Amendment SSA2-SB190

SB190-SSA2,25,19 11.31 (2) Limitation imposed. 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 clean government fund may make or authorize total disbursements from the his or her campaign treasury in any campaign to the extent of more than the amount prescribed in sub. (1), 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) sub. (3p) 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 clean government fund may make or authorize total disbursements from the his or her campaign treasury in any campaign to the extent of more than the amount prescribed under sub. (1), 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) sub. (3p) applies.

SB190-SSA2, s. 69 Section 69. 11.31 (2m) of the statutes is repealed.

SB190-SSA2, s. 70 Section 70. 11.31 (3) of the statutes is repealed.

SB190-SSA2, s. 71 Section 71. 11.31 (3m) of the statutes is repealed.

SB190-SSA2, s. 72 Section 72. 11.31 (3p) of the statutes is created to read:

SB190-SSA2,26,2 11.31 (3p) Candidates receiving additional grants; exception. If a candidate receives a grant under s. 11.50 (9) (b) or (ba), the disbursement limitation of that candidate for the campaign in which the grant is received is increased by the amount of that grant.

SB190-SSA2, s. 73 Section 73. 11.31 (4) of the statutes is repealed.

SB190-SSA2, s. 74 Section 74. 11.31 (9) of the statutes is created to read:

SB190-SSA2,26,8 11.31 (9) Adjustment of disbursement levels. (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 federal department of labor.

SB190-SSA2,26,23 (b) The dollar amounts of all disbursement levels specified in sub. (1) shall be subject to a biennial 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 2001. For each biennium, the board shall multiply that result by the percentage difference in the consumer price indices. The board shall adjust the disbursement levels specified under sub. (1) to substitute that result for the existing levels 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 amounts shall be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b) and (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety or welfare, and without a finding of emergency.

SB190-SSA2, s. 75 Section 75. 11.38 (1) (a) 3. of the statutes is amended to read:

SB190-SSA2,27,3 11.38 (1) (a) 3. No corporation or association specified in subd. 1. may expend more than a combined total of $500 annually for solicitation of contributions to a fund established under subd. 2. or to a conduit.

SB190-SSA2, s. 76 Section 76. 11.50 (title) of the statutes is amended to read:

SB190-SSA2,27,5 11.50 (title) Wisconsin election campaign Clean government fund.

SB190-SSA2, s. 77 Section 77. 11.50 (1) (b) of the statutes is amended to read:

SB190-SSA2,27,8 11.50 (1) (b) "Fund" means the Wisconsin election campaign clean government fund.

SB190-SSA2, s. 78 Section 78. 11.50 (2) (a) of the statutes is amended to read:

SB190-SSA2,27,24 11.50 (2) (a) Any individual who desires to qualify as an eligible candidate may file an application with the board requesting approval to participate in the fund. The application shall be filed no later than the applicable deadline for filing nomination papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a) or 8.50 (3) (a), no later than 4:30 p.m. on the 7th day after the primary or date on which the primary would be held if required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in the case of candidates appointed to fill vacancies. The application shall contain a sworn statement that the candidate and his or her authorized agents have complied with the contribution limitations prescribed in s. 11.26 and the disbursement limitations prescribed under s. 11.31 (1), as adjusted under s. 11.31 (9), at all times to which such limitations have applied to his or her candidacy and will continue to comply with the limitations at all times to which the limitations apply to his or her candidacy for the office in contest, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under par. (h), or par. (i) s. 11.31 (3p) applies.

SB190-SSA2, s. 79 Section 79. 11.50 (2) (b) (intro.) of the statutes is amended to read:

SB190-SSA2,28,3 11.50 (2) (b) (intro.) The Except as provided in par. (bm), the board shall approve the application of an eligible candidate for participation if the candidate meets the following requirements:

SB190-SSA2, s. 80 Section 80. 11.50 (2) (b) 1. to 3. of the statutes are amended to read:

SB190-SSA2,28,5 11.50 (2) (b) 1. The application is timely; .

SB190-SSA2,28,7 2. The candidate is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear upon the spring or general election or a special election ballot;.

SB190-SSA2,28,9 3. The candidate has an opponent who is certified for placement on the election ballot as a candidate for the same office;.

SB190-SSA2, s. 81 Section 81. 11.50 (2) (b) 3m. of the statutes is created to read:

SB190-SSA2,28,14 11.50 (2) (b) 3m. The candidate has filed with the board, no later than 4:30 p.m. on the 5th day before the deadline for filing an application to receive a grant under par. (a), an application to receive a grant or a statement that the candidate intends to qualify to receive a grant.

SB190-SSA2, s. 82 Section 82. 11.50 (2) (b) 3s. of the statutes is created to read:

SB190-SSA2,28,23 11.50 (2) (b) 3s. The candidate has filed with the board, on a form prescribed by the board, no later than the deadline for filing an application to receive a grant under par. (a), the signatures of qualified electors of the jurisdiction or district in which the candidate seeks office which have not been filed with the application of any other candidate at the same election for the same office within the same jurisdiction or district equal to the following, less the number of valid signatures of qualified electors who signed nomination papers filed by the candidate or candidates under s. 8.15 (6), 8.20 (4) or 8.50 (3) (a):

SB190-SSA2,29,3 a. For candidates for the offices of governor and lieutenant governor jointly or a candidate for the office of attorney general, secretary of state, state treasurer, state superintendent or justice, not less than 5,000 nor more than 7,000 electors.

SB190-SSA2,29,5 b. For candidates for the office of state senator, not less than 800 nor more than 1,600 electors.

SB190-SSA2,29,7 c. For candidates for the office of representative to the assembly, not less than 400 nor more than 800 electors.

SB190-SSA2, s. 83 Section 83. 11.50 (2) (b) 4. of the statutes is amended to read:

SB190-SSA2,29,12 11.50 (2) (b) 4. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that his or her statement filed with the application under par. (a) is true; and.

SB190-SSA2, s. 84 Section 84. 11.50 (2) (b) 5. of the statutes is renumbered 11.50 (2) (b) 5. (intro.) and amended to read:

SB190-SSA2,30,12 11.50 (2) (b) 5. (intro.) The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received at least the amount provided in this subdivision, from contributions of money, other than loans, made by individuals who are residents of this state, which have been received during the period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding such date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days preceding such date or the date a special election is ordered, whichever is earlier, in the case of special election candidates, which contributions are in the aggregate amount of $100 or less, and which are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5% of the candidate's authorized disbursement limitation under s. 11.31. For any other candidate at the general election, the required amount to qualify for a grant is 10% of the candidate's authorized disbursement limitation under s. 11.31. Except as provided in sub. (9a), the amount of contributions required under this subdivision is:

SB190-SSA2, s. 85 Section 85. 11.50 (2) (b) 5. a. to f. of the statutes are created to read:

SB190-SSA2,30,15 11.50 (2) (b) 5. a. For candidates for the offices of governor and lieutenant governor jointly, $80,000.

SB190-SSA2,30,16 b. For a candidate for the office of attorney general, $24,000.

SB190-SSA2,30,17 c. For a candidate for the office of justice, $12,000.

SB190-SSA2,30,19 d. For a candidate for the office of secretary of state, state treasurer or state superintendent, $8,000.

SB190-SSA2,30,20 e. For a candidate for the office of state senator, $4,000.

SB190-SSA2,30,21 f. For a candidate for the office of representative to the assembly, $2,000.

SB190-SSA2, s. 86 Section 86. 11.50 (2) (bm) of the statutes is created to read:

SB190-SSA2,30,25 11.50 (2) (bm) The board shall not approve the application of an eligible candidate for the office of governor or lieutenant governor of the same political party unless both candidates qualify to receive a grant under this subsection.

SB190-SSA2, s. 87 Section 87. 11.50 (2) (g) of the statutes is amended to read:

SB190-SSA2,31,9 11.50 (2) (g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the contribution limitations prescribed in s. 11.26 and the disbursement limitations imposed under s. 11.31 (2), as adjusted under s. 11.31 (9) as binding upon himself or herself and his or her agents during the campaign as defined in s. 11.31 (7), as a precondition to receipt of a grant under this section, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws the application under par. (h), or par. (i) s. 11.31 (3p) applies.

SB190-SSA2, s. 88 Section 88. 11.50 (2) (i) of the statutes is repealed.

SB190-SSA2, s. 89 Section 89. 11.50 (3) of the statutes is repealed.

SB190-SSA2, s. 90 Section 90. 11.50 (4) of the statutes is repealed and recreated to read:

SB190-SSA2,31,15 11.50 (4) Amount of grants. Except as provided in sub. (9) (b) and (ba), each eligible candidate for the same office who qualifies for grant under this section shall receive an equal amount.

SB190-SSA2, s. 91 Section 91. 11.50 (5) of the statutes is amended to read:

SB190-SSA2,31,24 11.50 (5) Time of disbursement. The state treasurer shall make the disbursements to the campaign depository account of each eligible candidate under subs. (3) and (4) by the end of the 3rd business day following notice from the board under s. 7.08 (2) (c) or (cm). Eligible candidates for governor and lieutenant governor of the same political party may combine accounts if desired, except that the state treasurer shall make disbursements for eligible candidates for the office of governor and lieutenant governor jointly to the campaign depository account of the candidate for governor.

SB190-SSA2, s. 92 Section 92. 11.50 (6) of the statutes is repealed.

SB190-SSA2, s. 93 Section 93. 11.50 (9) (title) of the statutes is amended to read:

SB190-SSA2,32,2 11.50 (9) (title) Limitation on Amount of grants.

SB190-SSA2, s. 94 Section 94. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) (intro.) and amended to read:

SB190-SSA2,32,12 11.50 (9) (a) (intro.) The Except as provided in pars. (b) and (ba) and sub. (9a), the total grant available to an eligible candidate may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, political party committees and legislative campaign committees, is equal to 45% of the disbursement level specified for the applicable office under s. 11.31. The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are not exceeded and any violation is reported. is:

SB190-SSA2,32,14 (am) No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.

SB190-SSA2, s. 95 Section 95. 11.50 (9) (a) 1. to 6. of the statutes are created to read:

SB190-SSA2,32,17 11.50 (9) (a) 1. For candidates for the office of governor and lieutenant governor jointly, $1,200,000.

SB190-SSA2,32,18 2. For a candidate for the office of attorney general, $350,000.

SB190-SSA2,32,19 3. For a candidate for the office of justice, $225,000.

SB190-SSA2,32,21 4. For a candidate for the office of secretary of state, state treasurer or state superintendent, $115,000.

SB190-SSA2,32,22 5. For a candidate for the office of state senator, $40,000.

SB190-SSA2,32,23 6. For a candidate for the office of representative to the assembly, $20,000.

SB190-SSA2, s. 96 Section 96. 11.50 (9) (b) of the statutes is created to read:

SB190-SSA2,33,17 11.50 (9) (b) If an eligible candidate who accepts a grant is opposed by one or more candidates whose names are certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot, and if a committee intends to make any disbursement or to incur any obligation to make any disbursement that is intended to be used to oppose the election of the eligible candidate who accepts a grant or to support a certified opponent of that candidate without cooperation or consultation with any certified opposing candidate or such a candidate's agent or authorized committee, and not in concert with, or at the request or suggestion of any certified opposing candidate's agent or authorized committee, or if a committee makes any disbursement or incurs any obligation to make any disbursement that is used for such a purpose, then the board shall make an additional grant to the eligible candidate who accepts a grant in an amount equal to the total amount of disbursements intended to be made or made and obligations intended to be incurred or incurred for the purpose of advocating the election of the certified opposing candidate or for the purpose of opposing the election of the eligible candidate who accepts the grant, as reported by committees under s. 11.12 (6) (c), less any proposed disbursements or proposed or actual obligations for the same purpose that were previously reported.

SB190-SSA2, s. 97 Section 97. 11.50 (9) (ba) of the statutes is created to read:

SB190-SSA2,34,7 11.50 (9) (ba) If an eligible candidate who accepts a grant is opposed by one or more candidates who are required, or whose personal campaign committees are required, to file a report under s. 11.12 (7) or (8), then the board shall make an additional grant to the eligible candidate who accepts a grant in an amount equal to the total amount or value of contributions accepted by the opposing candidate or candidates exceeding the amount specified for the office sought by the candidate or candidates under s. 11.12 (7) (a) for contributions from all individuals and the total amount or value of contributions accepted by the opposing candidate or candidates from committees, plus an additional grant in an amount equal to the total amount of disbursements intended to be made or made and obligations intended to be incurred or incurred exceeding the amount specified under s. 11.31 (1) (a) to (d), (e) or (f) for the office which the candidate seeks, as reported by the opposing candidate under s. 11.12 (7) or (8), or both, less any proposed disbursements or proposed or actual obligations for the same purpose that were previously reported.

SB190-SSA2, s. 98 Section 98. 11.50 (9a) of the statutes is created to read:

SB190-SSA2,34,12 11.50 (9a) Adjustment of qualifying and grant amounts. (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 federal department of labor.

SB190-SSA2,35,3 (b) The dollar amounts of all qualifying amounts specified in sub. (2) (b) 5. and all grant amounts specified in sub. (9) shall be subject to a biennial 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 2001. For each biennium, the board shall multiply each qualifying amount and grant amount by the percentage difference in the consumer price indices. The board shall adjust each qualifying amount and grant amount to substitute that result for the existing amount to the extent required to reflect any difference, rounded to the nearest multiple of $25. The amounts so determined shall then be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b) and (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety or welfare and without a finding of emergency.

SB190-SSA2, s. 99 Section 99. 11.50 (11) (e) of the statutes is amended to read:

SB190-SSA2,35,8 11.50 (11) (e) No candidate may expend, authorize the expenditure of or incur any obligation to expend any grant if he or she violates the pledge required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h) or (i).

SB190-SSA2, s. 100 Section 100. 11.60 (3s) and (3t) of the statutes are created to read:

SB190-SSA2,35,20 11.60 (3s) Notwithstanding sub. (1), if any candidate or other individual or committee accepts or transfers a contribution, makes a disbursement or incurs an obligation to make a disbursement for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (d), (e) or (f) or makes a communication specified in s. 11.05 (14) without first registering under s. 11.05 (1), (2) or (2g) to the extent required under s. 11.05 (1), (2) and (2g), or without reporting the information required under s. 11.12 (6) (c), (7) or (8) or 11.20 (3) or (4) with respect to that contribution, disbursement or obligation, to the extent required under ss. 11.12 (6) (c), (7) and (8) and 11.20 (3) and (4), the candidate or other individual or committee may be required to forfeit not more than $500 per day for each day of continued violation.

SB190-SSA2,36,2 (3t) Notwithstanding sub. (1), if any candidate or other individual or committee accepts or transfers one or more contributions, makes one or more disbursements or incurs one or more obligations to make disbursements for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (d), (e) or (f) or to make a communication specified in s. 11.05 (14) in an amount or value that differs from the amount reported by that individual or committee under s. 11.12 (6) (c), (7) or (8) or 11.20 (3) or (4):

SB190-SSA2,36,4 (a) By more than 5% but not more than 10% cumulatively, the individual or committee shall forfeit 4 times the amount or value of the difference.

SB190-SSA2,36,6 (b) By more than 10% cumulatively, the individual or committee shall forfeit 6 times the amount or value of the difference.

SB190-SSA2, s. 101 Section 101 . 11.61 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB190-SSA2,36,12 11.61 (1) (a) Whoever Except as provided in par. (d), whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

SB190-SSA2, s. 102 Section 102 . 11.61 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB190-SSA2,36,19 11.61 (1) (b) Whoever Except as provided in par. (d), whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where the intentional violation does not involve a specific figure, or where the intentional violation concerns a figure which exceeds $100 in amount or value may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

SB190-SSA2, s. 103 Section 103. 11.61 (1) (c) of the statutes is amended to read:

SB190-SSA2,36,25 11.61 (1) (c) Whoever Except as provided in par. (d), whoever intentionally violates any provision of this chapter other than those provided in par. (a) and whoever intentionally violates any provision under par. (b) where the intentional violation concerns a specific figure which does not exceed $100 in amount or value may be fined not more than $1,000 or imprisoned not more than 6 months or both.

SB190-SSA2, s. 104 Section 104 . 11.61 (1) (d) of the statutes is created to read:

SB190-SSA2,37,11 11.61 (1) (d) Whoever, with intent to conceal or deceive, accepts or transfers a contribution, makes a disbursement or incurs an obligation to make a disbursement for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (d), (e) or (f) or to make a communication specified in s. 11.05 (14) without first registering under s. 11.05 (1), (2) or (2g), to the extent required under s. 11.05 (1), (2) and (2g), or without reporting the information required under s. 11.12 (6) (c), (7) or (8) or 11.20 (3) or (4) with respect to that contribution, disbursement or obligation, to the extent required under ss. 11.12 (6) (c), (7) and (8) and 11.20 (3) and (4), may be fined not more than $10,000 or imprisoned for not more than 5 years, or both.

SB190-SSA2, s. 105 Section 105. 14.58 (20) of the statutes is amended to read:

SB190-SSA2,37,16 14.58 (20) Election campaign Clean government fund. Make disbursements to each candidate certified under s. 7.08 (2) (c) or (cm) by the elections board as eligible to receive moneys from the Wisconsin election campaign clean government fund.