AB256: Bill Text

AB256,26,7 (b) No person may enter or change the date that a contribution specified in par. (a) is made so as to indicate a date that the contribution is made other than the date that the contribution is transferred by the contributor to the transferee under par. (a).

AB256,26,11 (2m) Transfers of certain contributions by conduits. Each conduit who or which receives a contribution of money shall transfer the contribution to the recipient specified by the contributor within 5 days of the date on which the conduit receives the contribution from the contributor.

AB256,26,16 (2s) Conduit contribution procedure. (a) Each contributor who transfers a contribution of money to a conduit shall make a written direction to the conduit, on a form prescribed by the board, specifying clearly the name of the intended recipient, the amount of the contribution and the date on which the contribution is made. Each item of information on the form shall be entered by the contributor.

AB256,26,18 (b) No conduit may accept a contribution that is not accompanied by the information required under par. (a).

AB256,26,20 (c) A conduit receiving a form prescribed under par. (a) shall retain the form with its records under s. 11.12 (3).

AB256,26,23 (d) No person may enter or change a date that a contribution is made on a form prescribed under par. (a) so as to indicate a date that a contribution is made other than the actual date.

AB256, s. 29 Section 29. 11.16 (5) of the statutes is amended to read:

AB256,27,15 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).

AB256, s. 30 Section 30. 11.19 (2) of the statutes is amended to read:

AB256,28,3 11.19 (2) Notwithstanding sub. (1), any registrant other than a candidate for statewide or legislative office or a personal campaign committee of such a candidate who or which determines that obligations will no longer be incurred, contributions will no longer be made or received or disbursements made during a calendar year in an aggregate amount of more than $1,000 may file a suspension report with the appropriate filing officer. The report shall be filed and certified as were previous reports and shall contain the information required under s. 11.06 (1). Upon receipt of a properly executed report, the registrant shall be granted a suspension of the filing requirement under s. 11.20 (9) by the appropriate filing officer. Such suspension is effective only for the calendar year in which it is granted, unless the registrant alters its status before the end of such year or files a termination report under sub. (1).

AB256, s. 31 Section 31. 11.20 (1) of the statutes is amended to read:

AB256,28,14 11.20 (1) All reports required by s. 11.06 which relate to activities which promote or oppose candidates for state office or statewide referenda and all reports under s. 11.08 shall be filed with the board. All reports required by s. 11.06 which relate to activities which promote or oppose candidates for local office or local referenda shall be filed with the appropriate filing officer under s. 11.02, except reports filed under s. 11.08. Each registrant shall file the reports required by this section. If the registrant is subject to a requirement under s. 11.21 (16) to report electronically the same information that is reportable under this section, the registrant shall, in addition, file the reports required by this section recorded on a medium specified by the board.

AB256, s. 32 Section 32. 11.20 (7) of the statutes is amended to read:

AB256,28,17 11.20 (7) In the event that any report is required to be filed under this section chapter on a nonbusiness day, it may be filed on the next business day thereafter.

AB256, s. 33 Section 33. 11.21 (15) of the statutes is amended to read:

AB256,28,24 11.21 (15) Inform each candidate who files an application to become eligible to receive a grant from the Wisconsin clean election campaign system fund of the dollar amount of the applicable disbursement limitation under s. 11.31 (1), adjusted as provided in s. 11.31 (9), which applies to the office for which such person is a candidate. Failure to receive the notice required by this subsection does not constitute a defense to a violation of s. 11.27 (1) or 11.31.

AB256, s. 34 Section 34. 11.21 (17) of the statutes is created to read:

AB256,29,5 11.21 (17) No later than 24 hours after receiving any information electronically under sub. (16), or if the information is received on a Saturday, Sunday or holiday specified in s. 230.35 (4) (a), no later than 24 hours after the beginning of the first business day after receiving such information, post the information electronically for public inspection on the internet.

AB256, s. 35 Section 35. 11.21 (18) of the statutes is created to read:

AB256,29,18 11.21 (18) Conduct a biennial review of campaign finance practices in this state. The review shall include an assessment of the continued appropriateness of the contribution limitations prescribed in s. 11.26 and any other important problems that require the attention of the legislature, as well as an assessment of whether a bipartisan committee should be created to provide for additional study of issues and recommendations for possible additional legislative changes. If the board concludes that any of the contribution limitations prescribed in s. 11.26 should be increased or that any other action should be taken as a result of its review, the board shall transmit its conclusions and recommendations to the appropriate standing committees of each house of the legislature under s. 13.172 (3), together with information supporting the board's conclusions, no later than January 1 of each odd-numbered year.

AB256, s. 36 Section 36. 11.21 (19) of the statutes is created to read:

AB256,29,24 11.21 (19) Review the operation of any system adopted by a county or 1st class city to provide for public funding of campaigns for county or city offices and provide its recommendations, if any, for extension of a similar system for financing campaigns to other local offices to the appropriate standing committees of each house of the legislature under s. 13.172 (3).

AB256, s. 37 Section 37. 11.23 (4) of the statutes is amended to read:

AB256,30,7 11.23 (4) Each group or individual shall file periodic reports as provided in ss. 11.06, 11.19 and, 11.20 and 11.21 (16). Every individual acting for the purpose of influencing the outcome of a referendum shall be deemed his or her own treasurer. No disbursement may be made or obligation incurred by or on behalf of a group without the authorization of the treasurer or the treasurer's designated agents. No contribution may be accepted and no disbursement may be made or obligation incurred by any group at a time when there is a vacancy in the office of treasurer.

AB256, s. 38 Section 38. 11.24 (1s) of the statutes is created to read:

AB256,30,12 11.24 (1s) Except as authorized in ss. 11.16 (5) and 11.26 (7), no candidate, personal campaign committee, former candidate or former personal campaign committee may make a contribution to another candidate or personal campaign committee.

AB256, s. 39 Section 39. 11.24 (1t) of the statutes is created to read:

AB256,30,20 11.24 (1t) If a candidate dies or ceases to be a candidate, and the candidate's personal campaign committee thereafter files an oath under s. 11.06 (7) indicating its intent to operate as an independent committee, the committee may not make any contribution for the purpose of influencing the election of a candidate for national, state or local office in an election that is derived in whole or in part from contributions received by the committee prior to the date on which the committee files the oath under s. 11.06 (7).

AB256, s. 40 Section 40. 11.25 (2) (am) of the statutes is created to read:

AB256,31,3 11.25 (2) (am) No individual who is a candidate for any national, state or local office, personal campaign committee of such a candidate, former candidate or former personal campaign committee of a candidate or former candidate may make a disbursement for the purpose of influencing the election or nomination to election of that candidate or any other individual who is a candidate for any national, state or local office from money or property that was received by or on behalf of the candidate or former candidate when he or she was a candidate for another office.

AB256, s. 41 Section 41. 11.25 (2) (b) of the statutes is amended to read:

AB256,31,16 11.25 (2) (b) Notwithstanding par. (a), a registrant may accept contributions and make disbursements from a campaign depository account for the purpose of making expenditures in connection with a campaign for national office; for payment of civil penalties incurred by the registrant under this chapter; or for payment of the expenses of nonpartisan campaigns to increase voter registration or participation. Notwithstanding par. (a), a personal campaign committee or support committee may accept contributions and make disbursements from a campaign depository account for payment of inaugural expenses of an individual who is elected to state or local office. If such expenses are paid from contributions made to the campaign depository account, they are reportable under s. 11.06 (1) as disbursements. Otherwise, such expenses are not reportable under s. 11.06 (1). If contributions from the campaign depository account are used for such expenses, they are subject to s. 11.26.

AB256, s. 42 Section 42. 11.25 (4) of the statutes is created to read:

AB256,31,24 11.25 (4) If a candidate dies or ceases to be a candidate, and the candidate's personal campaign committee thereafter files an oath under s. 11.06 (7) indicating its intent to operate as an independent committee, the committee may not make any disbursement to advocate the election or defeat of a clearly identified candidate for national, state or local office in an election that is derived in whole or in part from contributions received by the committee prior to the date on which the committee files the oath under s. 11.06 (7).

