Amendment SSA1-SB7

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.

SB7-SSA1, s. 36 Section 36. 11.20 (3) (L) of the statutes is amended to read:

SB7-SSA1,20,3 11.20 (3) (L) A registered group or individual making or accepting contributions, making disbursements or incurring obligations in support of or in opposition to a referendum appearing on an election ballot shall file a preelection report. A registered group or individual making or accepting contributions, making disbursements or incurring obligations in support of or in opposition to referendum appearing on a general election ballot shall file a postelection report.

SB7-SSA1, s. 37 Section 37. 11.20 (8) (intro.) of the statutes is amended to read:

SB7-SSA1,20,6 11.20 (8) (intro.)  Reports filed under subs. (2), (2e), (4) and (4m) shall include all contributions received and transactions made as of the end of:

SB7-SSA1, s. 38 Section 38. 11.20 (8) (am) of the statutes is created to read:

SB7-SSA1,20,9 11.20 (8) (am) The 7th day after the election in the case of the postelection report which follows the general election.

SB7-SSA1, s. 39 Section 39. 11.20 (10) (a) of the statutes is amended to read:

SB7-SSA1,20,17 11.20 (10) (a) Where a requirement is imposed under this section for the filing of a financial report which is to be received by the appropriate filing officer no later than a certain date, the requirement may be satisfied either by actual receipt of the report by the prescribed time for filing at the office of the filing officer, or by filing a report with the U.S. postal service by first class mail with sufficient prepaid postage, addressed to the appropriate filing officer, no later than the 3rd day before the date provided by law for receipt of such report.

SB7-SSA1, s. 40 Section 40. 11.20 (12) of the statutes is amended to read:

SB7-SSA1,20,23 11.20 (12) If a candidate is unopposed in a primary or election, the obligation to file the reports required by this chapter does not cease. Except as provided in ss. 11.05 (2r) and 11.19 (2), a registrant who makes or receives no contributions, makes no disbursements or incurs no obligations shall so report on the applicable dates designated in subs. (2), (2e) and (4).

SB7-SSA1, s. 41 Section 41. 11.21 (15) of the statutes is amended to read:

SB7-SSA1,21,7 11.21 (15) Inform each candidate who files an application to become eligible to receive a grant from the Wisconsin election campaign fund of the dollar amount of the applicable disbursement limitation under s. 11.31 (1) or (1m), whichever is applicable, adjusted as provided under s. 11.31 (9), which applies to the office for which such person is a that candidate, exclusive of any additional disbursements authorized under s. 11.31 (3m). Failure to receive the notice required by this subsection does not constitute a defense to a violation of s. 11.27 (1) or 11.31.

SB7-SSA1, s. 42 Section 42. 11.21 (16) of the statutes is created to read:

SB7-SSA1,21,21 11.21 (16) Accept from any registrant for whom the board serves as a filing officer any campaign finance report that is required to be filed under this chapter by means of electronic transmission. To facilitate implementation of this subsection, the board shall make available to registrants software that is designed to facilitate complete electronic filing under this subsection, at a price fixed by the board that may not exceed cost. Each registrant who or which files a report electronically under this subsection shall also file a copy of the report with the board that is recorded on a medium specified by the board, together with a computer-generated copy of the report printed on paper. The computer-generated copy of each report shall be signed by an authorized individual and filed with the board by each registrant no later than the time prescribed for filing of the report under this chapter. The board shall provide complete instructions to any registrant who or which wishes to file a report under this subsection.

SB7-SSA1, s. 43 Section 43. 11.23 (2) of the statutes is amended to read:

SB7-SSA1,22,2 11.23 (2) Any anonymous contribution exceeding $10 received by an individual or group treasurer 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. 44 Section 44. 11.24 (2) of the statutes is renumbered 11.24 (5).

SB7-SSA1, s. 45 Section 45. 11.24 (3) and (4) of the statutes are created to read:

SB7-SSA1,22,10 11.24 (3) No individual under the age of 18 years may make a contribution to any candidate, or any personal campaign committee or support committee authorized under s. 11.05 (3) (p) of a candidate, for election or nomination to any of the offices under s. 11.26 (1) (a) to (c) or to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent.

SB7-SSA1,22,17 (4) (a) No person may make a contribution to an incumbent partisan state elective official or to the personal campaign committee or support committee authorized under s. 11.05 (3) (p) of that official for the purpose of promoting that official's nomination or reelection to the office held by the official during the period beginning on the first Monday of January in each odd-numbered year and ending on the date of enactment of the biennial budget act and thereafter during any legislative floorperiod, including any special or extraordinary session floorperiod.

SB7-SSA1,22,22 (b) Notwithstanding par. (a), a person may make a contribution to an incumbent partisan state elective official against whom a recall petition has been filed during the period beginning on the date that the petition offered for filing is filed under s. 9.10 (3) (b) and ending on the date of the recall election unless the official resigns at an earlier date under s. 9.10 (3) (c).

SB7-SSA1, s. 46 Section 46. 11.26 (1) (intro.) of the statutes is amended to read:

SB7-SSA1,23,3 11.26 (1) (intro.) No individual, except an individual serving as a conduit, may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

SB7-SSA1, s. 47 Section 47. 11.26 (2) (intro.) of the statutes is amended to read:

SB7-SSA1,23,11 11.26 (2) (intro.) No committee, including a committee serving as a conduit, other than a political party committee or legislative campaign committee, and no individual serving as a conduit may make or transfer any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

SB7-SSA1, s. 48 Section 48. 11.26 (4) of the statutes is amended to read:

SB7-SSA1,23,17 11.26 (4) No individual, except an individual serving as a conduit, may make any contribution or contributions to all candidates for state and local offices and to any individuals who or committees which are subject to a registration requirement under s. 11.05, including legislative campaign committees and committees of a political party, to the extent of more than a total of $10,000 in any calendar year.

SB7-SSA1, s. 49 Section 49. 11.26 (8) of the statutes is repealed.

SB7-SSA1, s. 50 Section 50. 11.26 (8m) of the statutes is created to read:

SB7-SSA1,23,21 11.26 (8m) No committee may make a contribution to any other committee except a personal campaign or support committee.

SB7-SSA1, s. 51 Section 51. 11.26 (9) (a) and (b) of the statutes are amended to read:

SB7-SSA1,24,10 11.26 (9) (a) No individual who is a candidate for state or local office may receive and accept more than 65% of the value of the total disbursement level for candidates other than candidates challenging incumbent officeholders, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9), 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. A candidate for state office whose grant or grants under s. 11.50 exceed the contribution limitation authorized by this paragraph may exceed the contribution limitation otherwise applicable to the extent required to accept the full amount of the grant or grants received by the candidate under s. 11.50, but any contributions received and accepted by such a candidate from committees other than the Wisconsin election campaign fund reduce the amount of the grant or grants which the candidate may accept by an amount equal to such contributions.

SB7-SSA1,24,17 (b) No individual who is a candidate for state or local office may receive and accept more than 45% 15% of the value of the total disbursement level for candidates other than candidates challenging incumbent officeholders, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9), 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.

SB7-SSA1, s. 52 Section 52. 11.26 (9) (c) of the statutes is renumbered 11.26 (9) (c) 1. and amended to read:

SB7-SSA1,24,21 11.26 (9) (c) 1. For purposes of pars. par. (a) and (b), a, "committee" includes the Wisconsin election campaign fund.

SB7-SSA1, s. 53 Section 53. 11.26 (9) (c) 2. of the statutes is created to read:

SB7-SSA1,24,24 11.26 (9) (c) 2. For the purposes of pars. (a) and (b), "committee" includes an individual who or a committee which is a conduit.

SB7-SSA1, s. 54 Section 54. 11.26 (12m) of the statutes is amended to read:

SB7-SSA1,25,3 11.26 (12m) For purposes of this section subs. (1) and (4), a contribution of money received from a conduit identified in the manner prescribed in s. 11.06 (11) (a) shall be considered a contribution received from the original contributor.

SB7-SSA1, s. 55 Section 55. 11.265 of the statutes is repealed.

SB7-SSA1, s. 56 Section 56. 11.30 (6) of the statutes is created to read:

SB7-SSA1,25,20 11.30 (6) Every individual, committee or group who or which is subject to a registration requirement under s. 11.05 and who or which publishes, distributes or broadcasts, or causes to be published, distributed or broadcast, any communication which advocates the election or defeat of a clearly identified candidate 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 shall file with the board, in writing, a copy of the text of the communication, together with the name of the person who is publishing, distributing or broadcasting the communication or causing it to be published, distributed or broadcast and that person's address, in such manner that the text is received by the board no later than 7 days before the time that the communication is first published, distributed or broadcast. The report shall be certified in the manner prescribed in s. 11.06 (5). No person is required to file the text of a communication with the board under this subsection that has been previously filed by that person or another person.

SB7-SSA1, s. 57 Section 57. 11.31 (1) (d) of the statutes is amended to read:

SB7-SSA1,25,23 11.31 (1) (d) Candidates for secretary of state, state treasurer, justice or state superintendent, $215,625 $250,000.

SB7-SSA1, s. 58 Section 58. 11.31 (1) (de) of the statutes is created to read:

SB7-SSA1,25,25 11.31 (1) (de) Candidates for justice, $300,000.

SB7-SSA1, s. 59 Section 59. 11.31 (1) (e) and (f) of the statutes are amended to read:

SB7-SSA1,26,4 11.31 (1) (e) Candidates for state senator, $34,500 total in the primary and election, with disbursements not exceeding $21,575 for either the primary or the election $100,000.

SB7-SSA1,26,7 (f) Candidates for representative to the assembly, $17,250 total in the primary and election, with disbursements not exceeding $10,775 for either the primary or the election $50,000.

SB7-SSA1, s. 60 Section 60. 11.31 (1m) of the statutes is created to read:

SB7-SSA1,26,12 11.31 (1m) Disbursement level for challengers. Notwithstanding sub. (1), if an incumbent officeholder seeks reelection, the disbursement level under sub. (1) for any other candidate for the same office is increased to 125% of the amount specified in sub. (1), adjusted as provided under sub. (9).

SB7-SSA1, s. 61 Section 61. 11.31 (2) of the statutes is amended to read:

SB7-SSA1,27,4 11.31 (2) (title) Limitation imposed Candidates. No candidate for state office at a spring or general election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from the campaign treasury in any campaign to the extent of more than the amount prescribed in sub. (1) or (1m), whichever is applicable, adjusted as provided under sub. (9), unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) applies. No candidate for state office at a special election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from the campaign treasury in any campaign to the extent of more than the amount prescribed under sub. (1) or (1m), whichever is applicable, adjusted as provided under sub. (9), for the preceding spring or general election for the same office, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) applies.

SB7-SSA1, s. 62 Section 62. 11.31 (2r) of the statutes is created to read:

SB7-SSA1,27,11 11.31 (2r) Political party committees. No political party committee which files a sworn statement and application to receive a grant from the Wisconsin election campaign fund for any general election campaign period may make or authorize total disbursements from its campaign treasury in that period to the extent of more than $150,000. This subsection does not apply if a political party committee qualifies for and receives a supplementary grant under s. 11.50 (9) (g).

SB7-SSA1, s. 63 Section 63. 11.31 (2s) of the statutes is created to read:

SB7-SSA1,27,19 11.31 (2s) Independent disbursements. No individual, other than a candidate, and no committee, other than a personal campaign committee, may make disbursements to advocate the election of a clearly identified candidate for state or local office or the defeat of such a candidate's opponent, or both, without authorization of such a candidate, to the extent of more than 20% of the disbursement level specified for that candidate under sub. (1), adjusted as provided in sub. (9), cumulatively in any campaign.

SB7-SSA1, s. 64 Section 64. 11.31 (3) of the statutes is amended to read:

SB7-SSA1,28,2 11.31 (3) Gubernatorial campaigns. For purposes of compliance with the limitations imposed under sub. (2), candidates for governor and lieutenant governor of the same political party who both accept grants from the Wisconsin election campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b), adjusted as provided under sub. (9), and reallocate the total level between them. The candidates shall each inform the board of any such agreement.

SB7-SSA1, s. 65 Section 65. 11.31 (3m) of the statutes is repealed and recreated to read:

SB7-SSA1,28,19 11.31 (3m) Independent disbursements; exception. Notwithstanding subs. (1), (1m) and (2), if any incurred obligation or disbursement of more than $250 cumulatively is incurred or made by an individual or committee to advocate the election or defeat of a clearly identified candidate whose name appears on the ballot at an election and the incurred obligation or disbursement is incurred or made without cooperation or consultation with any candidate who is supported or who benefits from the obligation or disbursement or such a candidate's agent or authorized committee, and not in concert with, or at the request or suggestion of, any such candidate, agent or authorized committee, then each candidate whose name appears on the same ballot and who is opposed or whose opponent is supported by that advocacy may make or authorize total disbursements from the campaign treasury in excess of the amount prescribed in sub. (1) or (1m) but not to exceed the amount prescribed in sub. (1) or (1m) plus the total amount of incurred obligations and disbursements not previously reported as incurred obligations that are reported to the appropriate filing officer under s. 11.12 (6). For the purposes of this subsection, obligations and disbursements cumulate as provided in s. 11.12 (6) (a).

SB7-SSA1, s. 66 Section 66. 11.31 (4) of the statutes is repealed.

