in s. 11.095 (1) (a), and in the course of that communication or telephoning includes the name or likeness of a candidate for state or local office during the period beginning on the last day permitted for filing a declaration of candidacy for that office and ending on the date of the election for that office, it is presumed unless established by clear and convincing evidence to the contrary that the communication or telephoning is made for the purpose of influencing the election or nomination for election of that candidate or for the purpose of influencing the recall or retention in office of that candidate.

SB7-SSA1, s. 16 Section 16. 11.06 (1) (a) of the statutes is amended to read:

SB7-SSA1,9,9 11.06 (1) (a) An itemized statement giving the date, full name and street address of each contributor who has made a contribution in excess of $20, or whose contribution if $20 or less aggregates more than $20 for the calendar year, together with the amount of the contribution and the cumulative total contributions made by that contributor for the calendar year and, if the contributor made the contribution through a conduit, the identity of the conduit.

SB7-SSA1, s. 17 Section 17. 11.06 (1) (e) of the statutes is amended to read:

SB7-SSA1,9,14 11.06 (1) (e) An itemized statement of contributions over $20 from a single source donated to a charitable organization or to the common school fund, with the full name and mailing address of the donee, and a statement of contributions over $20 transferred to the board for deposit in the Wisconsin election campaign fund.

SB7-SSA1, s. 18 Section 18. 11.06 (2) of the statutes is amended to read:

SB7-SSA1,9,24 11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding sub. (1), if a disbursement is made or obligation incurred by an individual other than a candidate or by a committee or group which is not primarily organized for political purposes, and the disbursement does not constitute a contribution to any candidate or other individual, committee or group, the disbursement or obligation is required to be reported only if the purpose is to expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a referendum. The exemption provided by this subsection shall in no case be construed to apply to a political party, legislative campaign, personal campaign or support committee.

SB7-SSA1, s. 19 Section 19. 11.06 (7m) (a) of the statutes is amended to read:

SB7-SSA1,10,15 11.06 (7m) (a) If a committee which was registered under s. 11.05 as a political party committee or legislative campaign committee supporting candidates of a political party files an oath under sub. (7) affirming that it does not act in cooperation or consultation with any candidate who is nominated to appear on the party ballot of the party at a general or special election, that the committee does not act in concert with, or at the request or suggestion of, such a candidate, that the committee does not act in cooperation or consultation with such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, and that the committee does not act in concert with, or at the request or suggestion of, such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, the committee filing the oath may not make any contributions in support of any candidate of the party at the general or special election or in opposition to any such candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as authorized in par. (c).

SB7-SSA1, s. 20 Section 20. 11.06 (7m) (c) of the statutes is amended to read:

SB7-SSA1,10,23 11.06 (7m) (c) A committee filing an oath under sub. (7) which desires to change its status to a political party committee or legislative campaign committee may do so as of December 31 of any even-numbered year. Section 11.26 does not apply to contributions received by such a committee prior to the date of the change. Such a committee may change its status at other times only by filing a termination statement under s. 11.19 (1) and reregistering as a newly organized committee under s. 11.05.

SB7-SSA1, s. 21 Section 21. 11.06 (11) (c) of the statutes is amended to read:

SB7-SSA1,11,3 11.06 (11) (c) A contribution of money received from a conduit, accompanied by the information required under par. (a), is considered to be a contribution from the original contributor for purposes of s. 11.26 (1) and (4).

SB7-SSA1, s. 22 Section 22. 11.07 (5) of the statutes is amended to read: