SB463: Bill Text

SB463,11,12 11.05 (9) (b) An individual who or a committee or group which receives a contribution of money and transfers the contribution to another individual, committee or group while acting as a conduit is not subject to registration under this section unless the individual, committee or group transfers the contribution to a candidate or a personal campaign, legislative campaign, political party or support committee.

SB463, s. 8 Section 8. 11.06 (1) (a) of the statutes is amended to read:

SB463,11,19 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.

SB463, s. 9 Section 9. 11.06 (2) of the statutes is amended to read:

SB463,12,4 11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding sub. (1), if a disbursement is made or obligation incurred by an individual other than a candidate or by a committee or group which is not primarily organized for political purposes, and the disbursement does not constitute a contribution to any candidate or other individual, committee or group, the disbursement or obligation is required to be reported only if the purpose is to expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a referendum. The exemption provided by this subsection shall in no case be construed to apply to a political party, legislative campaign, personal campaign or support committee.

SB463, s. 10 Section 10. 11.06 (7m) (a) of the statutes is amended to read:

SB463,12,20 11.06 (7m) (a) If a committee which was registered under s. 11.05 as a political party committee or legislative campaign committee supporting candidates of a political party files an oath under sub. (7) affirming that it does not act in cooperation or consultation with any candidate who is nominated to appear on the party ballot of the party at a general or special election, that the committee does not act in concert with, or at the request or suggestion of, such a candidate, that the committee does not act in cooperation or consultation with such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, and that the committee does not act in concert with, or at the request or suggestion of, such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, the committee filing the oath may not make any contributions in support of any candidate of the party at the general or special election or in opposition to any such candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as authorized in par. (c).

SB463, s. 11 Section 11. 11.06 (7m) (c) of the statutes is amended to read:

SB463,13,3 11.06 (7m) (c) A committee filing an oath under sub. (7) which desires to change its status to a political party committee or legislative campaign committee may do so as of December 31 of any even-numbered year. Section 11.26 does not apply to contributions received by such a committee prior to the date of the change. Such a committee may change its status at other times only by filing a termination statement under s. 11.19 (1) and reregistering as a newly organized committee under s. 11.05.

SB463, s. 12 Section 12. 11.06 (11) (c) of the statutes is amended to read:

SB463,13,7 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).

SB463, s. 13 Section 13. 11.065 of the statutes is created to read:

SB463,13,11 11.065 Registration and reports by certain individuals and organizations. (1) (a) "Mass mailing" means the distribution of 50 or more pieces of substantially identical material.

SB463,13,13 (b) "Organization" means any person, other than an individual, and any combination of 2 or more persons.

SB463,13,14 (c) "Telephone bank operator" has the meaning given in s. 11.095 (1) (b).

SB463,13,21 (2) Any individual who or organization which receives one or more donations and makes one or more expenditures from those donations or other income for the purpose of publishing, broadcasting or disseminating a communication which includes the name or likeness of a candidate for state or local office by means of one or more communications media or a mass mailing or through a telephone bank operator shall, prior to conducting any such activity, register with the filing officer of the candidate whose name or likeness is used.

SB463,13,23 (3) A registrant under sub. (2) shall file reports with each filing officer with whom the individual or organization is registered identifying all of the following:

SB463,14,3 (a) Each donation received from a single source exceeding $20 within a calendar year, together with the amount of the donation, the date that the donation was received and accepted, the name and address of the donor and, if the amount of the donation exceeds $100 cumulatively within a calendar year, the occupation and principal place of employment of the donor.

SB463,14,7 (b) Each expenditure exceeding $20 made, together with the amount of the expenditure, the date that the expenditure was made, the name of the person to whom the expenditure was made and the specific purpose for which the expenditure was made.

SB463,14,9 (c) The total donations and other income received and accepted and total expenditures made cumulatively for the calendar year.

SB463,14,15 (4) The individual or organization shall report to the board the information required under sub. (3) in the form prescribed by the board at the time specified in s. 11.20 (2), (2m) and (4) for filing of reports by each candidate who is identified in a communication made by the individual or organization and shall include all donations received and accepted and all expenditures made as of the applicable dates specified in s. 11.20 (8).

SB463,14,20 (5) If any individual or organization under sub. (2) makes an expenditure exceeding $1,000 for the purpose of making a communication specified in sub. (2), the individual or organization shall, in addition to filing reports under sub. (3), file a special report which includes the information required under sub. (4) relating to that expenditure no later than 24 hours after the expenditure is made.

SB463,14,24 (6) An individual who or organization which determines that it will no longer receive and accept donations or make expenditures for a purpose specified in sub. (2) may file a notice of termination of its registration with any filing officer with whom the individual or organization is registered.

SB463,15,4 (7) If a registrant with the board under sub. (2) receives and accepts donations exceeding the amount specified in s. 11.21 (16) within a period specified in s. 11.21 (16), the registrant shall file reports with the board in the manner specified under s. 11.21 (16).

SB463, s. 14 Section 14. 11.09 (3) of the statutes is amended to read:

SB463,15,16 11.09 (3) Each registrant whose filing officer is the board, who or which makes disbursements in connection with elections for offices which serve or referenda which affect only one county or portion thereof, except a candidate, personal campaign committee, political party committee or other committee making disbursements in support of or in opposition to a candidate for state senator, representative to the assembly, court of appeals judge or circuit judge, shall file a duplicate original of each financial report filed with the board with the county clerk or board of election commissioners of the county in which the elections in which the registrant participates are held. Such reports shall be filed no later than the applicable dates specified under s. 11.20 (2), (2e) and (4) for the filing of each report with the board.

SB463, s. 15 Section 15. 11.095 of the statutes is created to read:

SB463,15,18 11.095 Regulation of certain telephoning activities. (1) In this section:

SB463,16,4 (a) "Persuasive telephoning" means contacting, by telephone, potential voters for the purpose of presenting them with information or viewpoints which are designed to 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.

SB463,16,7 (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.

SB463,16,19 (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 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.

SB463,16,25 (3) 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. (2) 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).

SB463,17,7 (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. (2) 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, or to the filing officer for each referendum at which the individual, committee or group seeks to influence the attitudes of voters.

SB463,17,9 (5) The board shall, by rule, define the term "designed to influence the attitudes of voters" under sub. (1) (a).

SB463, s. 16 Section 16. 11.16 (5) of the statutes is amended to read:

SB463,17,25 11.16 (5) Escrow agreements. Any personal campaign committee, or political party committee or legislative campaign committee may, pursuant to a written escrow agreement with more than one candidate, solicit contributions for and conduct a joint fund raising effort or program on behalf of more than one named candidate. The agreement shall specify the percentage of the proceeds to be distributed to each candidate by the committee conducting the effort or program. The committee shall include this information in all solicitations for the effort or program. All contributions received and disbursements made by the committee in connection with the effort or program shall be received and disbursed through a separate depository account under s. 11.14 (1) that is identified in the agreement. For purposes of s. 11.06 (1), the committee conducting the effort or program shall prepare a schedule in the form prescribed by the board supplying all required information under s. 11.06 (1) and items qualifying for exclusion under s. 11.31 (6) for the effort or program, and shall transmit a copy of the schedule to each candidate who receives any of the proceeds within the period prescribed in s. 11.06 (4) (c).

SB463, s. 17 Section 17. 11.20 (2e) of the statutes is created to read:

SB463,18,4 11.20 (2e) Postelection reports under s. 11.06 (1) shall be received by the appropriate filing officer no earlier than 8 days after and no later than 14 days after each general election.

SB463, s. 18 Section 18. 11.20 (3) (b) of the statutes is amended to read:

SB463,18,8 11.20 (3) (b) A candidate or personal campaign committee of a candidate at an election shall file a preelection report. A candidate or personal campaign committee of a candidate at the general election shall file a postelection report.

SB463, s. 19 Section 19. 11.20 (3) (d) of the statutes is amended to read:

SB463,18,19 11.20 (3) (d) A registered committee or individual other than a candidate or personal campaign committee making or accepting contributions, making disbursements or incurring obligations in support of or in opposition to one or more candidates for office at an election, or supporting or opposing other committees or individuals who are engaging in such activities, shall file a preelection report. A registered committee or individual other than a candidate or personal campaign committee making or accepting contributions, making disbursements or incurring obligations in support of or in opposition to one or more candidates for office at the general election, or supporting or opposing other committees or individuals who are engaging in such activities, shall file a postelection report.

SB463, s. 20 Section 20. 11.20 (3) (g) of the statutes is amended to read:

SB463,19,2 11.20 (3) (g) A contribution, disbursement or obligation in support of or in opposition to a candidate at an election which is made, accepted or incurred during the period covered by the preelection report, or by the postelection report following the general election, is considered to be made, accepted or incurred in support of or in opposition to that candidate at the election, regardless of whether the candidate is opposed at the election.

SB463, s. 21 Section 21. 11.20 (3) (L) of the statutes is amended to read:

SB463,19,9 11.20 (3) (L) A registered group or individual making or accepting contributions, making disbursements or incurring obligations in support of or in opposition to a referendum appearing on an election ballot shall file a preelection report. A registered group or individual making or accepting contributions, making disbursements or incurring obligations in support of or in opposition to referendum appearing on a general election ballot shall file a postelection report.

SB463, s. 22 Section 22. 11.20 (8) (intro.) of the statutes is amended to read:

SB463,19,12 11.20 (8) (intro.)  Reports filed under subs. (2), (2e), (4) and (4m) shall include all contributions received and transactions made as of the end of:

SB463, s. 23 Section 23. 11.20 (8) (am) of the statutes is created to read:

SB463,19,15 11.20 (8) (am) The 7th day after the election in the case of the postelection report which follows the general election.

SB463, s. 24 Section 24. 11.20 (10) (a) of the statutes is amended to read:

SB463,19,23 11.20 (10) (a) Where a requirement is imposed under this section for the filing of a financial report which is to be received by the appropriate filing officer no later than a certain date, the requirement may be satisfied either by actual receipt of the report by the prescribed time for filing at the office of the filing officer, or by filing a report with the U.S. postal service by first class mail with sufficient prepaid postage, addressed to the appropriate filing officer, no later than the 3rd day before the date provided by law for receipt of such report.

SB463, s. 25 Section 25. 11.20 (12) of the statutes is amended to read:

SB463,20,5 11.20 (12) If a candidate is unopposed in a primary or election, the obligation to file the reports required by this chapter does not cease. Except as provided in ss. 11.05 (2r) and 11.19 (2), a registrant who makes or receives no contributions, makes no disbursements or incurs no obligations shall so report on the applicable dates designated in subs. (2), (2e) and (4).

SB463, s. 26 Section 26. 11.21 (2) of the statutes is amended to read:

SB463,20,19 11.21 (2) Furnish to each registrant prescribed forms for the making of reports and statements. Forms shall be sent by 1st class mail not earlier than 21 days and not later than 14 days prior to the applicable filing deadline under s. 11.20, and addressed to the attention of the treasurer or other person indicated on the registration statement. Forms need not be sent to a registrant who has made an indication that aggregate contributions, disbursements and obligations will not exceed the amount specified under s. 11.05 (2r) or to a registrant who has been granted a suspension under s. 11.19 (2). Forms for reports shall not be sent by the board to a registrant if the registrant is required to file reports with the board in an electronic format. Whenever any notice of filing requirements under this chapter is sent to a candidate's campaign treasurer, the board shall also send a notice to the candidate if he or she has appointed a separate treasurer. Failure to receive any form or notice does not exempt a registrant from compliance with this chapter.

SB463, s. 27 Section 27. 11.21 (9) of the statutes is amended to read:

SB463,20,24 11.21 (9) Place a copy Maintain a duplicate record of any separate schedule under s. 11.06 (1) (j) received with the financial report of an individual or committee filing an oath under s. 11.06 (7) in the file together with the record of each candidate to whom it relates.

SB463, s. 28 Section 28. 11.21 (15) of the statutes is amended to read:

SB463,21,6 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), which applies to the office for which such person is a that candidate. 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.

SB463, s. 29 Section 29. 11.21 (16) of the statutes is created to read:

SB463,22,5 11.21 (16) Require each registrant for whom the board serves as filing officer and who or which accepts contributions in a total amount or value of $20,000 or more during a campaign period to file each campaign finance report that is required to be filed under this chapter in an electronic format, and accept from any other registrant for whom the board serves as a filing officer any campaign finance report that is required to be filed under this chapter in an electronic format. A registrant who or which becomes subject to a requirement to file reports in an electronic format under this subsection shall initially file the registrant's report in an electronic format for the period which includes the date on which the registrant becomes subject to the requirement. To facilitate implementation of this subsection, the board shall specify, by rule, a type of software that is suitable for compliance with the electronic filing requirement under this subsection. The board shall provide copies of software to registrants at a price fixed by the board that may not exceed cost. Each registrant who or which files a report under this subsection in an electronic format shall also file a copy of the report with the board that is recorded on a medium specified by the board. The copy shall be signed by an authorized individual and filed with the board by each registrant no later than the time prescribed for filing of the report under this chapter. The board shall provide complete instructions to any registrant who or which files a report under this subsection. In this subsection, the "campaign period" of a candidate, personal campaign committee or support committee begins and ends with the "campaign" of the candidate whose candidacy is supported, as defined in s. 11.26 (17), and the "campaign period" of any other registrant begins on January 1 of each odd-numbered year and ends on December 31 of the following year.

SB463, s. 30 Section 30. 11.24 (2) of the statutes is renumbered 11.24 (5).

SB463, s. 31 Section 31. 11.24 (4) of the statutes is created to read:

SB463,22,18 11.24 (4) 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 and thereafter during any legislative floorperiod, including any special or extraordinary session floorperiod. This subsection does not apply to an individual who is a candidate for state office at a special election or to the personal campaign committee of such an individual during the period commencing on the date that the special election is ordered and ending on the date of the special election.

SB463, s. 32 Section 32. 11.26 (1) (intro.) of the statutes is amended to read:

SB463,22,24 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:

SB463,22,25 " Section 33. 11.26 (1) (a), (b) and (c) of the statutes are amended to read:

SB463,23,2 11.26 (1) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, $10,000 $1,000.

SB463,23,3 (b) Candidates for state senator, $1,000 $500.

SB463,23,4 (c) Candidates for representative to the assembly, $500 $250.

SB463, s. 34 Section 34. 11.26 (2) (intro.) of the statutes is amended to read:

SB463,23,12 11.26 (2) (intro.) No committee, including a committee serving as a conduit, other than a political party committee or legislative campaign committee 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:

SB463, s. 35 Section 35. 11.26 (2) (a), (b) and (c) of the statutes are amended to read:

SB463,23,16 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, 4% of the value of the disbursement level specified in the schedule under s. 11.31 (1) $1,000.

SB463,23,17 (b) Candidates for state senator, $1,000 $500.

SB463,23,18 (c) Candidates for representative to the assembly, $500 $250.

SB463, s. 36 Section 36. 11.26 (4) of the statutes is amended to read:

SB463,23,24 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.

SB463, s. 37 Section 37. 11.26 (8) of the statutes is repealed.

SB463, s. 38 Section 38. 11.26 (8m) of the statutes is created to read:

SB463,24,3 11.26 (8m) No committee may make a contribution to any other committee except a personal campaign or support committee.

SB463, s. 39 Section 39. 11.26 (9) (a) and (b) of the statutes are amended to read:

SB463,24,16 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 , 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 or grants under s. 11.50 exceed 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 or grants 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 or grants which the candidate may accept by an amount equal to such contributions.

SB463,24,22 (b) No individual who is a candidate for state or local office may receive and accept more than 45% 15% of the value of the total disbursement level, 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.

SB463, s. 40 Section 40. 11.26 (9) (c) of the statutes is renumbered 11.26 (9) (c) 1. and amended to read:

SB463,25,2 11.26 (9) (c) 1. For purposes of pars. par. (a) and (b), a, "committee" includes the Wisconsin election campaign fund.

SB463, s. 41 Section 41. 11.26 (9) (c) 2. of the statutes is created to read:

SB463,25,5 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.