Amendment SSA1-SB12

SB12-SSA1,46,11 11.23 (2) Any anonymous contribution exceeding $10 received by an individual or group treasurer may not be used or expended. The contribution shall be donated to the common school fund or to any charitable organization or transferred to the board for deposit in the Wisconsin election campaign fund at the option of the treasurer.

SB12-SSA1, s. 75 Section 75. 11.24 (2) of the statutes is renumbered 11.24 (5).

SB12-SSA1, s. 76 Section 76. 11.24 (4) of the statutes is created to read:

SB12-SSA1,46,20 11.24 (4) (a) No person may make a contribution to an incumbent partisan state elective official, to a candidate for a partisan state office, or to the personal campaign committee or support committee authorized under s. 11.05 (3) (p) of such an official or candidate for the purpose of promoting that official's or candidate's nomination, election, or reelection to a partisan state office during the period beginning on January 1 of an odd-numbered year and ending on the date of enactment of the biennial budget act.

SB12-SSA1,46,22 (b) If in any year there is more than one executive budget bill under s. 16.47 (1m), the period under par. (a) ends on the date of enactment of the last such bill.

SB12-SSA1,47,5 (c) Notwithstanding par. (a), a person may make a contribution to an incumbent partisan state elective official against whom a recall petition is circulated or a candidate for a partisan state office at a recall election during the period beginning on the date that a petitioner registers an intent to circulate a petition under s. 9.10 (2) (d) and ending on the date of the recall election, except that if the circulation period expires without offering of the recall petition for filing, the filing officer determines not to file the petition, or the official resigns as provided in s. 9.10 (3) (c), the period ends on the date of that event.

SB12-SSA1,47,8 (d) Paragraph (a) does not apply to a candidate for a partisan state office at a special election or to the personal campaign committee or authorized support committee of such a candidate.

SB12-SSA1, s. 77 Section 77. 11.26 (1) (intro.) of the statutes is amended to read:

SB12-SSA1,47,15 11.26 (1) (intro.) No Except as otherwise provided for an individual specified in sub. (2), no individual may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

SB12-SSA1, s. 78 Section 78. 11.26 (1) (a) of the statutes is amended to read:

SB12-SSA1,47,18 11.26 (1) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, or state superintendent or justice, $10,000.

SB12-SSA1, s. 79 Section 79. 11.26 (1) (am) of the statutes is created to read:

SB12-SSA1,47,20 11.26 (1) (am) Candidates for justice, $1,000.

SB12-SSA1, s. 80 Section 80. 11.26 (2) (intro.) of the statutes is amended to read:

SB12-SSA1,48,2 11.26 (2) (intro.) No committee other than a political party committee or legislative campaign committee and no individual who serves as a conduit may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

SB12-SSA1, s. 81 Section 81. 11.26 (2) (a) of the statutes is amended to read:

SB12-SSA1,48,6 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, 4 percent of the value of the disbursement level specified in the schedule under s. 11.31 (1) $45,000.

SB12-SSA1, s. 82 Section 82. 11.26 (2) (ad) of the statutes is created to read:

SB12-SSA1,48,8 11.26 (2) (ad) Candidates for lieutenant governor, $15,000.

SB12-SSA1, s. 83 Section 83. 11.26 (2) (am) of the statutes is created to read:

SB12-SSA1,48,10 11.26 (2) (am) Candidates for attorney general, $25,000.

SB12-SSA1, s. 84 Section 84. 11.26 (2) (an) of the statutes is created to read:

SB12-SSA1,48,12 11.26 (2) (an) Candidates for justice, $10,000.

SB12-SSA1, s. 85 Section 85 . 11.26 (2) (an) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed and recreated to read:

SB12-SSA1,48,15 11.26 (2) (an) Candidates for justice, $1,000.

SB12-SSA1, s. 86 Section 86. 11.26 (2) (au) of the statutes is created to read:

SB12-SSA1,48,18 11.26 (2) (au) Candidates for secretary of state, state treasurer, or state superintendent, $10,000.

SB12-SSA1, s. 87 Section 87. 11.26 (4) of the statutes is amended to read:

SB12-SSA1,49,2 11.26 (4) No Except as otherwise provided in sub. (10), no individual may make any contribution or contributions to all candidates for state and local offices and to any individuals who or committees which are subject to a registration requirement under s. 11.05, including legislative campaign committees and committees of a political party, to the extent of more than a total of $10,000 in any calendar year. This subsection does not apply to contributions that are transferred by an individual who serves as a conduit.

SB12-SSA1, s. 88 Section 88. 11.26 (8) of the statutes is amended to read:

SB12-SSA1,49,9 11.26 (8) (a) No political party as defined in s. 5.02 (13) may receive more than a total of $150,000 $600,000 in value of its contributions in any biennium from all other committees, excluding contributions from legislative campaign committees and transfers between party committees of the party. In this paragraph, a biennium commences with January 1 of each odd-numbered year and ends with December 31 of each even-numbered year.

SB12-SSA1,49,12 (b) No such political party may receive more than a total of $6,000 $18,000 in value of its contributions in any calendar year from any specific committee or its subunits or affiliates, excluding legislative campaign and political party committees.

SB12-SSA1,49,16 (c) No committee, other than a political party or legislative campaign committee, may make any contribution or contributions, directly or indirectly, to a political party under s. 5.02 (13) in a calendar year exceeding a total value of $6,000 $18,000.

SB12-SSA1, s. 89 Section 89. 11.26 (8m) of the statutes is created to read:

SB12-SSA1,49,18 11.26 (8m) (a) In this subsection:

SB12-SSA1,49,22 1. "Bona fide affiliated committees" means committees established and maintained by statewide labor organizations or trade associations and, respectively, the committees established and maintained by the local branches, units, or divisions of those statewide labor organizations or trade associations.

SB12-SSA1,49,25 2. "Trade association" means an organization described in section 501 (c) (6) of the Internal Revenue Code which is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

SB12-SSA1,50,2 (b) Except as provided in par. (c), no committee may make a contribution to any other committee except a political party, personal campaign, or support committee.

SB12-SSA1,50,5 (c) Paragraph (b) does not apply to any contribution made by a committee to another committee if the contribution is made between bona fide affiliated committees.

SB12-SSA1, s. 90 Section 90. 11.26 (9) (a) of the statutes is amended to read:

SB12-SSA1,50,14 11.26 (9) (a) No individual who is a candidate for state or local office may receive and accept more than 65 percent of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided in s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party and legislative campaign committees. The limitation otherwise applicable under this paragraph to a candidate who qualifies to receive a supplemental grant under s. 11.50 (9) (ba) or (bb) is increased by the amount of the supplemental grant.

SB12-SSA1, s. 91 Section 91 . 11.26 (9) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB12-SSA1,50,24 11.26 (9) (a) No Except as provided in par. (ba), no individual who is a candidate for state or local office may receive and accept more than 65 percent of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided in s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party committees. The limitation otherwise applicable under this paragraph to a candidate who qualifies to receive a supplemental grant under s. 11.50 (9) (ba) or (bb) is increased by the amount of the supplemental grant.

SB12-SSA1, s. 92 Section 92. 11.26 (9) (b) of the statutes is amended to read:

SB12-SSA1,51,8 11.26 (9) (b) No individual who is a candidate for state or local office may receive and accept more than 45 35 percent of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided in s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement. The limitation otherwise applicable under this paragraph to a candidate who qualifies to receive a supplemental grant under s. 11.50 (9) (ba) or (bb) is increased by the amount of the supplemental grant.

SB12-SSA1, s. 93 Section 93 . 11.26 (9) (b) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB12-SSA1,51,18 11.26 (9) (b) No Except as provided in par. (ba), no individual who is a candidate for state or local office may receive and accept more than 35 percent of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided in s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party committees subject to a filing requirement. The limitation otherwise applicable under this paragraph to a candidate who qualifies to receive a supplemental grant under s. 11.50 (9) (ba) or (bb) is increased by the amount of the supplemental grant.

SB12-SSA1, s. 94 Section 94. 11.26 (9) (ba) of the statutes is created to read:

SB12-SSA1,51,21 11.26 (9) (ba) Paragraphs (a) and (b) do not apply to a candidate who receives a public financing benefit from the democracy trust fund.

