AB1-ASA1-CA2,60,112
11.50
(2) (h) An eligible candidate who files an application under par. (a) may
3file a written withdrawal of the application. A withdrawal of an application may be
4filed with the board no later than the
7th 8th day
after before the day of the primary
5in which the person withdrawing the application is a candidate
; or
in the case of the
6spring election no later than the
7th 8th day
after before the date that the primary
7would be held, if required
; or in the case of a partisan special election for which no
8primary is held for any party nomination, no later than the 35th day before the
9election. If an application is withdrawn in accordance with this paragraph, the
10person withdrawing the application is no longer bound by the
statement affidavit 11filed under
par. (a) s. 11.31 (2m) (a) after the date of the withdrawal.
AB1-ASA1-CA2,60,2413
11.50
(2) (i) Notwithstanding par. (g), if an eligible candidate at the spring
14election or a special nonpartisan election who accepts a grant is opposed by one or
15more candidates in the election, or if an eligible candidate at the general election or
16a special partisan election who accepts a grant is opposed by one or more candidates
17in the election who receive at least 6% of the vote cast for all candidates for the same
18office on all ballots at the September primary or a special partisan primary if a
19primary was held, and in either case if any such opponent of the eligible candidate
20does not accept a grant under this section in whole or in part, the eligible candidate
21is not bound by the pledge made in his or her application to adhere to the contribution
22limitations prescribed in s. 11.26 and the disbursement limitation prescribed under
23s. 11.31
(2), unless each such opponent files an affidavit
of voluntary compliance 24under s. 11.31 (2m)
(b) and s. 11.31 (3p) does not apply to the candidate.
AB1-ASA1-CA2,61,12
111.50
(2) (j) If a candidate who applies for a grant has accepted, or the
2candidate's personal campaign committee has accepted, any contributions from
3committees other than political party committees during the campaign for the office
4that the candidate seeks, except as authorized in the candidate's statement under
5par. (a), the candidate, before accepting a grant whenever the full amount of the
6grant authorized under sub. (9) is available to the candidate, shall return the
7contributions or their monetary equivalent to the contributor, or, at the contributor's
8option, donate an amount equal to the contribution to the fund or to the common
9school fund or, if the full amount of the grant authorized under sub. (9) is not
10available to the candidate, shall return or donate sufficient contributions, if any, so
11that the contributions accepted do not exceed the amount authorized under sub. (2)
12(a).
AB1-ASA1-CA2,61,2114
11.50
(2m) Public information account. (a) Annually no later than September
151, the board may notify the state treasurer that an amount not exceeding 1% of the
16amount transferred to the fund in that year shall be placed in a public information
17account. The amount shall be drawn from the general account and from each
18political party account in proportion to each account's share of designations credited
19under s. 71.10 (3) (b) in that year. Moneys in the public information account shall
20be expended by the board for the purpose of providing public information concerning
21the purpose and effect of this section and s. 71.10 (3).
AB1-ASA1-CA2,61,2422
(b) The board shall provide the department of revenue with an easily
23understood description of the purpose and effect of this section and s. 71.10 (3) for
24use as required under s. 71.10 (3) (b).
AB1-ASA1-CA2,62,2
1(c) Any amount placed in the public information account under par. (a) that is
2not expended by the board in any year shall be retained in that account.
AB1-ASA1-CA2,62,84
11.50
(2s) Political party accounts. (a) The state chairperson of each eligible
5political party may, by written request to the board, provide for the establishment
6or discontinuance of an account within the fund for that political party. Each political
7party account consists of all moneys designated by individuals for deposit in that
8account under s. 71.10 (3) (am).
AB1-ASA1-CA2,62,149
(b) Within each political party account, 45% of the moneys designated for
10crediting to the account under s. 71.10 (3) (a) shall be retained by the board for use
11in making grants to eligible candidates of that party under sub. (4), and 55% of the
12moneys received shall be disbursed by the board to the eligible political party for use
13by the party in making contributions to eligible candidates of that party authorized
14under par. (f).
AB1-ASA1-CA2,62,2015
(c) Whenever an eligible candidate representing an eligible political party is
16eligible to receive a grant from the general account under sub. (4), the state treasurer
17shall first make payment of the grant from the political party account of that party,
18to the extent that sufficient moneys are available in that account to make payment
19of the grant. From the moneys available in a political party account, the state
20treasurer shall make payments of grants to candidates in the following sequence:
AB1-ASA1-CA2,62,2121
1. First, payment to candidates for legislative office.
AB1-ASA1-CA2,62,2222
2. Second, payment to candidates for the office of governor.
AB1-ASA1-CA2,62,2323
3. Third, payment to candidates for other state offices.
AB1-ASA1-CA2,63,224
(d) The board shall certify to the state treasurer that an eligible political party
25qualifies to receive a grant for an election under this subsection whenever at least
1one eligible candidate of that party qualifies to receive a grant under sub. (2) for that
2election.
AB1-ASA1-CA2,63,183
(e) Each eligible political party that receives a grant under this section shall
4maintain all grant moneys received in a segregated account. All moneys in that
5account and any earnings on those moneys may be used by that party only to make
6contributions under par. (f) to candidates of that party who qualify for a grant under
7sub. (2). Within that account, the party shall establish 3 subaccounts. The party
8shall deposit 45% of the grant moneys received in each year in a subaccount to be
9used to make contributions to candidates for the office of senator, 45% of the grant
10moneys received in each year in a subaccount to be used to make contributions to
11candidates for the office of representative to the assembly, and 10% of the grant
12moneys received in each year in a subaccount to be used to make contributions to
13candidates for other state offices. The political party shall maintain documentation
14for a period and in a form that is satisfactory to the board for the purpose of verifying
15that all moneys in the account are used for a purpose authorized under this section.
16The political party shall promptly transfer to the board the full amount of any
17unencumbered moneys in the account if the political party ceases to be an eligible
18political party.
AB1-ASA1-CA2,64,319
(f) 1. If a report filed under s. 11.12 (8) indicates that a candidate for a partisan
20state office has made disbursements exceeding the amount specified under s. 11.31
21(1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31
22(9), then an eligible political party may make contributions to each eligible opposing
23candidate from the applicable account established under par. (e) in the amounts
24determined by the party, but the total of such contributions to the candidate may not
25exceed the total amount by which the combined total of such disbursements exceeds
1the applicable amount specified under s. 11.31 (1) (a) to (d), (e), or (f), as adjusted
2under s. 11.31 (9), minus any contributions accepted by the candidate under s. 11.26
3(9m).
AB1-ASA1-CA2,64,214
2. If a report filed under s. 11.12 (6) (am) or (c) indicates that disbursements
5have been made or are proposed to be made against an eligible candidate for a
6partisan state office or in support of such a candidate's opponent, or that obligations
7have been incurred for such a purpose, and if the aggregate total of such
8disbursements, proposed disbursements, and obligations, less any disbursements
9made, or to be made, for the purpose of the payment of obligations that were
10previously reported, exceeds 5% of the amount specified under s. 11.31 (1) (a) to (d),
11(e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), then
12an eligible political party may make contributions to the candidate from the
13applicable account established under par. (e) in the amounts determined by the
14party, but the total of such contributions to the candidate may not exceed the total
15amount of the disbursements and obligations reported under s. 11.12 (6) (am) during
16the period beginning with the 60th day preceding the general, special, or spring
17election at which the candidate seeks office and ending with the 31st day preceding
18that election, together with the total amount of the proposed disbursements and
19obligations reported under s. 11.12 (6) (c), minus any contributions accepted by the
20candidate under s. 11.26 (9m) and the amount of any disbursements made, or to be
21made, for the purpose of the payment of obligations that were previously reported.
AB1-ASA1-CA2,64,2422
(g) If a political party for which an account is established under this subsection
23ceases to be an eligible political party, the board shall transfer the unencumbered
24balance of that account to the general account.
AB1-ASA1-CA2,65,7
111.50
(2w) General account. There is established a general account within
2the fund consisting of all moneys designated by individuals for deposit in that
3account under s. 71.10 (3) (am), all moneys transferred to that account under sub.
4(2s) (g), and all moneys exceeding the disbursement limitation under s. 11.31 (2), as
5adjusted under s. 11.31 (9), and all moneys deposited in the fund under subs. (2s) (e),
6(8), and (10m) and ss. 8.35 (4) (a), 11.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), 11.23 (2),
711.26 (1t) and (2t), and 11.38 (6).
AB1-ASA1-CA2,65,1210
11.50
(4) Apportionment of moneys in general account. (a) After transfer of
11the amount specified by the board under sub. (2m), the board shall apportion the
12remaining moneys in the general account in the manner specified in this subsection.
AB1-ASA1-CA2,65,1713
(b) Prior to payment of any grants at an election for a partisan state office, the
14board shall reserve an amount equal to the amount of the disbursement limitation
15under s. 11.31 (2), as adjusted under s. 11.31 (9) but without respect to any
16adjustment under s. 11.31 (3p), for the office sought by each eligible candidate other
17than a candidate who qualifies to receive a grant under sub. (2).
AB1-ASA1-CA2,65,2418
(bg) If a report filed under s. 11.12 (8) indicates that a candidate for a partisan
19state office has made disbursements exceeding the amount specified under s. 11.31
20(1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31
21(9), then upon application to the board by any eligible opposing candidate, other than
22a candidate who qualifies to receive a grant under sub. (2s) (c), the board shall make
23a supplemental grant from the reserve under par. (b) to the eligible opposing
24candidate in an amount equal to the lesser of the following:
AB1-ASA1-CA2,66,3
11. The amount of the disbursement limitation specified under s. 11.31 (1) (a)
2to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9),
3minus any contributions accepted by the candidate under s. 11.26 (9m) (a).
AB1-ASA1-CA2,66,74
2. The total amount by which the combined total of all such disbursements that
5exceeds the applicable amount specified under s. 11.31 (1) (a) to (d), (e), or (f), as
6adjusted under s. 11.31 (9), minus any contributions accepted by the candidate under
7s. 11.26 (9m) (a).
AB1-ASA1-CA2,66,188
(br) If a report filed under s. 11.12 (6) (am) or (c) indicates that disbursements
9have been made or are proposed to be made against an eligible candidate for a
10partisan state office, other than a candidate who qualifies to receive a grant under
11sub. (2s) (c), or in support of such a candidate's opponent, or that obligations have
12been incurred for such a purpose, and if the aggregate total of such disbursements,
13proposed disbursements, and obligations, less any disbursements made, or to be
14made, for the purpose of the payment of obligations that were previously reported,
15exceeds 5% of the amount specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office
16that the candidate seeks, as adjusted under s. 11.31 (9), then upon application to the
17board by the candidate, the board shall make a supplemental grant from the reserve
18under par. (b) to that candidate in an amount equal to the lesser of the following:
AB1-ASA1-CA2,66,2119
1. The amount of the disbursement limitation specified under s. 11.31 (1) (a)
20to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9),
21minus any contributions accepted by the candidate under s. 11.26 (9m) (b).
AB1-ASA1-CA2,67,222
2. The total amount by which the disbursements, proposed disbursements, and
23obligations exceed the applicable amount specified under s. 11.31 (1) (a) to (d), (e),
24or (f), as adjusted under s. 11.31 (9), minus any contributions accepted by the
1candidate under s. 11.26 (9m) (b), and the amount of any disbursements made, or to
2be made, for the purpose of the payment of obligations that were previously reported.
AB1-ASA1-CA2,67,43
(c) The state treasurer shall make payment of grants to eligible candidates at
4an election in the following sequence:
AB1-ASA1-CA2,67,85
1. First, the state treasurer shall make payment of grants to candidates for the
6office of justice in the amounts to which the candidates are entitled under sub. (9),
7and shall prorate those payments if insufficient moneys are available to make full
8payments to all candidates for the same office.
AB1-ASA1-CA2,67,109
2. Second, the state treasurer shall make payment of grants to candidates for
10partisan state offices other than candidates of eligible political parties.
AB1-ASA1-CA2,67,1611
3. Third, the state treasurer shall make payment of the amount required to
12equalize payments of grants to all candidates for the same office who have received
13grants from a political party account, and shall prorate the payments of candidates
14who receive lower amounts from a political party account if insufficient moneys are
15available to fully equalize the amounts of grants received by all candidates for the
16same office.
AB1-ASA1-CA2,67,2117
4. Fourth, the state treasurer shall make payment of the remaining amount,
18if any, required to enable all eligible candidates to receive the full amount of the grant
19to which they are entitled under sub. (9), and shall prorate those payments if
20insufficient moneys are available to make full payments to all candidates for the
21same office.
AB1-ASA1-CA2,67,2522
5. Fifth, the state treasurer shall make payment of grants to candidates for the
23office of state superintendent in the amounts to which the candidates are entitled
24under sub. (9), and shall prorate those payments if insufficient moneys are available
25to make full payments to all candidates for the same office.
AB1-ASA1-CA2, s. 1pr
1Section 1pr. 11.50 (5) of the statutes is renumbered 11.50 (5) (a) and amended
2to read:
AB1-ASA1-CA2,68,63
11.50
(5) (a) The state treasurer shall make the disbursements
of grants under
4sub. (4) to the campaign depository account of each eligible candidate
under subs. (3)
5and (4) and each eligible political party under sub. (2s) by the end of the 3rd business
6day following notice from the board under s. 7.08 (2) (c) or (cm).
AB1-ASA1-CA2,68,8
7(b) Eligible candidates for governor and lieutenant governor of the same
8political party may combine accounts if desired.
AB1-ASA1-CA2,68,1310
11.50
(6) Excess moneys. If the amounts which are to be apportioned to each
11eligible candidate
under subs. (3) and (4) are more than the amount which a
12candidate may accept under sub. (9),
or more than the amount which a candidate
13elects to accept under sub. (10), the excess moneys shall be retained in the fund.
AB1-ASA1-CA2,68,1915
11.50
(7) Utilization. (intro.) Grants distributed under this section
and
16contributions received from a political party under sub. (2s) (f) may be utilized only
17for deposit in a campaign depository account under s. 11.10. Grants
and
18contributions received from a political party under sub. (2s) (f) may be expended only
19for one or more of the following:
AB1-ASA1-CA2,69,421
11.50
(8) Lapsing grants. All grants disbursed
to eligible candidates under sub.
22(5) remain the property of the state until disbursed or encumbered for a lawful
23purpose. All grant moneys
received by an eligible candidate that are unspent and
24unencumbered by a candidate on the day after the election in which the candidate
25participates shall revert to the state. All deposits and refunds derived from grant
1moneys
that are received by
a an eligible candidate
that are received at any time
2after the day of the election in which the candidate participates shall revert to the
3state. All reversions shall be returned to the board by the candidate and shall be
4deposited in the fund.
AB1-ASA1-CA2, s. 1pz
5Section 1pz. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended
6to read:
AB1-ASA1-CA2,69,137
11.50
(9) (a)
The Except as provided in sub. (4) (bg) and (br), the total grant
8available to an eligible candidate
for the office of governor may not exceed that
9amount which, when added to all other contributions accepted from sources other
10than individuals
, and political party committees
and legislative campaign
11committees, is equal to
45% 35% of the disbursement level specified for the
applicable 12office
that the candidate seeks, as determined under s. 11.31
(1) and adjusted as
13provided under s. 11.31 (9).
AB1-ASA1-CA2,69,16
14(c) The board shall scrutinize accounts and reports and records kept under this
15chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are not
16exceeded and any violation is reported.
AB1-ASA1-CA2,69,18
17(d) No candidate or campaign treasurer may accept grants exceeding the
18amount authorized by this subsection.
AB1-ASA1-CA2,69,2520
11.50
(9) (b) Except as provided in sub. (4) (bg) and (br), the total grant available
21to an eligible candidate for any other state office may not exceed that amount which,
22when added to all other contributions accepted from sources other than individuals
23and political party committees, is equal to 40% of the disbursement level specified
24for the office that the candidate seeks, as determined under s. 11.31 (1) and adjusted
25under s. 11.31 (9).
AB1-ASA1-CA2,70,93
11.50
(10m) Return of grants. An individual who receives a grant prior to an
4election in which he or she is a candidate and who desires to return any portion of
5the grant shall return that portion no later than the 2nd Tuesday in October
6preceding a general election, the 4th Tuesday preceding a spring election or the 3rd
7Tuesday preceding a special election. A candidate who returns all or any portion of
8a grant under this subsection remains bound by the candidate's
statement affidavit 9filed under
s. 11.31 (2m) (a) and the candidate's statement filed under sub. (2) (a).
AB1-ASA1-CA2,70,1411
11.50
(11) (e) No candidate may expend, authorize the expenditure of or incur
12any obligation to expend any grant if he or she violates the pledge
in the affidavit 13required under sub. (2) (a) as a precondition to receipt of a grant
, except as authorized
14in sub. (2) (h) or (i).
AB1-ASA1-CA2,70,1716
11.50
(14) Certifications to secretary of revenue. (a) No later than July 1
17of each year, the board shall certify to the secretary of revenue:
AB1-ASA1-CA2,70,2018
1. The name of each political party that qualifies under sub. (1) (am) 2. as an
19eligible political party as of the preceding June 1 and whose state chairperson has
20filed a request to establish an account for the party under sub. (2s) (a).
AB1-ASA1-CA2,70,2221
2. The name of each political party that qualifies under sub. (1) (am) 1. as an
22eligible political party as of the date of the preceding general election.
AB1-ASA1-CA2,70,2423
(b) In each certification under this subsection, the board shall specify the
24expiration date of the certification.
AB1-ASA1-CA2,71,6
111.60
(3r) Notwithstanding sub. (1), any committee who violates s. 11.12 (6)
2(am) or (c) may be required to forfeit not more than $500 for each day of continued
3violation. If an amount of a disbursement or obligation reported under s. 11.12 (6)
4(am) or (c) varies from the actual amount of the disbursement or obligation by greater
5than 5%, the committee filing the report shall also be required to forfeit the total
6amount of the actual disbursement or obligation.
AB1-ASA1-CA2,71,248
11.60
(4) Actions under this section arising out of an election for state office or
9a statewide referendum may be brought by the board or by the district attorney of
10the county where the violation is alleged to have occurred, except as specified in s.
1111.38. Actions under this section arising out of an election for local office or local
12referendum may be brought by the district attorney of the county where the violation
13is alleged to have occurred. Actions under this section arising out of an election for
14county office or a county referendum may be brought by the county board of election
15commissioners of the county wherein the violation is alleged to have occurred.
In
16addition, whenever a candidate or personal campaign committee or agent of a
17candidate is alleged to have violated this chapter, action may be brought by the
18district attorney of any county any part of which is contained within the jurisdiction
19or district in which the candidate seeks election. If a violation concerns a district
20attorney or circuit judge or candidate for such offices, the action shall be brought by
21the attorney general. If a violation concerns the attorney general or a candidate for
22such office, the governor may appoint special counsel under s. 14.11 (2) to bring suit
23in behalf of the state. The counsel shall be independent of the attorney general and
24need not be a state employee at the time of appointment.".
AB1-ASA1-CA2,72,3
2"
Section 2d. 11.61 (1) (a) of the statutes, as affected by 2001 Wisconsin Act ....
3(this act), is amended to read:
AB1-ASA1-CA2,72,54
11.61
(1) (a) Whoever intentionally violates s. 11.05 (1), (2),
or (2g)
or (2r), 11.07
5(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-CA2,72,7
7"
Section 23m. 19.42 (3m), (4g) and (4r) of the statutes are created to read:
AB1-ASA1-CA2,72,98
19.42
(3m) "Candidate," except as otherwise provided, has the meaning given
9in s. 11.01 (1).
AB1-ASA1-CA2,72,11
10(4g) "Clearly identified," when used in reference to a communication
11containing a reference to a person, means one of the following:
AB1-ASA1-CA2,72,1212
(a) The person's name appears.
AB1-ASA1-CA2,72,1313
(b) A photograph or drawing of the person appears.
AB1-ASA1-CA2,72,1414
(c) The identity of the person is apparent by unambiguous reference.
AB1-ASA1-CA2,72,15
15(4r) "Communication" has the meaning given in s. 11.01 (4m).".
AB1-ASA1-CA2,73,318
19.45
(13) No state public official holding an elective office may, directly or by
19means of an agent, give, or offer or promise to give, or withhold, or offer or promise
20to withhold, his or her vote or influence, or promise to take or refrain from taking
21official action with respect to any proposed or pending matter in consideration of, or
22upon condition that, any other person make or refrain from making a political
23contribution, or provide or refrain from providing any service or other thing of value,
24to or for the benefit of a candidate, a political party, any other person who is subject
1to a registration requirement under s. 11.05, or any person making a communication
2that contains a reference to a clearly identified state public official holding an
3elective office or to a candidate for state public office.
AB1-ASA1-CA2,73,95
19.49
(1m) No complaint alleging a violation of s. 19.45 (13) may be filed during
6the period beginning 120 days before a general or spring election, or during the
7period commencing on the date of the order of a special election under s. 8.50, and
8ending on the date of that election, against a candidate who files a declaration of
9candidacy to have his or her name appear on the ballot at that election.
AB1-ASA1-CA2, s. 25g
10Section 25g. 19.49 (5) of the statutes is renumbered 19.49 (5) (a) and amended
11to read:
AB1-ASA1-CA2,73,1412
19.49
(5) (a)
No Except as provided in par. (b), no action may be taken on any
13complaint
which that is filed later than 3 years after a violation of this subchapter
14or subch. III of ch. 13 is alleged to have occurred.
AB1-ASA1-CA2,73,1816
19.49
(5) (b) The period of limitation under par. (a) is tolled for a complaint
17alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such
18a complaint may not be filed under s. 19.49 (1m) or 19.59 (8) (cm).