AB256, s. 43 Section 43. 11.26 (1) (intro.) of the statutes is amended to read:

AB256,32,5 11.26 (1) (intro.) No Except as provided in sub. (9m), no individual 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:

AB256, s. 44 Section 44. 11.26 (2) (intro.) of the statutes is amended to read:

AB256,32,12 11.26 (2) (intro.) No Except as provided in sub. (9m), no committee other than a political party committee or legislative campaign committee 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:

AB256, s. 45 Section 45. 11.26 (2) (a) of the statutes is amended to read:

AB256,32,16 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) , $45,000.

AB256, s. 46 Section 46. 11.26 (2) (ae), (am) and (as) of the statutes are created to read:

AB256,32,18 11.26 (2) (ae) Candidates for lieutenant governor, $13,000.

AB256,32,19 (am) Candidates for attorney general, $22,000.

AB256,32,21 (as) Candidates for justice, secretary of state, state treasurer or state superintendent, $9,000.

AB256, s. 47 Section 47. 11.26 (2) (b) and (c) of the statutes are amended to read:

AB256,32,23 11.26 (2) (b) Candidates for state senator, $1,000 $2,000.

AB256,32,24 (c) Candidates for representative to the assembly, $500 $1,000.

AB256, s. 48 Section 48. 11.26 (4) of the statutes is amended to read:

AB256,33,5 11.26 (4) No individual 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.

AB256, s. 49 Section 49. 11.26 (7) of the statutes is created to read:

AB256,33,11 11.26 (7) Except as authorized in s. 11.16 (5), no candidate or his or her personal campaign committee may make a contribution to another candidate or his or her personal campaign committee, except a contribution in an amount not exceeding $100 in amount or value that is utilized for the purpose of financing the actual costs of an event.

AB256, s. 50 Section 50. 11.26 (8) of the statutes is amended to read:

AB256,33,18 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.

AB256,33,21 (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.

AB256,33,24 (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.

AB256, s. 51 Section 51. 11.26 (8e) of the statutes is created to read:

AB256,34,4 11.26 (8e) No candidate or his or her personal campaign committee may make any contribution to a political party, as defined in s. 5.02 (13), except a contribution in an amount not exceeding $100 in amount or value that is utilized for the purpose of financing the actual costs of an event.

AB256, s. 52 Section 52. 11.26 (8m) of the statutes is created to read:

AB256,34,9 11.26 (8m) (a) No committee may make any contribution or contributions to any other committee except a political party, personal campaign or support committee in a total amount or value exceeding $100 during a biennium, as defined in sub. (8) (a).

AB256,34,12 (b) No conduit may transfer any contribution or contributions to any committee except a political party, personal campaign or support committee in a total amount or value exceeding $100 during a biennium, as defined in sub. (8) (a).

AB256, s. 53 Section 53. 11.26 (9) (a) and (b) of the statutes are amended to read:

AB256,34,19 11.26 (9) (a) No Except as authorized under sub. (9m), 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 in 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.

AB256,34,25 (b) No individual who is a candidate for state or local office may receive and accept more than 45% of the value of the total disbursement level, as determined under s. 11.31 (1) and adjusted as provided in 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.

AB256, s. 54 Section 54. 11.26 (9) (c) of the statutes is amended to read:

AB256,35,3 11.26 (9) (c) For purposes of pars. par. (a) and (b), a "committee" includes the Wisconsin clean election campaign system fund.

AB256, s. 55 Section 55. 11.26 (9m) of the statutes is created to read:

AB256,35,16 11.26 (9m) (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 s. 11.31 (2) applies, or an opponent of such a candidate, and the total expenditures for that purpose by all such individuals and organizations aggregate more than 5% of the limitation prescribed under s. 11.31 (2), as adjusted under s. 11.31 (9), applicable to that candidate during any campaign, as defined in s. 11.31 (7), on or before the date of the primary election, or the date on which the primary election would be held, if required, the limitations prescribed in subs. (1) and (2) applicable to contributions made to that candidate in that campaign are 200% of the amounts specified in subs. (1) and (2) and the limitation prescribed under sub. (9) (a) does not apply to that candidate or to any opponent of that candidate after the date on which those total expenditures exceed that amount.

AB256,36,3 (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 s. 11.31 (2) applies, or an opponent of such a candidate, and the total expenditures for that purpose by all such individuals and organizations aggregate more than 5% of the limitation prescribed under s. 11.31 (2), as adjusted under s. 11.31 (9), applicable to that candidate during any campaign, as defined in s. 11.31 (7), 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 limitations prescribed in subs. (1) and (2) applicable to contributions made to that candidate in that campaign are 200% of the amounts specified in subs. (1) and (2) and the limitation prescribed under sub. (9) (a) does not apply to that candidate or to any opponent of that candidate after the date on which those total expenditures exceed that amount.

AB256, s. 56 Section 56. 11.26 (10) of the statutes is amended to read:

AB256,36,21 11.26 (10) No candidate for state office who files a sworn statement and application to receive a grant from the Wisconsin clean election campaign system fund may make contributions of more than 200% of the amounts specified in sub. (1) to the candidate's own campaign from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, 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 sub. (10m) or s. 11.50 (2) (i) applies. For purposes of this subsection, any contribution received by a candidate or his or her personal campaign committee from a committee which is registered with the federal elections commission as the authorized committee of the candidate under 2 USC 432 (e) shall be treated as a contribution made by the candidate to his or her own campaign. The contribution limit of sub. (4) applies to amounts contributed by such a candidate personally to the candidate's own campaign and to other campaigns, except that a candidate may exceed the limitation if authorized under this subsection to contribute more than the amount specified to the candidate's own campaign, up to the amount of the limitation.

AB256, s. 57 Section 57. 11.26 (10m) of the statutes is created to read:

AB256,37,6 11.26 (10m) (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 s. 11.31 (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 s. 11.31 (2), as adjusted under s. 11.31 (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. (10) does not apply to that candidate after the date on which those total expenditures exceed that amount.

AB256,37,16 (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 s. 11.31 (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 s. 11.31 (2), as adjusted under s. 11.31 (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. (10) does not apply to that candidate after the date on which those total expenditures exceed that amount.

AB256, s. 58 Section 58. 11.26 (17) (g) of the statutes is created to read:

AB256,38,6 11.26 (17) (g) Notwithstanding pars. (b) to (e), if at the time that the campaign of a candidate ends under this subsection, the candidate has unencumbered moneys in his or her campaign depository account, and the candidate thereafter becomes a candidate at a future election, the unencumbered moneys, less any earnings received by the candidate on those moneys, are allocated to the contribution limitations applicable to contributors to the candidate's campaign in the future election under subs. (1), (2), (9) and (10), with the contributions most recently received by the candidate allocated in the inverse order in which they were chronologically received until all such unencumbered moneys are so allocated. Within 10 days after a candidate determines that he or she must allocate a contribution received in a previous campaign pursuant to this subsection, but in no case later than 10 days after the date on which that candidate becomes a candidate in a future election, the candidate's campaign treasurer shall notify the contributor in writing of that allocation and the amount thereof.

AB256, s. 59 Section 59. 11.265 of the statutes is repealed.

AB256, s. 60 Section 60. 11.31 (1) (intro.) of the statutes is amended to read:

AB256,38,13 11.31 (1) Schedule. (intro.) The following levels of disbursements are established with reference to the candidates listed below. Except as provided in sub. subs. (2) and (2e), such levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.

AB256, s. 61 Section 61. 11.31 (1) (a), (b), (c) and (d) of the statutes are amended to read:

AB256,38,15 11.31 (1) (a) Candidates for governor, $1,078,200 $3,500,000.

AB256,38,16 (b) Candidates for lieutenant governor, $323,475 $1,125,000.

AB256,38,17 (c) Candidates for attorney general, $539,000 $750,000.

AB256,38,19 (d) Candidates for secretary of state, state treasurer, justice or state superintendent, $215,625 $350,000.

AB256, s. 62 Section 62. 11.31 (1) (de) of the statutes is created to read:

AB256,38,21 11.31 (1) (de) Candidates for justice, $400,000.

AB256, s. 63 Section 63. 11.31 (1) (e) and (f) of the statutes are amended to read:

AB256,38,25 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 $140,000.

AB256,39,3 (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 $60,000.

AB256, s. 64 Section 64. 11.31 (2) of the statutes is amended to read: