Amendment SSA1-SB7

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:

SB7-SSA1,11,10 11.07 (5) Any campaign treasurer or individual who knowingly receives a contribution made by an unregistered nonresident in violation of this section may not use or expend such contribution but shall immediately return it to the source or at the option of the campaign treasurer or individual, donate the contribution to a charitable organization or to the common school fund or transfer the contribution to the board for deposit in the Wisconsin election campaign fund.

SB7-SSA1, s. 23 Section 23. 11.09 (3) of the statutes is amended to read:

SB7-SSA1,11,22 11.09 (3) Each registrant whose filing officer is the board, who or which makes disbursements in connection with elections for offices which serve or referenda which affect only one county or portion thereof, except a candidate, personal campaign committee, political party committee or other committee making disbursements in support of or in opposition to a candidate for state senator, representative to the assembly, court of appeals judge or circuit judge, shall file a duplicate original of each financial report filed with the board with the county clerk or board of election commissioners of the county in which the elections in which the registrant participates are held. Such reports shall be filed no later than the applicable dates specified under s. 11.20 (2), (2e) and (4) for the filing of each report with the board.

SB7-SSA1, s. 24 Section 24. 11.095 of the statutes is created to read:

SB7-SSA1,11,24 11.095 Regulation of certain telephoning activities. (1) In this section:

SB7-SSA1,12,11 (a) "Persuasive telephoning" means contacting, by telephone, potential voters for the purpose of presenting them with information or viewpoints which could influence the attitudes of the voters toward candidates or referenda. "Persuasive telephoning" does not include any contacts that are limited solely to an attempt to identify potential voters, to urge potential voters to participate in an election or to offer assistance to potential voters to enable them to participate in an election, or questioning a random or representative sample of a universe of potential voters in a voting jurisdiction or voting group in an attempt to infer, using standard statistical techniques and standard levels of statistical confidence, the attitudes or positions of the voters concerning candidates or issues or potential candidates or issues, or their knowledge of candidates or issues or potential candidates or issues.

SB7-SSA1,12,14 (b) "Telephone bank operator" means any person who places or directs the placement of telephone calls to individuals and engages in or directs persuasive telephoning.

SB7-SSA1,13,2 (2) Each individual who, or committee or group which, engages in or retains a telephone bank operator to engage in persuasive telephoning with respect to any election shall file a written report, on a form prescribed by the board, disclosing the name and address of the individual, committee or group; the name and address of any operator who is retained; the amount paid to any such operator for the telephoning services; the total amount expended by the individual, committee or group to conduct persuasive telephoning; and, if the individual, committee or group engaged in or the telephone bank operator engaged in such telephoning on behalf of the individual, committee or group in more than one legislative district, the amount expended by the individual, committee or group within each legislative district for persuasive telephoning performed on behalf of each candidate or each personal campaign committee of a candidate for legislative office in that district.

SB7-SSA1,13,8 (3) Each individual who, or committee or group which, engages in or retains a telephone bank operator to engage in persuasive telephoning shall report the information specified in sub. (2) on the dates specified for filing reports under s. 11.20 (2), (2m) and (4), unless all information relating to an election has previously been reported by the individual, committee or group. Each report shall cover the period specified in s. 11.20 (8).

SB7-SSA1,13,13 (4) Each individual who, or committee or group which, engages in or retains a telephone bank operator to engage in persuasive telephoning shall report the information specified in sub. (2) to the filing officer under s. 11.02 of each candidate whose name appears on the ballot in opposition to a candidate on behalf of whom the individual, committee or group is conducting persuasive telephoning.

SB7-SSA1,13,18 (5) Each individual who, or committee or group which, engages in or retains a telephone bank operator to engage in persuasive telephoning with respect to any election shall provide to the board, upon request, a copy of any question or statement that was used by the individual, committee or group, or by the operator, in substantially identical form, of more than one individual during the telephoning.

SB7-SSA1,14,12 (6) Any individual who, or committee or group which, engages in or retains a telephone bank operator to engage in persuasive telephoning shall, prior to the time that the telephoning is to be commenced, or, if the telephoning is to be conducted in relation to an election that is scheduled to occur on a date within 3 days of the date that the telephoning is to be commenced, no later than 24 hours prior to the time that the telephoning is to be commenced, exclusive of Saturdays, Sundays and the days specified in s. 230.35 (4) (a), deliver a written report to the filing officer under s. 11.02 of each candidate whose candidacy is opposed by such persuasive telephoning and each candidate whose name appears on the ballot in opposition to a candidate on behalf of whom the individual, committee or group intends to conduct persuasive telephoning, of the intent of the individual, committee or group to conduct such telephoning at a time specified in the report. The filing officer shall then, by expeditious means, such as by telephone or facsimile transmission, provide such notice to each candidate whose name appears on the ballot in opposition to a candidate on behalf of whom the individual, committee or group intends to conduct persuasive telephoning and to each candidate whose candidacy is supported by such proposed persuasive telephoning, except a candidate on whose behalf the report is filed. The filing officer shall also promptly mail a copy of that notice to each such candidate at the address shown on the declaration of candidacy of the candidate.

SB7-SSA1, s. 25 Section 25. 11.12 (2) of the statutes is amended to read:

SB7-SSA1,14,18 11.12 (2) Any anonymous contribution exceeding $10 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 any charitable organization or transferred to the board for deposit in the Wisconsin election campaign fund, at the option of the treasurer.

SB7-SSA1, s. 26 Section 26. 11.12 (6) of the statutes is renumbered 11.12 (6) (a) and amended to read:

SB7-SSA1,15,18 11.12 (6) (a) If any Except as provided in par. (b), if an individual or committee incurs or intends to incur an obligation or makes or intends to make a disbursement of more than $20 $250 cumulatively is made to advocate the election or defeat of a clearly identified candidate by an individual or committee later than 15 days prior to a primary or election in which the candidate's name appears on the ballot without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or whose opponent is opposed, and not in concert with or at the request or suggestion of such a candidate, agent or committee, the individual or treasurer of the committee shall, within 24 hours of making no later than 21 days prior to the activity intended to be funded by the incurred obligation or disbursement, inform the appropriate filing officer of the information required under s. 11.06 (1) in such manner as the board may prescribe. The report shall include the same information concerning any proposed incurred obligation or disbursements as is required to be provided for an obligation that has been incurred or a disbursement that has been made. The information required under s. 11.06 (1) shall also be included in the next regular report of the individual or committee under s. 11.20. For purposes of this subsection, obligations and disbursements cumulate beginning with the day after the last date covered on the preprimary or preelection report and ending with the day before the primary or election. Upon receipt of a report under this subsection paragraph, the filing officer shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom a an incurred obligation or disbursement identified in the report is to be made.

SB7-SSA1, s. 27 Section 27. 11.12 (6) (b) of the statutes is created to read:

SB7-SSA1,16,2 11.12 (6) (b) If the independently incurred obligation or disbursement described in par. (a) relates to a special primary or election not held concurrently with the spring or September primary or the spring or general election, the individual who or committee which incurs or intends to incur the obligation or makes or intends to make the disbursement shall inform the appropriate filing officer no later than 14 days prior to the activity intended to be funded by the incurred obligation or disbursement.

SB7-SSA1, s. 28 Section 28. 11.16 (2) of the statutes is amended to read:

SB7-SSA1,16,11 11.16 (2) Limitation on cash contributions. 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 the contribution to the common school fund or to a charitable organization or transfer the contribution to the board for deposit in the Wisconsin election campaign fund in the event that the donor cannot be identified.

SB7-SSA1, s. 29 Section 29. 11.16 (5) of the statutes is amended to read:

SB7-SSA1,17,2 11.16 (5) Escrow agreements. Any personal campaign committee, or 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).

SB7-SSA1, s. 30 Section 30. 11.19 (title) and (1) of the statutes are amended to read:

SB7-SSA1,17,20 11.19 (title) Dissolution Carry-over of surplus funds; dissolution of registrants; termination reports. (1) Whenever any registrant disbands or determines that obligations will no longer be incurred, and contributions will no longer be received nor disbursements made during a calendar year, and the registrant has no outstanding incurred obligations, the registrant shall file a termination report with the appropriate filing officer. Such report shall indicate a cash balance on hand of zero at the end of the reporting period and shall indicate the disposition of residual funds. Residual Except as provided in sub. (1m), residual funds may be used for any political purpose not prohibited by law, returned to the donors in an amount not exceeding the original contribution, transferred to the board for deposit in the Wisconsin election campaign fund, or donated to a charitable organization or the common school fund. The report shall be filed and certified as were previous reports, and shall contain the information required by s. 11.06 (1). If a termination report or suspension report under sub. (2) is not filed, the registrant shall continue to file periodic reports with the appropriate filing officer, no later than the dates specified in s. 11.20. This subsection does not apply to any registrant making an indication under s. 11.05 (2r).

SB7-SSA1, s. 31 Section 31. 11.19 (1m) and (6) of the statutes are created to read:

SB7-SSA1,18,12 11.19 (1m) If the registration statement, under s. 11.05, of a personal campaign committee indicates that the committee was formed or operates for the purpose of influencing the election or nomination for election of a candidate who is a partisan state officeholder to any state or local office other than the office held by the candidate and, subsequently, the candidate or personal campaign committee files, under s. 11.05 (5), a change in the information in the registration statement indicating that the candidate is no longer seeking that other office, the candidate or personal campaign committee shall either return all contributions attributable to the candidate's campaign for the office no longer sought exceeding 10% of the disbursement level specified under s. 11.31 for the office that the candidate holds, minus disbursements and incurred obligations for that campaign, to the donors in an amount not exceeding their original contributions or donate an amount equal to any contributions not so returned exceeding 10% of the disbursement level specified under s. 11.31 for the office that the candidate holds, minus disbursements and incurred obligations for that campaign, to the board for crediting to the Wisconsin election campaign fund.

SB7-SSA1,18,18 (6) No candidate or personal campaign committee of a candidate at the general election may retain beyond December 31 of an even-numbered year unencumbered contributions equal to more than 10% of the candidate's total disbursement level determined under s. 11.31 (1), adjusted as provided for under s. 11.31 (9). A candidate or treasurer of a personal campaign committee shall transfer excess contributions to the board for crediting to the Wisconsin election campaign fund.

SB7-SSA1, s. 32 Section 32. 11.20 (2e) of the statutes is created to read:

SB7-SSA1,18,22 11.20 (2e) Postelection reports under s. 11.06 (1) shall be received by the appropriate filing officer no earlier than 8 days after and no later than 14 days after each general election.

SB7-SSA1, s. 33 Section 33. 11.20 (3) (b) of the statutes is amended to read:

SB7-SSA1,19,3 11.20 (3) (b) A candidate or personal campaign committee of a candidate at an election shall file a preelection report. A candidate or personal campaign committee of a candidate at the general election shall file a postelection report.

SB7-SSA1, s. 34 Section 34. 11.20 (3) (d) of the statutes is amended to read:

SB7-SSA1,19,14 11.20 (3) (d) A registered committee or individual other than a candidate or personal campaign committee making or accepting contributions, making disbursements or incurring obligations in support of or in opposition to one or more candidates for office at an election, or supporting or opposing other committees or individuals who are engaging in such activities, shall file a preelection report. A registered committee or individual other than a candidate or personal campaign committee making or accepting contributions, making disbursements or incurring obligations in support of or in opposition to one or more candidates for office at the general election, or supporting or opposing other committees or individuals who are engaging in such activities, shall file a postelection report.

SB7-SSA1, s. 35 Section 35. 11.20 (3) (g) of the statutes is amended to read:

SB7-SSA1,19,21 11.20 (3) (g) A contribution, disbursement or obligation in support of or in opposition to a candidate at an election which is made, accepted or incurred during the period covered by the preelection report, or by the postelection report following the general election, is considered to be made, accepted or incurred in support of or in opposition to that candidate at the election, regardless of whether the candidate is opposed at the election.