Study of campaign finance law enforcement
The bill requests the joint legislative council to review the process for detecting
and penalizing violations of the state campaign finance law, with a view to detecting
violations quickly and punishing violators firmly, and to report its findings,
conclusions and recommendations, together with any proposed legislation, to the
2001 legislature when it convenes.
Future study of campaign finance reform
Currently, the governor may create nonstatutory committees to provide advice
concerning policy formation. The bill directs the governor, in cooperation with the
legislature, to exercise this existing authority to create a committee to study
campaign finance reform whenever changing electoral dynamics and campaign
finance technology demand such action. The bill further directs the joint committee
on legislative organization, in cooperation with the governor, to propose the creation
of such a committee whenever those conditions arise.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB256, s. 1 1Section 1. 5.02 (13) of the statutes is amended to read:
AB256,13,42 5.02 (13) "Political party" or "party" means a state committee registered under
3s. 11.05 and organized exclusively for political purposes under whose name

1candidates appear on a ballot at any election, and all county, congressional,
2legislative, local and other affiliated committees authorized to operate under the
3same name. For purposes of ch. 11, the term does not include a legislative campaign
4committee or
a committee filing an oath under s. 11.06 (7).
AB256, s. 2 5Section 2. 5.05 (10) of the statutes is created to read:
AB256,13,76 5.05 (10) Election examiner. The board shall employ an election examiner to
7conduct hearings and issue decisions under s. 5.065.
AB256, s. 3 8Section 3. 5.065 of the statutes is created to read:
AB256,13,11 95.065 Determinations concerning application of election laws. (1) In
10this section, "election official" includes the board and any board of election
11commissioners under s. 7.20.
AB256,13,18 12(2) Any person may file a petition with the board requesting that the election
13examiner issue a decision concerning the application of the election laws or rules of
14the board to a particular person or particular set of facts described in the petition.
15The election examiner shall issue a decision based upon any facts described without
16regard to the correctness of those facts. A decision of the election examiner applies
17only with respect to the material facts described in the petition requesting the
18decision.
AB256,13,25 19(3) If the petition concerns a question as to whether an election official or a
20private person is acting in conformity with the law or rules of the board, the matter
21shall be treated as a contested case, the petitioner shall serve a copy of the petition
22upon that official or private person and that official or private person shall be a party
23to the case. An election official or private person may move to dismiss the petition
24if it is clearly without merit. If the election examiner finds, in response to a motion,
25that a petition is clearly without merit, the examiner shall dismiss the petition.
AB256,14,4
1(4) In every contested case, the election examiner shall make findings of fact
2and conclusions of law. The election examiner may order an election official or a
3private person to act in conformity with the election laws or rules of the board, but
4may not impose a penalty for an alleged violation.
AB256,14,8 5(5) The petitioner or any election official or private person who is a party to a
6contested case under this section may appeal the decision of the election examiner
7to the board, which may review the decision without regard to any findings of fact
8or conclusions of law made by the election examiner.
AB256,14,11 9(6) A person who is not a party to a case under this section is not bound by any
10decision in that case. The decision of the election examiner in any contested case
11arising under this section is subject to review as provided in s. 227.57.
AB256,14,13 12(7) (a) This section does not apply to any matter in which the action or inaction
13of the board or its executive director is contested.
AB256,14,1514 (b) This section does not apply to any matter arising in connection with a
15recount under s. 9.01.
AB256,14,18 16(8) The board shall periodically examine and review decisions of the election
17examiner under this section with a view to clarifying and improving the
18administration of the election laws of this state.
AB256, s. 4 19Section 4. 7.08 (2) (c) of the statutes is amended to read:
AB256,15,220 7.08 (2) (c) As soon as possible after the canvass of the spring and September
21primary votes, but no later than the first Tuesday in March and the 4th Tuesday in
22September, transmit to the state treasurer a certified list of all eligible candidates
23for state office who have filed applications under s. 11.50 (2) and whom the board
24determines to be eligible to receive payments from the Wisconsin clean election
25campaign system fund. The list shall contain each candidate's name, the mailing

1address indicated upon the candidate's registration form, the office for which the
2individual is a candidate and the party or principle which he or she represents, if any.
AB256, s. 5 3Section 5. 7.08 (2) (cm) of the statutes is amended to read:
AB256,15,144 7.08 (2) (cm) As soon as possible after the canvass of a special primary, or the
5date that the primary would be held, if required, transmit to the state treasurer a
6certified list of all eligible candidates for state office who have filed applications
7under s. 11.50 (2) and whom the board determines to be eligible to receive a grant
8from the Wisconsin clean election campaign system fund prior to the election. The
9board shall also transmit a similar list of candidates, if any, who have filed
10applications under s. 11.50 (2) and whom the board determines to be eligible to
11receive a grant under s. 11.50 (1) (a) 2. after the special election. The list shall contain
12each candidate's name, the mailing address indicated upon the candidate's
13registration form, the office for which the individual is a candidate and the party or
14principle which he or she represents, if any.
AB256, s. 6 15Section 6. 8.35 (4) (b) and (c) of the statutes are amended to read:
AB256,15,2416 8.35 (4) (b) Notwithstanding par. (a), if the former candidate received a grant
17from the Wisconsin clean election system fund,
any unspent and unencumbered
18moneys received by a in the campaign depository account of that candidate from the
19Wisconsin election campaign fund
, up to the amount of the grant received, shall be
20immediately transferred to any candidate who is appointed to replace such
21candidate, upon filing of a proper and approval of an application therefor for a grant
22by the replacement candidate
under s. 11.50 (2). If there is no candidate appointed
23or if no proper application is filed and approved within 7 days of the date on which
24the vacancy occurs, such moneys shall revert to the state as provided in s. 11.50 (8).
AB256,16,10
1(c) The transfer under par. (b) shall be made and reported to the appropriate
2filing officer in a special report submitted by the former candidate's campaign
3treasurer. If the former candidate is deceased and was serving as his or her own
4campaign treasurer, the former candidate's petitioner or personal representative
5shall file the report and make the transfer required by par. (b), if any and file the
6report
. The report shall be made at the appropriate interval under s. 11.20 (2) or (4)
7and shall
include a complete statement of all contributions, disbursements and
8incurred obligations pursuant to s. 11.06 (1) covering the period from the day after
9the last date covered on the former candidate's most recent report to the date of
10disposition.
AB256, s. 7 11Section 7. 10.02 (3) (b) 2m. of the statutes is amended to read:
AB256,16,2112 10.02 (3) (b) 2m. At the September primary, the elector shall select the party
13ballot of his or her choice or the ballot containing the names of the independent
14candidates for state office, and make a cross (8) in the square at the right of or depress
15the lever or button next to the candidate's name for each office for whom the elector
16intends to vote or insert or write in the name of the elector's choice for a party
17candidate, if any. In order to qualify for participation in the Wisconsin clean election
18campaign system fund, a candidate for state office at the September primary, other
19than a candidate for district attorney, must receive at least 6% of all votes cast on all
20ballots for the office for which he or she is a candidate, in addition to other
21requirements.
AB256, s. 8 22Section 8. 11.01 (12s) of the statutes is repealed.
AB256, s. 9 23Section 9. 11.05 (2r) of the statutes is amended to read:
AB256,17,2024 11.05 (2r) General reporting exemptions. Any person, committee or group,
25other than a candidate for a statewide or legislative office or the personal campaign

1committee of such a candidate or a
committee or individual required to file an oath
2under s. 11.06 (7), who or which does not anticipate accepting contributions, making
3disbursements or incurring obligations in an aggregate amount in excess of $1,000
4in a calendar year and does not anticipate accepting any contribution or
5contributions from a single source, other than contributions made by a candidate to
6his or her own campaign, exceeding $100 in that year may indicate on its registration
7statement that the person, committee or group will not accept contributions, incur
8obligations or make disbursements in the aggregate in excess of $1,000 in any
9calendar year and will not accept any contribution or contributions from a single
10source, other than contributions made by a candidate to his or her own campaign,
11exceeding $100 in such year. Any registrant making such an indication is not subject
12to any filing requirement if the statement is true. The registrant need not file a
13termination report. A registrant not making such an indication on a registration
14statement is subject to a filing requirement. The indication may be revoked and the
15registrant is then subject to a filing requirement as of the date of revocation, or the
16date that aggregate contributions, disbursements or obligations for the calendar
17year exceed $1,000, or the date on which the registrant accepts any contribution or
18contributions exceeding $100 from a single source, other than contributions made by
19a candidate to his or her own campaign, during that year, whichever is earlier. If the
20revocation is not timely, the registrant violates s. 11.27 (1).
AB256, s. 10 21Section 10. 11.05 (3) (c) of the statutes is amended to read:
AB256,17,2522 11.05 (3) (c) In the case of a committee, a statement as to whether the
23committee is a personal campaign committee, a political party committee, a
24legislative campaign committee,
a support committee or a special interest
25committee.
AB256, s. 11
1Section 11. 11.05 (3) (o) of the statutes is repealed.
AB256, s. 12 2Section 12. 11.05 (9) (b) of the statutes is amended to read:
AB256,18,83 11.05 (9) (b) An individual who or a committee or group which receives a
4contribution of money and transfers the contribution to another individual,
5committee or group while acting as a conduit is not subject to registration under this
6section unless the individual, committee or group transfers the contribution to a
7candidate or a personal campaign, legislative campaign, political party or support
8committee.
AB256, s. 13 9Section 13. 11.06 (1) (intro.) of the statutes is amended to read:
AB256,18,1610 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), and (3)
11and (3m) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make
12full reports, upon a form prescribed by the board and signed by the appropriate
13individual under sub. (5), of all contributions received, contributions or
14disbursements made, and obligations incurred. Each report shall contain the
15following information, covering the period since the last date covered on the previous
16report, unless otherwise provided:
AB256, s. 14 17Section 14. 11.06 (1) (a) of the statutes is amended to read:
AB256,18,2318 11.06 (1) (a) An itemized statement giving the date, full name and street
19address of each contributor who has made a contribution in excess of $20, or whose
20contribution if $20 or less aggregates more than $20 for the calendar year, together
21with the amount of the contribution and, the cumulative total contributions made by
22that contributor for the calendar year and any allocation of all or part of that
23contribution which is required to be made under s. 11.26 (17) (a)
.
AB256, s. 15 24Section 15. 11.06 (2) of the statutes is amended to read:
AB256,19,9
111.06 (2) Disclosure of certain indirect disbursements. Notwithstanding
2sub. (1), if a disbursement is made or obligation incurred by an individual other than
3a candidate or by a committee or group which is not primarily organized for political
4purposes, and the disbursement does not constitute a contribution to any candidate
5or other individual, committee or group, the disbursement or obligation is required
6to be reported only if the purpose is to expressly advocate the election or defeat of a
7clearly identified candidate or the adoption or rejection of a referendum. The
8exemption provided by this subsection shall in no case be construed to apply to a
9political party, legislative campaign, personal campaign or support committee.
AB256, s. 16 10Section 16. 11.06 (3m) of the statutes is repealed.
AB256, s. 17 11Section 17. 11.06 (3r) of the statutes is repealed.
AB256, s. 18 12Section 18. 11.06 (3w) of the statutes is repealed.
AB256, s. 19 13Section 19. 11.06 (4) (b) of the statutes is amended to read:
AB256,19,2414 11.06 (4) (b) Unless The recipient of any contribution other than a conduit shall
15report the contribution as received and accepted on the date received, unless
it is
16returned or donated within 15 days of receipt, a contribution must be reported as
17received and accepted on
the date received. A conduit who or which receives a
18contribution shall report the contribution as received and accepted no later than the
19date on which the conduit transfers the contribution to the recipient specified by the
20contributor under s. 11.16 (4) (a) unless the conduit returns the contribution to the
21contributor on or before that date.
This subsection paragraph applies
22notwithstanding the fact that the contribution is not deposited in the a campaign
23depository account by the closing date for the reporting period as provided in s. 11.20
24(8).
AB256, s. 20 25Section 20. 11.06 (7m) (a) of the statutes is amended to read:
AB256,20,15
111.06 (7m) (a) If a committee which was registered under s. 11.05 as a political
2party committee or legislative campaign committee supporting candidates of a
3political party files an oath under sub. (7) affirming that it does not act in cooperation
4or consultation with any candidate who is nominated to appear on the party ballot
5of the party at a general or special election, that the committee does not act in concert
6with, or at the request or suggestion of, such a candidate, that the committee does
7not act in cooperation or consultation with such a candidate or agent or authorized
8committee of such a candidate who benefits from a disbursement made in opposition
9to another candidate, and that the committee does not act in concert with, or at the
10request or suggestion of, such a candidate or agent or authorized committee of such
11a candidate who benefits from a disbursement made in opposition to another
12candidate, the committee filing the oath may not make any contributions in support
13of any candidate of the party at the general or special election or in opposition to any
14such candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as
15authorized in par. (c).
AB256, s. 21 16Section 21. 11.06 (7m) (c) of the statutes is amended to read:
AB256,20,2317 11.06 (7m) (c) A committee filing an oath under sub. (7) which desires to change
18its status to a political party committee or legislative campaign committee may do
19so as of December 31 of any even-numbered year. Section 11.26 does not apply to
20contributions received by such a committee prior to the date of the change. Such a
21committee may change its status at other times only by filing a termination
22statement under s. 11.19 (1) and reregistering as a newly organized committee
23under s. 11.05.
AB256, s. 22 24Section 22. 11.06 (11) (a) of the statutes is amended to read:
AB256,21,7
111.06 (11) (a) A conduit transferring a contribution of money shall, in writing,
2identify itself to the transferee as a conduit and report to the transferee of each
3contribution transferred by it the information about the original contributor
4required for reporting purposes under sub. (1) (a) and (b) at the time the contribution
5is transferred. The conduit shall include the information in its any report filed by
6the conduit
under s. 11.12 (5) or, 11.20 or 11.21 (16) for the date on which the
7contribution is received and transferred.
AB256, s. 23 8Section 23. 11.065 of the statutes is created to read:
AB256,21,11 911.065 Registration and reports by certain individuals and
10organizations. (1)
(a) "Mass mailing" means the distribution of 50 or more pieces
11of substantially identical material.
AB256,21,1312 (b) "Organization" means any person, other than an individual, and any
13combination of 2 or more persons.
AB256,21,1514 (c) "Telephone bank operator" means any person who places or directs the
15placement of telephone calls to individuals.
AB256,22,7 16(2) Any individual who or organization which receives one or more donations
17and makes one or more expenditures from those donations or other income for the
18purpose of publishing, broadcasting or disseminating a communication which
19includes the name or likeness of a candidate for state or local office at a primary or
20other election within 30 days of that election by means of one or more
21communications media or a mass mailing or through a telephone bank operator,
22prior to receiving any donations or making expenditures, which, in the aggregate,
23exceed $1,000 within a calendar year in amount or value for that purpose, shall
24register with the filing officer of the candidate whose name or likeness is used. The
25registration shall include the name of each candidate whose name or likeness is

1included in any communication made by the individual or organization. If, after the
2date of registration, the individual or organization determines to make a
3communication which includes the name or likeness of a candidate for state or local
4office who is not identified in the registration, and the communication would require
5registration under this subsection, the individual or organization shall, before
6making the communication, report the name of that candidate to the appropriate
7filing officer.
AB256,22,9 8(3) A registrant under sub. (2) shall file reports with each filing officer with
9whom the individual or organization is registered identifying all of the following:
AB256,22,1410 (a) Each donation received from a single source exceeding $20 within a
11calendar year, together with the amount of the donation, the date that the donation
12was received and accepted, the name and address of the donor and, if the amount of
13the donation exceeds $100 cumulatively within a calendar year, the occupation and
14principal place of employment of the donor.
AB256,22,1815 (b) Each expenditure exceeding $20 made, together with the amount of the
16expenditure, the date that the expenditure was made, the name of the person to
17whom the expenditure was made and the specific purpose for which the expenditure
18was made.
AB256,22,2019 (c) The total donations and other income received and accepted and total
20expenditures made cumulatively for the calendar year.
AB256,23,4 21(4) (a) If an individual or organization under sub. (2) receives income or makes
22expenditures exceeding $20,000 in amount or value within a campaign period, as
23defined in s. 11.21 (16), for a purpose specified in sub. (2) with respect to one or more
24candidates for state office, the individual or organization shall file reports with the
25board under s. 11.21 (16) which include the information required under sub. (3)

1relating to that income or those expenditures at the times specified in s. 11.20 (2),
2(2m) and (4). In addition, the individual or organization shall file reports recorded
3on a medium specified by the board. The reports shall be signed by an authorized
4individual and filed at the times specified in s. 11.20 (2), (2m) and (4).
AB256,23,135 (b) If an individual or organization under sub. (2) receives income or makes
6expenditures with respect to one or more candidates for state office not exceeding
7$20,000 in amount or value within a calendar year, or if an individual or organization
8under sub. (2) receives income or makes expenditures with respect to one or more
9candidates for local office, for a purpose specified in sub. (2), the individual or
10organization shall report to the appropriate filing officer the information required
11under sub. (3) in the form prescribed by the board at the times specified in s. 11.20
12(2), (2m) and (4) for filing of reports by each candidate who is identified in a
13communication made by the individual or organization.
AB256,23,1614 (c) Each report filed under this section shall include all income received and
15accepted and all expenditures made as of the applicable dates specified in s. 11.20
16(8).
AB256,23,23 17(5) An individual who or organization which determines that it will no longer
18accept donations or make expenditures for a purpose specified in sub. (2) may file a
19notice of termination of its registration with any filing officer with whom the
20individual or organization is registered. An individual who or organization which
21files a notice of termination under this subsection is not subject to the filing
22requirement under sub. (3) until such time as the individual or organization again
23accepts a donation or makes an expenditure for a purpose specified in sub. (2).
AB256, s. 24 24Section 24. 11.09 (3) of the statutes is amended to read:
AB256,24,12
111.09 (3) Each registrant whose filing officer is the board, who or which makes
2disbursements in connection with elections for offices which serve or referenda
3which affect only one county or portion thereof, except a candidate, personal
4campaign committee, political party committee or other committee making
5disbursements in support of or in opposition to a candidate for state senator,
6representative to the assembly, court of appeals judge or circuit judge, shall file a
7duplicate original of each financial report filed with the board with the county clerk
8or board of election commissioners of the county in which the elections in which the
9registrant participates are held. Such reports shall be filed no later than the dates
10specified under s. 11.20 (2) and (4) for the filing of each report with the board. This
11subsection does not apply to a registrant who or which files reports under s. 11.21
12(16).
AB256, s. 25 13Section 25. 11.12 (3) of the statutes is amended to read:
AB256,24,2114 11.12 (3) All contributions, disbursements and incurred obligations exceeding
15$10 shall be recorded by the campaign or committee treasurer or the individual
16under s. 11.06 (7). He or she shall maintain such records in an organized and legible
17manner, for not less than 3 years after the date of an election in which the registrant
18participates. If a report is submitted under s. 11.19 (1), the records may be
19transferred to a continuing committee or to the appropriate filing officer for
20retention. Records shall include the information required under s. ss. 11.06 (1) and
2111.16 (2s) (a)
.
AB256, s. 26 22Section 26. 11.12 (4) of the statutes is amended to read:
AB256,25,223 11.12 (4) Each registrant shall report contributions, disbursements and
24incurred obligations in accordance with s. 11.20. Except as permitted under s. 11.06

1(2), and (3) and (3m), each report shall contain the information which is required
2under s. 11.06 (1).
AB256, s. 27 3Section 27. 11.14 (1) of the statutes is amended to read:
AB256,25,194 11.14 (1) Except as authorized in sub. (3) and as required by s. 11.16 (5), all
5funds moneys received by a campaign or committee treasurer, group treasurer,
6candidate or other individual shall be deposited in a single separate campaign
7depository account designated in accordance with s. 11.16 (3). Except as authorized
8in sub. (3), the depository account shall be established by every candidate no later
9than the time prescribed in s. 11.10 (1), and by every other individual or treasurer
10no later than the 5th business day after becoming subject to a registration
11requirement under s. 11.05 and before making any disbursement. The depository
12account may be established with any financial institution as defined in s. 705.01 (3)
13which is authorized to transact business in this state. The individual or treasurer
14of each registrant other than a conduit shall deposit all funds moneys received in the
15campaign depository account of the registrant no later than the 5th business day
16commencing after receipt. A treasurer of a conduit shall deposit all moneys received
17in the campaign depository account of the conduit no later than the 5th day
18commencing after receipt.
This subsection does not apply to a contributor committee
19or group which is exempt from registration under s. 11.05 (8).
AB256, s. 28 20Section 28. 11.16 (2e), (2m) and (2s) of the statutes are created to read:
AB256,26,321 11.16 (2e) Form of certain negotiable instruments. (a) Each contribution
22made by negotiable instrument that is transferred from the contributor to the
23recipient by another person, together with one or more additional contributions
24made by means of negotiable instruments, shall have shown on the face of the
25instrument the date that the contribution is made, the amount of the contribution

1and the name of the intended recipient. The contributor of each such contribution
2shall personally enter the information required by this subsection at the time the
3contributor transfers the contribution to the other person.
AB256,26,74 (b) No person may enter or change the date that a contribution specified in par.
5(a) is made so as to indicate a date that the contribution is made other than the date
6that the contribution is transferred by the contributor to the transferee under par.
7(a).
AB256,26,11 8(2m) Transfers of certain contributions by conduits. Each conduit who or
9which receives a contribution of money shall transfer the contribution to the
10recipient specified by the contributor within 5 days of the date on which the conduit
11receives the contribution from the contributor.
AB256,26,16 12(2s) Conduit contribution procedure. (a) Each contributor who transfers a
13contribution of money to a conduit shall make a written direction to the conduit, on
14a form prescribed by the board, specifying clearly the name of the intended recipient,
15the amount of the contribution and the date on which the contribution is made. Each
16item of information on the form shall be entered by the contributor.
AB256,26,1817 (b) No conduit may accept a contribution that is not accompanied by the
18information required under par. (a).
AB256,26,2019 (c) A conduit receiving a form prescribed under par. (a) shall retain the form
20with its records under s. 11.12 (3).
AB256,26,2321 (d) No person may enter or change a date that a contribution is made on a form
22prescribed under par. (a) so as to indicate a date that a contribution is made other
23than the actual date.
AB256, s. 29 24Section 29. 11.16 (5) of the statutes is amended to read:
AB256,27,15
111.16 (5) Escrow agreements. Any personal campaign committee, or political
2party committee or legislative campaign committee may, pursuant to a written
3escrow agreement with more than one candidate, solicit contributions for and
4conduct a joint fund raising effort or program on behalf of more than one named
5candidate. The agreement shall specify the percentage of the proceeds to be
6distributed to each candidate by the committee conducting the effort or program.
7The committee shall include this information in all solicitations for the effort or
8program. All contributions received and disbursements made by the committee in
9connection with the effort or program shall be received and disbursed through a
10separate depository account under s. 11.14 (1) that is identified in the agreement.
11For purposes of s. 11.06 (1), the committee conducting the effort or program shall
12prepare a schedule in the form prescribed by the board supplying all required
13information under s. 11.06 (1) and items qualifying for exclusion under s. 11.31 (6)
14for the effort or program, and shall transmit a copy of the schedule to each candidate
15who receives any of the proceeds within the period prescribed in s. 11.06 (4) (c).
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