SB7-SSA1, s. 67 Section 67. 11.31 (6) of the statutes is amended to read:

SB7-SSA1,29,11 11.31 (6) Exclusions. In computing the limitations under this section an individual or campaign treasurer may exclude any contributions returned to the contributor; any loan repayments made; any inaugural expenses paid from the campaign depository account under s. 11.25 (2) (b); any expenses incurred as a result of a recount; all federal, state or local taxes paid; any reimbursement made to a candidate for the candidate's travel expenses; the gross receipts from the sale at an auction of any materials contributed to a candidate and reported by the candidate as a disbursement at the time the contribution is made; all refunds or deposits paid; and the cost of facilities rental, entertainment expense, food and beverages (including the preparation and service thereof if contracted to an outside agency), if utilized for a meal, sale, rally or similar fund raising effort or program which is intended for political purposes. In addition, the treasurer of a political party committee may exclude any disbursements made for the purpose of maintenance of permanent office facilities or permanent staff. Any such exclusion claimed shall be reported to the appropriate filing officer in such form as the board may require.

SB7-SSA1, s. 68 Section 68. 11.31 (7) (am) of the statutes is created to read:

SB7-SSA1,29,16 11.31 (7) (am) For purposes of this section, the "general election campaign period" of a political party committee extends from July 1 preceding the date of a general election through November 30 of the month in which the general election is held.

SB7-SSA1, s. 69 Section 69. 11.31 (7) (c) of the statutes is amended to read:

SB7-SSA1,29,20 11.31 (7) (c) Disbursements which are made after a campaign to retire a debt incurred in relation to a campaign period are charged against the disbursement limitation for that campaign.

SB7-SSA1, s. 70 Section 70. 11.31 (9) of the statutes is created to read:

SB7-SSA1,29,25 11.31 (9) Cost-of-living adjustment. (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

SB7-SSA1,30,12 (b) The dollar amounts of all disbursement limitations specified in sub. (1) shall be subject to a biennial cost-of-living adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for the base period, calendar year 1997. For each biennium, the board shall adjust the disbursement limitations specified under sub. (1) by that percentage to the extent required to reflect any difference, rounded to the nearest multiple of $25 in the case of amounts of $1 or more, which amount shall be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without a finding of emergency.

SB7-SSA1, s. 71 Section 71. 11.38 (6) of the statutes is amended to read:

SB7-SSA1,30,18 11.38 (6) Any individual or campaign treasurer who receives funds in violation of this section shall promptly return such funds to the contributor or, donate the funds to the common school fund or a charitable organization or transfer the funds to the board for deposit in the Wisconsin election campaign fund, at the treasurer's option.

SB7-SSA1, s. 72 Section 72. 11.50 (1) (a) 1. and 2. of the statutes are amended to read:

SB7-SSA1,31,2 11.50 (1) (a) 1. With respect to a spring or general election, any individual who is certified under s. 7.08 (2) (a) as a candidate in the spring election for justice or state superintendent, or an any individual who receives at least 6% 2% of the vote cast for all candidates on all ballots for any state office, except district attorney, for which the individual is a candidate at the September primary and who is certified under s. 7.08 (2) (a) as a candidate for that office in the general election, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at the spring or general election; and who has qualified for a grant under sub. (2).

SB7-SSA1,31,22 2. With respect to a special election, an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for state superintendent, or an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for any state office, except district attorney, on the ballot or column of a party whose candidate for the same office at the preceding general election received at least 6% 2% of the vote cast for all candidates on all ballots for the office, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at a special election, or an individual who receives at least 6% 2% of the vote cast for all candidates on all ballots for any state office, except district attorney, at a partisan special election; and who qualifies for a grant under sub. (2). Where the boundaries of a district in which an individual seeks office have been changed since the preceding general election such that it is not possible to calculate the exact number of votes that are needed by that individual to qualify as an eligible candidate prior to an election under this subdivision, the number of votes cast for all candidates for the office at the preceding general election in each ward, combination of wards or municipality which is wholly contained within the boundaries of the newly formed district shall be calculated. If the candidate of the political party on whose ballot or column the individual appears in the newly formed district obtained at least 6% 2% of the number of votes calculated, the individual is deemed to qualify as an eligible candidate prior to the election under this subdivision.

SB7-SSA1, s. 73 Section 73. 11.50 (1) (an) and (bm) of the statutes are created to read:

SB7-SSA1,32,3 11.50 (1) (an) "Eligible political party committee" means the state committee of any political party whose candidate for governor at the most recent gubernatorial election received the greatest or 2nd greatest number of votes cast for that office.

SB7-SSA1,32,5 (bm) "General election campaign period" has the meaning given in s. 11.31 (7) (am).

SB7-SSA1, s. 74 Section 74. 11.50 (2) (b) 5. of the statutes is amended to read: