Amendment JR2 CA2-ASA1-AB1

AB1-ASA1-CA2,65,12 11.50 (4) Apportionment of moneys in general account. (a) After transfer of the amount specified by the board under sub. (2m), the board shall apportion the remaining moneys in the general account in the manner specified in this subsection.

AB1-ASA1-CA2,65,17 (b) Prior to payment of any grants at an election for a partisan state office, the board shall reserve an amount equal to the amount of the disbursement limitation under s. 11.31 (2), as adjusted under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (3p), for the office sought by each eligible candidate other than a candidate who qualifies to receive a grant under sub. (2).

AB1-ASA1-CA2,65,24 (bg) If a report filed under s. 11.12 (8) indicates that a candidate for a partisan state office has made disbursements exceeding the amount specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), then upon application to the board by any eligible opposing candidate, other than a candidate who qualifies to receive a grant under sub. (2s) (c), the board shall make a supplemental grant from the reserve under par. (b) to the eligible opposing candidate in an amount equal to the lesser of the following:

AB1-ASA1-CA2,66,3 1. The amount of the disbursement limitation specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), minus any contributions accepted by the candidate under s. 11.26 (9m) (a).

AB1-ASA1-CA2,66,7 2. The total amount by which the combined total of all such disbursements that exceeds the applicable amount specified under s. 11.31 (1) (a) to (d), (e), or (f), as adjusted under s. 11.31 (9), minus any contributions accepted by the candidate under s. 11.26 (9m) (a).

AB1-ASA1-CA2,66,18 (br) If a report filed under s. 11.12 (6) (am) or (c) indicates that disbursements have been made or are proposed to be made against an eligible candidate for a partisan state office, other than a candidate who qualifies to receive a grant under sub. (2s) (c), or in support of such a candidate's opponent, or that obligations have been incurred for such a purpose, and if the aggregate total of such disbursements, proposed disbursements, and obligations, less any disbursements made, or to be made, for the purpose of the payment of obligations that were previously reported, exceeds 5% of the amount specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), then upon application to the board by the candidate, the board shall make a supplemental grant from the reserve under par. (b) to that candidate in an amount equal to the lesser of the following:

AB1-ASA1-CA2,66,21 1. The amount of the disbursement limitation specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), minus any contributions accepted by the candidate under s. 11.26 (9m) (b).

AB1-ASA1-CA2,67,2 2. The total amount by which the disbursements, proposed disbursements, and obligations exceed the applicable amount specified under s. 11.31 (1) (a) to (d), (e), or (f), as adjusted under s. 11.31 (9), minus any contributions accepted by the candidate under s. 11.26 (9m) (b), and the amount of any disbursements made, or to be made, for the purpose of the payment of obligations that were previously reported.

AB1-ASA1-CA2,67,4 (c) The state treasurer shall make payment of grants to eligible candidates at an election in the following sequence:

AB1-ASA1-CA2,67,8 1. First, the state treasurer shall make payment of grants to candidates for the office of justice in the amounts to which the candidates are entitled under sub. (9), and shall prorate those payments if insufficient moneys are available to make full payments to all candidates for the same office.

AB1-ASA1-CA2,67,10 2. Second, the state treasurer shall make payment of grants to candidates for partisan state offices other than candidates of eligible political parties.

AB1-ASA1-CA2,67,16 3. Third, the state treasurer shall make payment of the amount required to equalize payments of grants to all candidates for the same office who have received grants from a political party account, and shall prorate the payments of candidates who receive lower amounts from a political party account if insufficient moneys are available to fully equalize the amounts of grants received by all candidates for the same office.

AB1-ASA1-CA2,67,21 4. Fourth, the state treasurer shall make payment of the remaining amount, if any, required to enable all eligible candidates to receive the full amount of the grant to which they are entitled under sub. (9), and shall prorate those payments if insufficient moneys are available to make full payments to all candidates for the same office.

AB1-ASA1-CA2,67,25 5. Fifth, the state treasurer shall make payment of grants to candidates for the office of state superintendent in the amounts to which the candidates are entitled under sub. (9), and shall prorate those payments if insufficient moneys are available to make full payments to all candidates for the same office.

AB1-ASA1-CA2, s. 1pr Section 1pr. 11.50 (5) of the statutes is renumbered 11.50 (5) (a) and amended to read:

AB1-ASA1-CA2,68,6 11.50 (5) (a) The state treasurer shall make the disbursements of grants under sub. (4) to the campaign depository account of each eligible candidate under subs. (3) and (4) and each eligible political party under sub. (2s) by the end of the 3rd business day following notice from the board under s. 7.08 (2) (c) or (cm).

AB1-ASA1-CA2,68,8 (b) Eligible candidates for governor and lieutenant governor of the same political party may combine accounts if desired.

AB1-ASA1-CA2, s. 1ps Section 1ps. 11.50 (6) of the statutes is amended to read:

AB1-ASA1-CA2,68,13 11.50 (6) Excess moneys. If the amounts which are to be apportioned to each eligible candidate under subs. (3) and (4) are more than the amount which a candidate may accept under sub. (9), or more than the amount which a candidate elects to accept under sub. (10), the excess moneys shall be retained in the fund.

AB1-ASA1-CA2, s. 1pv Section 1pv. 11.50 (7) (intro.) of the statutes is amended to read:

AB1-ASA1-CA2,68,19 11.50 (7) Utilization. (intro.) Grants distributed under this section and contributions received from a political party under sub. (2s) (f) may be utilized only for deposit in a campaign depository account under s. 11.10. Grants and contributions received from a political party under sub. (2s) (f) may be expended only for one or more of the following:

AB1-ASA1-CA2, s. 1px Section 1px. 11.50 (8) of the statutes is amended to read:

AB1-ASA1-CA2,69,4 11.50 (8) Lapsing grants. All grants disbursed to eligible candidates under sub. (5) remain the property of the state until disbursed or encumbered for a lawful purpose. All grant moneys received by an eligible candidate that are unspent and unencumbered by a candidate on the day after the election in which the candidate participates shall revert to the state. All deposits and refunds derived from grant moneys that are received by a an eligible candidate that are received at any time after the day of the election in which the candidate participates shall revert to the state. All reversions shall be returned to the board by the candidate and shall be deposited in the fund.

AB1-ASA1-CA2, s. 1pz Section 1pz. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended to read:

AB1-ASA1-CA2,69,13 11.50 (9) (a) The Except as provided in sub. (4) (bg) and (br), the total grant available to an eligible candidate for the office of governor may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, and political party committees and legislative campaign committees, is equal to 45% 35% of the disbursement level specified for the applicable office that the candidate seeks, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9).

AB1-ASA1-CA2,69,16 (c) 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.

AB1-ASA1-CA2,69,18 (d) No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.

AB1-ASA1-CA2, s. 1qb Section 1qb. 11.50 (9) (b) of the statutes is created to read:

AB1-ASA1-CA2,69,25 11.50 (9) (b) Except as provided in sub. (4) (bg) and (br), the total grant available to an eligible candidate for any other state office may not exceed that amount which, when added to all other contributions accepted from sources other than individuals and political party committees, is equal to 40% of the disbursement level specified for the office that the candidate seeks, as determined under s. 11.31 (1) and adjusted under s. 11.31 (9).

AB1-ASA1-CA2, s. 1qd Section 1qd. 11.50 (10) of the statutes is repealed.

AB1-ASA1-CA2, s. 1qf Section 1qf. 11.50 (10m) of the statutes is amended to read:

AB1-ASA1-CA2,70,9 11.50 (10m) Return of grants. An individual who receives a grant prior to an election in which he or she is a candidate and who desires to return any portion of the grant shall return that portion no later than the 2nd Tuesday in October preceding a general election, the 4th Tuesday preceding a spring election or the 3rd Tuesday preceding a special election. A candidate who returns all or any portion of a grant under this subsection remains bound by the candidate's statement affidavit filed under s. 11.31 (2m) (a) and the candidate's statement filed under sub. (2) (a).

AB1-ASA1-CA2, s. 1qh Section 1qh. 11.50 (11) (e) of the statutes is amended to read:

AB1-ASA1-CA2,70,14 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 in the affidavit required under sub. (2) (a) as a precondition to receipt of a grant , except as authorized in sub. (2) (h) or (i).

AB1-ASA1-CA2, s. 1qj Section 1qj. 11.50 (14) of the statutes is created to read:

AB1-ASA1-CA2,70,17 11.50 (14) Certifications to secretary of revenue. (a) No later than July 1 of each year, the board shall certify to the secretary of revenue:

AB1-ASA1-CA2,70,20 1. The name of each political party that qualifies under sub. (1) (am) 2. as an eligible political party as of the preceding June 1 and whose state chairperson has filed a request to establish an account for the party under sub. (2s) (a).

AB1-ASA1-CA2,70,22 2. The name of each political party that qualifies under sub. (1) (am) 1. as an eligible political party as of the date of the preceding general election.

AB1-ASA1-CA2,70,24 (b) In each certification under this subsection, the board shall specify the expiration date of the certification.

AB1-ASA1-CA2, s. 1qL Section 1qL. 11.60 (3r) of the statutes is created to read:

AB1-ASA1-CA2,71,6 11.60 (3r) Notwithstanding sub. (1), any committee who violates s. 11.12 (6) (am) or (c) may be required to forfeit not more than $500 for each day of continued violation. If an amount of a disbursement or obligation reported under s. 11.12 (6) (am) or (c) varies from the actual amount of the disbursement or obligation by greater than 5%, the committee filing the report shall also be required to forfeit the total amount of the actual disbursement or obligation.

AB1-ASA1-CA2, s. 1qn Section 1qn. 11.60 (4) of the statutes is amended to read:

AB1-ASA1-CA2,71,24 11.60 (4) Actions under this section arising out of an election for state office or a statewide referendum may be brought by the board or by the district attorney of the county where the violation is alleged to have occurred, except as specified in s. 11.38. Actions under this section arising out of an election for local office or local referendum may be brought by the district attorney of the county where the violation is alleged to have occurred. Actions under this section arising out of an election for county office or a county referendum may be brought by the county board of election commissioners of the county wherein the violation is alleged to have occurred. In addition, whenever a candidate or personal campaign committee or agent of a candidate is alleged to have violated this chapter, action may be brought by the district attorney of any county any part of which is contained within the jurisdiction or district in which the candidate seeks election. If a violation concerns a district attorney or circuit judge or candidate for such offices, the action shall be brought by the attorney general. If a violation concerns the attorney general or a candidate for such office, the governor may appoint special counsel under s. 14.11 (2) to bring suit in behalf of the state. The counsel shall be independent of the attorney general and need not be a state employee at the time of appointment.".

AB1-ASA1-CA2,72,1 4. Page 3, line 17: after that line insert:

AB1-ASA1-CA2,72,3 " Section 2d. 11.61 (1) (a) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1-CA2,72,5 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), or (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6), or 11.24 (1) is guilty of a Class I felony.".

AB1-ASA1-CA2,72,6 5. Page 11, line 9: after that line insert:

AB1-ASA1-CA2,72,7 " Section 23m. 19.42 (3m), (4g) and (4r) of the statutes are created to read:

AB1-ASA1-CA2,72,9 19.42 (3m) "Candidate," except as otherwise provided, has the meaning given in s. 11.01 (1).

AB1-ASA1-CA2,72,11 (4g) "Clearly identified," when used in reference to a communication containing a reference to a person, means one of the following:

AB1-ASA1-CA2,72,12 (a) The person's name appears.

AB1-ASA1-CA2,72,13 (b) A photograph or drawing of the person appears.

AB1-ASA1-CA2,72,14 (c) The identity of the person is apparent by unambiguous reference.

AB1-ASA1-CA2,72,15 (4r) "Communication" has the meaning given in s. 11.01 (4m).".

AB1-ASA1-CA2,72,16 6. Page 11, line 18: after that line insert:

AB1-ASA1-CA2,72,17 " Section 25c. 19.45 (13) of the statutes is created to read:

AB1-ASA1-CA2,73,3 19.45 (13) No state public official holding an elective office may, directly or by means of an agent, give, or offer or promise to give, or withhold, or offer or promise to withhold, his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a political contribution, or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any other person who is subject to a registration requirement under s. 11.05, or any person making a communication that contains a reference to a clearly identified state public official holding an elective office or to a candidate for state public office.

AB1-ASA1-CA2, s. 25e Section 25e. 19.49 (1m) of the statutes is created to read:

AB1-ASA1-CA2,73,9 19.49 (1m) No complaint alleging a violation of s. 19.45 (13) may be filed during the period beginning 120 days before a general or spring election, or during the period commencing on the date of the order of a special election under s. 8.50, and ending on the date of that election, against a candidate who files a declaration of candidacy to have his or her name appear on the ballot at that election.

AB1-ASA1-CA2, s. 25g Section 25g. 19.49 (5) of the statutes is renumbered 19.49 (5) (a) and amended to read:

AB1-ASA1-CA2,73,14 19.49 (5) (a) No Except as provided in par. (b), no action may be taken on any complaint which that is filed later than 3 years after a violation of this subchapter or subch. III of ch. 13 is alleged to have occurred.

AB1-ASA1-CA2, s. 25i Section 25i. 19.49 (5) (b) of the statutes is created to read:

AB1-ASA1-CA2,73,18 19.49 (5) (b) The period of limitation under par. (a) is tolled for a complaint alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such a complaint may not be filed under s. 19.49 (1m) or 19.59 (8) (cm).

AB1-ASA1-CA2, s. 25k Section 25k. 19.53 (6) of the statutes is amended to read:

AB1-ASA1-CA2,74,11 19.53 (6) An order requiring the accused to forfeit not more than $500 for each violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each violation of any other provision of this subchapter, or not more than the applicable amount specified in s. 13.69 for each violation of subch. III of ch. 13; and, if. If the board determines that the accused has realized economic gain as a result of the violation, an the board may, in addition, order requiring the accused to forfeit the amount gained as a result of the violation. In addition, if the board determines that a state public official has violated s. 19.45 (13), the board may order the official to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained. If the board determines that a state public official has violated s. 19.45 (13) and no political contribution, service or other thing of value was obtained, the board may order the official to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater. The attorney general, when so requested by the board, shall institute proceedings to recover any forfeiture incurred under this section or s. 19.545 which is not paid by the person against whom it is assessed.

AB1-ASA1-CA2, s. 25m Section 25m. 19.535 of the statutes is created to read:

AB1-ASA1-CA2,74,22 19.535 Direct enforcement. If the board refuses or otherwise fails to authorize an investigation under s. 19.49 (3) with respect to a violation of s. 19.45 (13) within 30 days after receiving a verified complaint alleging a violation of s. 19.45 (13), the person making the complaint may bring an action to recover the forfeiture under s. 19.53 (6) on his or her relation in the name, and on behalf, of the state. In such actions, the court may award actual and necessary costs of prosecution, including reasonable attorney fees, to the relator if he or she prevails, but any forfeiture recovered shall be paid to the state. If the court finds in any such action that the cause of action was frivolous as provided in s. 814.025, the court shall award costs and fees to the defendant under that section.

AB1-ASA1-CA2, s. 25p Section 25p. 19.59 (1) (br) of the statutes is created to read:

AB1-ASA1-CA2,75,8 19.59 (1) (br) No local public official holding an elective office may, directly or by means of an agent, give, or offer or promise to give, or withhold, or offer or promise to withhold, his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a political contribution, or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any other person who is subject to a registration requirement under s. 11.05, or any person making a communication that contains a reference to a clearly identified local public official holding an elective office or to a candidate for local public office.

AB1-ASA1-CA2, s. 25r Section 25r. 19.59 (7) of the statutes is renumbered 19.59 (7) (a) and amended to read:

AB1-ASA1-CA2,75,15 19.59 (7) (a) Any person who violates sub. (1) may be required to forfeit not more than $1,000 for each violation, and, if the court determines that the accused has violated sub. (1) (br), the court may, in addition, order the accused to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained.

AB1-ASA1-CA2, s. 25t Section 25t. 19.59 (7) (b) of the statutes is created to read:

AB1-ASA1-CA2,75,22 19.59 (7) (b) Any person who violates sub. (1) may be required to forfeit not more than $1,000 for each violation, and, if the court determines that a local public official has violated sub. (1) (br) and no political contribution, service or other thing of value was obtained, the court may, in addition, order the accused to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater.

AB1-ASA1-CA2, s. 25v Section 25v. 19.59 (8) (c) of the statutes is amended to read:

AB1-ASA1-CA2,76,3 19.59 (8) (c) If the district attorney fails to commence an action to enforce sub. (1) (a), (b), or (c) to (g) within 20 days after receiving a verified complaint or if the district attorney refuses to commence such an action, the person making the complaint may petition the attorney general to act upon the complaint. The attorney general may then bring an action under par. (a) or (b), or both.

AB1-ASA1-CA2, s. 25x Section 25x. 19.59 (8) (cm) and (cn) of the statutes are created to read:

AB1-ASA1-CA2,76,9 19.59 (8) (cm) No complaint alleging a violation of sub. (1) (br) may be filed during the period beginning 120 days before a general or spring election, or during the period commencing on the date of the order of a special election under s. 8.50, and ending on the date of that election, against a candidate who files a declaration of candidacy to have his or her name appear on the ballot at that election.

AB1-ASA1-CA2,76,18 (cn) If the district attorney refuses or otherwise fails to commence an action to enforce sub. (1) (br) within 30 days after receiving a verified complaint alleging a violation of sub. (1) (br), the person making the complaint may bring an action to recover the forfeiture under sub. (7) on his of her relation in the name, and on behalf, of the state. In such actions, the court may award actual and necessary costs of prosecution, including reasonable attorney fees, to the relator if her or she prevails, but any forfeiture recovered shall be paid to the state. If the court finds in any such action that the cause of action was frivolous as provided in s. 814.025, the court shall award costs and fees to the defendant under that section.".

AB1-ASA1-CA2,76,19 7. Page 19, line 20: after that line insert:

AB1-ASA1-CA2,76,20 " Section 52j. 20.510 (1) (q) of the statutes is amended to read:

AB1-ASA1-CA2,77,2 20.510 (1) (q) Wisconsin election campaign fund. As a continuing appropriation, from the Wisconsin election campaign fund, the moneys determined under s. 11.50 to provide for payments to eligible candidates whose names are certified under s. 7.08 (2) (c) and (cm) and to provide for public information as authorized under s. 11.50 (2m).".

AB1-ASA1-CA2,77,3 8. Page 28, line 8: after that line insert:

AB1-ASA1-CA2,77,4 " Section 79m. 25.42 of the statutes is amended to read:

AB1-ASA1-CA2,77,11 25.42 Wisconsin election campaign fund. All moneys appropriated under s. 20.855 (4) (b) together with all moneys deposited under ss. 8.35 (4) (a), 11.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), 11.23 (2), 11.26 (1t) and (2t), and 11.38 (6), all moneys reverting to the state under s. 11.50 (8) and all gifts, bequests and devises received under s. 11.50 (13) constitute the Wisconsin election campaign fund, to be expended for the purposes of s. 11.50. All moneys in the fund not disbursed by the state treasurer shall continue to accumulate indefinitely.".

AB1-ASA1-CA2,77,12 9. Page 66, line 15: after that line insert:

AB1-ASA1-CA2,77,13 " Section 170j. 71.07 (6s) of the statutes is created to read:

AB1-ASA1-CA2,77,14 71.07 (6s) Campaign fund tax credit. (a) Definitions. In this subsection:

AB1-ASA1-CA2,77,15 1. "Claimant" means an individual who makes a designation.

AB1-ASA1-CA2,77,17 2. "Designation" means an amount that may be designated under s. 71.10 (3) (am).