SB104-SSA1,45,156 11.50 (2) (j) If a candidate who desires to apply for a grant has accepted, or the
7candidate's personal campaign committee has accepted, a contribution from a
8committee other than a political party committee during the campaign for the office
9that the candidate seeks, the candidate shall, before filing an application to receive
10a grant, return the contribution or its monetary equivalent to the contributor, or, at
11the contributor's option, donate an amount equal to the contribution to the fund or
12to the common school fund. If the board later determines that the candidate is
13ineligible to receive a grant, the candidate may then accept contributions from
14committees other than political party committees after the date of that
15determination.
SB104-SSA1, s. 107 16Section 107. 11.50 (2m) of the statutes is created to read:
SB104-SSA1,45,2117 11.50 (2m) Public Information. (a) Annually, no later than September 1, the
18board may notify the state treasurer that an amount not exceeding 5% of the amount
19transferred to the fund in that year shall be placed in a public information account.
20Moneys in this account shall be expended by the board for the purpose of providing
21public information concerning the purpose and effect of this section and s. 71.10 (3).
SB104-SSA1,45,2422 (b) As part of the public information program under par. (a), the board shall
23prepare an easily understood description of the purpose and effect of this section and
24s. 71.10 (3).
SB104-SSA1,46,2
1(c) Any amount placed in the public information account that is not expended
2by the board in any year shall be retained in that account.
SB104-SSA1, s. 108 3Section 108. 11.50 (2s) of the statutes is created to read:
SB104-SSA1,46,64 11.50 (2s) Political party accounts. (a) There is established a political party
5account for each eligible political party. Each political party account consists of all
6moneys designated by individuals for deposit in that account under s. 71.10 (3) (a).
SB104-SSA1,46,127 (b) From the account of each eligible political party, the board shall apportion
8moneys to eligible candidates representing that party who qualify to receive grants.
9Whenever an eligible candidate representing an eligible political party receives a
10grant, the state treasurer shall first make payment of the grant from the political
11party account of that party, to the extent that sufficient moneys are available in that
12account to make payment of the grant.
SB104-SSA1,46,1513 (c) If a political party for which an account is established under this subsection
14ceases to be an eligible political party, the board shall transfer the unencumbered
15balance of that account to the general account.
SB104-SSA1, s. 109 16Section 109. 11.50 (2w) of the statutes is created to read:
SB104-SSA1,46,1917 11.50 (2w) General account. There is established a general account within
18the fund consisting of all moneys designated by individuals for deposit in that
19account under s. 71.10 (3) (a).
SB104-SSA1, s. 110 20Section 110. 11.50 (3) of the statutes is repealed.
SB104-SSA1, s. 111 21Section 111. 11.50 (4) of the statutes is repealed and recreated to read:
SB104-SSA1,47,522 11.50 (4) Payment of grant amounts. The state treasurer shall make payment
23of each grant to an eligible candidate from the political party account of that
24candidate's political party, if any, if there are sufficient moneys in that account to
25make full payment of the grant, and then from the general account. If there are

1insufficient moneys in the general account to make full payment of a grant, the state
2treasurer shall supplement the general account from the appropriation under s.
320.855 (4) (ba) in an amount sufficient to make full payment of the grant. Except as
4provided in subs. (4m) and (10), the amount of each grant is the amount specified in
5sub. (9).
SB104-SSA1, s. 112 6Section 112. 11.50 (4m) of the statutes is created to read:
SB104-SSA1,47,167 11.50 (4m) Grants for primary campaigns. If an eligible candidate who qualifies
8to receive a grant in a spring, general, or special election was opposed in the spring
9or September primary, or in a special primary, by a candidate who qualified to have
10his or her name appear on the primary ballot and the eligible candidate won
11nomination in that primary, the board shall award to that candidate the primary
12grant specified in sub. (9) (a) at the same time that grants are distributed under that
13paragraph for the spring, general, or special election, provided that the candidate
14has filed with the board, no later than the time specified in s. 8.10 (2) (a), 8.15 (1),
158.20 (8) (a), or 8.50 (3) (a) nomination papers containing at least the following number
16of valid signatures of electors for the office that the candidate seeks:
SB104-SSA1,47,1717 (a) For candidates for statewide offices, not less than 4,000 electors.
SB104-SSA1,47,1818 (b) For candidates for state senator, not less than 800 electors.
SB104-SSA1,47,1919 (c) For candidates for representative to the assembly, not less than 400 electors.
SB104-SSA1, s. 113 20Section 113. 11.50 (5) of the statutes is amended to read:
SB104-SSA1,48,521 11.50 (5) Time of disbursement. The state treasurer shall make the
22disbursements of grants under sub. (9) (a) to the campaign depository account of each
23eligible candidate under subs. (3) and (4) by the end of the 3rd business day following
24notice from the board under s. 7.08 (2) (c) or (cm). If an eligible candidate notifies the
25state treasurer of the information required to make electronic transfers to the

1candidate's campaign depository account, the state treasurer shall transfer to the
2candidate any supplemental grants under sub. (9) (b), (ba), or (bb) for which the
3candidate qualifies immediately following notice from the board under s. 7.08 (2) (c)
4or (cm).
Eligible candidates for governor and lieutenant governor of the same
5political party may combine accounts if desired.
SB104-SSA1, s. 114 6Section 114. 11.50 (6) of the statutes is amended to read:
SB104-SSA1,48,107 11.50 (6) Excess moneys. If the amounts which are to be apportioned to each
8eligible candidate under subs. (3) and (4) are more than the amount which a
9candidate may accept under sub. (9), or more than the amount which a candidate
10elects to accept under sub. (10), the excess moneys shall be retained in the fund.
SB104-SSA1, s. 115 11Section 115. 11.50 (9) (title) of the statutes is amended to read:
SB104-SSA1,48,1212 11.50 (9) (title) Limitation on Amount of grants.
SB104-SSA1, s. 116 13Section 116. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended
14to read:
SB104-SSA1,49,1215 11.50 (9) (a) The Except as provided in this paragraph and pars. (b), (ba), and
16(bb) the
total grant available to an eligible candidate may not exceed an amount
17equal to the lesser of 45% of the disbursement level specified for the office that the
18candidate seeks, as determined under s. 11.31 (1) and adjusted under s. 11.31 (9) but
19without respect to any adjustment under s. 11.31 (1m) or
that amount which, when
20added to all other contributions accepted from sources other than individuals,
21political party committees and legislative campaign committees
by the candidate, is
22equal to 45% the disbursement level specified for the applicable office that the
23candidate seeks, as determined
under s. 11.31 (1) and adjusted as provided under s.
2411.31 (9) but without respect to any adjustment under s. 11.31 (1m). Except as
25provided in pars. (b), (ba), and (bb), the total grant available to an eligible candidate

1who qualifies for a grant for primary campaign expenses under sub. (4m) may not
2exceed an amount equal to the lesser of 55% of the disbursement level specified for
3the office that the candidate seeks, as determined under s. 11.31 (1) and adjusted
4under s. 11.31 (9), but without respect to any adjustment under s. 11.31 (1m), or that
5amount which, when added to all other contributions accepted by the candidate, is
6equal to the disbursement level specified for the office that the candidate seeks, as
7determined under s. 11.31 (1) and adjusted under s. 11.31 (9) but without respect to
8any adjustment under s. 11.31 (1m)
. The board shall scrutinize accounts and reports
9and records kept under this chapter to assure that applicable limitations under ss.
1011.26 (9) and 11.31 are not exceeded and any violation is reported. No candidate or
11campaign treasurer may accept grants exceeding the amount authorized by this
12subsection.
SB104-SSA1, s. 117 13Section 117. 11.50 (9) (b), (ba) and (bb) of the statutes are created to read:
SB104-SSA1,50,314 11.50 (9) (b) If an eligible candidate at a primary or election, or both, who
15accepts a grant is opposed by one or more candidates whose names are certified under
16s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that primary or election, and
17if a committee identified under s. 11.05 (3) (c) makes any disbursement for the
18purpose of opposing the election of the eligible candidate who accepts a grant or for
19the purpose of supporting a certified opponent of that candidate without cooperation
20or consultation with any certified opposing candidate or such a candidate's agent or
21authorized committee, and not in concert with, or at the request or suggestion of, any
22certified opposing candidate's agent or authorized committee, then the board shall
23make an additional grant to the eligible candidate who accepts a grant in an amount
24equal to the total amount or value of disbursements made for the purpose of
25supporting the election of the certified opposing candidate or for the purpose of

1opposing the election of the eligible candidate who accepts the grant, exceeding 10%
2of the disbursement limitation for the office that the eligible candidate seeks as
3reported by committees under s. 11.12 (6) (c).
SB104-SSA1,50,114 (ba) If an eligible candidate at a primary or election, or both, who accepts a
5grant is opposed by one or more candidates who are required, or whose personal
6campaign committees are required, to file a report under s. 11.12 (8), then the board
7shall make an additional grant to the eligible candidate who accepts a grant in an
8amount equal to the total amount or value of disbursements made by the opposing
9candidate or candidates exceeding the amount specified under s. 11.31 (1) (a) to (de),
10(e), or (f) for the office which the candidate seeks, as reported by the opposing
11candidate under s. 11.12 (8).
SB104-SSA1,50,1812 (bb) When the sum of the aggregate independent expenditures made against
13an eligible candidate, and the independent expenditures made for that candidate's
14opponent, as reported under sub. (1), exceed 20% of the amount determined under
15par. (a) for the office that the eligible candidate seeks in the primary and election for
16which the expenditures are made, the board shall make an additional grant to the
17eligible candidate. The amount of the additional grant shall equal the total of such
18independent expenditures made.
SB104-SSA1, s. 118 19Section 118. 11.50 (11) (a) of the statutes is amended to read:
SB104-SSA1,50,2120 11.50 (11) (a) No Except as authorized for candidates who are awarded grants
21under sub. (4m), no
grant may be utilized in any primary.
SB104-SSA1, s. 119 22Section 119. 11.50 (11) (e) of the statutes is amended to read:
SB104-SSA1,51,223 11.50 (11) (e) No candidate may expend, authorize the expenditure of or incur
24any obligation to expend any grant if he or she violates the pledge required under

1sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h)
2or (i)
.
SB104-SSA1, s. 120 3Section 120. 11.50 (14) of the statutes is created to read:
SB104-SSA1,51,54 11.50 (14) Certifications to secretary of revenue. (a) In each
5even-numbered year, the board shall certify to the secretary of revenue:
SB104-SSA1,51,96 1. No later than July 1, the name of each political party that qualifies under
7sub. (1) (am) 1. as an eligible political party as of the preceding June 1 and whose
8state chairperson has filed a request to establish an account for the party under sub.
9(2s) (a).
SB104-SSA1,51,1210 2. No later than December 15, the name of each political party that qualifies
11under sub. (1) (am) 2. as an eligible political party as of the date of the preceding
12general election.
SB104-SSA1,51,1613 (b) As soon as possible after receiving a valid application from an eligible
14candidate under sub. (2) (a) and determining that the candidate is eligible to receive
15a grant, the board shall certify to the secretary of revenue the full name of that
16candidate as the name appears on the candidate's nomination papers.
SB104-SSA1,51,1817 (c) In each certification under this subsection, the board shall specify the
18expiration date of the certification.
SB104-SSA1, s. 121 19Section 121. 11.60 (4) of the statutes is amended to read:
SB104-SSA1,52,1120 11.60 (4) Actions under this section arising out of an election for state office or
21a statewide referendum may be brought by the board or by the district attorney of
22the county where the violation is alleged to have occurred, except as specified in s.
2311.38. Actions under this section arising out of an election for local office or local
24referendum may be brought by the district attorney of the county where the violation
25is alleged to have occurred. Actions under this section arising out of an election for

1county office or a county referendum may be brought by the county board of election
2commissioners of the county wherein the violation is alleged to have occurred. In
3addition, whenever a candidate or personal campaign committee or agent of a
4candidate is alleged to have violated this chapter, action may be brought by the
5district attorney of any county any part of which is contained within the jurisdiction
6or district in which the candidate seeks election.
If a violation concerns a district
7attorney or circuit judge or candidate for such offices, the action shall be brought by
8the attorney general. If a violation concerns the attorney general or a candidate for
9such office, the governor may appoint special counsel under s. 14.11 (2) to bring suit
10in behalf of the state. The counsel shall be independent of the attorney general and
11need not be a state employe at the time of appointment.
SB104-SSA1, s. 122 12Section 122. 11.61 (1) (a) of the statutes is amended to read:
SB104-SSA1,52,1513 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), or (2g) or (2r), 11.07
14(1) or (5), 11.10 (1), 11.12 (5), 11.23 (6), or 11.24 (1) may be fined not more than $10,000
15or imprisoned for not more than 4 years and 6 months or both.
SB104-SSA1, s. 123 16Section 123. 12.05 of the statutes is amended to read:
SB104-SSA1,52,22 1712.05 False representations affecting elections. No person may
18knowingly make or publish, or cause to be made or published, a false representation
19pertaining to a candidate or referendum which that is intended or tends to affect
20voting at an election. This section does not apply to any information reported by a
21person making an independent expenditure, as defined in s. 11.001 (11m), under s.
2211.065 (2).
SB104-SSA1, s. 124 23Section 124. 13.625 (3m) of the statutes is created to read:
SB104-SSA1,53,324 13.625 (3m) No elective state official and no personal campaign committee of
25an elective state official may solicit a lobbyist or principal to arrange for another

1person to make a campaign contribution to that official or personal campaign
2committee or to another elective state official or the personal campaign committee
3of that official.
SB104-SSA1, s. 125 4Section 125. 20.510 (1) (q) of the statutes is amended to read:
SB104-SSA1,53,95 20.510 (1) (q) Wisconsin election campaign fund. As a continuing
6appropriation, from the Wisconsin election campaign fund, the moneys determined
7under s. 11.50 to provide for payments to eligible candidates whose names are
8certified under s. 7.08 (2) (c) and (cm) and to provide for public information as
9authorized under s. 11.50 (2m)
.
SB104-SSA1, s. 126 10Section 126. 20.855 (4) (ba) of the statutes is created to read:
SB104-SSA1,53,1511 20.855 (4) (ba) Wisconsin election campaign fund supplement. A sum sufficient
12equal to the amounts required to make full payment of grants which candidates
13qualify to receive from the Wisconsin election campaign fund, to be transferred from
14the general fund to the Wisconsin election campaign fund no later than the time
15required to make payments of grants under s. 11.50 (5).
SB104-SSA1, s. 127 16Section 127. 25.42 of the statutes is amended to read:
SB104-SSA1,53,23 1725.42 Wisconsin election campaign fund. All moneys appropriated under
18s. 20.855 (4) (b) and (ba) together with all moneys deposited under ss. 8.35 (4) (a),
1911.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), 11.23 (2), and 11.38 (6), all moneys
reverting
20to the state under s. 11.50 (8) and all gifts, bequests and devises received under s.
2111.50 (13) constitute the Wisconsin election campaign fund, to be expended for the
22purposes of s. 11.50. All moneys in the fund not disbursed by the state treasurer shall
23continue to accumulate indefinitely.
SB104-SSA1, s. 128 24Section 128. 71.10 (3) (a) of the statutes is amended to read:
SB104-SSA1,54,12
171.10 (3) (a) Every individual filing an income tax return who has a tax liability
2or is entitled to a tax refund may designate $1 $5 for transfer to the Wisconsin
3election campaign fund for the use of eligible candidates under s. 11.50. If the
4individuals filing a joint return have a tax liability or are entitled to a tax refund,
5each individual may make a designation of $1 $5 under this subsection. Each
6individual making a designation shall indicate whether the amount designated by
7that individual shall be placed in the general account for the use of all eligible
8candidates for state office, or in the account of an eligible political party whose name
9is certified to the secretary of revenue under s. 11.50 (14). If an individual does not
10indicate that the amount of his or her designation shall be placed in the account of
11a particular eligible political party, that amount shall be placed in the general
12account.
SB104-SSA1, s. 129 13Section 129 . 71.10 (3) (b) of the statutes is amended to read:
SB104-SSA1,55,214 71.10 (3) (b) The secretary of revenue shall provide a place for those
15designations under par. (a) on the face of the individual income tax return and shall
16provide next to that place a statement that a designation will not increase tax
17liability. Annually on August 15 The secretary shall also provide and highlight a
18place in the instructions that accompany the return for any information submitted
19to the secretary by the elections board under s. 11.50 (2m) without cost to the board.
20No later than the 15th day of each month
, the secretary of revenue shall certify to
21the elections board, the department of administration and the state treasurer under
22s. 11.50
the total amount of designations made on returns processed by the
23department of revenue
during the preceding fiscal year month and the amount of
24designations made during that month for the general account and for the account of
25each eligible political party
. If any individual attempts to place any condition or

1restriction upon a designation not authorized under par. (a), that individual is
2deemed not to have made a designation on his or her tax return.
SB104-SSA1, s. 130 3Section 130. 806.04 (11m) of the statutes is created to read:
SB104-SSA1,55,84 806.04 (11m) Campaign finance registration. Any person who proposes to
5publish, disseminate, or broadcast, or causes to be published, disseminated, or
6broadcast, any communication may commence a proceeding under this section to
7determine the application to that person of a registration requirement under s. 11.05
8(1), (2), or (2g).
SB104-SSA1, s. 131 9Section 131. Nonstatutory provisions.
SB104-SSA1,55,1010 (1) Nonseverability.
SB104-SSA1,55,1611 (a) Notwithstanding section 990.01 (11) of the statutes, if a court finds that all
12or any portion of section 11.01 (4m) or (11m), 11.065, or 11.50 (9) (bb) of the statutes,
13as created by this act, or section 11.27 (1) or 12.05 of the statutes, as affected by this
14act, is unconstitutional, then sections 11.01 (4m) and (11m), 11.065, and 11.50 (9) (bb)
15of the statutes, as created by this act, and the treatment of sections 11.27 (1) and
1612.05 of the statutes by this act are void in their entirety.
SB104-SSA1,55,1917 (b) Notwithstanding section 990.001 (11) of the statutes, if a court finds that
18any part of section 11.12 (8) or 11.50 (9) (ba) of the statutes, as created by this act,
19is unconstitutional, this entire act is void.
SB104-SSA1, s. 132 20Section 132. Appropriation changes; elections board.
SB104-SSA1,56,221 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation
22to the elections board under section 20.510 (1) (a) of the statutes, as affected by the
23acts of 2001, the dollar amount is increased by $76,100 for fiscal year 2001-02 and
24the dollar amount is increased by $85,100 for fiscal year 2002-03 to increase the
25authorized FTE positions for the elections board by 1.0 GPR campaign finance

1investigator position and 1.0 GPR auditor position and to fund supporting expenses
2for these positions.
SB104-SSA1, s. 133 3Section 133. Initial applicability.
SB104-SSA1,56,54 (1) Except as provided in subsections (2) and (3), this act first applies to
5elections held on the day after publication.
SB104-SSA1,56,106 (2) The treatment of section 71.10 (3) (a) of the statutes first applies to claims
7filed for taxable years beginning on January 1 of the year in which this subsection
8takes effect, except that if this subsection takes effect after July 31 the treatment
9first applies to claims filed for taxable years beginning on January 1 of the year
10following the year in which this subsection takes effect.
SB104-SSA1,56,1211 (3) The treatment of section 11.31 (9) of the statutes first applies to adjustments
12for the biennium beginning on January 1, 2004.
Loading...
Loading...