Amendment SSA1-SB104

LRBs0154/1

JTK/RJM/MES:kg:jf

2001 - 2002 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 2001 SENATE BILL 104

July 26, 2001 - Offered by Committee onJudiciary, Consumer Affairs, and Campaign Finance Reform.

SB104-SSA1,2,15 An Act to repeal 11.01 (12s), 11.05 (3) (o), 11.26 (9) (c), 11.265, 11.31 (2m), 11.50 (2) (h), 11.50 (2) (i) and 11.50 (3); to renumber 11.05 (2r) (title), 11.24 (2), 11.50 (1) (a) 1. and 11.50 (1) (a) 2.; to renumber and amend 11.05 (1), 11.05 (2), 11.05 (2r), 11.12 (6) and 11.50 (9); to amend 5.02 (13), 5.05 (1) (e), 7.08 (2) (c) and (cm), 8.10 (3) (intro.), 8.15 (6) (intro.), 8.20 (4), 8.30 (2), 8.35 (4) (a) 1. a. and b., 8.35 (4) (c) and (d), 11.05 (3) (c), 11.05 (5), 11.05 (12) (b), 11.05 (13), 11.06 (1) (intro.), 11.06 (1) (e), 11.06 (2), 11.06 (4) (b), 11.06 (5), 11.06 (7m) (a), 11.06 (7m) (c), 11.06 (11) (c), 11.07 (1), 11.07 (5), 11.09 (3), 11.10 (1), 11.12 (2), 11.12 (4), 11.12 (5), 11.14 (3), 11.16 (2), 11.16 (5), 11.19 (title), 11.19 (1), 11.20 (1), 11.20 (7), 11.20 (9), 11.20 (10) (a), 11.20 (12), 11.21 (2), 11.21 (15), 11.21 (16), 11.22 (3), 11.23 (1), 11.23 (2), 11.26 (1) (intro.), 11.26 (2) (intro.), 11.26 (2) (a), 11.26 (4), 11.26 (8), 11.26 (9) (a) and (b), 11.26 (10), 11.26 (12m), 11.27 (1), 11.31 (1) (intro.), 11.31 (1) (a) to (d), 11.31 (1) (e) and (f), 11.31 (2), 11.31 (3), 11.38 (1) (a) 2., 11.38 (6), 11.38 (8) (b), 11.50 (2) (a), 11.50 (2) (b) 5., 11.50 (2) (c), 11.50 (2) (g), 11.50 (5), 11.50 (6), 11.50 (9) (title), 11.50 (11) (a), 11.50 (11) (e), 11.60 (4), 11.61 (1) (a), 12.05, 20.510 (1) (q), 25.42, 71.10 (3) (a) and 71.10 (3) (b); to repeal and recreate 11.05 (9) (title) and 11.50 (4); and to create 7.08 (2) (cs), 11.001 (2m), 11.01 (4m) and (11m), 11.05 (1) (b), 11.05 (2) (b), 11.05 (3) (m), 11.05 (3) (r), 11.06 (2m) (b) to (d), 11.065, 11.12 (2m), 11.12 (6) (c) and (d), 11.12 (8) and (9), 11.24 (1w), 11.24 (4), 11.26 (2) (ad) to (au), 11.26 (8m), 11.31 (1) (de), 11.31 (1m), 11.31 (3p), 11.31 (9), 11.50 (1) (a) 1. (intro.), 11.50 (1) (a) 2m., 11.50 (1) (am), 11.50 (1) (bm) and (cm), 11.50 (2) (j), 11.50 (2m), 11.50 (2s), 11.50 (2w), 11.50 (4m), 11.50 (9) (b), (ba) and (bb), 11.50 (14), 13.625 (3m), 20.855 (4) (ba) and 806.04 (11m) of the statutes; relating to: campaign financing, lobbying regulation, designations for the Wisconsin election campaign fund by individuals filing state income tax returns, staffing of the elections board, providing exemptions from emergency rule procedures, granting rule-making authority, and making appropriations.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB104-SSA1, s. 1 Section 1. 5.02 (13) of the statutes is amended to read:

SB104-SSA1,2,22 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).

SB104-SSA1, s. 2 Section 2. 5.05 (1) (e) of the statutes is amended to read:

SB104-SSA1,3,10 5.05 (1) (e) Delegate to its executive director the authority to issue a subpoena under par. (b), apply for a search warrant under par. (b), commence an action under par. (d), intervene in an action or proceeding under sub. (9), issue an order under s. 5.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a), exempt a municipality from the requirement to use voting machines or an electronic voting system under s. 5.40 (5m), approve an electronic data recording system for maintaining poll lists under s. 6.79, or authorize nonappointment of an individual who is nominated to serve as an election official under s. 7.30 (4) (e), or make a determination concerning the nature of an independent expenditure under s. 11.065 (3), subject to such limitations as the board deems appropriate.

SB104-SSA1, s. 3 Section 3. 7.08 (2) (c) and (cm) of the statutes are amended to read:

SB104-SSA1,3,22 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 who the board determines to be are eligible to receive payments from the Wisconsin election campaign fund. 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 (9) (b), (ba), or (bb) within 24 hours after any candidate qualifies to receive such a grant. Each 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.

SB104-SSA1,4,10 (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 who the board determines to be are 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 who the board determines to be are eligible to receive a grant under s. 11.50 (1) (a) 2. after the special election. The board shall electronically transmit a similar list of candidates who the board determines are eligible to receive a grant under s. 11.50 (9) (b), (ba), or (bb) within 24 hours after any candidate qualifies to receive such a grant. Each 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.

SB104-SSA1, s. 4 Section 4. 7.08 (2) (cs) of the statutes is created to read:

SB104-SSA1,4,14 7.08 (2) (cs) In each even-numbered year, certify to the state treasurer for the period beginning with the month following certification and ending with the month in which the next certification is made by the board:

SB104-SSA1,4,18 1. No later than July 1, the name of each political party that qualifies under s. 11.50 (1) (am) 1. 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 s. 11.50 (2s) (a).

SB104-SSA1,4,22 2. No later than December 15, the name of each political party that qualifies under s. 11.50 (1) (am) 2. as an eligible political party as of the date of the preceding general election and whose state chairperson has filed a written request to establish an account for the party under s. 11.50 (2s) (a).

SB104-SSA1, s. 5 Section 5. 8.10 (3) (intro.) of the statutes is amended to read:

SB104-SSA1,5,3 8.10 (3) (intro.) The certification of a qualified elector under s. 8.15 (4) (a) shall be appended to each nomination paper. The Except as otherwise required under s. 11.50 (4m) for a candidate who seeks a grant from the Wisconsin election campaign fund, the number of required signatures on nomination papers filed under this section is:

SB104-SSA1, s. 6 Section 6. 8.15 (6) (intro.) of the statutes is amended to read:

SB104-SSA1,5,7 8.15 (6) (intro.) The Except as otherwise required under s. 11.50 (4m) for a candidate who seeks a grant from the Wisconsin election campaign fund, the number of required signatures on nomination papers shall be as follows:

SB104-SSA1, s. 7 Section 7. 8.20 (4) of the statutes is amended to read:

SB104-SSA1,5,15 8.20 (4) The Except as otherwise required under s. 11.50 (4m) for a candidate who seeks a grant from the Wisconsin election campaign fund, the number of required signatures on nomination papers for independent candidates shall be the same as the number specified in s. 8.15 (6). For independent presidential electors intending to vote for the same candidates for president and vice president, the number of required signatures shall be not less than 2,000 nor more than 4,000 electors.

SB104-SSA1, s. 8 Section 8. 8.30 (2) of the statutes is amended to read:

SB104-SSA1,5,23 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).

SB104-SSA1, s. 9 Section 9. 8.35 (4) (a) 1. a. and b. of the statutes are amended to read:

SB104-SSA1,6,8 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

SB104-SSA1,6,14 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

SB104-SSA1, s. 10 Section 10. 8.35 (4) (c) and (d) of the statutes are amended to read:

SB104-SSA1,7,2 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 in the manner provided under s. 11.21 (16), if applicable, or otherwise 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.

SB104-SSA1,7,6 (d) The newly appointed candidate shall file his or her report in the manner provided under s. 11.21 (16), if applicable, or otherwise 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.

SB104-SSA1, s. 11 Section 11. 11.001 (2m) of the statutes is created to read:

SB104-SSA1,7,14 11.001 (2m) The legislature finds a compelling justification for minimal disclosure of all communications made near the time of an election that include the name or likeness of a candidate for state office to allow increased funding for such candidates based upon independent expenditures. This minimal disclosure burden is outweighed by the need to establish an effective funding mechanism for candidates for state office to effectively respond to independent expenditures that may impact an election for those offices.

SB104-SSA1, s. 12 Section 12. 11.01 (4m) and (11m) of the statutes are created to read:

SB104-SSA1,7,21 11.01 (4m) "Communication" means a message transmitted by means of a printed advertisement, billboard, handbill, sample ballot, radio or television advertisement, telephone call, 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.

SB104-SSA1,8,8 (11m) "Independent expenditure" means an expenditure, other than a disbursement, made for the purpose of making a communication either that is made during the 30-day period preceding any spring primary for the office of justice or state superintendent and the date of the spring election, or if no primary is held, during the 60-day period preceding the spring election, or that is made during the 60-day period preceding any general or special election for a partisan state office other than the office of district attorney; that contains a reference to a clearly identified candidate for such an office at that election; that is made without cooperation or consultation with such a candidate, or any authorized committee or agent of such a candidate; and that is not made in concert with, or at the request or suggestion of, such a candidate, or any authorized committee or agent of such a candidate.

SB104-SSA1, s. 13 Section 13. 11.01 (12s) of the statutes is repealed.

SB104-SSA1, s. 14 Section 14. 11.05 (1) of the statutes is renumbered 11.05 (1) (a) and amended to read:

SB104-SSA1,8,19 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).

SB104-SSA1, s. 15 Section 15. 11.05 (1) (b) of the statutes is created to read:

SB104-SSA1,8,24 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).

SB104-SSA1, s. 16 Section 16. 11.05 (2) of the statutes is renumbered 11.05 (2) (a) and amended to read:

SB104-SSA1,9,10 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.

SB104-SSA1, s. 17 Section 17. 11.05 (2) (b) of the statutes is created to read:

SB104-SSA1,9,15 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).

SB104-SSA1, s. 18 Section 18. 11.05 (2r) (title) of the statutes is renumbered 11.06 (2m) (title).

SB104-SSA1, s. 19 Section 19. 11.05 (2r) of the statutes is renumbered 11.06 (2m) (a) and amended to read:

SB104-SSA1,9,25 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 (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).

SB104-SSA1, s. 20 Section 20. 11.05 (3) (c) of the statutes is amended to read:

SB104-SSA1,10,19 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.

SB104-SSA1, s. 21 Section 21. 11.05 (3) (m) of the statutes is created to read:

SB104-SSA1,10,23 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.

SB104-SSA1, s. 22 Section 22. 11.05 (3) (o) of the statutes is repealed.

SB104-SSA1, s. 23 Section 23. 11.05 (3) (r) of the statutes is created to read:

SB104-SSA1,11,3 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.

SB104-SSA1, s. 24 Section 24. 11.05 (5) of the statutes is amended to read:

SB104-SSA1,11,19 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.

SB104-SSA1, s. 25 Section 25. 11.05 (9) (title) of the statutes is repealed and recreated to read:

SB104-SSA1,11,21 11.05 (9) (title) Deposit of contributions; conduits.

SB104-SSA1, s. 26 Section 26. 11.05 (12) (b) of the statutes is amended to read:

SB104-SSA1,12,6 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.

SB104-SSA1, s. 27 Section 27. 11.05 (13) of the statutes is amended to read:

SB104-SSA1,12,14 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.

SB104-SSA1, s. 28 Section 28. 11.06 (1) (intro.) of the statutes is amended to read:

SB104-SSA1,12,22 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (2m), (3) 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:

SB104-SSA1, s. 29 Section 29. 11.06 (1) (e) of the statutes is amended to read: