LRBa1102/1
JTK&RJM:cs:jf
2001 - 2002 LEGISLATURE
SENATE AMENDMENT 4,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO 2001 SENATE BILL 104
January 29, 2002 - Offered by Senator Risser.
SB104-SSA1-SA4,1,11 At the locations indicated, amend the substitute amendment as follows:
SB104-SSA1-SA4,1,3 21. Page 2, line 23: delete the material beginning with that line and ending with
3page 5, line 15, and substitute:
SB104-SSA1-SA4,1,4 4" Section 1b. 5.02 (18) of the statutes is amended to read:
SB104-SSA1-SA4,1,95 5.02 (18) "September primary" means the primary held the 2nd Tuesday in
6September to nominate candidates to be voted for at the general election, and to
7determine which candidates for state offices other than district attorney the offices
8of governor, state senator, and representative to the assembly
may participate in the
9Wisconsin election campaign
receive grants from the clean elections fund.
SB104-SSA1-SA4, s. 1c 10Section 1c. 5.62 (1) (a) of the statutes is amended to read:
SB104-SSA1-SA4,2,2111 5.62 (1) (a) At September primaries, the following ballot shall be provided for
12the nomination of candidates of recognized political parties for national, state and

1county offices and independent candidates for state office the office of governor, state
2senator, and representative to the assembly
in each ward, in the same form as
3prescribed by the board under s. 7.08 (1) (a), except as authorized in s. 5.655. The
4ballots shall be made up of the several party tickets with each party entitled to
5participate in the primary under par. (b) or sub. (2) having its own ballot, except as
6authorized in s. 5.655. The independent candidates for state office other than district
7attorney
the offices of governor, state senator, and representative to the assembly
8shall have a separate ballot for all such candidates as under s. 5.64 (1) (e), except as
9authorized in s. 5.655. The ballots shall be secured together at the bottom. The party
10ballot of the party receiving the most votes for president or governor at the last
11general election shall be on top with the other parties arranged in descending order
12based on their vote for president or governor at the last general election. The ballots
13of parties qualifying under sub. (2) shall be placed after the parties qualifying under
14par. (b), in the same order in which the parties filed petitions with the board. Any
15ballot required under par. (b) 2. shall be placed next in order. The ballot listing the
16independent candidates shall be placed at the bottom. At polling places where voting
17machines are used, each party and the independent candidates shall be represented
18in one or more separate columns or rows on the ballot. At polling places where an
19electronic voting system is used other than an electronic voting machine, each party
20and the independent candidates may be represented in separate columns or rows on
21the ballot.
SB104-SSA1-SA4, s. 1d 22Section 1d. 5.62 (3) of the statutes is amended to read:
SB104-SSA1-SA4,3,823 5.62 (3) The board shall designate the official primary ballot arrangement for
24statewide offices and district attorney within each prosecutorial district by using the
25same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate

1column or row on the ballot, the candidates for office shall be listed together with the
2offices which they seek in the following order whenever these offices appear on the
3September primary ballot: governor, lieutenant governor, attorney general,
4secretary of state, state treasurer, U.S. senator, U.S. representative in congress,
5state senator, representative to the assembly, district attorney and the county offices.
6Below the names of the independent candidates for the offices of governor, state
7senator, and representative to the assembly
shall appear the party or principle of the
8candidates, if any, in 5 words or less, as shown on their nomination papers.
SB104-SSA1-SA4, s. 1e 9Section 1e. 5.62 (5) of the statutes is amended to read:
SB104-SSA1-SA4,3,1810 5.62 (5) At the September primary, an elector may vote for the candidates of
11only one party, or the elector may vote for any of the independent candidates for state
12office
the offices of governor, state senator, or representative to the assembly listed;
13but the elector may not vote for more than one candidate for a single office. A space
14shall be provided on the ballot for an elector to write in the name of his or her choice
15as a party candidate for any office, including a party candidate of a recognized
16political
party whose name appears on the ballot, column or row designated for
17independent candidates, as provided in sub. (1) (b) 2. or (2) (b), but no space shall be
18provided to write in the names of independent candidates.
SB104-SSA1-SA4, s. 1f 19Section 1f. 7.08 (2) (c) and (cm) of the statutes are amended to read:
SB104-SSA1-SA4,4,320 7.08 (2) (c) As soon as possible after the canvass of the spring and September
21primary votes vote, but no later than the first Tuesday in March and the 4th Tuesday
22in September, transmit to the state treasurer a certified list of all eligible candidates
23for state office who have filed applications under s. 11.50 (2) 11.51 (7) and whom the
24board determines to be eligible to receive payments grants from the Wisconsin
25election campaign
clean elections fund. The list shall contain each candidate's name,

1the mailing address indicated upon the candidate's registration form, the office for
2which the individual is a candidate and the party or principle which he or she
3represents, if any.
SB104-SSA1-SA4,4,144 (cm) As soon as possible after the canvass of a special primary, or the date that
5the primary would be held, if required, transmit to the state treasurer a certified list
6of all eligible candidates for state office who have filed applications under s. 11.50 (2)
711.51 (7) and whom the board determines to be eligible to receive a grant from the
8Wisconsin election campaign clean elections fund prior to the election. The board
9shall also transmit a similar list of candidates, if any, who have filed applications
10under s. 11.50 (2) and whom the board determines to be eligible to receive a grant
11under s. 11.50 (1) (a) 2. after the special election
. The list shall contain each
12candidate's name, the mailing address indicated upon the candidate's registration
13form, the office for which the individual is a candidate and the party or principle
14which he or she represents, if any.
SB104-SSA1-SA4, s. 1g 15Section 1g. 7.70 (3) (e) 1. of the statutes is amended to read:
SB104-SSA1-SA4,4,2316 7.70 (3) (e) 1. After each September primary and special primary for the office
17of governor, state senator, or representative to the assembly
, the name of each
18candidate not defeated in the primary who receives at least 6% of the total vote cast
19for all candidates on all ballots at the primary for each separate state office except
20district attorney
the office of governor, state senator, or representative to the
21assembly
, and the percentage of the total vote received by that candidate. Such
22percentage shall be calculated within each district in the case of legislative
23candidates.
SB104-SSA1-SA4, s. 1h 24Section 1h. 8.16 (1) of the statutes is amended to read:
SB104-SSA1-SA4,5,7
18.16 (1) Except as provided in sub. (2), the person who receives the greatest
2number of votes for an office on a party ballot at any partisan primary, regardless of
3whether the person's name appears on the ballot, shall be the party's candidate for
4the office, and the person's name shall so appear on the official ballot at the next
5election. All independent candidates shall appear on the general election ballot or
6on any special election ballot
regardless of the number of votes received by such
7candidates at the September or at any special primary.
SB104-SSA1-SA4, s. 1i 8Section 1i. 8.16 (5) of the statutes is amended to read:
SB104-SSA1-SA4,5,159 8.16 (5) Any candidate for a partisan state the office except district attorney
10of governor, state senator, or representative to the assembly may also qualify for
11payments a grant under s. 11.50 11.51 if the candidate meets the requirements
12specified in s. 11.50 11.51; however, a candidate who qualifies under this section for
13placement on the official ballot at the general election or a special election shall
14appear on such ballot regardless of whether he or she qualifies for payments a grant
15under s. 11.50 11.51.".
SB104-SSA1-SA4,5,17 162. Page 5, line 24: delete the material beginning with that line and ending with
17page 6, line 14, and substitute:
SB104-SSA1-SA4,5,18 18" Section 9b. 8.35 (4) (b) of the statutes is amended to read:
SB104-SSA1-SA4,6,219 8.35 (4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys
20received by a candidate from the Wisconsin election campaign clean elections fund
21shall be immediately transferred to any candidate who is appointed to replace such
22candidate, upon filing of a proper application therefor under s. 11.50 (2). If there is
23no candidate appointed or if no proper application is filed within 7 days of the date

1on which the vacancy occurs
, such moneys shall revert to the state as provided in s.
211.50 (8)
.".
SB104-SSA1-SA4,6,4 33. Page 7, line 7: delete the material beginning with that line and ending with
4page 8, line 8, and substitute:
SB104-SSA1-SA4,6,5 5" Section 11b. 8.50 (1) (d) of the statutes is amended to read:
SB104-SSA1-SA4,6,196 8.50 (1) (d) When the election concerns a national or state office, the board shall
7transmit to each county clerk at least 22 days before the special primary a certified
8list of all persons for whom nomination papers have been filed in its office. If no
9primary is required, the list shall be transmitted at least 42 days prior to the day of
10the election. If a special primary for the office of state senator or representative to
11the assembly is held, the board shall send a certified list of candidates who are
12eligible to receive grants under s. 11.51 to the state treasurer pursuant to s. 7.08 (2)
13(cm).
Immediately upon receipt of the certified list of candidates from the board, the
14county clerk shall prepare his or her ballots. For a county special election, the county
15clerk shall certify the candidates and prepare the ballots. If there is a primary, the
16county clerk shall publish one type B notice in a newspaper under ch. 10. When a
17primary is held, as soon as possible after the primary, the county clerk shall certify
18the candidates and prepare the ballots for the following special election. The clerk
19shall publish one type B notice in a newspaper under ch. 10 for the election.
SB104-SSA1-SA4, s. 11c 20Section 11c. 8.50 (3) (b) of the statutes is amended to read:
SB104-SSA1-SA4,7,1021 8.50 (3) (b) Except as otherwise provided in this section, the provisions for
22September primaries under s. 8.15 are applicable to all partisan primaries held
23under this section, and the provisions for spring primaries under s. 8.10 are
24applicable to all nonpartisan primaries held under this section. In a special partisan

1primary or election, the order of the parties on the ballot shall be the same as
2provided under s. 5.62 (1) or 5.64 (1) (b). Independent candidates for state office the
3office of governor, state senator, or representative to the assembly
at a special
4partisan election shall not appear on the primary ballot. No primary is required for
5a nonpartisan election in which not more than 2 candidates for an office appear on
6the ballot or for a partisan election in which not more than one candidate for an office
7appears on the ballot of each recognized political party. In every special election
8except a special election for nonpartisan state office where no candidate is certified
9to appear on the ballot, a space for write-in votes shall be provided on the ballot,
10regardless of whether a special primary is held.
SB104-SSA1-SA4, s. 11d 11Section 11d. 10.02 (3) (b) 2m. of the statutes is amended to read:
SB104-SSA1-SA4,7,2312 10.02 (3) (b) 2m. At the September primary, the elector shall select the party
13ballot of his or her choice or the ballot containing the names of the independent
14candidates for state office, the office of governor, state senator, and representative
15to the assembly,
and make a cross (8) next to or depress the lever or button next to
16the candidate's name for each office for whom the elector intends to vote or insert or
17write in the name of the elector's choice for a party candidate, if any. In order to
18qualify for participation in the Wisconsin election campaign a grant from the clean
19elections
fund, a candidate for state office the office of governor, state senator, or
20representative to the assembly
at the September primary, other than a candidate for
21district attorney,
or a special primary, if a special primary is held, must receive at
22least 6% 5% of all votes cast on all ballots for the office for which he or she is a
23candidate, in addition to other requirements.
SB104-SSA1-SA4, s. 11e 24Section 11e. 10.06 (1) (e) of the statutes is amended to read:
SB104-SSA1-SA4,8,8
110.06 (1) (e) As soon as possible following the state canvass of the spring
2primary vote, but no later than the first Tuesday in March, the board shall send a
3type B notice certifying to each county clerk the list of candidates for the spring
4election. When no primary is held, this notice shall be sent under par. (c). The board
5shall also in any case send a certified list of candidates under s. 11.50 11.51 to the
6state treasurer pursuant to s. 7.08 (2) (c). When there is a referendum, the board
7shall send type A and C notices certifying each question to the county clerks as soon
8as possible, but no later than the first Tuesday in March.
SB104-SSA1-SA4, s. 11f 9Section 11f. 10.06 (1) (i) of the statutes is amended to read:
SB104-SSA1-SA4,8,1410 10.06 (1) (i) As soon as possible after the state canvass, but no later than the
114th Tuesday in September, the board shall send a type B notice certifying the list of
12candidates and type A and C notices certifying each question for any referendum to
13each county clerk for the general election and a certified list of candidates under s.
1411.50 11.51 to the state treasurer pursuant to s. 7.08 (2) (c).
SB104-SSA1-SA4, s. 11g 15Section 11g. 11.01 (4m) and (11m) of the statutes are created to read:
SB104-SSA1-SA4,8,2116 11.01 (4m) "Communication" means a message transmitted by means of a
17printed advertisement, billboard, handbill, sample ballot, radio or television
18advertisement, telephone call, or any medium that may be utilized for the purpose
19of disseminating or broadcasting a message, but not including a poll conducted solely
20for the purpose of identifying or collecting data concerning the attitudes or
21preferences of electors.
SB104-SSA1-SA4,9,8 22(11m) "Independent expenditure" means an expenditure made for the purpose
23of making a communication that is made during the 60-day period preceding any
24September or special primary election for the office of governor, state senator,
25representative to the assembly and the date of the general or special election

1following that primary election, or if no special primary election for the office of state
2senator or representative to the assembly is held, during the 60-day period
3preceding a special election for one of those offices; that contains a reference to a
4clearly identified candidate for the office of governor, state senator, or representative
5to the assembly at that election; that is made without cooperation or consultation
6with such a candidate, or any authorized committee or agent of such a candidate; and
7that is not made in concert with, or at the request or suggestion of, such a candidate,
8or any authorized committee or agent of such a candidate.".
SB104-SSA1-SA4,9,10 94. Page 12, line 23: delete the material beginning with that line and ending
10with page 13, line 2, and substitute:
SB104-SSA1-SA4,9,11 11" Section 29b. 11.06 (1) (a) of the statutes is amended to read:
SB104-SSA1-SA4,9,1612 11.06 (1) (a) An Except as required under s. 11.51 (2), an itemized statement
13giving the date, full name and street address of each contributor who has made a
14contribution in excess of $20, or whose contribution if $20 or less aggregates more
15than $20 for the calendar year, together with the amount of the contribution and the
16cumulative total contributions made by that contributor for the calendar year.
SB104-SSA1-SA4, s. 29c 17Section 29c. 11.06 (1) (g) of the statutes is amended to read:
SB104-SSA1-SA4,9,2118 11.06 (1) (g) An Except as required under s. 11.51 (9), an itemized statement
19of every disbursement exceeding $20 in amount or value, together with the name and
20address of the person to whom the disbursement was made, and the date and specific
21purpose for which the disbursement was made.
SB104-SSA1-SA4, s. 29d 22Section 29d. 11.06 (1) (jm) of the statutes is amended to read:
SB104-SSA1-SA4,9,2423 11.06 (1) (jm) A copy of any separate schedule prepared or received pursuant
24to an escrow agreement under s. 11.16 (5). A candidate or personal campaign

1committee receiving contributions under such an agreement and attaching a
2separate schedule under this paragraph may indicate the percentage of the total
3contributions received, disbursements made and exclusions claimed under s. 11.31
4(6) without itemization, except that amounts received from any contributor pursuant
5to the agreement who makes any separate contribution to the candidate or personal
6campaign committee during the calendar year of receipt as indicated in the schedule
7shall be aggregated and itemized if required under par. (a) or (b).
".
SB104-SSA1-SA4,10,9 85. Page 16, line 23: delete the material beginning with that line and ending
9with page 18, line 14.
SB104-SSA1-SA4,10,10 106. Page 19, line 1: delete lines 1 to 7.
SB104-SSA1-SA4,10,11 117. Page 20, line 13: delete lines 13 to 18.
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