Amendment JR2 CA2-ASA1-AB1

LRBb3118/2

JTK/RJM/MES:kg:pg

January 2002 Special Session

2001 - 2002 LEGISLATURE

CONFERENCE AMENDMENT 2, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 1

July 3, 2002 - Offered by Conference on January 2002 Special Session Assembly Bill 1.

AB1-ASA1-CA2,1,1 At the locations indicated, amend the substitute amendment as follows:

AB1-ASA1-CA2,1,2 1. Page 1, line 4: before that line insert:

AB1-ASA1-CA2,1,3 " Section 1bc. 5.02 (13) of the statutes is amended to read:

AB1-ASA1-CA2,1,9 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).

AB1-ASA1-CA2, s. 1bf Section 1bf. 5.05 (2) of the statutes is amended to read:

AB1-ASA1-CA2,2,8 5.05 (2) Auditing. In addition to the facial examination of reports and statements required under s. 11.21 (13), the board shall conduct an audit of reports and statements which are required to be filed with it to determine whether violations of ch. 11 have occurred. The board may examine records relating to matters required to be treated in such reports and statements. The board shall make official note in the file of a candidate, committee, group or individual under ch. 11 of any error or other discrepancy which the board discovers and shall inform the person submitting the report or statement. The board may also examine all documentation that is required to be maintained by political parties that receive grants from the Wisconsin election campaign fund under s. 11.50 (2s).".

AB1-ASA1-CA2,2,9 2. Page 1, line 4: delete that line and substitute:

AB1-ASA1-CA2,2,10 " Section 1bh. 6.18 of the statutes is amended to read:".

AB1-ASA1-CA2,2,11 3. Page 3, line 12: after that line insert:

AB1-ASA1-CA2,2,12 " Section 1bk. 7.08 (2) (c) of the statutes is amended to read:

AB1-ASA1-CA2,3,2 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 the board determines to be eligible to receive payments from the Wisconsin election campaign fund, together with a list of eligible political parties that are authorized to use grants from the Wisconsin election campaign fund to make contributions under s. 11.50 (2s) (f) to those candidates. The board shall also electronically transmit a similar list of candidates who the board determines are eligible to receive a grant under s. 11.50 (4) (bg) or (br) within 24 hours after any candidate qualifies to receive such a grant. The 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, or the name of the eligible political party and the mailing address indicated on the party's registration form.

AB1-ASA1-CA2, s. 1bm Section 1bm. 7.08 (2) (cm) of the statutes is amended to read:

AB1-ASA1-CA2,3,21 7.08 (2) (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 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 the board determines to be eligible to receive a grant under s. 11.50 (1) (a) 2. 1. b. after the special election. In addition, the board shall transmit at the same time a list of eligible political parties that are authorized to use grants from the Wisconsin election campaign fund to make contributions under s. 11.50 (2s) (f) to candidates of those parties whose names are certified under this paragraph. The board shall electronically transmit a similar list of candidates who the board determines are eligible to receive a grant under s. 11.50 (4) (bg) or (br) within 24 hours after any candidate qualifies to receive such a grant. The 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 or the name of the eligible political party and the mailing address indicated on the party's registration form.

AB1-ASA1-CA2, s. 1bp Section 1bp. 8.30 (2) of the statutes is amended to read:

AB1-ASA1-CA2,4,4 8.30 (2) If no registration statement has been filed by or on behalf of a candidate for state or local office in accordance with s. 11.05 (2g) or (2r) by the applicable deadline for filing nomination papers by such the candidate, or the deadline for filing a declaration of candidacy for an office for which nomination papers are not filed, the name of the candidate may not appear on the ballot. This subsection may not be construed to exempt a candidate from applicable penalties if he or she files a registration statement later than the time prescribed in ss. 11.01 (1) and 11.05 (2g).

AB1-ASA1-CA2, s. 1bt Section 1bt. 8.35 (4) (a) 1. a. and b. of the statutes are amended to read:

AB1-ASA1-CA2,4,13 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 left no instruction, 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

AB1-ASA1-CA2,4,19 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 left no instruction, by the former candidate's next of kin if the former candidate is deceased; or

AB1-ASA1-CA2, s. 1bw Section 1bw. 8.35 (4) (c) and (d) of the statutes are amended to read:

AB1-ASA1-CA2,5,5 8.35 (4) (c) The transfer to the replacement candidate under par. (b) shall be made and reported to the appropriate filing officer in a special report submitted by the former candidate's campaign treasurer. If the former candidate is deceased and was serving as his or her own campaign treasurer, the former candidate's petitioner or personal representative shall file the report and make the transfer required by par. (b), if any and file the report. The report shall be made at the appropriate interval under s. 11.20 (2) or (4) and shall include a complete statement of all contributions, disbursements and incurred obligations pursuant to s. 11.06 (1) covering the period from the day after the last date covered on the former candidate's most recent report to the date of disposition.

AB1-ASA1-CA2,5,9 (d) The newly appointed candidate shall file his or her report at the next appropriate interval under s. 11.20 (2) or (4) after his or her appointment. The appointed candidate shall include any transferred funds moneys in his or her first report.

AB1-ASA1-CA2, s. 1cd Section 1cd. 11.001 (2m) of the statutes is created to read:

AB1-ASA1-CA2,5,17 11.001 (2m) The legislature finds a compelling justification for minimal disclosure of all communications that are to be made near the time of an election and that include a reference to or depiction of a clearly identified candidate at that election in order to permit increased funding for candidates who are affected by those communications. This minimal disclosure burden is outweighed by the need to establish an effective funding mechanism for affected candidates to effectively respond to communications that may impact an election.

AB1-ASA1-CA2, s. 1cm Section 1cm. 11.01 (4m) of the statutes is created to read:

AB1-ASA1-CA2,5,25 11.01 (4m) "Communication" means a message, other than a communication that is exempt from reporting under s. 11.29, that is transmitted by means of a printed advertisement, billboard, handbill, marked sample ballot, radio or television advertisement, mass electronic communication, mass telephoning, or mass mailing, or any medium that may be utilized for the purpose of disseminating or broadcasting a message, but not including a poll conducted solely for the purpose of identifying or collecting data concerning the attitudes or preferences of electors.

AB1-ASA1-CA2, s. 1cs Section 1cs. 11.01 (12s) of the statutes is repealed.

AB1-ASA1-CA2, s. 1cz Section 1cz. 11.01 (12w), (13) and (14) of the statutes are created to read:

AB1-ASA1-CA2,6,5 11.01 (12w) "Mass electronic communication" means the transmission of 50 or more pieces of substantially identical material by means of electronic mail or facsimile transmission.

AB1-ASA1-CA2,6,7 (13) "Mass mailing" means the distribution of 50 or more pieces of substantially identical material.

AB1-ASA1-CA2,6,9 (14) "Mass telephoning" means the making of 50 or more telephone calls conveying a substantially identical message.

AB1-ASA1-CA2, s. 1dd Section 1dd. 11.01 (16) (a) 3. of the statutes is created to read:

AB1-ASA1-CA2,6,16 11.01 (16) (a) 3. A communication, other than a communication that is exempt from reporting under s. 11.29, that is made during the period beginning on the 60th day preceding a general, special, or spring election and ending on the date of that election and that includes a reference to or depiction of a clearly identified candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot for election or nomination to an office to be filled at that election.

AB1-ASA1-CA2, s. 1dh Section 1dh. 11.01 (17g) and (17r) of the statutes are created to read:

AB1-ASA1-CA2,6,21 11.01 (17g) "Public access channel" means a channel that is required under a franchise granted under s. 66.0419 (3) (b) by a city, village, or town to a cable operator, as defined in s. 66.0419 (2) (b), and that is used for public access purposes, but does not include a channel that is used for governmental or educational purposes.

AB1-ASA1-CA2,6,23 (17r) "Public access channel operator" means a person designated by a city, village, or town as responsible for the operation of a public access channel.

AB1-ASA1-CA2, s. 1dt Section 1dt. 11.05 (1) of the statutes is renumbered 11.05 (1) (a) and amended to read:

AB1-ASA1-CA2,7,8 11.05 (1) (a) Except as provided in s. 9.10 (2) (d), every committee, other than a personal campaign committee, and every political group subject to registration under s. 11.23 which that makes or accepts contributions, incurs obligations or makes disbursements in a calendar year in an aggregate amount in excess of $25 shall file a statement with the appropriate filing officer giving the information required by sub. (3). In the case of any committee other than a personal campaign committee, the statement shall be filed by the treasurer. A personal campaign committee shall register under sub. (2g) or (2r).

AB1-ASA1-CA2, s. 1dx Section 1dx. 11.05 (1) (b) of the statutes is created to read:

AB1-ASA1-CA2,7,13 11.05 (1) (b) Every political group subject to registration under s. 11.23 which makes or accepts contributions, incurs obligations, or makes disbursements in a calendar year in an aggregate amount in excess of $100 shall file a statement with the appropriate filing officer giving the information required by sub. (3).

AB1-ASA1-CA2, s. 1ee Section 1ee. 11.05 (2) of the statutes is renumbered 11.05 (2) (a) and amended to read:

AB1-ASA1-CA2,7,23 11.05 (2) (a) Except as provided in s. 9.10 (2) (d), every individual, other than a candidate or agent of a candidate, who accepts contributions, incurs obligations, or makes disbursements with respect to one or more elections for state or local office in a calendar year in an aggregate amount in excess of $25 shall file a statement with the appropriate filing officer giving the information required by sub. (3). An individual who guarantees a loan on which an individual, committee or group subject to a registration requirement defaults is not subject to registration under this subsection solely as a result of such default.

AB1-ASA1-CA2, s. 1eh Section 1eh. 11.05 (2) (b) of the statutes is created to read:

AB1-ASA1-CA2,8,4 11.05 (2) (b) Every individual who accepts contributions, incurs obligations, or makes disbursements with respect to one or more referenda in a calendar year in an aggregate amount in excess of $100 shall file a statement with the appropriate filing officer giving the information required by sub. (3).

AB1-ASA1-CA2, s. 1em Section 1em. 11.05 (2r) (title) of the statutes is renumbered 11.06 (2m) (title).

AB1-ASA1-CA2, s. 1eo Section 1eo. 11.05 (2r) of the statutes is renumbered 11.06 (2m) (a) and amended to read:

AB1-ASA1-CA2,9,3 11.06 (2m) (a) Any person, committee or group, other than a committee or an individual or committee required to file an oath under s. 11.06 sub. (7), who or which does not anticipate accepting contributions, making disbursements or incurring obligations in an aggregate amount in excess of $1,000 in a calendar year and does not anticipate accepting any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in that year may indicate on its registration statement that the person, committee or group will not accept contributions, incur obligations or make disbursements in the aggregate in excess of $1,000 in any calendar year and will not accept any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in such any calendar year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date that aggregate contributions, disbursements or obligations for the calendar year exceed $1,000, or the date on which the registrant accepts any contribution or contributions exceeding $100 from a single source, other than contributions made by a candidate to his or her own campaign, during that any calendar year, whichever is earlier. If the revocation is not timely, the registrant violates s. 11.27 (1).

AB1-ASA1-CA2, s. 1er Section 1er. 11.05 (3) (c) of the statutes is amended to read:

AB1-ASA1-CA2,9,8 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.

AB1-ASA1-CA2, s. 1ev Section 1ev. 11.05 (3) (m) of the statutes is created to read:

AB1-ASA1-CA2,9,12 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.

AB1-ASA1-CA2, s. 1ex Section 1ex. 11.05 (3) (o) of the statutes is repealed.

AB1-ASA1-CA2, s. 1fd Section 1fd. 11.05 (3) (r) of the statutes is created to read:

AB1-ASA1-CA2,9,17 11.05 (3) (r) In the case of a candidate or personal campaign committee of a candidate, the telephone number or numbers and a facsimile transmission number or electronic mail address, if any, at which the candidate may be contacted.

AB1-ASA1-CA2, s. 1ff Section 1ff. 11.05 (5) of the statutes is amended to read:

AB1-ASA1-CA2,9,25 11.05 (5) Change of information. Any change in information previously submitted in a statement of registration shall be reported by the registrant to the appropriate filing officer within 10 days following the change. This period does not apply in case of change of an indication made under sub. (2r) s. 11.06 (2m), which shall be reported no later than the date that a registrant is subject to a filing requirement under sub. (2r) s. 11.06 (2m). Any such change may be reported only by the individual or by the officer who has succeeded to the position of an individual who signed the original statement; but in the case of a personal campaign committee, a candidate or campaign treasurer may report a change in the statement except as provided in s. 11.10 (2), and in the case of any other committee or group, the chief executive officer or treasurer indicated on the statement may report a change. If a preexisting support committee is adopted by a candidate as his or her personal campaign committee, the candidate shall file an amendment to the committee's statement under this subsection indicating that all information contained in the statement is true, correct and complete.

AB1-ASA1-CA2, s. 1fh Section 1fh. 11.05 (9) (title) of the statutes is repealed and recreated to read:

AB1-ASA1-CA2,10,10 11.05 (9) (title) Deposit of contributions; conduits.

AB1-ASA1-CA2, s. 1fk Section 1fk. 11.05 (9) (b) of the statutes is amended to read:

AB1-ASA1-CA2,10,17 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.

AB1-ASA1-CA2, s. 1fm Section 1fm. 11.05 (12) (b) of the statutes is amended to read:

AB1-ASA1-CA2,11,2 11.05 (12) (b) Except as authorized under sub. (13), a committee, group or individual other than a candidate or agent of a candidate shall comply with sub. (1) or (2) no later than the 5th business day commencing after receipt of the first contribution by such committee, group or individual, and before making any disbursement. No committee, group or individual, other than a candidate or agent of a candidate, may accept any contribution or contributions exceeding $25 in the aggregate the amount specified in sub. (1) or (2) during a calendar year at any time when the committee, group or individual is not registered under this section except within the initial 5-day period authorized by this paragraph.

AB1-ASA1-CA2, s. 1fo Section 1fo. 11.05 (13) of the statutes is amended to read:

AB1-ASA1-CA2,11,10 11.05 (13) Bank account and postal box; exemption. An individual, committee or group does not violate this section by accepting a contribution and making a disbursement in the amount required to rent a postal box, or in the minimum amount required by a bank or trust company to open a checking account, prior to the time of registration, if the disbursement is properly reported on the first report submitted under s. 11.20 or 11.21 (16) after the date that the individual, committee or group is registered, whenever a reporting requirement applies to the registrant.

AB1-ASA1-CA2, s. 1ft Section 1ft. 11.06 (1) (intro.) of the statutes is amended to read:

AB1-ASA1-CA2,11,18 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (3) (2m), and (3m) and ss. 11.05 (2r) and s. 11.19 (2), each registrant under s. 11.05 shall make full reports, upon a form prescribed by the board and signed by the appropriate individual under sub. (5), of all contributions received, contributions or disbursements made, and obligations incurred. Each report shall contain the following information, covering the period since the last date covered on the previous report, unless otherwise provided:

AB1-ASA1-CA2, s. 1fv Section 1fv. 11.06 (1) (cm) and (dm) of the statutes are created to read:

AB1-ASA1-CA2,12,2 11.06 (1) (cm) If a candidate wishes to make disbursements using contributions that are not subject to the restriction under s. 11.24 (1w) and that are exempt from the limitations under s. 11.26 (9), as provided under s. 11.26 (9m), a separate schedule itemizing those contributions that the candidate intends to use to make disbursements that are exempt from those limitations. The separate schedule may include contributions previously reported by the candidate and, if so, shall indicate the amounts and dates on which those contributions were reported as received.

AB1-ASA1-CA2,12,6 (dm) A separate schedule itemizing those contributions that were transferred to the registrant by a conduit, together with the name and address of the conduit, the date and amount of each transfer, and the cumulative total amount transferred to the registrant by the conduit for the calendar year.

AB1-ASA1-CA2, s. 1fy Section 1fy. 11.06 (1) (e) of the statutes is amended to read:

AB1-ASA1-CA2,12,11 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.

AB1-ASA1-CA2, s. 1gb Section 1gb. 11.06 (2) of the statutes is amended to read:

AB1-ASA1-CA2,12,22 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, for a purpose other than to make a communication described in s. 11.01 (16) (a) 3., 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.

AB1-ASA1-CA2, s. 1gd Section 1gd. 11.06 (2m) (b) to (d) of the statutes are created to read: