LRBs0400/1
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1999 - 2000 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO 1999 SENATE BILL 190
March 14, 2000 - Offered by Senators Clausing and Burke.
SB190-SSA2,2,12 1An Act to repeal 11.01 (5m), 11.01 (12s), 11.05 (3) (o), 11.05 (9) (b), 11.06 (3) (b),
211.06 (11), 11.24 (1m), 11.26 (9) (c), 11.26 (12m), 11.265, 11.31 (1) (b), 11.31 (2m),
311.31 (3), 11.31 (3m), 11.31 (4), 11.50 (2) (i), 11.50 (3), 11.50 (6), 20.855 (4) (b) and
471.10 (3); to renumber 11.05 (9) (a); to renumber and amend 11.12 (6), 11.50
5(2) (b) 5. and 11.50 (9); to amend 5.02 (13), 5.02 (18), 7.08 (2) (c) and (cm), 8.35
6(4) (b), 10.02 (3) (b) 2m., 11.05 (3) (c), 11.05 (3) (n), 11.05 (7), 11.06 (1) (intro.),
711.06 (2), 11.06 (7m) (a), 11.06 (7m) (c), 11.09 (3), 11.12 (4), 11.12 (5), 11.16 (5),
811.20 (2m), 11.20 (3) (d), 11.20 (3) (g), 11.20 (8) (intro.), 11.20 (12), 11.21 (15),
911.26 (1) (intro.), 11.26 (1) (a), 11.26 (1) (b), 11.26 (1) (c), 11.26 (2) (intro.), 11.26
10(2) (a), 11.26 (4), 11.26 (8), 11.26 (9) (a), 11.26 (9) (b), 11.26 (10), 11.26 (13), 11.26
11(17) (a), 11.31 (1) (a), 11.31 (1) (c), 11.31 (1) (d), 11.31 (1) (e) and (f), 11.31 (2),
1211.38 (1) (a) 3., 11.50 (title), 11.50 (1) (b), 11.50 (2) (a), 11.50 (2) (b) (intro.), 11.50
13(2) (b) 1. to 3., 11.50 (2) (b) 4., 11.50 (2) (g), 11.50 (5), 11.50 (9) (title), 11.50 (11)

1(e), 11.61 (1) (a), 11.61 (1) (b), 11.61 (1) (c), 14.58 (20), 20.510 (1) (q), 25.17 (1)
2(ys), 25.42 and chapter 77 (title); to repeal and recreate 11.50 (4); and to
3create
11.05 (3) (q), 11.05 (7m), 11.05 (14), 11.12 (6) (c) and (d), 11.12 (7), 11.12
4(8), 11.20 (2e), 11.20 (8) (am), 11.20 (8) (an), 11.24 (1s), 11.24 (1t), 11.24 (1w),
511.26 (1m), 11.26 (10a), 11.31 (1) (cm), 11.31 (3p), 11.31 (9), 11.50 (2) (b) 3m.,
611.50 (2) (b) 3s., 11.50 (2) (b) 5. a. to f., 11.50 (2) (bm), 11.50 (9) (a) 1. to 6., 11.50
7(9) (b), 11.50 (9) (ba), 11.50 (9a), 11.60 (3s) and (3t), 11.61 (1) (d), 20.855 (4) (ba),
820.855 (4) (bb) and subchapter XIII of chapter 77 [precedes 77.997] of the
9statutes; relating to: campaign financing, imposition of a lobbying
10expenditure tax, providing exemptions from emergency rule procedures,
11granting rule-making authority, making appropriations and providing
12penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB190-SSA2, s. 1 13Section 1. 5.02 (13) of the statutes is amended to read:
SB190-SSA2,2,1914 5.02 (13) "Political party" or "party" means a state committee registered under
15s. 11.05 organized exclusively for political purposes under whose name candidates
16appear on a ballot at any election, and all county, congressional, legislative, local and
17other affiliated committees authorized to operate under the same name. For
18purposes of ch. 11, the term does not include a legislative campaign committee or a
19committee filing an oath under s. 11.06 (7).
SB190-SSA2, s. 2 20Section 2. 5.02 (18) of the statutes is amended to read:
SB190-SSA2,3,221 5.02 (18) "September primary" means the primary held the 2nd Tuesday in
22September to nominate candidates to be voted for at the general election, and to

1determine which candidates for state offices other than district attorney may
2participate in the Wisconsin election campaign clean government fund.
SB190-SSA2, s. 3 3Section 3. 7.08 (2) (c) and (cm) of the statutes are amended to read:
SB190-SSA2,3,144 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 who the board
8determines to be is eligible to receive payments from the Wisconsin election
9campaign
clean government fund. The board shall also transmit a similar list of
10candidates who the board determines is eligible to receive a grant under s. 11.50 (9)
11(b) or (ba) within 3 days after any candidate qualifies to receive such a grant. Each

12list shall contain each candidate's name, the mailing address indicated upon the
13candidate's registration form, the office for which the individual is a candidate and
14the party or principle which he or she represents, if any.
SB190-SSA2,4,215 (cm) As soon as possible after the canvass of a special primary, or the date that
16the primary would be held, if required, transmit to the state treasurer a certified list
17of all eligible candidates for state office who have filed applications under s. 11.50 (2)
18and whom who the board determines to be is eligible to receive a grant from the
19Wisconsin election campaign clean government fund prior to the election. The board
20shall also transmit a similar list of candidates, if any, who have filed applications
21under s. 11.50 (2) and whom who the board determines to be is eligible to receive a
22grant under s. 11.50 (1) (a) 2. after the special election. The or a grant under s. 11.50
23(9) (b) or (ba) within 3 days after any candidate qualifies to receive such a grant. Each

24list shall contain each candidate's name, the mailing address indicated upon the

1candidate's registration form, the office for which the individual is a candidate and
2the party or principle which he or she represents, if any.
SB190-SSA2, s. 4 3Section 4. 8.35 (4) (b) of the statutes is amended to read:
SB190-SSA2,4,104 8.35 (4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys
5received by a candidate from the Wisconsin election campaign clean government
6fund shall be immediately transferred to any candidate who is appointed to replace
7such candidate, upon filing of a proper application therefor under s. 11.50 (2). If there
8is no candidate appointed or if no proper application is filed within 7 days of the date
9on which the vacancy occurs, such moneys shall revert to the state as provided in s.
1011.50 (8).
SB190-SSA2, s. 5 11Section 5. 10.02 (3) (b) 2m. of the statutes is amended to read:
SB190-SSA2,4,2112 10.02 (3) (b) 2m. At the September primary, the elector shall select the party
13ballot of his or her choice or the ballot containing the names of the independent
14candidates for state office, and make a cross [8] in the square at the right of or
15depress the lever or button next to the candidate's name for each office for whom the
16elector intends to vote or insert or write in the name of the elector's choice for a party
17candidate, if any. In order to qualify for participation in the Wisconsin election
18campaign
clean government fund, a candidate for state office at the September
19primary, other than a candidate for district attorney, must receive at least 6% of all
20votes cast on all ballots for the office for which he or she is a candidate, in addition
21to other requirements.
SB190-SSA2, s. 6 22Section 6. 11.01 (5m) of the statutes is repealed.
SB190-SSA2, s. 7 23Section 7. 11.01 (12s) of the statutes is repealed.
SB190-SSA2, s. 8 24Section 8. 11.05 (3) (c) of the statutes is amended to read:
SB190-SSA2,5,4
111.05 (3) (c) In the case of a committee, a statement as to whether the
2committee is a personal campaign committee, a political party committee, a
3legislative campaign committee,
a support committee or a special interest
4committee.
SB190-SSA2, s. 9 5Section 9. 11.05 (3) (n) of the statutes is amended to read:
SB190-SSA2,5,96 11.05 (3) (n) In the case of a labor organization, or separate segregated fund
7under s. 11.38 (1) (a) 2. or conduit established by a labor organization, a statement
8as to whether the organization is incorporated, and if so, the date of incorporation
9and whether or not such incorporation is under ch. 181.
SB190-SSA2, s. 10 10Section 10. 11.05 (3) (o) of the statutes is repealed.
SB190-SSA2, s. 11 11Section 11. 11.05 (3) (q) of the statutes is created to read:
SB190-SSA2,5,2012 11.05 (3) (q) In the case of a registrant who or which does not maintain a street
13address within this state, a report providing the information specified by the board
14for the portion of the year in which the registrant initially files a statement under
15this section before filing that statement and the one-year period preceding the
16beginning of that year, plus any additional period required under sub. (7m) to enable
17the registrant to make a contribution or disbursement from the property or funds.
18The report required under this paragraph may be filed no later than 10 days
19following the remainder of a statement filed under this section. A registration lapses
20if the report required under this paragraph is not filed in a timely manner.
SB190-SSA2, s. 12 21Section 12. 11.05 (7) of the statutes is amended to read:
SB190-SSA2,6,722 11.05 (7) Change in status of new registrant. Notwithstanding sub. (6) Except
23as provided in sub. (7m)
, any individual or organization who or which has received
24property or funds which were not intended for political purposes in connection with
25an election for state or local office at the time of receipt may make contributions or

1disbursements from such property or funds in connection with an election for state
2or local office if the individual or organization complies with applicable provisions of
3sub. (1), (2) or (2g) as soon as such intent changes. For purposes of s. 11.06 (1), all
4property or funds which are in a registrant's the possession of such an individual or
5organization
on the date of registration under this section shall be treated as received
6on the date that such intent changes so that the property or funds are to be used for
7political purposes in connection with an election for state or local office.
SB190-SSA2, s. 13 8Section 13. 11.05 (7m) of the statutes is created to read:
SB190-SSA2,6,239 11.05 (7m) Nonresident registrants; additional information. If a registrant
10who or which does not maintain a street address in this state has property or funds
11in the possession of the registrant on the date of registration from which the
12registrant wishes to make a contribution or disbursement, the registrant may make
13a contribution or disbursement from the property or funds to the extent permitted
14under this chapter if the registrant obtained the property or funds from sources and
15in amounts that were lawful under this chapter at the time that the property or funds
16were received by the registrant, and the registrant reports to the appropriate filing
17officer the information specified by the board under sub. (3) (q) with respect to the
18property or funds prior to making any contribution or disbursement from the
19property or funds. For purposes of determining the source of property or funds in the
20possession of a registrant at the time of registration under this subsection, the
21property and funds in the possession of a registrant shall be allocated to the sources
22from which the registrant received property and funds in the inverse order in which
23the property and funds were chronologically received.
SB190-SSA2, s. 14 24Section 14. 11.05 (9) (a) of the statutes is renumbered 11.05 (9).
SB190-SSA2, s. 15 25Section 15. 11.05 (9) (b) of the statutes is repealed.
SB190-SSA2, s. 16
1Section 16. 11.05 (14) of the statutes is created to read:
SB190-SSA2,7,122 11.05 (14) Presumption concerning certain communications. Whenever any
3person publishes, disseminates or broadcasts, or causes to be published,
4disseminated or broadcast, any communication that includes a reference to a clearly
5identified candidate for an office to be filled at a general, spring or special election,
6during the 60-day period preceding that election or during the 30-day period
7preceding any primary for that election, and the communication is substantially
8directed toward the electorate at that election, it is presumed that the
9communication is made for the purpose of influencing the election or nomination for
10election of that candidate, unless the person making the communication or causing
11the communication to be made establishes, by a preponderance of the evidence, that
12the communication was not made for that purpose.
SB190-SSA2, s. 17 13Section 17. 11.06 (1) (intro.) of the statutes is amended to read:
SB190-SSA2,7,2014 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (3) and
15(3m) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make full
16reports, upon a form prescribed by the board and signed by the appropriate
17individual under sub. (5), of all contributions received, contributions or
18disbursements made, and obligations incurred. Each report shall contain the
19following information, covering the period since the last date covered on the previous
20report, unless otherwise provided:
SB190-SSA2, s. 18 21Section 18. 11.06 (2) of the statutes is amended to read:
SB190-SSA2,8,722 11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding
23sub. (1), if a disbursement is made or obligation incurred by an individual other than
24a candidate or by a committee or group which is not primarily organized for political
25purposes, and the disbursement does not constitute a contribution to any candidate

1or other individual, committee or group, the disbursement or obligation is required
2to be reported only if the purpose is to expressly advocate the election or defeat of a
3clearly identified candidate or the adoption or rejection of a referendum or if the
4disbursement is made or the obligation is incurred for the purpose of making a
5communication specified in s. 11.05 (14)
. The exemption provided by this subsection
6shall in no case be construed to apply to a political party, legislative campaign,
7personal campaign or support committee.
SB190-SSA2, s. 19 8Section 19. 11.06 (3) (b) of the statutes is repealed.
SB190-SSA2, s. 20 9Section 20. 11.06 (7m) (a) of the statutes is amended to read:
SB190-SSA2,8,2410 11.06 (7m) (a) If a committee which was registered under s. 11.05 as a political
11party committee or legislative campaign committee supporting candidates of a
12political party files an oath under sub. (7) affirming that it does not act in cooperation
13or consultation with any candidate who is nominated to appear on the party ballot
14of the party at a general or special election, that the committee does not act in concert
15with, or at the request or suggestion of, such a candidate, that the committee does
16not act in cooperation or consultation with such a candidate or agent or authorized
17committee of such a candidate who benefits from a disbursement made in opposition
18to another candidate, and that the committee does not act in concert with, or at the
19request or suggestion of, such a candidate or agent or authorized committee of such
20a candidate who benefits from a disbursement made in opposition to another
21candidate, the committee filing the oath may not make any contributions in support
22of any candidate of the party at the general or special election or in opposition to any
23such candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as
24authorized in par. (c).
SB190-SSA2, s. 21 25Section 21. 11.06 (7m) (c) of the statutes is amended to read:
SB190-SSA2,9,7
111.06 (7m) (c) A committee filing an oath under sub. (7) which desires to change
2its status to a political party committee or legislative campaign committee may do
3so as of December 31 of any even-numbered year. Section 11.26 does not apply to
4contributions received by such a committee prior to the date of the change. Such a
5committee may change its status at other times only by filing a termination
6statement under s. 11.19 (1) and reregistering as a newly organized committee under
7s. 11.05.
SB190-SSA2, s. 22 8Section 22. 11.06 (11) of the statutes is repealed.
SB190-SSA2, s. 23 9Section 23. 11.09 (3) of the statutes is amended to read:
SB190-SSA2,9,2010 11.09 (3) Each registrant whose filing officer is the board, who or which makes
11disbursements in connection with elections for offices which serve or referenda
12which affect only one county or portion thereof, except a candidate, personal
13campaign committee, political party committee or other committee making
14disbursements in support of or in opposition to a candidate for state senator,
15representative to the assembly, court of appeals judge or circuit judge, shall file a
16duplicate original of each financial report filed with the board with the county clerk
17or board of election commissioners of the county in which the elections in which the
18registrant participates are held. Such reports shall be filed no later than the
19applicable dates specified under s. 11.20 (2), (2e), (2m) and (4) for the filing of each
20report with the board.
SB190-SSA2, s. 24 21Section 24. 11.12 (4) of the statutes is amended to read:
SB190-SSA2,9,2422 11.12 (4) Each registrant shall report contributions, disbursements and
23incurred obligations in accordance with s. 11.20, and if the registrant files reports
24under s. 11.21 (16), in accordance with s. 11.21 (16)
. Except as permitted under s.

111.06 (2), (3) and (3m), each report shall contain the information which is required
2under s. 11.06 (1).
SB190-SSA2, s. 25 3Section 25. 11.12 (5) of the statutes is amended to read:
SB190-SSA2,10,154 11.12 (5) If Except as otherwise required under sub. (7), if any contribution or
5contributions of $500 or more cumulatively are received by a candidate for state office
6or by a committee or individual from a single contributor later than 15 days prior to
7a primary or election such that it is not included in the preprimary or preelection
8report submitted under s. 11.20 (3), the treasurer of the committee or the individual
9receiving the contribution shall within 24 hours of receipt inform the appropriate
10filing officer of the information required under s. 11.06 (1) in such manner as the
11board may prescribe. The information shall also be included in the treasurer's or
12individual's next regular report. For purposes of the reporting requirement under
13this subsection, only contributions received during the period beginning with the day
14after the last date covered on the preprimary or preelection report, and ending with
15the day before the primary or election need be reported.
SB190-SSA2, s. 26 16Section 26. 11.12 (6) of the statutes is renumbered 11.12 (6) (a) and amended
17to read:
SB190-SSA2,11,1018 11.12 (6) (a) If any disbursement of more than $20 cumulatively is made to
19advocate the election or defeat of a clearly identified candidate by an individual or
20committee later than 15 days prior to a primary or election in which the candidate's
21name appears on the ballot without cooperation or consultation with a candidate or
22agent or authorized committee of a candidate who is supported or opposed, and not
23in concert with or at the request or suggestion of such a candidate, agent or
24committee, the individual or treasurer of the committee shall, within 24 hours of
25making the disbursement, inform the appropriate filing officer of the information

1required under s. 11.06 (1) in such manner as the board may prescribe. The
2information shall also be included in the next regular report of the individual or
3committee under s. 11.20.
For purposes of this subsection paragraph, disbursements
4cumulate beginning with the day after the last date covered on the preprimary or
5preelection report and ending with the day before the primary or election. Upon
6receipt of a report under this subsection paragraph, the filing officer shall, within 24
7hours of receipt, mail a copy of the report to all candidates for any office in support
8of or opposition to one of whom a disbursement identified in the report is made. A
9committee that files a report pertaining to a disbursement under par. (c) is not
10required to file a report pertaining to the same disbursement under this paragraph.
SB190-SSA2, s. 27 11Section 27. 11.12 (6) (c) and (d) of the statutes are created to read:
SB190-SSA2,11,2412 11.12 (6) (c) 1. If any committee identified under s. 11.05 (3) (c) intends to make
13any disbursement or to incur any obligation to make a disbursement for the purpose
14of advocating the election or defeat of a clearly identified candidate for a state office
15specified in s. 11.31 (1) (a) to (d), (e) or (f), or any such candidate who seeks a
16nomination for such an office at a primary election, without cooperation or
17consultation with a candidate or agent or authorized committee of a candidate who
18is supported or whose opponent is opposed, and not in concert with or at the request
19or suggestion of such a candidate, agent or committee, the committee shall, no later
20than 21 days prior to the activity intended to be funded by the disbursement or
21obligation, report to the board in such manner as the board may prescribe, the name
22of each candidate who is supported or whose opponent is opposed and the total
23amount of disbursements to be made and obligations to be incurred for such a
24purpose in support or opposition to that candidate.
SB190-SSA2,12,13
12. If any committee identified under s. 11.05 (3) (c) makes any disbursement
2or incurs any obligation to make a disbursement for the purpose of advocating the
3election or defeat of a clearly identified candidate for a state office specified in s. 11.31
4(1) (a) to (d), (e) or (f) at the general or a special election, or any such candidate who
5seeks a nomination for such an office at a primary election, without cooperation or
6consultation with a candidate or agent or authorized committee of a candidate who
7is supported or whose opponent is opposed, and not in concert with or at the request
8or suggestion of such a candidate, agent or committee, the committee shall, no later
9than 24 hours after making the disbursement or incurring the obligation, report to
10the board, in such manner as the board may prescribe, the name of each candidate
11who is supported or whose opponent is opposed and the total amount of
12disbursements made and obligations incurred for such a purpose in support of or
13opposition to that candidate.
SB190-SSA2,12,1614 3. A committee which files a report under this paragraph concerning a proposed
15disbursement is not required to file a report pertaining to the same disbursement
16under par. (a).
SB190-SSA2,12,1817 (d) All information reported by a registrant under this subsection shall also be
18included in the next regular report of the registrant under s. 11.20.
SB190-SSA2, s. 28 19Section 28. 11.12 (7) of the statutes is created to read:
SB190-SSA2,13,220 11.12 (7) (a) If a candidate for a state office specified in s. 11.31 (1) (a) to (d),
21(e) or (f) does not accept a grant under s. 11.50, that candidate or the candidate's
22personal campaign committee shall report to the board the information specified in
23s. 11.06 (1) pertaining to all contributions received from individuals no later than 24
24hours after receipt of any contribution, in such manner as the board may prescribe,
25if the candidate or personal campaign committee receives, during the campaign of

1that candidate, as defined in s. 11.26 (17), total contributions that equal more than
2the following amount or value, as adjusted under par. (d):
SB190-SSA2,13,43 1. For candidates for the offices of governor and lieutenant governor jointly,
4$2,000,000 from all individuals.
SB190-SSA2,13,65 2. For a candidate for the office of attorney general, $600,000 from all
6individuals.
SB190-SSA2,13,77 3. For a candidate for the office of justice, $300,000 from all individuals.
SB190-SSA2,13,98 4. For a candidate for the office of secretary of state, state treasurer or state
9superintendent, $200,000 from all individuals.
SB190-SSA2,13,1010 5. For a candidate for the office of state senator, $70,000 from all individuals.
SB190-SSA2,13,1211 6. For a candidate for the office of representative to the assembly, $35,000 from
12all individuals.
SB190-SSA2,13,1713 (am) If a candidate for a state office specified in s. 11.31 (1) (a) to (d), (e) or (f)
14does not accept a grant under s. 11.50, that candidate or the candidate's personal
15campaign committee shall report to the board the information specified in s. 11.06
16(1) pertaining to all contributions received from committees no later than 24 hours
17after receipt of any contribution, in such manner as the board may prescribe.
SB190-SSA2,13,2118 (b) The first report filed by a candidate or personal campaign committee under
19pars. (a) and (am) during any campaign shall include the information required under
20pars. (a) and (am) for all contributions received since the closing date for the
21preceding report filed by that candidate or committee as provided in s. 11.20 (8).
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