SB12: Bill Text

3. The candidate must receive, during a specified time period, a specified amount through contributions from individuals of $100 or less. For a candidate for the office of governor, lieutenant governor, secretary of state, state treasurer, attorney general, justice of the supreme court or superintendent of public instruction, the amount is 5% of the authorized disbursement level for the office which the candidate seeks. For a candidate for the office of state senator or representative to the assembly, the amount is 10% of the authorized disbursement level for the office which the candidate seeks.

Under current law, a candidate for any office who accepts a grant must comply with statutorily prescribed contribution and disbursement limitations, unless one or more of the candidate's opponents who receive at least 6% of the votes cast for all candidates for that office at the primary, if a primary was held, do not accept a grant and do not voluntarily comply with the contribution and disbursement limitations for that office.

The maximum grant that a candidate may receive is that amount which, when added to all other contributions accepted from sources other than individuals, political party committees and legislative campaign committees, is equal to 45% of the authorized disbursement level for the office which the candidate seeks.

The bill:

1. Eliminates the requirement that, to be eligible to receive a grant from the Wisconsin election campaign fund, a candidate for a partisan state office must receive at least 6% of the total votes cast in the primary election. Also, it eliminates the 6% vote requirement for such a candidate at a special election.

2. Provides that the contributions of $100 or less from individuals used to determine eligibility for a grant from the Wisconsin election campaign fund must be made by individuals who reside in the state.

3. Allows a candidate for state senator or representative to the assembly to receive 50% of the grant to which he or she would otherwise be entitled if the candidate raises an amount equal to at least 5% but less than 10% of the disbursement level for the office which the candidate seeks through contributions from individuals of $100 or less, within the time period specified in current law. The bill also provides that, if within the next 14 days the candidate raises additional individual contributions of $100 or less so that the total amount raised through such contributions is 10% or more of the disbursement level for the office, the candidate is eligible for the remainder of the grant.

4. Allows a candidate for a partisan state office who accepts a grant from the Wisconsin election campaign fund to exceed statutory contribution and disbursement limitations if the candidate has an opponent who does not accept a grant and does not voluntarily adhere to disbursement limitations, without regard to the percentage of votes that the opponent received in the primary. Also, it provides that the only contribution limitation that may be exceeded by a candidate whose opponent does not adhere to contribution and disbursement limitations is the limitation on a candidate's contributions to his or her own campaign.

5. Provides that, if a candidate for state office who accepts a grant from the Wisconsin election campaign fund is opposed by one or more candidates who do not agree to abide by the contribution and disbursement limitations for the office, the total grant available to the candidate who accepts a grant is increased by the amount of the maximum grant for the office (45% of the statutorily specified disbursement level for the office).

The bill applies to elections held on or after January 1, 1997.

This bill will be referred to the joint survey committee on tax exemptions for a detailed analysis, which will be printed as an appendix to the bill.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB12, s. 1 Section 1. 5.05 (1) (b) of the statutes is amended to read:

SB12,9,7 5.05 (1) (b) In the discharge of its duties and upon notice to the party or parties being investigated, subpoena and bring before it any person in the state and require the production of any papers, books or other records relevant to an investigation. A circuit court may by order permit the inspection and copying of the accounts and the depositor's and loan records at any financial institution, as defined in s. 705.01 (3), doing business in the state or the records of any telecommunications utility, as defined in s. 196.01 (10), doing business in this state, to obtain evidence of any violation of ch. 11 upon showing by the board of probable cause to believe there is a violation and that such accounts and or records may have a substantial relation to the violation. In the discharge of its duties, the board may cause the deposition of witnesses to be taken in the manner prescribed for taking depositions in civil actions in circuit court.

SB12, s. 2 Section 2. 7.08 (2) (c) and (cm) of the statutes are amended to read:

SB12,10,22 7.08 (2) (c) As soon as possible after the canvass of the spring and September primary votes, but no later than the first Tuesday in March and the 4th Tuesday in September, transmit to the state treasurer a certified list of all eligible candidates for state office who have filed applications under s. 11.50 (2) and whom the board determines to be eligible to receive payments from the Wisconsin election campaign fund. The list shall contain each candidate's name, the mailing address indicated upon the candidate's registration form, the office for which the individual is a candidate and, the party or principle which he or she represents, if any, and, for a candidate whose application is approved under s. 11.50 (2) (bm) 1., an indication that the candidate is eligible for 50% of the amount that would have been available to the candidate if his or her application had been approved under s. 11.50 (2) (b). As soon as possible after receiving supplemental reports under s. 11.50 (2) (bm) 2., but no later than 28 days after the date specified in s. 11.50 (2) (b) 5., the board shall transmit to the state treasurer a certified list of all candidates who are eligible for supplemental payments under s. 11.50 (2) (bm) 2.

SB12,11,14 (cm) As soon as possible after the canvass of a special primary, or the date that the primary would be held, if required, transmit to the state treasurer a certified list of all eligible candidates for state office who have filed applications under s. 11.50 (2) and whom the board determines to be eligible to receive a grant from the Wisconsin election campaign fund prior to the election. The board shall also transmit a similar list of candidates, if any, who have filed applications under s. 11.50 (2) and whom the board determines to be eligible to receive a grant under s. 11.50 (1) (a) 2. after the special election. The list shall contain each candidate's name, the mailing address indicated upon the candidate's registration form, the office for which the individual is a candidate and, the party or principle which he or she represents, if any, and, for a candidate whose application is approved under s. 11.50 (2) (bm) 1., an indication that the candidate is eligible for 50% of the amount that would have been available to the candidate if his or her application had been approved under s. 11.50 (2) (b). As soon as possible after receiving supplemental reports under s. 11.50 (2) (bm) 2., but not later than 28 days after the date specified in s. 11.50 (2) (b) 5., the board shall transmit to the state treasurer a certified list of all candidates who are eligible for supplemental payments under s. 11.50 (2) (bm) 2.

SB12, s. 3 Section 3. 8.16 (5) of the statutes is repealed.

SB12, s. 4 Section 4. 10.02 (3) (b) 2m. of the statutes is amended to read:

SB12,11,25 10.02 (3) (b) 2m. At the September primary, the elector shall select the party ballot of his or her choice or the ballot containing the names of the independent candidates for state office, and make a cross [8] in the square at the right of or depress the lever or button next to the candidate's name for each office for whom the elector intends to vote or insert or write in the name of the elector's choice for a party candidate, if any. In order to qualify for participation in the Wisconsin election campaign fund, a candidate for state office at the September primary, other than a candidate for district attorney, must receive at least 6% of all votes cast on all ballots for the office for which he or she is a candidate, in addition to other requirements.

SB12, s. 5 Section 5. 11.01 (18s) of the statutes is created to read:

SB12,12,4 11.01 (18s) "Relative" means a parent, grandparent, child, grandchild, brother, sister, parent-in-law, grandparent-in-law, brother-in-law, sister-in-law, uncle, aunt, nephew, niece, spouse, fiance or fiancee.

SB12, s. 6 Section 6. 11.05 (3) (m) of the statutes is created to read:

SB12,12,8 11.05 (3) (m) In the case of a personal campaign committee, the name of the candidate on whose behalf the committee was formed or intends to operate and the office or offices that the candidate seeks.

SB12, s. 7 Section 7. 11.05 (3) (q) and (r) of the statutes are created to read:

SB12,12,13 11.05 (3) (q) If the committee, group or individual does not engage in or retain any other person to engage in persuasive telephoning, as defined in s. 11.095 (1) (a), a separate statement, signed by the same individual who signs the registration form, to this effect.

SB12,12,16 (r) In the case of a candidate or personal campaign committee of a candidate, the telephone number or numbers and the facsimile transmission number, if any, at which the candidate may be contacted.

SB12, s. 8 Section 8. 11.06 (1) (a) of the statutes is amended to read:

SB12,12,23 11.06 (1) (a) An itemized statement giving the date, full name and street address of each contributor who has made a contribution in excess of $20, or whose contribution if $20 or less aggregates more than $20 for the calendar year, together with the amount of the contribution and the cumulative total contributions made by that contributor for the calendar year and, if the contributor made the contribution through a conduit, the identity of the conduit.

SB12, s. 9 Section 9. 11.06 (11) (c) of the statutes is amended to read:

SB12,13,3 11.06 (11) (c) A contribution of money received from a conduit, accompanied by the information required under par. (a), is considered to be a contribution from the original contributor for purposes of s. 11.26 (1) and (4).

SB12, s. 10 Section 10. 11.095 of the statutes is created to read:

SB12,13,5 11.095 Regulation of certain telephoning activities. (1) In this section:

SB12,13,16 (a) "Persuasive telephoning" means contacting, by telephone, potential voters for the purpose of presenting them with information or viewpoints which could influence the attitudes of the voters toward candidates or referenda. "Persuasive telephoning" does not include any contacts that are limited solely to an attempt to identify potential voters, to urge potential voters to participate in an election or to offer assistance to potential voters to enable them to participate in an election, or questioning a random or representative sample of a universe of potential voters in a voting jurisdiction or voting group in an attempt to infer, using standard statistical techniques and standard levels of statistical confidence, the attitudes or positions of the voters concerning candidates or issues or potential candidates or issues, or their knowledge of candidates or issues or potential candidates or issues.

SB12,13,19 (b) "Telephone bank operator" means any person who places or directs the placement of telephone calls to individuals and engages in or directs persuasive telephoning.

SB12,13,24 (2) Each individual who, or committee or group which, engages in or retains a telephone bank operator to engage in persuasive telephoning with respect to any election shall provide to the board, upon request, a copy of any question that was asked by the individual, committee or group, or by the operator, in substantially identical form, of more than one individual during the telephoning.

SB12,14,12 (3) Each individual who, or committee or group which, engages in or retains a telephone bank operator to engage in persuasive telephoning with respect to any election shall file a written report, on a form prescribed by the board, disclosing the name and address of the individual, committee or group; the name and address of any operator who is retained; the amount paid to any such operator for the telephoning services; the total amount expended by the individual, committee or group to conduct persuasive telephoning; and, if the individual, committee or group engaged in or the telephone bank operator engaged in such telephoning on behalf of the individual, committee or group in more than one legislative district, the amount expended by the individual, committee or group within each legislative district for persuasive telephoning performed on behalf of each candidate or each personal campaign committee of a candidate for legislative office in that district.

SB12,14,18 (4) Each individual who, or committee or group which, engages in or retains a telephone bank operator to engage in persuasive telephoning shall report the information specified in sub. (3) on the dates specified for filing reports under s. 11.20 (2), (2m) and (4), unless all information relating to an election has previously been reported by the individual, committee or group. Each report shall cover the period specified in s. 11.20 (8).

SB12,14,23 (5) Each individual who, or committee or group which, engages in or retains a telephone bank operator to engage in persuasive telephoning shall report the information specified in sub. (3) to the filing officer under s. 11.02 of each candidate whose name appears on the ballot in opposition to a candidate on behalf of whom the individual, committee or group is conducting persuasive telephoning.

SB12,15,15 (6) Any individual who, or committee or group which, engages in or retains a telephone bank operator to engage in persuasive telephoning shall, prior to the time that the telephoning is to be commenced, or, if the telephoning is to be conducted in relation to an election that is scheduled to occur on a date within 3 days of the date that the telephoning is to be commenced, no later than 24 hours prior to the time that the telephoning is to be commenced, exclusive of Saturdays, Sundays and the days specified in s. 230.35 (4) (a), deliver a written report to the filing officer under s. 11.02 of each candidate whose name appears on the ballot in opposition to a candidate on behalf of whom the individual, committee or group intends to conduct persuasive telephoning, of the intent of the individual, committee or group to conduct such telephoning at a time specified in the report. The filing officer shall then, by expeditious means, such as by telephone or facsimile transmission, provide such notice to each candidate whose name appears on the ballot in opposition to a candidate on behalf of whom the individual, committee or group intends to conduct persuasive telephoning. The filing officer shall also promptly mail a copy of that notice to each such candidate at the address shown on the nomination papers or declaration of candidacy of the candidate.

SB12, s. 11 Section 11. 11.12 (6) of the statutes is renumbered 11.12 (6) (a) and amended to read:

SB12,16,12 11.12 (6) (a) If any Except as provided in par. (b), if an individual or committee incurs or intends to incur an obligation or makes or intends to make a disbursement of more than $20 $250 cumulatively is made to advocate the election or defeat of a clearly identified candidate by an individual or committee later than 15 days prior to a primary or election in which the candidate's name appears on the ballot without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or whose opponent is opposed, and not in concert with or at the request or suggestion of such a candidate, agent or committee, the individual or treasurer of the committee shall, within 24 hours of making no later than 21 days prior to the activity intended to be funded by the incurred obligation or disbursement, inform the appropriate filing officer of the information required under s. 11.06 (1) in such manner as the board may prescribe. The information shall also be included in the next regular report of the individual or committee under s. 11.20. For purposes of this subsection, obligations and disbursements cumulate beginning with the day after the last date covered on the preprimary or preelection report and ending with the day before the primary or election. Upon receipt of a report under this subsection paragraph, the filing officer shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom a an incurred obligation or disbursement identified in the report is to be made.

SB12, s. 12 Section 12. 11.12 (6) (b) of the statutes is created to read:

SB12,16,20 11.12 (6) (b) If the independently incurred obligation or disbursement described in par. (a) relates to a special primary or election not held concurrently with the spring or September primary or the spring or general election, the individual who or committee which incurs or intends to incur the obligation or makes or intends to make the disbursement shall inform the appropriate filing officer no later than 14 days prior to the activity intended to be funded by the incurred obligation or disbursement.

SB12, s. 13 Section 13. 11.19 (title) and (1) of the statutes are amended to read:

SB12,17,13 11.19 (title) Dissolution Carry-over of surplus funds; dissolution of registrants; termination reports. (1) Whenever any registrant disbands or determines that obligations will no longer be incurred, and contributions will no longer be received nor disbursements made during a calendar year, and the registrant has no outstanding incurred obligations, the registrant shall file a termination report with the appropriate filing officer. Such report shall indicate a cash balance on hand of zero at the end of the reporting period and shall indicate the disposition of residual funds. Residual Except as provided in sub. (1m), residual funds may be used for any political purpose not prohibited by law, returned to the donors in an amount not exceeding the original contribution, transferred to the board for crediting to the Wisconsin election campaign fund, or donated to a charitable organization or the common school fund. The report shall be filed and certified as were previous reports, and shall contain the information required by s. 11.06 (1). If a termination report or suspension report under sub. (2) is not filed, the registrant shall continue to file periodic reports with the appropriate filing officer, no later than the dates specified in s. 11.20. This subsection does not apply to any registrant making an indication under s. 11.05 (2r).

SB12, s. 14 Section 14. 11.19 (1m) and (6) of the statutes are created to read:

SB12,18,2 11.19 (1m) If the registration statement, under s. 11.05, of a personal campaign committee indicates that the committee was formed or operates for the purpose of influencing the election or nomination for election of a candidate who is a partisan state officeholder to any state or local office other than the office held by the candidate and, subsequently, the candidate or personal campaign committee files, under s. 11.05 (5), a change in the information in the registration statement indicating that the candidate is no longer seeking that other office, the candidate or personal campaign committee shall either return all contributions attributable to the candidate's campaign for the office no longer sought, minus disbursements and incurred obligations for that campaign, to the donors in an amount not exceeding their original contributions or donate an amount equal to any contributions not so returned, minus disbursement and incurred obligations for that campaign, to the board for crediting to the Wisconsin election campaign fund.

SB12,18,8 (6) No candidate or personal campaign committee of a candidate at the general election may retain beyond December 31 of an even-numbered year unencumbered contributions equal to more than 50% of the candidate's total disbursement level determined under s. 11.31 (1), adjusted as provided for under s. 11.31 (9). A candidate or treasurer of a personal campaign committee shall transfer excess contributions to the board for crediting to the Wisconsin election campaign fund.

SB12, s. 15 Section 15. 11.21 (15) of the statutes is amended to read:

SB12,18,16 11.21 (15) Inform each candidate who files an application to become eligible to receive a grant from the Wisconsin election campaign fund of the dollar amount of the applicable disbursement limitation under s. 11.31 (1), adjusted as provided under s. 11.31 (9), or under s. 11.31 (1m) which applies to the office for which such person is a that candidate, exclusive of any additional disbursements authorized under s. 11.31 (3m). Failure to receive the notice required by this subsection does not constitute a defense to a violation of s. 11.27 (1) or 11.31.

SB12, s. 16 Section 16. 11.24 (2) of the statutes is renumbered 11.24 (6).

SB12, s. 17 Section 17. 11.24 (2) (c) and (3) to (5) of the statutes are created to read:

SB12,18,21 11.24 (2) (c) A campaign contribution made by a lobbyist to a relative of the lobbyist or to a candidate who resides in the same household as the lobbyist is permitted on any date.

SB12,19,2 (3) No individual under the age of 18 years may make a contribution to any candidate, or any personal campaign committee or support committee authorized under s. 11.05 (3) (p) of a candidate, for election or nomination to any of the offices under s. 11.26 (1) (a) to (c) or 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.

SB12,19,10 (4) (a) No person may make a contribution to an incumbent partisan state elective official or to the personal campaign committee or support committee authorized under s. 11.05 (3) (p) of that official for the purpose of promoting that official's nomination or reelection to the office held by the official during the period beginning on the first Monday of January in each odd-numbered year and ending on the date of enactment of the biennial budget act, under s. 16.47, and thereafter during any legislative floorperiod, including any special or extraordinary session floorperiod.

SB12,19,15 (b) Notwithstanding par. (a), a person may make a contribution to an incumbent partisan state elective official against whom a recall petition has been filed during the period beginning on the date that the petition offered for filing is filed by the official under s. 9.10 (3) (b) and ending on the date of the recall election unless the official resigns at an earlier date under s. 9.10 (3) (c).

SB12,19,20 (5) No person may make a contribution to a legislative campaign committee during the period beginning on the first Monday of January in each odd-numbered year and ending on the date of enactment of the biennial budget act, under s. 16.47, and thereafter during any legislative floorperiod, including any special or extraordinary session floorperiod.

SB12, s. 18 Section 18. 11.26 (1) (intro.) of the statutes is amended to read:

SB12,20,2 11.26 (1) (intro.) No individual, except an individual serving 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, s. 19 Section 19. 11.26 (2) (intro.) of the statutes is amended to read:

SB12,20,10 11.26 (2) (intro.) No committee, including a committee serving as a conduit, other than a political party committee or legislative campaign committee , and no individual serving as a conduit may make or transfer 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, s. 20 Section 20. 11.26 (4) of the statutes is amended to read:

SB12,20,16 11.26 (4) No individual, except an individual serving as a conduit, 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.

SB12, s. 21 Section 21. 11.26 (9) (a) and (b) of the statutes are amended to read:

SB12,21,5 11.26 (9) (a) No individual who is a candidate for state or local office may receive and accept more than 65% of the value of the total disbursement level for candidates other than candidates challenging incumbent officeholders, as determined under s. 11.31 (1) and adjusted as provided under 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. A candidate for state office whose grant under s. 11.50 exceeds the contribution limitation authorized by this paragraph may exceed the contribution limitation otherwise applicable to the extent required to accept the full amount of the grant received by the candidate under s. 11.50, but any contributions received and accepted by such a candidate from committees other than the Wisconsin election campaign fund reduce the amount of the grant which the candidate may accept by an amount equal to such contributions.

SB12,21,12 (b) No individual who is a candidate for state or local office may receive and accept more than 45% 33% of the value of the total disbursement level for candidates other than candidates challenging incumbent officeholders, as determined under s. 11.31 (1) and adjusted as provided under 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.

SB12, s. 22 Section 22. 11.26 (9) (c) of the statutes is renumbered 11.26 (9) (c) 1. and amended to read:

SB12,21,16 11.26 (9) (c) 1. For purposes of pars. par. (a) and (b), a, "committee" includes the Wisconsin election campaign fund.

SB12, s. 23 Section 23. 11.26 (9) (c) 2. of the statutes is created to read:

SB12,21,19 11.26 (9) (c) 2. For the purposes of pars. (a) and (b), "committee" includes an individual who or a committee which is a conduit.

SB12, s. 24 Section 24. 11.26 (9m) of the statutes is created to read:

SB12,22,7 11.26 (9m) Notwithstanding sub. (9), if a candidate is opposed or a candidate's opponent is supported by an individual or committee incurring obligations or making disbursements exceeding $250 cumulatively without cooperation or consultation with any candidate who is supported or who benefits from the obligation or disbursement, or with such a candidate's agent or authorized committee, and not in concert with, or at the request or suggestion of, any such candidate, agent or authorized committee, then the candidate may receive and accept from political party or legislative campaign committees additional contributions which, cumulatively, may not exceed the cumulative amount of incurred obligations and disbursements not previously reported as incurred obligations that are reported by the individual or committee under s. 11.12 (6). For the purposes of this subsection, obligations and disbursements cumulate as provided in s. 11.12 (6) (a).

SB12, s. 25 Section 25. 11.26 (12m) of the statutes is amended to read:

SB12,22,11 11.26 (12m) For purposes of this section subs. (1) and (4), a contribution of money received from a conduit identified in the manner prescribed in s. 11.06 (11) (a) shall be considered a contribution received from the original contributor.

SB12, s. 26 Section 26. 11.31 (1) (a) to (d), (e) and (f) of the statutes are amended to read:

SB12,22,13 11.31 (1) (a) Candidates for governor, $1,078,200 $2,000,000.

SB12,22,14 (b) Candidates for lieutenant governor, $323,475 $250,000.

SB12,22,15 (c) Candidates for attorney general, $539,000 $700,000.

SB12,22,17 (d) Candidates for secretary of state, state treasurer, justice or state superintendent, $215,625 $250,000.

SB12,22,19 (e) Candidates for state senator, $34,500 total in the primary and election, with disbursements not exceeding $21,575 for either the primary or the election $80,000.

SB12,22,22 (f) Candidates for representative to the assembly, $17,250 total in the primary and election, with disbursements not exceeding $10,775 for either the primary or the election $40,000.

SB12, s. 27 Section 27. 11.31 (1m) of the statutes is created to read:

SB12,23,2 11.31 (1m) Disbursement level for challengers. Notwithstanding sub. (1), if an incumbent officeholder seeks reelection, the disbursement level under sub. (1) for any other candidate for the same office is increased to 125% of the amount specified in sub. (1), adjusted as provided under sub. (9).

SB12, s. 28 Section 28. 11.31 (2) of the statutes is amended to read:

SB12,23,18 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) or (1m), whichever is applicable, 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. 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) or (1m), whichever is applicable, 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.