SB12-SSA1, s. 95 Section 95. 11.26 (10) of the statutes is renumbered 11.26 (10) (a) and amended to read:

SB12-SSA1,52,15 11.26 (10) (a) No Except as provided in par. (b), no candidate for state office who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make contributions of more than 200 percent of the amounts specified in sub. (1) to the candidate's own campaign from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, unless the board determines that the candidate is not eligible to receive a grant, or the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) applies. For purposes of this subsection paragraph, any contribution received by a candidate or his or her personal campaign committee from a committee which is registered with the federal elections commission as the authorized committee of the candidate under 2 USC 432 (e) shall be treated as a contribution made by the candidate to his or her own campaign. The contribution limit of sub. (4) applies to amounts contributed by such a candidate personally to the candidate's own campaign and to other campaigns, except that a candidate may exceed the limitation if authorized under this subsection paragraph to contribute more than the amount specified to the candidate's own campaign, up to the amount of the limitation.

SB12-SSA1, s. 96 Section 96. 11.26 (10) (b) of the statutes is created to read:

SB12-SSA1,52,24 11.26 (10) (b) If a candidate is authorized to make disbursements under s. 11.31 (3p) exceeding the limitation otherwise applicable to the candidate as prescribed under s. 11.31 (1) and adjusted under s. 11.31 (9), then the limitation otherwise applicable to that candidate under par. (a) is increased by an amount equal to the ratio that the amount specified in par. (a) bears to the disbursement limitation specified for that candidate under s. 11.31 (1), as adjusted under s. 11.31 (9), multiplied by the amount of the increased disbursement limitation authorized for that candidate under s. 11.31 (3p).

SB12-SSA1, s. 97 Section 97. 11.26 (13) of the statutes is amended to read:

SB12-SSA1,53,3 11.26 (13) Except as provided in sub. (9), contributions received from the Wisconsin election campaign fund and public financing benefits received from the democracy trust fund are not subject to limitation by this section.

SB12-SSA1, s. 98 Section 98. 11.265 of the statutes is repealed.

SB12-SSA1, s. 99 Section 99. 11.30 (4) of the statutes is amended to read:

SB12-SSA1,53,8 11.30 (4) No owner or other person with a financial interest in a communications medium may utilize such medium in support of or in opposition to a candidate or referendum, except as provided in this chapter.

SB12-SSA1,53,12 (4m) This chapter shall not be construed to restrict fair coverage of bona fide news stories, interviews with candidates and other politically active individuals, editorial comment or endorsement. Such activities need not be reported as a contribution or disbursement.

SB12-SSA1, s. 100 Section 100. 11.31 (1) (intro.) of the statutes is amended to read:

SB12-SSA1,53,18 11.31 (1) Schedule. (intro.) The following levels of disbursements are established with reference to the candidates listed below. The levels are subject to adjustment under sub. (9). Except as provided in sub. (2), such levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.

SB12-SSA1, s. 101 Section 101. 11.31 (1) (a) to (d) of the statutes are amended to read:

SB12-SSA1,53,20 11.31 (1) (a) Candidates for governor, $1.078,200 $4,000,000.

SB12-SSA1,53,21 (b) Candidates for lieutenant governor, $323,475 $500,000.

SB12-SSA1,53,22 (c) Candidates for attorney general, $539,000 $700,000.

SB12-SSA1,53,24 (d) Candidates for secretary of state, state treasurer, justice or state superintendent, $215,625 $250,000.

SB12-SSA1, s. 102 Section 102 . 11.31 (1) (d) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB12-SSA1,54,4 11.31 (1) (d) Candidates for secretary of state, state treasurer, justice or state superintendent, $250,000.

SB12-SSA1, s. 103 Section 103. 11.31 (1) (e) and (f) of the statutes are amended to read:

SB12-SSA1,54,8 11.31 (1) (e) Candidates for state senator, $34,500 $150,000 total in the primary and election, with disbursements not exceeding $21,575 $108,000 for either the primary or the election.

SB12-SSA1,54,11 (f) Candidates for representative to the assembly, $17,250 $75,000 total in the primary and election, with disbursements not exceeding $10,775 $54,000 for either the primary or the election.

