SB7: Bill Text

SB7, s. 6 Section 6. 10.02 (3) (b) 2m. of the statutes is amended to read:

SB7,14,15 10.02 (3) (b) 2m. At the September primary, the elector shall select the party ballot of his or her choice or the ballot containing the names of the independent candidates for state office, and make a cross [8] in the square at the right of or depress the lever or button next to the candidate's name for each office for whom the elector intends to vote or insert or write in the name of the elector's choice for a party candidate, if any. In order to qualify for participation in the Wisconsin election campaign fund, a candidate for state office at the September primary, other than a candidate for district attorney, must receive at least 6% of all votes cast on all ballots for the office for which he or she is a candidate, in addition to other requirements.

SB7, s. 7 Section 7. 11.01 (12s) of the statutes is repealed.

SB7, s. 8 Section 8. 11.05 (3) (c) of the statutes is amended to read:

SB7,14,21 11.05 (3) (c) In the case of a committee, a statement as to whether the committee is a personal campaign committee, a political party committee, a legislative campaign committee, a support committee or a special interest committee.

SB7, s. 9 Section 9. 11.05 (3) (m) of the statutes is created to read:

SB7,14,25 11.05 (3) (m) In the case of a personal campaign committee, the name of the candidate on whose behalf the committee was formed or intends to operate and the office or offices that the candidate seeks.

SB7, s. 10 Section 10. 11.05 (3) (o) of the statutes is repealed.

SB7, s. 11 Section 11. 11.05 (3) (q) and (r) of the statutes are created to read:

SB7,15,6 11.05 (3) (q) If the committee, group or individual does not engage in or retain any other person to engage in persuasive telephoning, as defined in s. 11.095 (1) (a), a separate statement, signed by the same individual who signs the registration form, to this effect.

SB7,15,9 (r) In the case of a candidate or personal campaign committee of a candidate, the telephone number or numbers and the facsimile transmission number, if any, at which the candidate may be contacted.

SB7, s. 12 Section 12. 11.05 (9) (b) of the statutes is amended to read:

SB7,15,16 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.

SB7, s. 13 Section 13. 11.06 (1) (a) of the statutes is amended to read:

SB7,15,23 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.

SB7, s. 14 Section 14. 11.06 (1) (e) of the statutes is amended to read:

SB7,16,4 11.06 (1) (e) An itemized statement of contributions over $20 from a single source donated to a charitable organization or to the common school fund, with the full name and mailing address of the donee, and a statement of contributions over $20 transferred to the board for deposit in the Wisconsin election campaign fund.

SB7, s. 15 Section 15. 11.06 (2) of the statutes is amended to read:

SB7,16,14 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.

SB7, s. 16 Section 16. 11.06 (7m) (a) of the statutes is amended to read:

SB7,17,5 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).

SB7, s. 17 Section 17. 11.06 (7m) (c) of the statutes is amended to read:

SB7,17,13 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.

SB7, s. 18 Section 18. 11.06 (11) (c) of the statutes is amended to read:

SB7,17,17 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).

SB7, s. 19 Section 19. 11.07 (5) of the statutes is amended to read:

SB7,17,24 11.07 (5) Any campaign treasurer or individual who knowingly receives a contribution made by an unregistered nonresident in violation of this section may not use or expend such contribution but shall immediately return it to the source or at the option of the campaign treasurer or individual, donate the contribution to a charitable organization or to the common school fund or transfer the contribution to the board for deposit in the Wisconsin election campaign fund.

SB7, s. 20 Section 20. 11.095 of the statutes is created to read:

SB7,18,1 11.095 Regulation of certain telephoning activities. (1) In this section:

SB7,18,12 (a) "Persuasive telephoning" means contacting, by telephone, potential voters for the purpose of presenting them with information or viewpoints which could 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.

SB7,18,15 (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.

SB7,18,20 (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 provide to the board, upon request, a copy of any question that was asked by the individual, committee or group, or by the operator, in substantially identical form, of more than one individual during the telephoning.

SB7,19,7 (3) 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.

SB7,19,13 (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. (3) 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).

SB7,19,18 (5) 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. (3) 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.

SB7,20,10 (6) Any individual who, or committee or group which, engages in or retains a telephone bank operator to engage in persuasive telephoning shall, prior to the time that the telephoning is to be commenced, or, if the telephoning is to be conducted in relation to an election that is scheduled to occur on a date within 3 days of the date that the telephoning is to be commenced, no later than 24 hours prior to the time that the telephoning is to be commenced, exclusive of Saturdays, Sundays and the days specified in s. 230.35 (4) (a), deliver a written report 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 intends to conduct persuasive telephoning, of the intent of the individual, committee or group to conduct such telephoning at a time specified in the report. The filing officer shall then, by expeditious means, such as by telephone or facsimile transmission, provide such notice to each candidate whose name appears on the ballot in opposition to a candidate on behalf of whom the individual, committee or group intends to conduct persuasive telephoning. The filing officer shall also promptly mail a copy of that notice to each such candidate at the address shown on the nomination papers or declaration of candidacy of the candidate.

SB7, s. 21 Section 21. 11.12 (2) of the statutes is amended to read:

SB7,20,16 11.12 (2) Any anonymous contribution exceeding $10 received by a campaign or committee treasurer or by an individual under s. 11.06 (7) may not be used or expended. The contribution shall be donated to the common school fund or to any charitable organization or transferred to the board for deposit in the Wisconsin election campaign fund, at the option of the treasurer.

SB7, s. 22 Section 22. 11.12 (6) of the statutes is renumbered 11.12 (6) (a) and amended to read:

SB7,21,13 11.12 (6) (a) If any Except as provided in par. (b), if an individual or committee incurs or intends to incur an obligation or makes or intends to make a disbursement of more than $20 $250 cumulatively is made to advocate the election or defeat of a clearly identified candidate by an individual or committee later than 15 days prior to a primary or election in which the candidate's name appears on the ballot without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or whose opponent is opposed, and not in concert with or at the request or suggestion of such a candidate, agent or committee, the individual or treasurer of the committee shall, within 24 hours of making no later than 21 days prior to the activity intended to be funded by the incurred obligation or disbursement, inform the appropriate filing officer of the information required under s. 11.06 (1) in such manner as the board may prescribe. The information shall also be included in the next regular report of the individual or committee under s. 11.20. For purposes of this subsection, obligations and disbursements cumulate beginning with the day after the last date covered on the preprimary or preelection report and ending with the day before the primary or election. Upon receipt of a report under this subsection paragraph, the filing officer shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom a an incurred obligation or disbursement identified in the report is to be made.

SB7, s. 23 Section 23. 11.12 (6) (b) of the statutes is created to read:

SB7,21,21 11.12 (6) (b) If the independently incurred obligation or disbursement described in par. (a) relates to a special primary or election not held concurrently with the spring or September primary or the spring or general election, the individual who or committee which incurs or intends to incur the obligation or makes or intends to make the disbursement shall inform the appropriate filing officer no later than 14 days prior to the activity intended to be funded by the incurred obligation or disbursement.

SB7, s. 24 Section 24. 11.16 (2) of the statutes is amended to read:

SB7,22,5 11.16 (2) Limitation on cash contributions. Every contribution of money exceeding $50 shall be made by negotiable instrument or evidenced by an itemized credit card receipt bearing on the face the name of the remitter. No treasurer may accept a contribution made in violation of this subsection. The treasurer shall promptly return the contribution, or donate it the contribution to the common school fund or to a charitable organization or transfer the contribution to the board for deposit in the Wisconsin election campaign fund in the event that the donor cannot be identified.

SB7, s. 25 Section 25. 11.16 (5) of the statutes is amended to read:

SB7,22,21 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).

SB7, s. 26 Section 26. 11.19 (title) and (1) of the statutes are amended to read:

SB7,23,14 11.19 (title) Dissolution Carry-over of surplus funds; dissolution of registrants; termination reports. (1) Whenever any registrant disbands or determines that obligations will no longer be incurred, and contributions will no longer be received nor disbursements made during a calendar year, and the registrant has no outstanding incurred obligations, the registrant shall file a termination report with the appropriate filing officer. Such report shall indicate a cash balance on hand of zero at the end of the reporting period and shall indicate the disposition of residual funds. Residual Except as provided in sub. (1m), residual funds may be used for any political purpose not prohibited by law, returned to the donors in an amount not exceeding the original contribution, transferred to the board for deposit in the Wisconsin election campaign fund, or donated to a charitable organization or the common school fund. The report shall be filed and certified as were previous reports, and shall contain the information required by s. 11.06 (1). If a termination report or suspension report under sub. (2) is not filed, the registrant shall continue to file periodic reports with the appropriate filing officer, no later than the dates specified in s. 11.20. This subsection does not apply to any registrant making an indication under s. 11.05 (2r).

SB7, s. 27 Section 27. 11.19 (1m) and (6) of the statutes are created to read:

SB7,24,6 11.19 (1m) If the registration statement, under s. 11.05, of a personal campaign committee indicates that the committee was formed or operates for the purpose of influencing the election or nomination for election of a candidate who is a partisan state officeholder to any state or local office other than the office held by the candidate and, subsequently, the candidate or personal campaign committee files, under s. 11.05 (5), a change in the information in the registration statement indicating that the candidate is no longer seeking that other office, the candidate or personal campaign committee shall either return all contributions, attributable to the candidate's campaign for the office no longer sought, exceeding 10% of the disbursement level specified under s. 11.31 for the office that the candidate holds, minus disbursements and incurred obligations for that campaign, to the donors in an amount not exceeding their original contributions or donate an amount equal to any contributions not so returned exceeding 10% of the disbursement level specified under s. 11.31 for the office that the candidate holds, minus disbursements and incurred obligations for that campaign, to the board for crediting to the Wisconsin election campaign fund.

SB7,24,12 (6) No candidate or personal campaign committee of a candidate at the general election may retain beyond December 31 of an even-numbered year unencumbered contributions equal to more than 15% of the candidate's total disbursement level determined under s. 11.31 (1), adjusted as provided for under s. 11.31 (9). A candidate or treasurer of a personal campaign committee shall transfer excess contributions to the board for crediting to the Wisconsin election campaign fund.

SB7, s. 28 Section 28. 11.21 (15) of the statutes is amended to read:

SB7,24,20 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) or (1m), whichever is applicable, adjusted as provided under s. 11.31 (9), which applies to the office for which such person is a that candidate, exclusive of any additional disbursements authorized under s. 11.31 (3m). 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.

SB7, s. 29 Section 29. 11.21 (16) of the statutes is created to read:

SB7,25,9 11.21 (16) Accept from any registrant for whom the board serves as a filing officer any campaign finance report that is required to be filed under this chapter by means of electronic transmission. To facilitate implementation of this subsection, the board shall make available to registrants software that is designed to facilitate complete electronic filing under this subsection, at a price fixed by the board that may not exceed cost. Each registrant who or which files a report electronically under this subsection shall also file a copy of the report with the board that is recorded on a medium specified by the board, together with a computer-generated copy of the report printed on paper. The computer-generated copy of each report 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 wishes to file a report under this subsection.

SB7, s. 30 Section 30. 11.23 (2) of the statutes is amended to read:

SB7,25,15 11.23 (2) Any anonymous contribution exceeding $10 received by an individual or group treasurer may not be used or expended. The contribution shall be donated to the common school fund or to any charitable organization or transferred to the board for deposit in the Wisconsin election campaign fund, at the option of the treasurer.

SB7, s. 31 Section 31. 11.24 (2) of the statutes is renumbered 11.24 (5).

SB7, s. 32 Section 32. 11.24 (3) and (4) of the statutes are created to read:

SB7,25,23 11.24 (3) No individual under the age of 18 years may make a contribution to any candidate, or any personal campaign committee or support committee authorized under s. 11.05 (3) (p) of a candidate, for election or nomination to any of the offices under s. 11.26 (1) (a) to (c) or 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.

SB7,26,6 (4) (a) 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, under s. 16.47, and thereafter during any legislative floorperiod, including any special or extraordinary session floorperiod.

SB7,26,11 (b) Notwithstanding par. (a), a person may make a contribution to an incumbent partisan state elective official against whom a recall petition has been filed during the period beginning on the date that the petition offered for filing is filed by the official under s. 9.10 (3) (b) and ending on the date of the recall election unless the official resigns at an earlier date under s. 9.10 (3) (c).

SB7, s. 33 Section 33. 11.26 (1) (intro.) of the statutes is amended to read:

SB7,26,17 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:

SB7, s. 34 Section 34. 11.26 (2) (intro.) of the statutes is amended to read:

SB7,26,25 11.26 (2) (intro.) No committee, including a committee serving as a conduit, other than a political party committee or legislative campaign committee, and no individual serving as a conduit 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:

SB7, s. 35 Section 35. 11.26 (4) of the statutes is amended to read:

SB7,27,6 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.

SB7, s. 36 Section 36. 11.26 (8) of the statutes is amended to read:

SB7,27,13 11.26 (8) (a) No political party as defined in s. 5.02 (13) may receive more than a total of $150,000 in value of its contributions in any biennium from all other committees, excluding contributions from legislative campaign committees and transfers between party committees of the party. In this paragraph, a biennium commences with January 1 of each odd-numbered year and ends with December 31 of each even-numbered year.

SB7,27,16 (b) No such political party may receive more than a total of $6,000 in value of its contributions in any calendar year from any specific committee or its subunits or affiliates, excluding legislative campaign and political party committees.

SB7,27,19 (c) No committee, other than a political party or legislative campaign committee, may make any contribution or contributions, directly or indirectly, to a political party under s. 5.02 (13) in a calendar year exceeding a total value of $6,000.

SB7, s. 37 Section 37. 11.26 (9) (a) and (b) of the statutes are amended to read:

SB7,28,8 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 for candidates other than candidates challenging incumbent officeholders, 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.

SB7,28,15 (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 for candidates other than candidates challenging incumbent officeholders, 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.

SB7, s. 38 Section 38. 11.26 (9) (c) of the statutes is renumbered 11.26 (9) (c) 1. and amended to read:

SB7,28,19 11.26 (9) (c) 1. For purposes of pars. par. (a) and (b), a, "committee" includes the Wisconsin election campaign fund.

SB7, s. 39 Section 39. 11.26 (9) (c) 2. of the statutes is created to read:

SB7,28,22 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.

SB7, s. 40 Section 40. 11.26 (12m) of the statutes is amended to read:

SB7,29,3 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.

SB7, s. 41 Section 41. 11.265 of the statutes is repealed.

SB7, s. 42 Section 42. 11.31 (1) (a) to (d), (e) and (f) of the statutes are amended to read:

SB7,29,6 11.31 (1) (a) Candidates for governor, $1,078,200 $2,000,000.

SB7,29,7 (b) Candidates for lieutenant governor, $323,475 $250,000.

SB7,29,8 (c) Candidates for attorney general, $539,000 $700,000.

SB7,29,10 (d) Candidates for secretary of state, state treasurer, justice or state superintendent, $215,625 $250,000.

SB7,29,12 (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 $80,000.

SB7,29,15 (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 $40,000.