SB12: Bill Text

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.

SB12, s. 29 Section 29. 11.31 (3) of the statutes is amended to read:

SB12,23,25 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 under sub. (9), and reallocate the total level between them. The candidates shall each inform the board of any such agreement.

SB12, s. 30 Section 30. 11.31 (3m) of the statutes is repealed and recreated to read:

SB12,24,17 11.31 (3m) Independent disbursements; exception. Notwithstanding subs. (1), (1m) and (2), if any incurred obligation or disbursement of more than $250 cumulatively is incurred or made by an individual or committee to advocate the election or defeat of a clearly identified candidate whose name appears on the ballot at an election and the incurred obligation or disbursement is incurred or made without cooperation or consultation with any candidate who is supported or who benefits from the obligation or disbursement or 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 each candidate whose name appears on the same ballot and who is opposed or whose opponent is supported by that advocacy may make or authorize total disbursements from the campaign treasury in excess of the amount prescribed in sub. (1) or (1m) but not to exceed the amount prescribed in sub. (1) or (1m) plus the total amount of incurred obligations and disbursements not previously reported as incurred obligations that are reported to the appropriate filing officer 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. 31 Section 31. 11.31 (4) of the statutes is repealed.

SB12, s. 32 Section 32. 11.31 (9) of the statutes is created to read:

SB12,24,23 11.31 (9) Cost-of-living adjustment. (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.

SB12,25,10 (b) The dollar amounts of all disbursement limitations specified in sub. (1) shall be subject to a biennial 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 the base period, calendar year 1995. The board shall increase the disbursement limitations specified under sub. (1) by such amount each biennium, 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 (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without a finding of emergency.

SB12, s. 33 Section 33. 11.50 (1) (a) 1. and 2. of the statutes are amended to read:

SB12,25,20 11.50 (1) (a) 1. With respect to a spring or general election, any individual who is certified under s. 7.08 (2) (a) as a candidate in the spring election for justice or state superintendent, or an any individual who receives at least 6% of the vote cast for all candidates on all ballots for any state office, except district attorney, for which the individual is a candidate at the September primary and who is certified under s. 7.08 (2) (a) as a candidate for that any state office, except district attorney, in the general election, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at the spring or general election; and who has qualified for a grant under sub. (2).

SB12,26,15 2. With respect to a special election, an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for state superintendent, or an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for any state office, except district attorney, on the ballot or column of a party whose candidate for the same office at the preceding general election received at least 6% of the vote cast for all candidates on all ballots for the office, or an individual who has been lawfully appointed and certified to replace either such an individual on the ballot at a special election, or an individual who receives at least 6% of the vote cast for all candidates on all ballots for any state office, except district attorney, at a partisan special election; and who qualifies for a grant under sub. (2). Where the boundaries of a district in which an individual seeks office have been changed since the preceding general election such that it is not possible to calculate the exact number of votes that are needed by that individual to qualify as an eligible candidate prior to an election under this subdivision, the number of votes cast for all candidates for the office at the preceding general election in each ward, combination of wards or municipality which is wholly contained within the boundaries of the newly formed district shall be calculated. If the candidate of the political party on whose ballot or column the individual appears in the newly formed district obtained at least 6% of the number of votes calculated, the individual is deemed to qualify as an eligible candidate prior to the election under this subdivision.

SB12, s. 34 Section 34. 11.50 (2) (b) 5. of the statutes is amended to read:

SB12,27,17 11.50 (2) (b) 5. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received at least the amount provided in this subdivision, from contributions of money, other than loans, made by individuals who reside in this state, which have been received during the period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding such date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days preceding such date or the date a special election is ordered, whichever is earlier, in the case of special election candidates, which contributions are in the aggregate amount of $100 or less, and which are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall may not be considered as a contribution made by the an individual for the purpose of qualifying for a grant under this subdivision. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5% of the candidate's authorized disbursement limitation for candidates other than candidates challenging incumbent officeholders, as determined under s. 11.31 . For (1) and adjusted as provided under s. 11.31 (9). Except as provided in par. (bm), for any other candidate at the general election, the required amount to qualify for a grant is 10% of the candidate's authorized disbursement limitation for candidates other than candidates challenging incumbent officeholders, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9).

SB12, s. 35 Section 35. 11.50 (2) (bm) of the statutes is created to read:

SB12,28,4 11.50 (2) (bm) 1. The board shall approve an application of an eligible candidate for whom the required amount to qualify for a grant under par. (b) 5. is 10% of the candidate's authorized disbursement level under s. 11.31 if the candidate meets the requirements of par. (b) 1. to 4. and the candidate receives contributions described under par. (b) 5. during the applicable time period, as indicated by the reports filed as of the dates specified under par. (b) 5., in an amount equal to at least 5% but less than 10% of the candidate's authorized disbursement limitation under s. 11.31. Except as provided in subd. 2., the amount of the grant available to a candidate whose application is approved under this subdivision is equal to 50% of the amount of the grant that would have been available to the candidate if his or her application had been approved under par. (b).

SB12,28,13 2. If, as of 21 days after the date specified in par. (b) 5., a supplemental financial report is filed by or on behalf of a candidate who qualifies for a grant under subd. 1. that indicates that the candidate received the required amount of contributions under par. (b) 5. during the period described under par. (b) 5. plus the immediately following 14 days, then the candidate shall be eligible for a supplemental grant equal to 50% of the amount of the grant that would have been available to the candidate if his or her application had been approved under par. (b). All information included in a supplemental report under this subdivision shall also be included in the candidate's next report under s. 11.20.

SB12, s. 36 Section 36. 11.50 (2) (c) and (d) of the statutes are amended to read:

SB12,29,2 11.50 (2) (c) If a candidate has not filed financial reports as of the date of the spring primary, September primary, special primary, or date that the special primary would be held, if required, which indicate that he or she has met the qualification under par. (b) 5. or (bm) 1., the candidate may file a special report with the board. Such report shall be filed not later than the 7th day after the primary, or 7th day after the date the primary would be held, if required, and shall include such supplementary information as to sources of contributions which may be necessary to complete the candidate's qualification. The special report shall cover the period from the day after the last date covered on the candidate's most recent report, or from the date on which the first contribution was received or the first disbursement was made, whichever is earlier, if the candidate has not previously filed a report, to the date of such report. All information included on the special report shall also be included in the candidate's next report under s. 11.20.

SB12,29,6 (d) For purposes of qualification under par. (b) 4. and 5. or (bm), the financial reports of a former candidate are considered to be same as if filed by the candidate who is lawfully appointed to replace such candidate whenever a vacancy after nomination occurs.

SB12, s. 37 Section 37. 11.50 (2) (f) of the statutes is amended to read:

SB12,29,14 11.50 (2) (f) The board shall inform each candidate in writing of the approval or disapproval of the candidate's application, as promptly as possible after the date of the spring primary, September primary, special primary, or date that the primary would be held, if required. With respect to a candidate at a special election who applies for a postelection grant under sub. (1) (a) 2., the board shall inform the candidate in writing of the conditional approval or disapproval of the candidate's application at the same time.

SB12, s. 38 Section 38. 11.50 (2) (i) of the statutes is amended to read:

SB12,30,2 11.50 (2) (i) Notwithstanding par. (g), if an eligible candidate at the spring election or a special nonpartisan any election who accepts a grant is opposed by one or more candidates in the election, or if an eligible candidate at the general election or a special partisan election who accepts a grant is opposed by one or more candidates in the election who receive at least 6% of the vote cast for all candidates for the same office on all ballots at the September primary or a special partisan primary if a primary was held, and in either case if any such opponent of the eligible candidate who does not accept a grant under this section in whole or in part, the eligible candidate is not bound by the pledge made in his or her application to adhere to the contribution limitations prescribed in s. 11.26 (10) and the disbursement limitation prescribed under s. 11.31, unless each such opponent files an affidavit of voluntary compliance under s. 11.31 (2m).

SB12, s. 39 Section 39. 11.50 (2m) of the statutes is created to read:

SB12,30,8 11.50 (2m) Public Information. (a) Annually, no later than August 15, the board may notify the state treasurer that an amount not exceeding 5% of the amount transferred to the fund in that year shall be placed in a public information account. Moneys in this account shall be expended by the board for the purpose of providing public information concerning the purpose and effect of s. 71.10 (3) and this section.

SB12,30,12 (b) As part of the public information program under par. (a), the board shall prepare an easily understood description of the purpose and effect of s. 71.10 (3) and this section. The department of revenue shall include and highlight the description in its income tax preparation instructions relating to s. 71.10 (3).

SB12,30,14 (c) Any amount placed in the public information account that is not expended by the board in any year shall be retained in that account.

SB12, s. 40 Section 40. 11.50 (3) (a) (intro.) of the statutes is amended to read:

SB12,30,18 11.50 (3) (a) (intro.) Annually on August 15, Immediately after apportionment under sub. (2m), the state treasurer shall annually apportion all moneys appropriated to the fund shall be apportioned as follows by the state treasurer:

SB12, s. 41 Section 41. 11.50 (3) (a) 1. and 2. of the statutes are amended to read:

SB12,30,23 11.50 (3) (a) 1. If an election for state superintendent is scheduled in the following year, 8% of the fund shall be placed in a superintendency account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer, except as provided in sub. (9) (b).

SB12,31,2 2. If an election for justice is scheduled in the following year, 8% of the fund shall be placed in a supreme court account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer, except as provided in sub. (9) (b).

SB12, s. 42 Section 42. 11.50 (4) (c), (cm) and (d) of the statutes are amended to read:

SB12,31,10 11.50 (4) (c) The legislative and special election campaign account shall be divided into a senate campaign account to receive 25% of the moneys, and an assembly campaign account to receive 75% of the moneys. Each account shall then be apportioned between all eligible candidates for the same office in the entire state, based on the assumption that all candidates who are eligible under sub. (2) (bm) 1. will also be eligible under sub. (2) (bm) 2. No apportionment shall be made by legislative district.

SB12,31,20 (cm) Each Except as provided in subs. (2) (bm) and (9) (b), each eligible candidate for the same office at a special election shall receive an equal amount, which amount shall be equivalent to the maximum grant which was payable to any candidate for that office at the most recent spring or general election. The amount shall be drawn from the senate campaign account and the assembly campaign account in the same proportions as the balance in each account bears to the total balance in both accounts at the time that payments are made. Whenever there are insufficient moneys in the senate campaign account and the assembly campaign account to make the payments required by this paragraph, payments shall be appropriately reduced or discontinued by the board.

SB12,31,25 (d) Within Except as provided in sub. (9) (b), within the accounts established under this subsection for each office at each general election, the entire amount of all available moneys shall be apportioned equally to all eligible candidates, based on the assumption that all candidates who are eligible under sub. (2) (bm) 1. will also be eligible under sub. (2) (bm) 2.

SB12, s. 43 Section 43. 11.50 (6) of the statutes is amended to read: