SB463: Bill Text

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.

SB463, s. 56 Section 56. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended to read:

SB463,30,21 11.50 (9) (a) The total grant available to an eligible candidate who does not receive a supplementary grant under par. (b) may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, and political party committees and legislative campaign committees, is equal to 45% 50% of the disbursement level specified for candidates for the applicable office, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9). The total grants available to an eligible candidate who receives a supplementary grant under par. (b) may not exceed the amount authorized under s. 11.26 (9) (a). For the purposes of this paragraph, all contributions transferred to the candidate by a conduit shall be considered to have been accepted from a source other than an individual or political party committee.

SB463,30,25 (c) 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 are not exceeded and any violation is reported. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.

SB463, s. 57 Section 57. 11.50 (9) (b) of the statutes is created to read:

SB463,31,11 11.50 (9) (b) If an eligible candidate who accepts a grant is opposed by one or more eligible candidates in the election who do not accept a grant under this section, the total grant available to the eligible candidate shall be increased by an amount equal to 50% of the disbursement level specified for candidates for the applicable office other than candidates challenging incumbent officeholders, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9), unless each such opponent files an affidavit of voluntary compliance under s. 11.31 (2m). The board shall direct the state treasurer to make payment of the supplementary grant within 5 days after it determines that a candidate qualifies to receive the grant under this paragraph.

SB463, s. 58 Section 58. 11.60 (1) of the statutes is amended to read:

SB463,31,15 11.60 (1) Any Except as provided in sub. (3g), any person, including any committee or group, who or which violates this chapter may be required to forfeit not more than $500 for each violation.

SB463, s. 59 Section 59. 11.60 (3g) of the statutes is created to read:

SB463,31,21 11.60 (3g) Any person, including any committee or group, who or which violates s. 11.095 in respect to any telephone communication in which the caller engages in persuasive telephoning shall forfeit $1 for each such telephone communication with an individual that is subject to disclosure under s. 11.095 which the person fails to disclose under that section within the time prescribed under that section.

SB463, s. 60 Section 60. 11.60 (3r) of the statutes is created to read:

SB463,32,2 11.60 (3r) Notwithstanding sub. (1), any person, including any committee or group, who violates s. 11.21 (5) or 11.22 (8) shall forfeit $10 for each person who is solicited, but not more than $1,000 for each report from which persons are solicited, in violation of s. 11.21 (5) or 11.22 (8).

SB463, s. 61 Section 61. 13.625 (1) (b) 3. of the statutes is amended to read:

SB463,32,8 13.625 (1) (b) 3. Food, meals, beverages, money or any other thing of pecuniary value, except that a lobbyist may make a campaign contribution to a partisan elective state official or candidate for national, state or local office or to the official's or candidate's personal campaign committee; but a lobbyist may make a contribution to which par. (c) applies only as authorized in par. (c).

SB463, s. 62 Section 62. 13.625 (1) (c) (intro.) of the statutes is renumbered 13.625 (1) (c) and amended to read:

SB463,32,19 13.625 (1) (c) Except as permitted in this subsection, make Make a campaign contribution, as defined in s. 11.01 (6), to a partisan elective state official for the purpose of promoting the official's election to any national, state or local office, or to a candidate for a partisan elective state office to be filled at the general election or a special election, or the official's or candidate's personal campaign committee. A campaign contribution to a partisan elective state official or candidate for partisan elective state office or his or her personal campaign committee may be made in the year of a candidate's election between June 1 and the day of the general election, except that:

SB463, s. 63 Section 63. 13.625 (1) (c) 1. and 2. of the statutes are repealed.

SB463, s. 64 Section 64. 13.625 (2) of the statutes is amended to read:

SB463,33,6 13.625 (2) No principal may engage in the practices prohibited under sub. (1) (b) and (c) except that a principal may make a campaign contribution, as defined in s. 11.01 (6), to a partisan elective state official or candidate for partisan elective state office or his or her personal campaign committee in the year of an official's or candidate's election between June 1 and the day of the general election unless, in the case of a member of the legislature or candidate for legislative office, the legislature has not concluded its final floorperiod or is in special or extraordinary session. This subsection does not apply to the furnishing of transportation, lodging, food, meals, beverages or any other thing of pecuniary value which is also made available to the general public.

SB463, s. 65 Section 65. 13.625 (6) of the statutes is amended to read:

SB463,33,17 13.625 (6) Subsections (1) (b) and (c), (2) and (3) do not apply to the furnishing of anything of pecuniary value by an individual who is a lobbyist or principal to a relative of the individual or an individual who resides in the same household as the individual, nor to the receipt of anything of pecuniary value by that relative or individual residing in the same household as the individual. Subsections (1) (b), (2) and (3) do not apply to the furnishing of anything of pecuniary value, except a campaign contribution, as defined in s. 11.01 (6), by a lobbyist to a relative of the lobbyist or an individual who resides in the same household as the lobbyist, nor to the receipt of any such thing by that relative or individual residing in the same household as the individual.

SB463, s. 66 Section 66. 20.510 (1) (d) of the statutes is created to read:

SB463,33,23 20.510 (1) (d) Election campaign fund supplement. A sum sufficient to supplement the Wisconsin election campaign fund for the purpose of enabling all eligible candidates to receive the maximum grant for which the candidates qualify under s. 11.50 (9), to be transferred to the Wisconsin election campaign fund no later than the time required to enable timely payments to be made under s. 11.50 (5).

SB463, s. 67 Section 67. 20.510 (1) (j) of the statutes is created to read:

SB463,34,3 20.510 (1) (j) Electronic filing software. All moneys received from registrants who purchase software to be utilized for electronic filing of campaign finance reports under s. 11.21 (16), for the purpose of providing that software.

SB463, s. 68 Section 68. 20.510 (1) (q) of the statutes is amended to read:

SB463,34,8 20.510 (1) (q) Wisconsin election campaign fund. As a continuing appropriation, from the Wisconsin election campaign fund, the moneys determined under s. 11.50 to provide for payments to eligible candidates whose names are certified under s. 7.08 (2) (c) or (cm).

SB463, s. 69 Section 69. 25.42 of the statutes is amended to read:

SB463,34,15 25.42 Wisconsin election campaign fund. All moneys appropriated under s. ss. 20.510 (1) (d) and 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 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.

SB463, s. 70 Section 70. 71.10 (3) (a) of the statutes is amended to read:

SB463,34,21 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 $5 for the Wisconsin election campaign 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 $5 under this subsection.

SB463, s. 71 Section 71. Initial applicability.

SB463,34,24 (1) Except as provided in subsections (2) to (4 ), this act first applies to elections held on the day after publication.

SB463,35,3 (2) The treatment of section 11.21 (2), (9) and (16) of the statutes first applies with respect to campaign finance reports that are required to be filed after June 30, 1999.