SB612: Bill Text

LRB-5569/1

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1995 - 1996 LEGISLATURE

1995 Senate BILL 612

March 7, 1996 - Introduced by Senators Clausing, Chvala, Shibilski, C. Potter, Risser, Burke, Moen, Grobschmidt, Jauch, Andrea, Decker, Breske and Wineke. Referred to Committee on State Government Operations and Corrections.

SB612,1,6 An Act to repeal 11.26 (1) (a) to (d) and 11.26 (2) (a) to (e); to renumber and amend 11.26 (1) (intro.) and 11.26 (2) (intro.); to amend 11.26 (5), 11.26 (10) and 11.50 (2) (b) 5.; and to create 11.31 (5m) of the statutes; relating to: limitations upon contributions to candidates for state or local office and imposition of disbursement limitations upon individuals and committees making independent disbursements.

Analysis by the Legislative Reference Bureau

Currently, individuals and committees making political contributions to candidates for state or local office are subject to limitations on the amount or value of any contribution or contributions that may be made cumulatively to any candidate in a campaign. The limitations vary from $10,000 in the case of an individual making a contribution to a candidate for statewide office to $250 in the case of an individual making a contribution to a candidate for certain local offices, and from $43,238 in the case of a committee making a contribution to a candidate for governor to $200 in the case of a committee making a contribution to a candidate for certain local offices. This bill replaces all these limitations with a contribution limitation of $100 applicable to an individual or committee making any contribution or contributions cumulatively to any candidate for state or local office, per campaign.

Currently, an individual or committee making expenditures to advocate the election or defeat of a candidate in an election independently of any candidate or personal campaign committee is not subject to any limitation upon the amount of expenditures that may be made. The bill imposes a limitation upon such expenditures of $100 per candidate per campaign.

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

SB612, s. 1 Section 1. 11.26 (1) (intro.) of the statutes is renumbered 11.26 (1) and amended to read:

SB612,2,7 11.26 (1) No individual may make any contribution or contributions to a candidate for election or nomination to any of the following offices state or local office 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 $100 per candidate:.

SB612, s. 2 Section 2. 11.26 (1) (a) to (d) of the statutes are repealed.

SB612, s. 3 Section 3. 11.26 (2) (intro.) of the statutes is renumbered 11.26 (2) and amended to read:

SB612,2,16 11.26 (2) No committee other than a political party committee or legislative campaign committee may make any contribution or contributions to a candidate for election or nomination to any of the following offices state or local office 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 $100 per candidate:.

SB612, s. 4 Section 4. 11.26 (2) (a) to (e) of the statutes are repealed.

SB612, s. 5 Section 5. 11.26 (5) of the statutes is amended to read:

SB612,3,4 11.26 (5) The contribution limits provided in subs. (1) and (4) do not apply to a candidate who makes any contribution or contributions to his or her own campaign for office 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, with respect to any contribution or contributions made to that candidate's campaign only. A candidate's personal contributions shall be deposited in his or her campaign depository account and reported in the normal manner.

SB612, s. 6 Section 6. 11.26 (10) of the statutes is amended to read:

SB612,3,21 11.26 (10) 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% of the amounts amount 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, 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, 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 to contribute more than the amount specified to the candidate's own campaign, up to the amount of the limitation.

SB612, s. 7 Section 7. 11.31 (5m) of the statutes is created to read:

SB612,4,2 11.31 (5m) Independent disbursements. No individual, other than a candidate, and no committee, other than a personal campaign committee, may make disbursements, which are to be used to advocate the election or defeat of any clearly identified candidate in an election, exceeding $100 in amount or value per candidate per campaign.

SB612, s. 8 Section 8. 11.50 (2) (b) 5. of the statutes is amended to read:

SB612,5,2 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, 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 be considered a contribution made by the individual. 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 the office identified in s. 11.26 (1) (a) of governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice or a any candidate at a special election, the required amount to qualify for a grant is 5% of the candidate's authorized disbursement limitation under s. 11.31. 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 under s. 11.31.

SB612,5,3 (End)