SB12-SSA1, s. 104 Section 104. 11.31 (2) of the statutes is amended to read:

SB12-SSA1,55,2 11.31 (2) Limitation imposed. No candidate for state office at a spring or general election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from the campaign treasury in any campaign to the extent of more than the amount prescribed in sub. (1), adjusted as provided under sub. (9), unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s.11.50 (2) (i) applies sub. (3p) applies to that candidate. No candidate for state office at a special election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from the campaign treasury in any campaign to the extent of more than the amount prescribed under sub. (1), adjusted as provided under sub. (9), for the preceding spring or general election for the same office, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s.11.50 (2) (i) applies sub. (3p) applies to that candidate.

SB12-SSA1, s. 105 Section 105. 11.31 (2m) of the statutes is repealed:

SB12-SSA1, s. 106 Section 106. 11.31 (3) of the statutes is amended to read:

SB12-SSA1,55,10 11.31 (3) Gubernatorial campaigns. For purposes of compliance with the limitations imposed under sub. (2), candidates for governor and lieutenant governor of the same political party who both accept grants from the Wisconsin election campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b), adjusted as provided in sub. (9), and reallocate the total level between them. The candidates shall each inform the board of any such agreement.

SB12-SSA1, s. 107 Section 107. 11.31 (3p) of the statutes is created to read:

SB12-SSA1,55,15 11.31 (3p) Candidates receiving supplemental grants; exception. If a candidate receives a supplemental grant under s. 11.50 (9) (ba) or (bb), the disbursement limitation of that candidate for the campaign in which the grant is received is increased by the amount of the supplemental grant.

SB12-SSA1, s. 108 Section 108. 11.31 (9) of the statutes is created to read:

SB12-SSA1,55,20 11.31 (9) Adjustment of disbursement levels. (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

SB12-SSA1,56,8 (b) The dollar amounts of all disbursement limitations specified in sub. (1) shall be subject to a cost-of-living adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for calendar year 2007. For each biennium, the board shall adjust the disbursement limitations specified under sub. (1) by that percentage to the extent required to reflect any difference, rounded to the nearest multiple of $25 in the case of amounts of $1 or more, which amount shall be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare, and without a finding of emergency.

SB12-SSA1, s. 109 Section 109. 11.38 (1) (a) 2. of the statutes is amended to read:

SB12-SSA1,56,24 11.38 (1) (a) 2. Notwithstanding subd. 1., any such corporation or association may establish and administer a separate segregated fund and solicit contributions from individuals to the fund to be utilized by such corporation or association, for the purpose of supporting or opposing any candidate for state or local office but the corporation or association may not make any contribution to the fund. The fund shall appoint a treasurer and shall register as a political committee under s. 11.05. A parent corporation or association engaging solely in this activity is not subject to registration under s. 11.05, but shall register and file special reports on forms prescribed by the board disclosing its administrative and solicitation expenses on behalf of such fund. A corporation not domiciled in this state need report only its expenses for administration and solicitation of contributions in this state together with a statement indicating where information concerning other administration and solicitation expenses of its fund may be obtained. The reports shall be filed with the filing officer for the fund specified in s. 11.02 in the manner in which continuing reports are filed under s. 11.20 (4) and (8), and s. 11.21 (16), if applicable.

SB12-SSA1, s. 110 Section 110. 11.38 (2m) of the statutes is created to read:

SB12-SSA1,57,6 11.38 (2m) (a) Notwithstanding sub. (1) (a), a corporation or association specified in sub. (1) (a) may make a disbursement that is authorized under par. (b) for the purpose of making a communication specified in s. 11.01 (16) (a) 3. unless the communication is susceptible of no reasonable interpretation other than as an appeal to vote for or against a candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at an election.

SB12-SSA1,57,7 (b) A disbursement is permitted under par. (a) if the communication:

SB12-SSA1,57,9 1. Does not mention an election, candidacy, opposing candidate, political party, or voting by the general public; and

SB12-SSA1,57,11 2. Does not take a position on a candidate's or officeholder's character, qualifications, or fitness for office; and either:

SB12-SSA1,57,14 a. Focuses on a state or local legislative or executive matter or issue and urges a candidate to take a particular position or action with respect to the matter or issue or urges the public to contact a candidate with respect to the matter or issue; or