SB463: Bill Text

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.

SB463, s. 42 Section 42. 11.26 (12m) of the statutes is amended to read:

SB463,25,9 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.

SB463, s. 43 Section 43. 11.265 of the statutes is repealed.

SB463, s. 44 Section 44. 11.31 (1) (a) to (d) of the statutes are amended to read:

SB463,25,12 11.31 (1) (a) Candidates for governor, $1,078,200 $2,000,000.

SB463,25,13 (b) Candidates for lieutenant governor, $323,475 $700,000.

SB463,25,14 (c) Candidates for attorney general, $539,000 $700,000.

SB463,25,16 (d) Candidates for secretary of state, state treasurer, justice or state superintendent, $215,625 $300,000.

SB463, s. 45 Section 45. 11.31 (1) (de) of the statutes is created to read:

SB463,25,18 11.31 (1) (de) Candidates for justice, $350,000.

SB463, s. 46 Section 46. 11.31 (1) (e) and (f) of the statutes are amended to read:

SB463,25,22 11.31 (1) (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 $120,000.

SB463,25,25 (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 $50,000.

SB463, s. 47 Section 47. 11.31 (2) of the statutes is amended to read:

SB463,26,16 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), 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), 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.

SB463, s. 48 Section 48. 11.31 (3) of the statutes is amended to read:

SB463,26,23 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.

SB463, s. 49 Section 49. 11.31 (3m) of the statutes is repealed.

SB463, s. 50 Section 50. 11.31 (4) of the statutes is repealed.

SB463, s. 51 Section 51. 11.31 (6) of the statutes is amended to read:

SB463,27,16 11.31 (6) Exclusions. In computing the limitations under this section an individual or campaign treasurer may exclude any contributions returned to the contributor; any loan repayments made; any inaugural expenses paid from the campaign depository account under s. 11.25 (2) (b); any expenses incurred as a result of a recount; all federal, state or local taxes paid; any reimbursement made to a candidate for the candidate's travel expenses; the gross receipts from the sale at an auction of any materials contributed to a candidate and reported by the candidate as a disbursement at the time the contribution is made; all refunds or deposits paid; the cost of services and materials purchased from a service provider for the purpose of compliance with the electronic filing requirement under s. 11.21 (16); and the cost of facilities rental, entertainment expense, food and beverages (including the preparation and service thereof if contracted to an outside agency), if utilized for a meal, sale, rally or similar fund raising effort or program which is intended for political purposes. Any such exclusion claimed shall be reported to the appropriate filing officer in such form as the board may require.

SB463, s. 52 Section 52. 11.31 (9) of the statutes is created to read:

SB463,27,21 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.

SB463,28,8 (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 1997. For each biennium, the board shall adjust the disbursement limitations specified under sub. (1) by that percentage to the extent required to reflect any difference, 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.

SB463, s. 53 Section 53. 11.50 (2) (b) 5. of the statutes is amended to read:

SB463,29,10 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 an amount equal to at least the amount provided in this subdivision 5% of the applicable authorized disbursement limitation, as determined under s. 11.31 (1) and adjusted under s. 11.31 (9), from contributions of money, other than loans, made by individuals who reside in this state and in the case of a candidate for legislative office by individuals at least 50% of whom reside in the legislative district in which the candidate seeks office, 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. 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 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 for the purpose of qualifying for a grant under this subdivision.

SB463, s. 54 Section 54. 11.50 (3) (a) 1. and 2. of the statutes are amended to read:

SB463,29,15 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).

SB463,29,19 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).

SB463, s. 55 Section 55. 11.50 (4) (cm) and (d) of the statutes are amended to read:

SB463,30,5 11.50 (4) (cm) Each Except as provided in sub. (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.

SB463,30,8 (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.