AB950: Bill Text

AB950,27,9 (3) No eligible candidate or agent of an eligible candidate may make any disbursement by any other means other than through the use of the fair election debit card. No such candidate or agent may utilize a fair election debit card to obtain cash, except that cash amounts of $100 or less may be drawn on the fair election debit card and used to make disbursements of no more than $25. A candidate shall maintain records of all such disbursements and shall report such disbursements to the board in accordance with s. 11.506.

AB950,27,12 11.516 Administration. Except as otherwise specifically provided in ss. 11.501 to 11.522, the duties of and authority for administering and enforcing ss. 11.501 to 11.522 are vested in the board.

AB950,27,16 11.517 Penalties; enforcement. (1) If an eligible candidate makes disbursements which exceed the public financing benefit allocated to the candidate for any campaign, the candidate may be required to forfeit not more than 10 times the amount by which the disbursements exceeded the allocation.

AB950,27,19 (2) Any eligible candidate who accepts contributions in excess of any limitation imposed under ss. 11.502 to 11.522 may be required to forfeit not more than 10 times the amount by which the contributions exceed the applicable limitation.

AB950,28,2 (3) If the board finds that there is probable cause to believe that a candidate has made excess disbursements or has accepted excess contributions contrary to sub. (1) or (2), the board shall attempt for a period of not more than 14 days after its finding to correct the matter by informal methods of conference and conciliation and to enter into a settlement and conciliation agreement under s. 5.05 (1) (c) with the person involved. A settlement and conciliation agreement made pursuant to this subsection shall be a matter of public record. Unless violated, a settlement and conciliation agreement is a bar to any civil action under sub. (4).

AB950,28,10 (4) If the board has probable cause to believe that a candidate has made excess disbursements or has accepted excess contributions and the board is unable to correct the matter by informal methods within the time prescribed in sub. (3), the board shall make a public finding of probable cause in the matter. After making a public finding, the board shall bring an action in the circuit court for Dane County or, in the case of a candidate for legislative office, in the circuit court for any county any portion of which is contained within the district in which the candidate seeks office, to impose a forfeiture under sub. (1) or (2).

AB950,28,17 (5) If an elector believes that a candidate has violated ss. 11.502 to 11.522 and the elector is entitled to vote for or against the candidate in the election in connection with which the violation is alleged to occur, the elector may file a complaint with the board requesting it to take remedial action. If the board refuses to take remedial action or, within 30 days after the filing of such a complaint, fails to take remedial action, the elector may commence a civil action in the appropriate circuit court under sub. (4) requesting the court to impose a forfeiture under sub. (1) or (2).

AB950,28,21 (6) If the board believes that a violation of ss. 11.502 to 11.522 by a member of the legislature has occurred, the board may make a recommendation to the presiding officer of the appropriate house concerning appropriate disciplinary action, including expulsion, to be taken in light of the violation.

AB950,28,24 (7) The board and courts shall expedite all proceedings under ss. 11.502 to 11.522 so that all complaints brought prior to an election are resolved, to the extent possible, before the election is held.

AB950,29,4 (8) If a complaint brought under ss. 11.502 to 11.522 is resolved against the complainant and is found to have been brought in bad faith and without reasonable basis therefor, the board or court may assess costs, including reasonable attorney fees, against the complainant.

AB950,29,9 11.518 Prohibited acts. (1) If a candidate or agent of a candidate knowingly accepts more contributions than the candidate is entitled to receive, or makes disbursements exceeding the amount of the public financing benefit received by the candidate, the candidate or agent may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB950,29,14 (2) If a candidate who receives a public financing benefit, or an agent of such a candidate, knowingly makes a disbursement by means other than through use of the fair election debit card, except as permitted under s. 11.515 (3), the candidate or agent may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB950,29,19 (3) If, in connection with the receipt or disbursement of a public financing benefit for an election campaign, any person knowingly provides false information to the board, or knowingly conceals or withholds information from the board, that person may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB950,29,23 11.519 Mass mailings. (1) No person may conduct any mass mailing using state funds on behalf of any person who is a candidate for state office in the general election during the period between July 1 and December 31 in the year of that election.

AB950,30,6 (2) If any person uses state funds to conduct a mass mailing on behalf of any person who is a candidate for state office at the general election during the period between March 1 and June 30 preceding that election, the board shall immediately credit the accounts of all other eligible candidates for the same office sought by the person on behalf of whom the mailing is conducted with an additional line of credit equal to the cost of printing and mailing of that mass mailing, which may be used solely to fund a mailing promoting the candidacy of the candidate who receives the credit.

AB950,30,10 (3) A candidate for state office at the general election who plans to use state funds for a mass mailing shall notify the board in writing of his or her intent to do so no later than March 1 preceding the general election, and shall complete the mailing by the following June 30.

AB950,30,16 (4) All mass mailings funded by the state on behalf of any person who is a candidate for state office at the general election during the period between March 1 and June 30 preceding that election and all mass mailings authorized under sub. (2) shall be issue-oriented and nonpolitical, shall not mention any of a candidate's opponents by name and shall be reviewed and approved by the board for compliance with such requirements in advance of the mailing.

AB950,30,19 (5) Except as permitted under sub. (2), no state funds may be used by any incumbent elective state officer to conduct a mass mailing on behalf of a candidate for state office at the general election after June 30 preceding that election.

AB950,30,23 11.522 Contributions to nonparticipating candidates; attributions. A nonparticipating candidate may accept contributions from private sources without limitation, except that no person may make any contribution or contributions to a nonparticipating candidate exceeding a total of $1,000 during any campaign.

AB950, s. 33 Section 33. 14.58 (20) of the statutes is repealed.

AB950, s. 34 Section 34. 20.510 (1) (q) of the statutes is renumbered 20.585 (1) (q) and amended to read:

AB950,31,6 20.585 (1) (q) (title) Wisconsin election campaign Democracy trust fund. As a continuing appropriation, from the Wisconsin election campaign democracy trust fund, the moneys determined under s. 11.50 ss. 11.501 to 11.522 to provide for payments to eligible candidates certified under s. 7.08 (2) (c).

AB950, s. 35 Section 35. 20.575 (1) (r) of the statutes is created to read:

AB950,31,9 20.575 (1) (r) Democracy trust fund administration. From the democracy trust fund, a sum sufficient for the administration of ss. 11.501 to 11.522.

AB950, s. 36 Section 36. 20.585 (1) (r) of the statutes is created to read:

AB950,31,12 20.585 (1) (r) Democracy trust fund administration. From the democracy trust fund, a sum sufficient for the administration of ss. 11.501 to 11.522.

AB950, s. 37 Section 37. 20.855 (4) (b) of the statutes is repealed.

AB950, s. 38 Section 38. 25.17 (1) (ys) of the statutes is renumbered 25.17 (1) (cm) and amended to read:

AB950,31,16 25.17 (1) (cm) Wisconsin election campaign Democracy trust fund (s. 25.42);

AB950, s. 39 Section 39. 25.42 of the statutes is amended to read:

AB950,31,25 25.42 (title) Wisconsin election campaign Democracy trust 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 election campaign that accrue to the state under ss. 71.025, 71.235 and 71.435 and all moneys deposited in the state treasury under s. 11.509 constitute the democracy trust fund, to be expended for the purposes of s. 11.50 ss. 11.501 to 11.522. All moneys in the fund not disbursed by the state treasurer shall continue to accumulate indefinitely.

AB950, s. 40 Section 40. 71.025 of the statutes is created to read:

AB950,32,4 71.025 Surtax. (1) In this section, "income tax payable to this state" means the tax as computed at the rates under s. 71.06 without reduction for any payments or credits.

AB950,32,9 (2) There is imposed and there shall be collected and paid, in addition to and in the same manner as the tax imposed under s. 71.02 (1), including those provisions relating to refunds and overpayments, a surtax equal to 0.5% of the income tax payable to this state. The surtax is part of the tax for determining any underpayment or declaring estimated taxes.

AB950, s. 41 Section 41. 71.10 (3) of the statutes is repealed.

AB950, s. 42 Section 42. 71.235 of the statutes is created to read:

AB950,32,14 71.235 Surtax. (1) In this section, "income tax or franchise tax payable to this state" means the taxes as computed at the rates under s. 71.27 without reduction for any payments or credits.

AB950,32,19 (2) There is imposed and there shall be collected and paid, in addition to and in the same manner as the taxes imposed under s. 71.23, including those provisions relating to refunds and overpayments, a surtax equal to 0.5% of the income tax or franchise tax payable to this state. The surtax is part of the tax for determining any underpayment or declaring estimated taxes.

AB950, s. 43 Section 43. 71.435 of the statutes is created to read:

AB950,32,23 71.435 Surtax. (1) In this section, "income tax or franchise tax payable to this state" means the taxes as computed at the rates under s. 71.46 without reduction for any payments or credits.

AB950,33,3 (2) There is imposed and there shall be collected and paid, in addition to and in the same manner as the taxes imposed under s. 71.43, including those provisions relating to refunds and overpayments, a surtax equal to 0.5% of the income tax or franchise tax payable to this state. The surtax is part of the tax for determining any underpayment or declaring estimated taxes.

AB950, s. 44 Section 44. Initial applicability.

AB950,33,7 (1) Surtaxes. The treatment of sections 71.025, 71.235 and 71.435 of the statutes first applies to taxable years beginning on the January 1 after the effective date of this subsection.

AB950,33,8 (End)