2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 40
June 3, 2011 - Offered by Joint Committee on Finance.
AB40-ASA1,1,2 1An Act relating to: state finances and appropriations, constituting the
2executive budget act of the 2011 legislature.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB40-ASA1, s. 1d 3Section 1d. 5.02 (18) of the statutes is amended to read:
AB40-ASA1,1,74 5.02 (18) "September primary" means the primary held the 2nd Tuesday in
5September to nominate candidates to be voted for at the general election , and to
6determine which candidates for state offices other than district attorney may
7participate in the Wisconsin election campaign fund
.
AB40-ASA1, s. 2d 8Section 2d. 5.35 (6) (b) of the statutes is amended to read:
AB40-ASA1,2,99 5.35 (6) (b) At each polling place in the state where a consolidated ballot under
10s. 5.655 is used or an electronic voting system is utilized at a partisan primary
11election incorporating a ballot upon which electors may mark votes for candidates

1of more than one recognized political party or for candidates of a recognized political
2party and independent candidates
, the municipal clerk or board of election
3commissioners shall prominently post a sign in the form prescribed by the board
4warning electors in substance that on any ballot with votes cast for candidates of
5more than one recognized political party or any ballot with votes cast for candidates
6of a recognized political party and independent candidates
, no votes cast for any
7candidates for partisan office will be counted unless a preference for a party or for
8the independent candidates
is made. If the elector designates a preference, only
9votes cast for candidates of that preference will be counted.
AB40-ASA1, s. 2f 10Section 2f. 5.37 (4) of the statutes is amended to read:
AB40-ASA1,2,1911 5.37 (4) Voting machines may be used at primary elections when they comply
12with subs. (1) and (2) and the following provisions: All candidates' names entitled to
13appear on the ballots at the primary shall appear on the machine; the elector cannot
14vote for candidates of more than one party, whenever the restriction applies, and an
15elector who votes for candidates of any party may not vote for independent
16candidates at the September primary
; the elector may secretly select the party for
17which he or she wishes to vote, or the independent candidates in the case of the
18September primary
; the elector may vote for as many candidates for each office as
19he or she is lawfully entitled to vote for, but no more.
AB40-ASA1, s. 3e 20Section 3e. 5.62 (1) (a) of the statutes is amended to read:
AB40-ASA1,3,1621 5.62 (1) (a) At September primaries, the following ballot shall be provided for
22the nomination of candidates of recognized political parties for national, state and
23county offices and independent candidates for state office in each ward, in the same
24form as prescribed by the board under s. 7.08 (1) (a), except as authorized in s. 5.655.
25The ballots shall be made up of the several party tickets with each party entitled to

1participate in the primary under par. (b) or sub. (2) having its own ballot, except as
2authorized in s. 5.655. The independent candidates for state office other than district
3attorney shall have a separate ballot for all such candidates as under s.
5.64 (1) (e),
4except as authorized in s. 5.655.
The ballots shall be secured together at the bottom.
5The party ballot of the party receiving the most votes for president or governor at the
6last general election shall be on top with the other parties arranged in descending
7order based on their vote for president or governor at the last general election. The
8ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying
9under par. (b), in the same order in which the parties filed petitions with the board.
10Any ballot required under par. (b) 2. shall be placed next in order. The ballot listing
11the independent candidates shall be placed at the bottom.
At polling places where
12voting machines are used, each party and the independent candidates shall be
13represented in one or more separate columns or rows on the ballot. At polling places
14where an electronic voting system is used other than an electronic voting machine,
15each party and the independent candidates may be represented in separate columns
16or rows on the ballot.
AB40-ASA1, s. 3m 17Section 3m. 5.62 (3) of the statutes is amended to read:
AB40-ASA1,4,218 5.62 (3) The board shall designate the official primary ballot arrangement for
19statewide offices and district attorney within each prosecutorial district by using the
20same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate
21column or row on the ballot, the candidates for office shall be listed together with the
22offices which they seek in the following order whenever these offices appear on the
23September primary ballot: governor, lieutenant governor, attorney general,
24secretary of state, state treasurer, U.S. senator, U.S. representative in congress,
25state senator, representative to the assembly, district attorney and the county offices.

1Below the names of the independent candidates shall appear the party or principle
2of the candidates, if any, in 5 words or less, as shown on their nomination papers.
AB40-ASA1, s. 3s 3Section 3s. 5.62 (5) of the statutes is repealed.
AB40-ASA1, s. 3t 4Section 3t. 5.68 (4) of the statutes is amended to read:
AB40-ASA1,4,65 5.68 (4) Except as provided under sub. (7), the The cost of compensation of
6election officials and trainees shall be borne in the manner provided in s. 7.03.
AB40-ASA1, s. 3u 7Section 3u. 5.68 (7) of the statutes is repealed.
AB40-ASA1, s. 3v 8Section 3v. 5.81 (4) of the statutes is amended to read:
AB40-ASA1,4,139 5.81 (4) In partisan primary elections, if a ballot contains the names of
10candidates of more than one party or the names of party candidates and independent
11candidates
, it shall provide a space for electors to designate a party preference or a
12preference for the independent candidates
. Failure to designate a preference does
13not invalidate any votes cast by an elector, except as provided in s. 7.50 (1) (d).
AB40-ASA1, s. 4g 14Section 4g. 5.91 (1) of the statutes is amended to read:
AB40-ASA1,4,1715 5.91 (1) It enables an elector to vote in secrecy and to select the party or the
16independent candidates for whom
for which an elector will vote in secrecy at a
17partisan primary election.
AB40-ASA1, s. 4r 18Section 4r. 5.91 (6) of the statutes is amended to read:
AB40-ASA1,4,2519 5.91 (6) The voting device or machine permits an elector in a primary election
20to vote for the candidates of the recognized political party or the independent
21candidates
of his or her choice, and the automatic tabulating equipment or machine
22rejects any ballot on which votes are cast in the primary of more than one recognized
23political party, except where a party or independent candidate designation is made
24or where an elector casts write-in votes for candidates of more than one party on a
25ballot that is distributed to the elector.
AB40-ASA1, s. 5g
1Section 5g. 7.08 (2) (c) of the statutes is repealed.
AB40-ASA1, s. 5r 2Section 5r. 7.08 (2) (cm) of the statutes is repealed.
AB40-ASA1, s. 6c 3Section 6c. 7.70 (3) (e) (intro.) and 2. of the statutes are consolidated,
4renumbered 7.70 (3) (e) and amended to read:
AB40-ASA1,5,95 7.70 (3) (e) The chairperson of the board or the chairperson's designee shall
6make a special statement to the board as soon as possible after the canvass of the
7general election
certifying: 2. After the general election, the name of each political
8party which receives at least one percent of the vote cast in such election for any
9statewide office.
AB40-ASA1, s. 6d 10Section 6d. 7.70 (3) (e) 1. of the statutes is repealed.
AB40-ASA1, s. 7c 11Section 7c. 8.15 (7) of the statutes is amended to read:
AB40-ASA1,5,1812 8.15 (7) A candidate may not run in more than one party primary at the same
13time. No filing official may accept nomination papers for the same person in the same
14election for more than one party. An independent candidate at a partisan primary
15or other election may not file nomination papers as the candidate of a recognized
16political party for the same office at the same election.
A person who files nomination
17papers as the candidate of a recognized political party may not file nomination
18papers as an independent candidate for the same office at the same election.
AB40-ASA1, s. 7d 19Section 7d. 8.16 (1) of the statutes is amended to read:
AB40-ASA1,6,220 8.16 (1) Except as provided in sub. (2), the person who receives the greatest
21number of votes for an office on a party ballot at any partisan primary, regardless of
22whether the person's name appears on the ballot, shall be the party's candidate for
23the office, and the person's name shall so appear on the official ballot at the next
24election. All independent candidates shall appear on the general election ballot

1regardless of the number of votes received by such candidates at the September
2primary.
AB40-ASA1, s. 7e 3Section 7e. 8.16 (5) of the statutes is repealed.
AB40-ASA1, s. 7f 4Section 7f. 8.20 (8) (a) of the statutes is amended to read:
AB40-ASA1,6,205 8.20 (8) (a) Nomination papers for independent candidates for any office to be
6voted upon at a general election or September primary and general election, except
7president, vice president and presidential elector, may be circulated no sooner than
8June 1 preceding the election and may be filed no later than 5 p.m. on the 2nd
9Tuesday of July preceding the September primary, except as authorized in this
10paragraph. If an incumbent fails to file nomination papers and a declaration of
11candidacy by 5 p.m. on the 2nd Tuesday of July preceding the September primary,
12all candidates for the office held by the incumbent, other than the incumbent, may
13file nomination papers no later than 72 hours after the latest time prescribed in this
14paragraph. No extension of the time for filing nomination papers applies if the
15incumbent files written notification with the filing officer or agency with whom
16nomination papers are filed for the office which the incumbent holds, no later than
175 p.m. on the 2nd Friday preceding the latest time prescribed in this paragraph for
18filing nomination papers, that the incumbent is not a candidate for reelection to his
19or her office, and the incumbent does not file nomination papers for that office within
20the time prescribed in this paragraph.
AB40-ASA1, s. 7g 21Section 7g. 8.20 (9) of the statutes is amended to read:
AB40-ASA1,7,622 8.20 (9) Persons nominated by nomination papers without a recognized
23political party designation shall be placed on the official ballot at the general election
24and at any partisan election to the right or below the recognized political party
25candidates in their own column or row designated "Independent". At the September

1primary, persons nominated for state office by nomination papers without a
2recognized political party designation shall be placed on a separate ballot or, if a
3consolidated paper ballot under s. 5.655 (2), an electronic voting system or voting
4machines are used, in a column or row designated "Independent".
If the candidate's
5name already appears under a recognized political party it may not be listed on the
6independent ballot, column or row.
AB40-ASA1, s. 7n 7Section 7n. 8.35 (4) (b) of the statutes is repealed.
AB40-ASA1, s. 7r 8Section 7r. 8.35 (4) (c) of the statutes is amended to read:
AB40-ASA1,7,169 8.35 (4) (c) The transfer shall be reported to the appropriate filing officer in a
10special report submitted by the former candidate's campaign treasurer. If the former
11candidate is deceased and was serving as his or her own campaign treasurer, the
12former candidate's petitioner or personal representative shall file the report and
13make the transfer required by par. (b), if any
. The report shall include a complete
14statement of all contributions, disbursements and incurred obligations pursuant to
15s. 11.06 (1) covering the period from the day after the last date covered on the former
16candidate's most recent report to the date of disposition.
AB40-ASA1, s. 7w 17Section 7w. 8.50 (3) (b) of the statutes is amended to read:
AB40-ASA1,8,518 8.50 (3) (b) Except as otherwise provided in this section, the provisions for
19September primaries under s. 8.15 are applicable to all partisan primaries held
20under this section, and the provisions for spring primaries under s. 8.10 are
21applicable to all nonpartisan primaries held under this section. In a special partisan
22primary or election, the order of the parties on the ballot shall be the same as
23provided under s. 5.62 (1) or 5.64 (1) (b). Independent candidates for state office at
24a special partisan election shall not appear on the primary ballot.
No primary is
25required for a nonpartisan election in which not more than 2 candidates for an office

1appear on the ballot or for a partisan election in which not more than one candidate
2for an office appears on the ballot of each recognized political party. In every special
3election except a special election for nonpartisan state office where no candidate is
4certified to appear on the ballot, a space for write-in votes shall be provided on the
5ballot, regardless of whether a special primary is held.
AB40-ASA1, s. 8d 6Section 8d. 10.02 (3) (b) 2. of the statutes is amended to read:
AB40-ASA1,8,107 10.02 (3) (b) 2. At a special partisan primary, the elector shall select the party
8ballot of his or her choice and shall make a cross (7) next to or depress the lever or
9button next to the candidate's name for each office for whom the elector intends to
10vote, or shall insert or write in the name of the elector's choice for a candidate.
AB40-ASA1, s. 8h 11Section 8h. 10.02 (3) (b) 2m. of the statutes is repealed.
AB40-ASA1, s. 8p 12Section 8p. 10.06 (1) (e) of the statutes is amended to read:
AB40-ASA1,8,2113 10.06 (1) (e) As soon as possible following the state canvass of the spring
14primary vote, but no later than the first Tuesday in March, the board shall send a
15type B notice certifying to each county clerk the list of candidates for the spring
16election. When no state spring primary is held or when the only primary held is the
17presidential preference primary, this notice shall be sent under par. (c). The board
18shall also in any case send a certified list of candidates under s. 11.50 to the state
19treasurer pursuant to s. 7.08 (2) (c).
When there is a referendum, the board shall send
20type A and C notices certifying each question to the county clerks as soon as possible,
21but no later than the first Tuesday in March.
AB40-ASA1, s. 8t 22Section 8t. 10.06 (1) (i) of the statutes is amended to read:
AB40-ASA1,9,223 10.06 (1) (i) As soon as possible after the state canvass, but no later than the
244th Tuesday in September, the board shall send a type B notice certifying the list of
25candidates and type A and C notices certifying each question for any referendum to

1each county clerk for the general election and a certified list of candidates under s.
211.50 to the state treasurer pursuant to s. 7.08 (2) (c)
.
AB40-ASA1, s. 11c 3Section 11c. 11.06 (1) (jm) of the statutes is amended to read:
AB40-ASA1,9,124 11.06 (1) (jm) A copy of any separate schedule prepared or received pursuant
5to an escrow agreement under s. 11.16 (5). A candidate or personal campaign
6committee receiving contributions under such an agreement and attaching a
7separate schedule under this paragraph may indicate the percentage of the total
8contributions received, disbursements made and exclusions claimed under s. 11.31
9(6)
without itemization, except that amounts received from any contributor pursuant
10to the agreement who makes any separate contribution to the candidate or personal
11campaign committee during the calendar year of receipt as indicated in the schedule
12shall be aggregated and itemized if required under par. (a) or (b).
AB40-ASA1, s. 11g 13Section 11g. 11.12 (2) of the statutes is amended to read:
AB40-ASA1,9,2114 11.12 (2) No registrant, other than a candidate who receives a public financing
15benefit from the democracy trust fund, may accept an
Any anonymous contribution
16exceeding $10. No candidate who receives a public financing benefit from the
17democracy trust fund may accept an anonymous contribution exceeding $5. Any
18anonymous contribution that may not be accepted under this subsection
received by
19a campaign or committee treasurer or by an individual under s. 11.06 (7) may not be
20used or expended. The contribution
shall be donated to the common school fund or
21to a any charitable organization at the option of the registrant's treasurer.
AB40-ASA1, s. 11n 22Section 11n. 11.16 (2) of the statutes is amended to read:
AB40-ASA1,9,2523 11.16 (2) Limitation on cash contributions. Except as provided in s. 11.506 (6),
24every
Every contribution of money exceeding $50 shall be made by negotiable
25instrument or evidenced by an itemized credit card receipt bearing on the face the

1name of the remitter. No treasurer may accept a contribution made in violation of
2this subsection. The treasurer shall promptly return the contribution, or donate it
3to the common school fund or to a charitable organization in the event that the donor
4cannot be identified.
AB40-ASA1, s. 11r 5Section 11r. 11.16 (3) of the statutes is amended to read:
AB40-ASA1,10,166 11.16 (3) Form of disbursements. Except as authorized under s. 11.511 (1),
7every
Every disbursement which is made by a registered individual or treasurer from
8the campaign depository account shall be made by negotiable instrument. Such
9instrument shall bear on the face the full name of the candidate, committee,
10individual or group as it appears on the registration statement filed under s. 11.05
11and where necessary, such additional words as are sufficient to clearly indicate the
12political nature of the registrant or account of the registrant. The name of a political
13party shall include the word "party". The instrument of each committee registered
14with the board and designated under s. 11.05 (3) (c) as a special interest committee
15shall bear the identification number assigned under s. 11.21 (12) on the face of the
16instrument.
AB40-ASA1, s. 11w 17Section 11w. 11.16 (5) of the statutes is amended to read:
AB40-ASA1,11,718 11.16 (5) Escrow agreements. Any personal campaign committee, political
19party committee or legislative campaign committee may, pursuant to a written
20escrow agreement with more than one candidate, solicit contributions for and
21conduct a joint fund raising effort or program on behalf of more than one named
22candidate. The agreement shall specify the percentage of the proceeds to be
23distributed to each candidate by the committee conducting the effort or program.
24The committee shall include this information in all solicitations for the effort or
25program. All contributions received and disbursements made by the committee in

1connection with the effort or program shall be received and disbursed through a
2separate depository account under s. 11.14 (1) that is identified in the agreement.
3For purposes of s. 11.06 (1), the committee conducting the effort or program shall
4prepare a schedule in the form prescribed by the board supplying all required
5information under s. 11.06 (1) and items qualifying for exclusion under s. 11.31 (6)
6for the effort or program, and shall transmit a copy of the schedule to each candidate
7who receives any of the proceeds within the period prescribed in s. 11.06 (4) (c).
AB40-ASA1, s. 12b 8Section 12b. 11.21 (15) of the statutes is repealed.
AB40-ASA1, s. 12d 9Section 12d. 11.26 (1) (a) of the statutes is amended to read:
AB40-ASA1,11,1110 11.26 (1) (a) Candidates for governor, lieutenant governor, secretary of state,
11state treasurer, attorney general, or state superintendent, or justice, $10,000.
AB40-ASA1, s. 12e 12Section 12e. 11.26 (1) (am) of the statutes is repealed.
AB40-ASA1, s. 12g 13Section 12g. 11.26 (2) (a) of the statutes is amended to read:
AB40-ASA1,11,1614 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state,
15state treasurer, attorney general, or state superintendent, or justice, 4 percent of the
16value of the disbursement level specified in the schedule under s. 11.31 (1).
AB40-ASA1, s. 12h 17Section 12h. 11.26 (2) (an) of the statutes is repealed.
AB40-ASA1, s. 12j 18Section 12j. 11.26 (9) (a) of the statutes is amended to read:
AB40-ASA1,11,2419 11.26 (9) (a) Except as provided in par. (ba), no No individual who is a candidate
20for state or local office may receive and accept more than 65 percent of the value of
21the total disbursement level determined under s. 11.31 or 11.511 (7) (a) for the office
22for which he or she is a candidate during any primary and election campaign
23combined from all committees subject to a filing requirement, including political
24party and legislative campaign committees.
AB40-ASA1, s. 12k 25Section 12k. 11.26 (9) (b) of the statutes is amended to read:
AB40-ASA1,12,6
111.26 (9) (b) Except as provided in par. (ba), no No individual who is a candidate
2for state or local office may receive and accept more than 45 percent of the value of
3the total disbursement level determined under s. 11.31 or 11.511 (7) (a) for the office
4for which he or she is a candidate during any primary and election campaign
5combined from all committees other than political party and legislative campaign
6committees subject to a filing requirement.
AB40-ASA1, s. 12L 7Section 12L. 11.26 (9) (ba) of the statutes is repealed.
AB40-ASA1, s. 12m 8Section 12m. 11.26 (9) (c) of the statutes is repealed.
AB40-ASA1, s. 12n 9Section 12n. 11.26 (10) of the statutes is repealed.
AB40-ASA1, s. 12p 10Section 12p. 11.26 (13) of the statutes is repealed.
AB40-ASA1, s. 12s 11Section 12s. 11.26 (17) (a) of the statutes is amended to read:
AB40-ASA1,12,1412 11.26 (17) (a) For purposes of application of the limitations imposed in subs.
13(1), (2), and (9) and (10), the "campaign" of a candidate begins and ends at the times
14specified in this subsection.
AB40-ASA1, s. 13b 15Section 13b. 11.31 (title) of the statutes is amended to read:
AB40-ASA1,12,16 1611.31 (title) Disbursement levels and limitations; calculation.
AB40-ASA1, s. 13d 17Section 13d. 11.31 (1) (intro.) of the statutes is amended to read:
AB40-ASA1,12,2218 11.31 (1) Schedule. (intro.) The following levels of disbursements are
19established with reference to the candidates listed below. Except as provided in sub.
20(2), such
The levels do not operate to restrict the total amount of disbursements
21which are made or authorized to be made by any candidate in any primary or other
22election.
AB40-ASA1, s. 13g 23Section 13g. 11.31 (1) (d) of the statutes is amended to read:
AB40-ASA1,12,2524 11.31 (1) (d) Candidates for secretary of state, state treasurer, or, state
25superintendent, or justice, $215,625.
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