Amendment SSA1-SB104

SB104-SSA1,45,15 11.50 (2) (j) If a candidate who desires to apply for a grant has accepted, or the candidate's personal campaign committee has accepted, a contribution from a committee other than a political party committee during the campaign for the office that the candidate seeks, the candidate shall, before filing an application to receive a grant, return the contribution or its monetary equivalent to the contributor, or, at the contributor's option, donate an amount equal to the contribution to the fund or to the common school fund. If the board later determines that the candidate is ineligible to receive a grant, the candidate may then accept contributions from committees other than political party committees after the date of that determination.

SB104-SSA1, s. 107 Section 107. 11.50 (2m) of the statutes is created to read:

SB104-SSA1,45,21 11.50 (2m) Public Information. (a) Annually, no later than September 1, the board may notify the state treasurer that an amount not exceeding 5% of the amount transferred to the fund in that year shall be placed in a public information account. Moneys in this account shall be expended by the board for the purpose of providing public information concerning the purpose and effect of this section and s. 71.10 (3).

SB104-SSA1,45,24 (b) As part of the public information program under par. (a), the board shall prepare an easily understood description of the purpose and effect of this section and s. 71.10 (3).

SB104-SSA1,46,2 (c) Any amount placed in the public information account that is not expended by the board in any year shall be retained in that account.

SB104-SSA1, s. 108 Section 108. 11.50 (2s) of the statutes is created to read:

SB104-SSA1,46,6 11.50 (2s) Political party accounts. (a) There is established a political party account for each eligible political party. Each political party account consists of all moneys designated by individuals for deposit in that account under s. 71.10 (3) (a).

SB104-SSA1,46,12 (b) From the account of each eligible political party, the board shall apportion moneys to eligible candidates representing that party who qualify to receive grants. Whenever an eligible candidate representing an eligible political party receives a grant, the state treasurer shall first make payment of the grant from the political party account of that party, to the extent that sufficient moneys are available in that account to make payment of the grant.

SB104-SSA1,46,15 (c) If a political party for which an account is established under this subsection ceases to be an eligible political party, the board shall transfer the unencumbered balance of that account to the general account.

SB104-SSA1, s. 109 Section 109. 11.50 (2w) of the statutes is created to read:

SB104-SSA1,46,19 11.50 (2w) General account. There is established a general account within the fund consisting of all moneys designated by individuals for deposit in that account under s. 71.10 (3) (a).

SB104-SSA1, s. 110 Section 110. 11.50 (3) of the statutes is repealed.

SB104-SSA1, s. 111 Section 111. 11.50 (4) of the statutes is repealed and recreated to read:

SB104-SSA1,47,5 11.50 (4) Payment of grant amounts. The state treasurer shall make payment of each grant to an eligible candidate from the political party account of that candidate's political party, if any, if there are sufficient moneys in that account to make full payment of the grant, and then from the general account. If there are insufficient moneys in the general account to make full payment of a grant, the state treasurer shall supplement the general account from the appropriation under s. 20.855 (4) (ba) in an amount sufficient to make full payment of the grant. Except as provided in subs. (4m) and (10), the amount of each grant is the amount specified in sub. (9).

SB104-SSA1, s. 112 Section 112. 11.50 (4m) of the statutes is created to read:

SB104-SSA1,47,16 11.50 (4m) Grants for primary campaigns. If an eligible candidate who qualifies to receive a grant in a spring, general, or special election was opposed in the spring or September primary, or in a special primary, by a candidate who qualified to have his or her name appear on the primary ballot and the eligible candidate won nomination in that primary, the board shall award to that candidate the primary grant specified in sub. (9) (a) at the same time that grants are distributed under that paragraph for the spring, general, or special election, provided that the candidate has filed with the board, no later than the time specified in s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a), or 8.50 (3) (a) nomination papers containing at least the following number of valid signatures of electors for the office that the candidate seeks:

SB104-SSA1,47,17 (a) For candidates for statewide offices, not less than 4,000 electors.

SB104-SSA1,47,18 (b) For candidates for state senator, not less than 800 electors.

SB104-SSA1,47,19 (c) For candidates for representative to the assembly, not less than 400 electors.

SB104-SSA1, s. 113 Section 113. 11.50 (5) of the statutes is amended to read:

SB104-SSA1,48,5 11.50 (5) Time of disbursement. The state treasurer shall make the disbursements of grants under sub. (9) (a) to the campaign depository account of each eligible candidate under subs. (3) and (4) by the end of the 3rd business day following notice from the board under s. 7.08 (2) (c) or (cm). If an eligible candidate notifies the state treasurer of the information required to make electronic transfers to the candidate's campaign depository account, the state treasurer shall transfer to the candidate any supplemental grants under sub. (9) (b), (ba), or (bb) for which the candidate qualifies immediately following notice from the board under s. 7.08 (2) (c) or (cm). Eligible candidates for governor and lieutenant governor of the same political party may combine accounts if desired.

SB104-SSA1, s. 114 Section 114. 11.50 (6) of the statutes is amended to read:

SB104-SSA1,48,10 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.

SB104-SSA1, s. 115 Section 115. 11.50 (9) (title) of the statutes is amended to read:

SB104-SSA1,48,12 11.50 (9) (title) Limitation on Amount of grants.

SB104-SSA1, s. 116 Section 116. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended to read:

SB104-SSA1,49,12 11.50 (9) (a) The Except as provided in this paragraph and pars. (b), (ba), and (bb) the total grant available to an eligible candidate may not exceed an amount equal to the lesser of 45% 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) but without respect to any adjustment under s. 11.31 (1m) or that amount which, when added to all other contributions accepted from sources other than individuals, political party committees and legislative campaign committees by the candidate, is equal to 45% 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) but without respect to any adjustment under s. 11.31 (1m). Except as provided in pars. (b), (ba), and (bb), the total grant available to an eligible candidate who qualifies for a grant for primary campaign expenses under sub. (4m) may not exceed an amount equal to the lesser of 55% 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), but without respect to any adjustment under s. 11.31 (1m), or that amount which, when added to all other contributions accepted by the candidate, is equal to 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) but without respect to any adjustment under s. 11.31 (1m). 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. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.

SB104-SSA1, s. 117 Section 117. 11.50 (9) (b), (ba) and (bb) of the statutes are created to read:

SB104-SSA1,50,3 11.50 (9) (b) If an eligible candidate at a primary or election, or both, who accepts a grant is opposed by one or more candidates whose names are certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that primary or election, and if a committee identified under s. 11.05 (3) (c) makes any disbursement for the purpose of opposing the election of the eligible candidate who accepts a grant or for the purpose of supporting a certified opponent of that candidate without cooperation or consultation with any certified opposing candidate or such a candidate's agent or authorized committee, and not in concert with, or at the request or suggestion of, any certified opposing candidate's agent or authorized committee, then the board shall make an additional grant to the eligible candidate who accepts a grant in an amount equal to the total amount or value of disbursements made for the purpose of supporting the election of the certified opposing candidate or for the purpose of opposing the election of the eligible candidate who accepts the grant, exceeding 10% of the disbursement limitation for the office that the eligible candidate seeks as reported by committees under s. 11.12 (6) (c).

SB104-SSA1,50,11 (ba) If an eligible candidate at a primary or election, or both, who accepts a grant is opposed by one or more candidates who are required, or whose personal campaign committees are required, to file a report under s. 11.12 (8), then the board shall make an additional grant to the eligible candidate who accepts a grant in an amount equal to the total amount or value of disbursements made by the opposing candidate or candidates exceeding the amount specified under s. 11.31 (1) (a) to (de), (e), or (f) for the office which the candidate seeks, as reported by the opposing candidate under s. 11.12 (8).

SB104-SSA1,50,18 (bb) When the sum of the aggregate independent expenditures made against an eligible candidate, and the independent expenditures made for that candidate's opponent, as reported under sub. (1), exceed 20% of the amount determined under par. (a) for the office that the eligible candidate seeks in the primary and election for which the expenditures are made, the board shall make an additional grant to the eligible candidate. The amount of the additional grant shall equal the total of such independent expenditures made.

SB104-SSA1, s. 118 Section 118. 11.50 (11) (a) of the statutes is amended to read:

SB104-SSA1,50,21 11.50 (11) (a) No Except as authorized for candidates who are awarded grants under sub. (4m), no grant may be utilized in any primary.

SB104-SSA1, s. 119 Section 119. 11.50 (11) (e) of the statutes is amended to read:

SB104-SSA1,51,2 11.50 (11) (e) No candidate may expend, authorize the expenditure of or incur any obligation to expend any grant if he or she violates the pledge required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h) or (i).

SB104-SSA1, s. 120 Section 120. 11.50 (14) of the statutes is created to read:

SB104-SSA1,51,5 11.50 (14) Certifications to secretary of revenue. (a) In each even-numbered year, the board shall certify to the secretary of revenue:

SB104-SSA1,51,9 1. No later than July 1, the name of each political party that qualifies under sub. (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 sub. (2s) (a).

SB104-SSA1,51,12 2. No later than December 15, the name of each political party that qualifies under sub. (1) (am) 2. as an eligible political party as of the date of the preceding general election.

SB104-SSA1,51,16 (b) As soon as possible after receiving a valid application from an eligible candidate under sub. (2) (a) and determining that the candidate is eligible to receive a grant, the board shall certify to the secretary of revenue the full name of that candidate as the name appears on the candidate's nomination papers.

SB104-SSA1,51,18 (c) In each certification under this subsection, the board shall specify the expiration date of the certification.

SB104-SSA1, s. 121 Section 121. 11.60 (4) of the statutes is amended to read:

SB104-SSA1,52,11 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 employe at the time of appointment.

SB104-SSA1, s. 122 Section 122. 11.61 (1) (a) of the statutes is amended to read:

SB104-SSA1,52,15 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) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.

SB104-SSA1, s. 123 Section 123. 12.05 of the statutes is amended to read:

SB104-SSA1,52,22 12.05 False representations affecting elections. No person may knowingly make or publish, or cause to be made or published, a false representation pertaining to a candidate or referendum which that is intended or tends to affect voting at an election. This section does not apply to any information reported by a person making an independent expenditure, as defined in s. 11.001 (11m), under s. 11.065 (2).

SB104-SSA1, s. 124 Section 124. 13.625 (3m) of the statutes is created to read:

SB104-SSA1,53,3 13.625 (3m) No elective state official and no personal campaign committee of an elective state official may solicit a lobbyist or principal to arrange for another person to make a campaign contribution to that official or personal campaign committee or to another elective state official or the personal campaign committee of that official.

SB104-SSA1, s. 125 Section 125. 20.510 (1) (q) of the statutes is amended to read:

SB104-SSA1,53,9 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).

SB104-SSA1, s. 126 Section 126. 20.855 (4) (ba) of the statutes is created to read:

SB104-SSA1,53,15 20.855 (4) (ba) Wisconsin election campaign fund supplement. A sum sufficient equal to the amounts required to make full payment of grants which candidates qualify to receive from the Wisconsin election campaign fund, to be transferred from the general fund to the Wisconsin election campaign fund no later than the time required to make payments of grants under s. 11.50 (5).

SB104-SSA1, s. 127 Section 127. 25.42 of the statutes is amended to read:

SB104-SSA1,53,23 25.42 Wisconsin election campaign fund. All moneys appropriated under s. 20.855 (4) (b) and (ba) 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), 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.

SB104-SSA1, s. 128 Section 128. 71.10 (3) (a) of the statutes is amended to read:

SB104-SSA1,54,12 71.10 (3) (a) Every individual filing an income tax return who has a tax liability or is entitled to a tax refund may designate $1 $5 for transfer to the Wisconsin election campaign fund for the use of eligible candidates under s. 11.50. If the individuals filing a joint return have a tax liability or are entitled to a tax refund, each individual may make a designation of $1 $5 under this subsection. Each individual making a designation shall indicate whether the amount designated by that individual shall be placed in the general account for the use of all eligible candidates for state office, or in the account of an eligible political party whose name is certified to the secretary of revenue under s. 11.50 (14). If an individual does not indicate that the amount of his or her designation shall be placed in the account of a particular eligible political party, that amount shall be placed in the general account.

SB104-SSA1, s. 129 Section 129 . 71.10 (3) (b) of the statutes is amended to read:

SB104-SSA1,55,2 71.10 (3) (b) The secretary of revenue shall provide a place for those designations under par. (a) on the face of the individual income tax return and shall provide next to that place a statement that a designation will not increase tax liability. Annually on August 15 The secretary shall also provide and highlight a place in the instructions that accompany the return for any information submitted to the secretary by the elections board under s. 11.50 (2m) without cost to the board. No later than the 15th day of each month, the secretary of revenue shall certify to the elections board, the department of administration and the state treasurer under s. 11.50 the total amount of designations made on returns processed by the department of revenue during the preceding fiscal year month and the amount of designations made during that month for the general account and for the account of each eligible political party. If any individual attempts to place any condition or restriction upon a designation not authorized under par. (a), that individual is deemed not to have made a designation on his or her tax return.

SB104-SSA1, s. 130 Section 130. 806.04 (11m) of the statutes is created to read:

SB104-SSA1,55,8 806.04 (11m) Campaign finance registration. Any person who proposes to publish, disseminate, or broadcast, or causes to be published, disseminated, or broadcast, any communication may commence a proceeding under this section to determine the application to that person of a registration requirement under s. 11.05 (1), (2), or (2g).

SB104-SSA1, s. 131 Section 131. Nonstatutory provisions.

SB104-SSA1,55,10 (1) Nonseverability.

SB104-SSA1,55,16 (a) Notwithstanding section 990.01 (11) of the statutes, if a court finds that all or any portion of section 11.01 (4m) or (11m), 11.065, or 11.50 (9) (bb) of the statutes, as created by this act, or section 11.27 (1) or 12.05 of the statutes, as affected by this act, is unconstitutional, then sections 11.01 (4m) and (11m), 11.065, and 11.50 (9) (bb) of the statutes, as created by this act, and the treatment of sections 11.27 (1) and 12.05 of the statutes by this act are void in their entirety.

SB104-SSA1,55,19 (b) Notwithstanding section 990.001 (11) of the statutes, if a court finds that any part of section 11.12 (8) or 11.50 (9) (ba) of the statutes, as created by this act, is unconstitutional, this entire act is void.

SB104-SSA1, s. 132 Section 132. Appropriation changes; elections board.

SB104-SSA1,56,2 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the elections board under section 20.510 (1) (a) of the statutes, as affected by the acts of 2001, the dollar amount is increased by $76,100 for fiscal year 2001-02 and the dollar amount is increased by $85,100 for fiscal year 2002-03 to increase the authorized FTE positions for the elections board by 1.0 GPR campaign finance investigator position and 1.0 GPR auditor position and to fund supporting expenses for these positions.

SB104-SSA1, s. 133 Section 133. Initial applicability.

SB104-SSA1,56,5 (1) Except as provided in subsections (2) and (3), this act first applies to elections held on the day after publication.

SB104-SSA1,56,10 (2) The treatment of section 71.10 (3) (a) of the statutes first applies to claims filed for taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31 the treatment first applies to claims filed for taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

SB104-SSA1,56,12 (3) The treatment of section 11.31 (9) of the statutes first applies to adjustments for the biennium beginning on January 1, 2004.

SB104-SSA1,56,13 (End)