AB256: Bill Text

AB256, s. 68 Section 68. 11.31 (3m) of the statutes is repealed.

AB256, s. 69 Section 69. 11.31 (3n) of the statutes is created to read:

AB256,40,22 11.31 (3n) Mass mailing and telephoning activities; exception. (a) If any individual or organization makes expenditures that are reportable under s. 11.065 which include the name or likeness of a candidate to whom sub. (2) applies, or an opponent of such a candidate, and the total expenditures for that purpose by all such individuals and organizations in the aggregate exceed an amount equal to 5% of the limitation prescribed under sub. (2), as adjusted under sub. (9), applicable to that candidate during any campaign on or before the date of the primary election, or the date on which the primary election would be held, if required, the limitation prescribed under sub. (2) does not apply to that candidate after the date on which those total expenditures exceed that amount.

AB256,41,7 (b) If any individual or organization makes expenditures that are reportable under s. 11.065 which include the name or likeness of a candidate to whom sub. (2) applies, or an opponent of such a candidate, and the total expenditures for that purpose by all such individuals and organizations in the aggregate exceed an amount equal to 5% of the limitation prescribed under sub. (2), as adjusted under sub. (9), applicable to that candidate during any campaign after the date of the primary election, or the date on which the primary election would be held, if required, and on or before the date of the election, the limitation prescribed under sub. (2) does not apply to that candidate after the date on which those total expenditures exceed that amount.

AB256, s. 70 Section 70. 11.31 (4) of the statutes is repealed.

AB256, s. 71 Section 71. 11.31 (7) (a) of the statutes is amended to read:

AB256,41,22 11.31 (7) (a) For purposes of this section, except as provided in pars. (b) and (c), the "campaign" of a candidate extends from July 1 preceding the date on which the spring primary or election occurs or January 1 preceding the date on which the September primary or general election occurs for the office which the candidate seeks, or from the date of the candidate's public announcement, whichever is earlier, through the last day of the month following the month in which the an election or primary is held at which a candidate seeks office. If a candidate seeks office at both a primary election and at a general or spring election which follows that primary election, the "campaign" of that candidate extends through the last day of the month following the general or spring election. If a candidate seeks office at a primary election but not at the general or spring election which follows that primary election, the "campaign" of that candidate extends through the last day of the month following the primary election.

AB256, s. 72 Section 72. 11.31 (7) (c) and (d) of the statutes are amended to read:

AB256,42,3 11.31 (7) (c) Disbursements which are made after a campaign the period specified in par. (a) to retire a debt incurred in relation to a campaign are charged against the disbursement limitation for that campaign.

AB256,42,6 (d) Disbursements which are made outside a campaign the period specified in par. (a) and to which par. (b) or (c) does not apply are not subject to any disbursement limitation. Such disbursements are subject to s. 11.25 (2).

AB256, s. 73 Section 73. 11.31 (9) of the statutes is created to read:

AB256,42,8 11.31 (9) Adjustment of disbursement levels. (a) In this subsection:

AB256,42,11 1. "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 federal department of labor.

AB256,42,14 2. "Voting age population of this state" means the voting age population of this state, as determined by the federal election commission in its most recent determination prior to the date of any calculation under this subsection.

AB256,43,8 (b) The dollar amounts of all disbursement levels specified in sub. (1) shall be subject to a biennial 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 voting age population of this state on December 31 of each odd-numbered year and the voting age population of this state on December 31, 1999. The board shall then 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 1999. For each biennium, the board shall first multiply the disbursement levels by the percentage difference in the voting age populations. The board shall then multiply that product by the percentage difference in the consumer price indices. The board shall adjust the disbursement levels specified under sub. (1) to substitute that result for the existing levels 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 amounts shall be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b) and (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety or welfare, and without a finding of emergency.

AB256, s. 74 Section 74. 11.38 (1) (a) 2. of the statutes is amended to read:

AB256,43,25 11.38 (1) (a) 2. Notwithstanding subd. 1., any such corporation or association may establish and administer a separate segregated fund and solicit contributions from individuals to the fund to be utilized by such corporation or association, for the purpose of supporting or opposing any candidate for state or local office but the corporation or association may not make any contribution to the fund. The fund shall appoint a treasurer and shall register as a political committee under s. 11.05. A parent corporation or association engaging solely in this activity is not subject to registration under s. 11.05, but shall register and file special reports on forms prescribed by the board disclosing its administrative and solicitation expenses on behalf of such fund. A corporation not domiciled in this state need report only its expenses for administration and solicitation of contributions in this state together with a statement indicating where information concerning other administration and solicitation expenses of its fund may be obtained. The reports shall be filed with the filing officer for the fund specified in s. 11.02 in the manner provided under s. 11.21 (16), if applicable, or otherwise in the manner in which continuing reports are filed under s. 11.20 (4) and (8).

AB256, s. 75 Section 75. 11.50 (title) of the statutes is amended to read:

AB256,44,2 11.50 (title) Wisconsin clean election campaign fund system.

AB256, s. 76 Section 76. 11.50 (1) (b) of the statutes is amended to read:

AB256,44,4 11.50 (1) (b) "Fund" means the Wisconsin clean election campaign system fund.

AB256, s. 77 Section 77. 11.50 (2) (a) of the statutes is amended to read:

AB256,44,21 11.50 (2) (a) Any individual who desires to qualify as an eligible candidate may file an application with the board requesting approval to participate in the fund. The application shall be filed no later than the applicable deadline for filing nomination papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a) or 8.50 (3) (a), no later than 4:30 p.m. on the 7th day after the primary or date on which the primary would be held if required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in the case of candidates appointed to fill vacancies. The application shall contain a sworn statement that the candidate and his or her authorized agents have complied with the contribution limitations prescribed in s. 11.26 and the disbursement limitations prescribed under s. 11.31, as adjusted under s. 11.31 (9), at all times to which such limitations have applied to his or her candidacy and will continue to comply with the limitations at all times to which the limitations apply to his or her candidacy for the office in contest, unless except that the candidate is not required to comply with s. 11.26 (10) or 11.31 (2) if the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under par. (h), or par. (i) or s. 11.31 (3n) applies.

AB256, s. 78 Section 78. 11.50 (2) (b) 5. of the statutes is amended to read:

AB256,45,18 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 at least the amount provided in this subdivision, from contributions of money, other than loans, made by individuals, 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 be considered a contribution made by the 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 (2), as adjusted under s. 11.31 (9). 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 (2), as adjusted under s. 11.31 (9).

AB256, s. 79 Section 79. 11.50 (2) (g) of the statutes is amended to read:

AB256,46,3 11.50 (2) (g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the contribution limitations prescribed in s. 11.26 and the disbursement limitations imposed under s. 11.31 (2), as adjusted under s. 11.31 (9), as binding upon himself or herself and his or her agents during the campaign of that candidate as defined in s. 11.31 (7), as a precondition to receipt of a grant under this section, unless except that the candidate is not required to comply with s. 11.26 (10) or 11.31 (2) if the board determines that the candidate is not eligible to receive a grant, the candidate withdraws the application under par. (h), or par. (i) or s. 11.31 (3n) applies.

AB256, s. 80 Section 80. 11.50 (2) (i) of the statutes is amended to read:

AB256,46,19 11.50 (2) (i) Notwithstanding par. (g), if an eligible candidate at the spring election or a special nonpartisan election who accepts a grant is opposed by one or more candidates in the election, or if an eligible candidate for an office at the general election or a special partisan election who accepts a grant is opposed by one or more candidates in the election who receive received at least 6% of the vote cast for all candidates for the same office on all ballots at the September primary or a if an eligible candidate at a special partisan election who accepts a grant is opposed by one or more candidates in the election who received at least 6% of the vote cast for all candidates for the same office at the special partisan primary if a primary was held, and in either case if any such opponent of the eligible candidate does not accept a grant under this section in whole or in part, the eligible candidate is not bound by the pledge made in his or her application to adhere to the contribution limitations limitation prescribed in s. 11.26 (10) and the disbursement limitation prescribed imposed under s. 11.31, unless each such opponent files an affidavit of voluntary compliance under s. 11.31 (2m) (2), as adjusted under s. 11.31 (9).

AB256, s. 81 Section 81. 11.50 (3) (a) 1. of the statutes is amended to read:

AB256,47,2 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 A grant equal amount to 50% of the balance in this account shall be disbursed by the state treasurer from this account to the campaign depository account of each eligible candidate by the state treasurer for the office of state superintendent, except as provided in subd. 3m.

AB256, s. 82 Section 82. 11.50 (3) (a) 2. of the statutes is amended to read:

AB256,47,9 11.50 (3) (a) 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 A grant equal amount to 50% of the balance in this account shall be disbursed by the state treasurer from this account to the campaign depository account of each eligible candidate by the state treasurer for the office of justice, except as provided in subd. 3m.

AB256, s. 83 Section 83. 11.50 (3) (a) 3. of the statutes is renumbered 11.50 (3) (a) 4.

AB256, s. 84 Section 84. 11.50 (3) (a) 3m. of the statutes is created to read:

AB256,47,17 11.50 (3) (a) 3m. If, at any election, after apportionment under subds. 1. and 2., there are remaining moneys in either account under subd. 1. or 2., 50% of the remaining moneys shall be redistributed to all eligible candidates for the offices specified in subds. 1. and 2. at that election, in the same proportion as the initial amounts of their grants bear to the total amount of grants distributed to all eligible candidates for the offices specified in subds. 1. and 2.

AB256, s. 85 Section 85. 11.50 (4) (b) (intro.) of the statutes is amended to read:

AB256,47,22 11.50 (4) (b) (intro.) The Except as provided in par. (bm), the executive campaign account shall be divided into accounts for each executive office as provided in this paragraph. The apportionment of moneys in the executive campaign account shall be made as follows:

AB256, s. 86 Section 86. 11.50 (4) (bm) of the statutes is created to read:

AB256,48,4 11.50 (4) (bm) If, at any election, after apportionment under par. (b), there are remaining moneys in any account under par. (b) 1. to 5., the remaining moneys shall be returned to the executive campaign account and shall be redistributed to all eligible candidates for the offices specified in par. (b), in the same proportion as the initial amounts of their grants bear to the total amount of grants distributed to all eligible candidates for the offices specified in par. (b).

AB256, s. 87 Section 87. 11.50 (8) of the statutes is amended to read:

AB256,48,17 11.50 (8) Lapsing grants. All grants disbursed under sub. (5) remain the property of the state until disbursed or encumbered for a lawful purpose. All grant moneys and all other income received by a candidate that are unspent and unencumbered by a the candidate on the day after the election in which the candidate participates shall revert to the state, up to the total amount of the grant received by that candidate. All deposits and refunds derived from grant moneys that are received by a candidate at any time after the day of the election in which the candidate participates shall revert to the state to the extent that the deposits and refunds, when combined with other unencumbered moneys in the campaign depository account of that candidate, do not exceed the amount of the grant received by that candidate. All reversions shall be returned to the board by the candidate and shall be deposited in the fund.

AB256, s. 88 Section 88. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) (intro.) and amended to read:

AB256,49,2 11.50 (9) (a) (intro.) The total grant available to an eligible candidate may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, political party committees and legislative campaign committees, is equal to 45% of the disbursement level specified for the applicable office under s. 11.31. the following amount, plus any amount redistributed to the candidate under sub. (3) or (4), subject to applicable limitations under ss. 11.26 (9) and 11.31 (2), as adjusted under s. 11.31 (9):

AB256,49,7 (b) 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 (2), as adjusted under s. 11.31 (9), are not exceeded and any violation is reported. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.

AB256, s. 89 Section 89. 11.50 (9) (a) 1. to 7. of the statutes are created to read:

AB256,49,9 11.50 (9) (a) 1. For a candidate for the office of governor, $875,000.

AB256,49,10 2. For a candidate for the office of lieutenant governor, $281,250.

AB256,49,11 3. For a candidate for the office of attorney general, $187,500.

AB256,49,12 4. For a candidate for the office of justice, $100,000.

AB256,49,14 5. For a candidate for the office of state superintendent, secretary of state or state treasurer, $87,500.

AB256,49,15 6. For a candidate for the office of state senator, $35,000.

AB256,49,16 7. For a candidate for the office of representative to the assembly, $15,000.

AB256, s. 90 Section 90. 11.50 (9a) of the statutes is created to read:

AB256,49,19 11.50 (9a) Adjustment of maximum initial grant amounts. (a) In this subsection:

AB256,49,22 1. "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 federal department of labor.

AB256,49,25 2. "Voting age population of this state" means the voting age population of this state, as determined by the federal election commission in its most recent determination prior to the date of any calculation under this subsection.

AB256,50,19 (b) The dollar amounts of all maximum initial grant amounts specified in sub. (9) (a) 1. to 7. shall be subject to a biennial 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 voting age population of this state on December 31 of each odd-numbered year and the voting age population of this state on December 31, 1999. The board shall then 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 1999. For each biennium, the board shall first multiply the disbursement levels by the percentage difference in the voting age populations. The board shall then multiply that product by the percentage difference in the consumer price indices. The board shall adjust the maximum initial grant amounts specified in sub. (9) to substitute that result for the existing amounts to the extent required to reflect any difference, rounded to the nearest multiple of $25, which amounts shall be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b) and (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety or welfare and without a finding of emergency.

AB256, s. 91 Section 91. 11.50 (10m) (title) of the statutes is amended to read:

AB256,50,21 11.50 (10m) (title) Return of grants prior to election.

AB256, s. 92 Section 92. 11.50 (11) (d) of the statutes is amended to read:

AB256,51,2 11.50 (11) (d) No person may expend, authorize the expenditure of or incur any obligation to expend a grant or other contribution any moneys in the campaign depository account of a candidate after the date of any election where the moneys contained in such contribution are returnable to the state under sub. (8).

AB256, s. 93 Section 93. 11.50 (11) (e) of the statutes is amended to read:

AB256,51,7 11.50 (11) (e) No candidate may expend, authorize the expenditure of or incur any obligation to expend any grant if he or she violates the pledge required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h) or (i) or s. 11.31 (3n).

AB256, s. 94 Section 94. 11.51 of the statutes is created to read:

AB256,51,19 11.51 Public grants to candidates for county and 1st class city offices. The board of supervisors of any county or the common council of any 1st class city may, by ordinance, provide appropriations to pay for any lawful disbursements made by a candidate for county or city office, respectively. The ordinance may impose reasonable qualifications for candidates to receive funding from the county or city. The ordinance may require any candidate, as a condition precedent to receipt of funding, to make no disbursements or contributions to his or her own campaign for office exceeding an aggregate amount or value specified in or under the ordinance. The ordinance may provide for a civil penalty for any violation of the ordinance or an agreement entered into under the ordinance not exceeding the penalty that would apply for the same offense under s. 11.60.

AB256, s. 95 Section 95. 11.60 (1) to (3) of the statutes are amended to read:

AB256,51,22 11.60 (1) Any person, including any committee or group, who violates this chapter may be required to forfeit not more than $500 $1,500 for each violation.

AB256,52,2 (2) In addition to the penalty under sub. (1), any person, including any committee or group, who is delinquent in filing a report required by this chapter may be required to forfeit not more than $50 $150 or one percent 3% of the annual salary of the office for which the candidate is being supported or opposed, whichever is greater, for each day of delinquency.

AB256,52,6 (3) Notwithstanding sub. (1), any person, including any committee or group, who makes any contribution in violation of this chapter may be required to forfeit treble 9 times the amount of the contribution or portion thereof which is illegally contributed.

AB256, s. 96 Section 96. 11.61 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

AB256,52,11 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 $30,000 or imprisoned for not more than 4 13 years and 6 months or both.

AB256,52,16 (b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where the intentional violation does not involve a specific figure, or where the intentional violation concerns a figure which exceeds $100 in amount or value may be fined not more than $10,000 $30,000 or imprisoned for not more than 4 13 years and 6 months or both.

AB256,52,21 (c) Whoever intentionally violates any provision of this chapter other than those provided in par. (a) and whoever intentionally violates any provision under par. (b) where the intentional violation concerns a specific figure which does not exceed $100 in amount or value may be fined not more than $1,000 $3,000 or imprisoned for not more than 6 months one year in the county jail or both.

AB256, s. 97 Section 97. 13.90 (1) (m) of the statutes is created to read:

AB256,52,25 13.90 (1) (m) In cooperation with the governor, propose the creation of a bipartisan committee to study campaign finance reform whenever changing electoral dynamics and campaign finance technology demand such action.

AB256, s. 98 Section 98. 14.019 (6) of the statutes is created to read:

AB256,53,5 14.019 (6) Study of campaign finance reform. The governor shall, in cooperation with the legislature, exercise his or her authority under sub. (1) to create a bipartisan committee to study campaign finance reform whenever changing electoral dynamics and campaign finance technology demand such action.

AB256, s. 99 Section 99. 14.58 (20) of the statutes is amended to read:

AB256,53,9 14.58 (20) Election campaign system fund. Make disbursements to each candidate certified under s. 7.08 (2) (c) or (cm) by the elections board as eligible to receive moneys from the Wisconsin clean election campaign system fund.

AB256, s. 100 Section 100. 15.61 of the statutes is amended to read:

AB256,53,25 15.61 Elections board; creation. There is created an elections board consisting of persons who shall be 8 members appointed by the governor for 2-year 4-year terms as follows: one member selected by the governor; one member each designated by the chief justice of the supreme court, the speaker of the assembly, the senate majority leader, and the minority leader in each house of the legislature, and the chief officer of each political party qualifying for a separate ballot under s. 5.62 (1) (b) or (2) whose candidate for governor received at least 10% of the vote in the most recent gubernatorial election and 3 nonpartisan members. Each of the nonpartisan members shall be nominated by the governor and with the advice and consent of the senate appointed. No nonpartisan member may hold any other office or employment in the government of this state or any political subdivision thereof. No nonpartisan member, for one year immediately prior to the date of appointment, may have been, or while serving on the board may become, a member of a political party, an officer or member of a committee in any partisan political club or organization or a candidate for any partisan elective public office.

AB256, s. 101 Section 101. 19.42 (10) (a) of the statutes is amended to read:

AB256,54,3 19.42 (10) (a) A member of the elections board whose appointment is not subject to confirmation by the senate.

AB256, s. 102 Section 102. 20.510 (1) (q) of the statutes is amended to read:

AB256,54,8 20.510 (1) (q) Wisconsin clean election campaign system fund. As a continuing appropriation, from the Wisconsin clean election campaign system fund, the moneys determined under s. 11.50 to provide for payments to eligible candidates certified under s. 7.08 (2) (c).

AB256, s. 103 Section 103. 20.855 (4) (b) of the statutes is amended to read:

AB256,54,12 20.855 (4) (b) Election campaign fund payments. A sum sufficient equal to the amounts determined under s. 71.10 (3) to be paid into the Wisconsin clean election campaign system fund annually on August 15.

AB256, s. 104 Section 104. 25.17 (1) (ys) of the statutes is amended to read: