AP8 SB1: Bill Text

SB1,53,22 11.50 (2) (g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the contribution limitations prescribed in s. 11.26 and the disbursement limitations imposed under s. 11.31 (2), as adjusted under s. 11.31 (9), as binding upon himself or herself and his or her agents during the campaign of that candidate as defined in s. 11.31 (7), as a precondition to receipt of a grant under this section, unless except that the candidate is not required to comply with s. 11.26 (10) or 11.31 (2) if the board determines that the candidate is not eligible to receive a grant, the candidate withdraws the application under par. (h), or par. (i) or s. 11.31 (3n) applies.

SB1, s. 89 Section 89. 11.50 (2) (i) of the statutes is amended to read:

SB1,54,15 11.50 (2) (i) Notwithstanding par. (g), if an eligible candidate at the spring election or a special nonpartisan election who accepts a grant is opposed by one or more candidates in the election, or if an eligible candidate for an office 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 of a political party whose candidate for that office received at least 6% of the vote cast for all candidates for the same that office on all ballots at the September primary or a at the most recent general election at which that office was filled or if an eligible candidate of a special partisan election who accepts a grant is opposed by one or more candidates in the election who received at least 6% of the vote cast for all candidates for the same office at the special partisan primary if a primary was held, and in either case if any such opponent of the eligible candidate 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 limitation prescribed in s. 11.26 (10) and the disbursement limitation prescribed imposed under s. 11.31, unless each such opponent files an affidavit of voluntary compliance under s. 11.31 (2m) (2), as adjusted under s. 11.31 (9).

SB1, s. 90 Section 90. 11.50 (3) (a) 1. of the statutes is amended to read:

SB1,54,22 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 A grant equal amount to 50% of the balance in this account shall be disbursed by the state treasurer from this account to the campaign depository account of each eligible candidate by the state treasurer for the office of state superintendent, except as provided in subd. 3m.

SB1, s. 91 Section 91. 11.50 (3) (a) 2. of the statutes is amended to read:

SB1,55,4 11.50 (3) (a) 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 A grant equal amount to 50% of the balance in this account shall be disbursed by the state treasurer from this account to the campaign depository account of each eligible candidate by the state treasurer for the office of justice, except as provided in subd. 3m.

SB1, s. 92 Section 92. 11.50 (3) (a) 3. of the statutes is renumbered 11.50 (3) (a) 4.

SB1, s. 93 Section 93. 11.50 (3) (a) 3m. of the statutes is created to read:

SB1,55,12 11.50 (3) (a) 3m. If, at any election, after apportionment under subds. 1. and 2., there are remaining moneys in either account under subd. 1. or 2., 50% of the remaining moneys shall be redistributed to all eligible candidates for the offices specified in subds. 1. and 2. at that election, in the same proportion as the initial amounts of their grants bear to the total amount of grants distributed to all eligible candidates for the offices specified in subds. 1. and 2.

SB1, s. 94 Section 94. 11.50 (4) (b) (intro.) of the statutes is amended to read:

SB1,55,17 11.50 (4) (b) (intro.) The Except as provided in par. (bm), the executive campaign account shall be divided into accounts for each executive office as provided in this paragraph. The apportionment of moneys in the executive campaign account shall be made as follows:

SB1, s. 95 Section 95. 11.50 (4) (bm) of the statutes is created to read:

SB1,55,24 11.50 (4) (bm) If, at any election, after apportionment under par. (b), there are remaining moneys in any account under par. (b) 1. to 5., the remaining moneys shall be returned to the executive campaign account and shall be redistributed to all eligible candidates for the offices specified in par. (b), in the same proportion as the initial amounts of their grants bear to the total amount of grants distributed to all eligible candidates for the offices specified in par. (b).

SB1, s. 96 Section 96. 11.50 (8) of the statutes is amended to read:

SB1,56,12 11.50 (8) Lapsing grants. All grants disbursed under sub. (5) remain the property of the state until disbursed or encumbered for a lawful purpose. All grant moneys and all other income received by a candidate that are unspent and unencumbered by a the candidate on the day after the election in which the candidate participates shall revert to the state, up to the total amount of the grant received by that candidate. All deposits and refunds derived from grant moneys that are received by a candidate at any time after the day of the election in which the candidate participates shall revert to the state to the extent that the deposits and refunds, when combined with other unencumbered moneys in the campaign depository account of that candidate, do not exceed the amount of the grant received by that candidate. All reversions shall be returned to the board by the candidate and shall be deposited in the fund.

SB1, s. 97 Section 97. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) (intro.) and amended to read:

SB1,56,21 11.50 (9) (a) (intro.) The total grant available to an eligible candidate may not exceed 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 disbursement level specified for the applicable office under s. 11.31. the following amount, plus any amount redistributed to the candidate under sub. (3) or (4), subject to applicable limitations under ss. 11.26 (9) and 11.31 (2), as adjusted under s. 11.31 (9):

SB1,57,2 (b) The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 (2), as adjusted under s. 11.31 (9), are not exceeded and any violation is reported. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.

SB1, s. 98 Section 98. 11.50 (9) (a) 1. to 7. of the statutes are created to read:

SB1,57,4 11.50 (9) (a) 1. For a candidate for the office of governor, $875,000.

SB1,57,5 2. For a candidate for the office of lieutenant governor, $281,250.

SB1,57,6 3. For a candidate for the office of attorney general, $187,500.

SB1,57,7 4. For a candidate for the office of justice, $100,000.

SB1,57,9 5. For a candidate for the office of state superintendent, secretary of state or state treasurer, $87,500.

SB1,57,10 6. For a candidate for the office of state senator, $35,000.

SB1,57,11 7. For a candidate for the office of representative to the assembly, $15,000.

SB1, s. 99 Section 99. 11.50 (9a) of the statutes is created to read:

SB1,57,14 11.50 (9a) Adjustment of maximum initial grant amounts. (a) In this subsection:

SB1,57,17 1. "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 federal department of labor.

SB1,57,20 2. "Voting age population of this state" means the voting age population of this state, as determined by the federal election commission in its most recent determination prior to the date of any calculation under this subsection.

SB1,58,12 (b) The dollar amounts of all maximum initial grant amounts specified in sub. (9) (a) 1. to 7. shall be subject to a biennial 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 voting age population of this state on December 31 of each odd-numbered year and the voting age population of this state on December 31, 1997. The board shall then 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 1997. For each biennium, the board shall first multiply the disbursement levels by the percentage difference in the voting age populations. The board shall then multiply that product by the percentage difference in the consumer price indices. The board shall adjust the maximum initial grant amounts specified in sub. (9) to substitute that result for the existing amounts to the extent required to reflect any difference, rounded to the nearest multiple of $25, which amounts 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.

SB1, s. 100 Section 100. 11.50 (10m) (title) of the statutes is amended to read:

SB1,58,14 11.50 (10m) (title) Return of grants prior to election.

SB1, s. 101 Section 101. 11.50 (11) (d) of the statutes is amended to read:

SB1,58,19 11.50 (11) (d) No person may expend, authorize the expenditure of or incur any obligation to expend a grant or other contribution any moneys in the campaign depository account of a candidate after the date of any election where the moneys contained in such contribution are returnable to the state under sub. (8).

SB1, s. 102 Section 102. 11.50 (11) (e) of the statutes is amended to read:

SB1,58,24 11.50 (11) (e) No candidate may expend, authorize the expenditure of or incur any obligation to expend any grant if he or she violates the pledge required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h) or (i) or s. 11.31 (3n).

SB1, s. 103 Section 103. 11.50 (12) of the statutes is amended to read:

SB1,59,8 11.50 (12) Proof of payment. No later than the next due date for continuing reports under s. 11.20 (4) which occurs at least 30 days after an election in which a candidate receives a grant, or no later than 30 days after each special election in which a candidate receives a grant, whichever is earlier, the candidate or his or her campaign treasurer shall deliver or transmit to the board by 1st class mail, sufficient proof of payment for all disbursements made from grants distributed under this section. This subsection does not restrict the authority of the board to audit records under ss. 5.05 (2) and 13.94 (1) (k).

SB1, s. 104 Section 104. 11.51 of the statutes is created to read:

SB1,59,20 11.51 Public grants to candidates for county and 1st class city offices. The board of supervisors of any county or the common council of any city of the 1st class may, by ordinance, provide appropriations to pay for any lawful disbursements made by a candidate for county or city office, respectively. The ordinance may impose reasonable qualifications for candidates to receive funding from the county or city. The ordinance may require any candidate, as a condition precedent to receipt of funding, to make no disbursements or contributions to his or her own campaign for office exceeding an aggregate amount or value specified in or under the ordinance. The ordinance may provide for a civil penalty for any violation of the ordinance or an agreement entered into under the ordinance not exceeding the penalty that would apply for the same offense under s. 11.60.

SB1, s. 105 Section 105. 11.60 (1) to (3) of the statutes are amended to read:

SB1,59,23 11.60 (1) Any person, including any committee or group, who violates this chapter may be required to forfeit not more than $500 $1,500 for each violation.

SB1,60,3 (2) In addition to the penalty under sub. (1), any person, including any committee or group, who is delinquent in filing a report required by this chapter may be required to forfeit not more than $50 $150 or one percent 3% of the annual salary of the office for which the candidate is being supported or opposed, whichever is greater, for each day of delinquency.

SB1,60,7 (3) Notwithstanding sub. (1), any person, including any committee or group, who makes any contribution in violation of this chapter may be required to forfeit treble 9 times the amount of the contribution or portion thereof which is illegally contributed.

SB1, s. 106 Section 106. 11.61 (1) of the statutes is amended to read:

SB1,60,11 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 $30,000 or imprisoned for not more than 3 9 years or both.

SB1,60,16 (b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where the intentional violation does not involve a specific figure, or where the intentional violation concerns a figure which exceeds $100 in amount or value may be fined not more than $10,000 $30,000 or imprisoned for not more than 3 9 years or both.

SB1,60,21 (c) Whoever intentionally violates any provision of this chapter other than those provided in par. (a) and whoever intentionally violates any provision under par. (b) where the intentional violation concerns a specific figure which does not exceed $100 in amount or value may be fined not more than $1,000 $3,000 or imprisoned for not more than 6 months one year in the county jail or both.

SB1, s. 107 Section 107. 13.90 (1) (m) of the statutes is created to read:

SB1,60,25 13.90 (1) (m) In cooperation with the governor, propose the creation of a bipartisan committee to study campaign finance reform whenever changing electoral dynamics and campaign finance technology demand such action.

SB1, s. 108 Section 108. 14.019 (6) of the statutes is created to read:

SB1,61,5 14.019 (6) Study of campaign finance reform. The governor shall, in cooperation with the legislature, exercise his or her authority under sub. (1) to create a bipartisan committee to study campaign finance reform whenever changing electoral dynamics and campaign finance technology demand such action.

SB1, s. 109 Section 109. 14.58 (20) of the statutes is amended to read:

SB1,61,9 14.58 (20) (title) Election campaign system fund. Make disbursements to each candidate certified under s. 7.08 (2) (c) or (cm) by the elections board as eligible to receive moneys from the Wisconsin clean election campaign system fund.

SB1, s. 110 Section 110. 15.61 of the statutes is amended to read:

SB1,61,25 15.61 Elections board; creation. There is created an elections board consisting of persons who shall be 8 members appointed by the governor for 2-year 4-year terms as follows: one member selected by the governor; one member each designated by the chief justice of the supreme court, the speaker of the assembly, the senate majority leader, and the minority leader in each house of the legislature, and the chief officer of each political party qualifying for a separate ballot under s. 5.62 (1) (b) or (2) whose candidate for governor received at least 10% of the vote in the most recent gubernatorial election and 3 nonpartisan members. Each of the nonpartisan members shall be nominated by the governor and with the advice and consent of the senate appointed. No nonpartisan member may hold any other office or employment in the government of this state or any political subdivision thereof. No nonpartisan member, for one year immediately prior to the date of appointment, may have been, or while serving on the board may become, a member of a political party, an officer or member of a committee in any partisan political club or organization or a candidate for any partisan elective public office.

SB1, s. 111 Section 111. 19.42 (10) (a) of the statutes is amended to read:

SB1,62,3 19.42 (10) (a) A member of the elections board whose appointment is not subject to confirmation by the senate.

SB1, s. 112 Section 112. 20.510 (1) (q) of the statutes is amended to read:

SB1,62,8 20.510 (1) (q) (title) Wisconsin clean election campaign system fund. As a continuing appropriation, from the Wisconsin clean election campaign system fund, the moneys determined under s. 11.50 to provide for payments to eligible candidates certified under s. 7.08 (2) (c).

SB1, s. 113 Section 113. 20.855 (4) (b) of the statutes is amended to read:

SB1,62,12 20.855 (4) (b) (title) Election campaign fund payments. A sum sufficient equal to the amounts determined under s. 71.10 (3) to be paid into the Wisconsin clean election campaign system fund annually on August 15.

SB1, s. 114 Section 114. 25.17 (1) (ys) of the statutes is amended to read:

SB1,62,14 25.17 (1) (ys) Wisconsin clean election campaign system fund (s. 25.42);

SB1, s. 115 Section 115. 25.42 of the statutes is amended to read:

SB1,62,21 25.42 (title) Wisconsin clean election campaign system fund. All moneys appropriated under s. 20.855 (4) (b) together with all moneys reverting to the state under s. 11.50 (8) and all gifts, bequests and devises received under s. 11.50 (13) constitute the Wisconsin clean election campaign system fund, to be expended for the purposes of s. 11.50. All moneys in the fund not disbursed by the state treasurer shall continue to accumulate indefinitely.

SB1, s. 116 Section 116. 71.10 (3) (a) of the statutes is amended to read:

SB1,63,2 71.10 (3) (a) Every individual filing an income tax return who has a tax liability or is entitled to a tax refund may designate $1 for the Wisconsin clean election campaign system fund for the use of eligible candidates under s. 11.50. If the individuals filing a joint return have a tax liability or are entitled to a tax refund, each individual may make a designation of $1 under this subsection.

SB1, s. 117 Section 117. 227.03 (6m) of the statutes is created to read:

SB1,63,5 227.03 (6m) Cases before the division of hearings and appeals under s. 5.065 are not subject to this chapter.

SB1, s. 118 Section 118. 227.43 (1) (bz) of the statutes is created to read:

SB1,63,11 227.43 (1) (bz) Assign a hearing examiner, to be known as an election examiner, to preside over any case arising as a result of a petition filed with the division under s. 5.065. The division shall ensure that a sufficient number of examiners is available to promptly respond to petitions filed under s. 5.065 during the period preceding any election.

SB1, s. 119 Section 119. 227.52 (8) of the statutes is created to read:

SB1,63,14 227.52 (8) The decisions of the division of hearings and appeals of the department of administration under s. 5.065.

SB1, s. 120 Section 120. Nonstatutory provisions.

SB1,64,4 (1) Initial terms of office. Notwithstanding section 15.61, 1995 stats., and section 15.61 of the statutes, as affected by this act, the members of the elections board who are serving on the effective date of this subsection may continue to hold office until all members of the elections board who are initially appointed under this act are appointed and qualified, at which time the members who are serving on the effective date of this subsection shall cease to hold office. Notwithstanding section 15.61 of the statutes, as affected by this act, of the members of the elections board who are initially appointed under this act, the designees of the speaker of the assembly and the assembly minority leader shall serve for terms expiring on May 1, 1999, the designees of the senate majority leader and the senate minority leader shall serve for terms expiring on May 1, 2001, and the appointee of the governor shall serve for a term expiring on May 1, 1999; and of the remaining members, the governor shall designate one to serve for a term expiring on May 1, 1999, and 2 to serve for terms expiring on May 1, 2001.

SB1,64,11 (2) Study of campaign finance law enforcement. The joint legislative council is requested to review the process for detecting and penalizing violations of the state campaign finance law, with a view to detecting violations quickly and punishing violators firmly in order to promote full confidence in the election system of this state. If the council undertakes such a review, the council is requested to report its findings, conclusions and recommendations, together with any proposed legislation, to the 1999 legislature when it convenes.

SB1, s. 121 Section 121. Appropriation changes.

SB1,64,17 (1) Division of hearings and appeals. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of administration under section 20.505 (4) (f) of the statutes, as affected by the acts of 1997, the dollar amount is increased by $-0- for fiscal year 1998-99 to increase funding for the purpose for which the appropriation is made.

SB1, s. 122 Section 122. Initial applicability.

SB1,64,23 (1) The treatment of sections 8.35 (4) (d), 11.05 (13), 11.06 (3m) (c), (3r) (c), (3w) (c), (4) (b), (5) and (11) (a), 11.09 (3), 11.12 (4), (5) and (6), 11.19 (1), 11.20 (1) and (7), 11.21 (16), 11.23 (4) and (6), 11.38 (1) (a) 2. and (8) (b) and 11.50 (2) (c) and (12) of the statutes first applies with respect to campaign finance reports that are required to be filed after June 30, 1999.

SB1,65,3 (2) The treatment of sections 11.31 (9) and 11.50 (9a) of the statutes first applies to adjustment of disbursement limitations and maximum grant amounts for the biennium beginning on January 1, 2000.

SB1,65,4 (End)