AB377: Bill Text

AB377,9,4 (14) "Primary election campaign period" means the period beginning 30 days after the last day prescribed by law for filing nomination papers for that office and ending on the day of the spring primary election for that office or the day on which the primary election would be held, if required.

AB377,9,7 (15) "Public financing qualifying period" means the period beginning on the first day of July of any year and ending on the day before the beginning of the primary election campaign period for that office.

AB377,9,11 (16) "Qualifying contribution" means a contribution of $5 made to a candidate made by an elector of the jurisdiction or district in which the candidate seeks office during the public financing qualifying period, which is acknowledged by written receipt identifying the contributor.

AB377,9,17 (17) "Seed money contribution" means a contribution in an amount of not more than $100 made to a candidate by an elector of the jurisdiction or district in which the candidate seeks office during the exploratory period or the public financing qualifying period, or a contribution made to a candidate consisting of personal funds of that candidate in an amount not more than the amount authorized under s. 11.507 during the exploratory period or the public financing qualifying period.

AB377,9,24 11.502 Qualification; certification. (1) Before a candidate for justice in the primary election may be certified as an eligible candidate to receive a public financing benefit for the primary election campaign period, the candidate shall apply to the board for a public financing benefit and file a sworn statement that the candidate has complied and will comply with all requirements of ss. 11.502 to 11.522 throughout the applicable campaign, which includes the primary and election for that office. A candidate shall file the application and statement no later than the beginning of the primary election campaign period for the office that the candidate seeks.

AB377,10,6 (2) A candidate shall be certified by the board as an eligible candidate for receipt of public financing for a primary election if the candidate complies with sub. (1) and receives at least 1,000 qualifying contributions before the close of the public financing qualifying period.

AB377,10,9 (3) The board shall verify a candidate's compliance with the requirements of sub. (2) by such verification and sampling techniques as the board considers appropriate.

AB377,10,10 (4) Each candidate shall:

AB377,10,12 (a) Acknowledge each qualifying contribution by a receipt to the contributor which contains the contributor's name and home address.

AB377,10,16 (b) No later than the 15th or the last day of the month which immediately follows the date of receipt of a qualifying contribution, whichever comes first, file a copy of the receipt under par. (a) with the board, except that during July, August and September a copy need only be filed on the last day of the month.

AB377,10,18 (5) A qualifying contribution may be utilized only for the purpose of making a disbursement authorized by law.

AB377,11,2 11.503 Time of application. (1) Before a candidate may be certified as eligible for receipt of public financing for a spring election, the candidate shall apply to the board and file a sworn statement that the candidate has fulfilled all the requirements of ss. 11.502 to 11.522 during the primary election campaign period and will comply with such requirements during the election campaign period. The application shall be filed no later than the 7th day after the date of the spring primary election or the day on which the primary election would be held if a primary were required.

AB377,11,5 (2) The board shall certify a candidate as an eligible candidate for receipt of public financing for a spring election if the candidate complies with sub. (1) and the candidate was an eligible candidate during the primary election campaign period.

AB377,11,13 11.505 Agreement by candidate. An eligible candidate who accepts a public financing benefit under ss. 11.502 to 11.522 during the primary election campaign period shall agree to comply with all requirements of ss. 11.502 to 11.522 throughout the election campaign period during the same campaign as a precondition to receipt of public financing. An eligible candidate who accepts a public financing benefit during a primary election campaign period may not elect to accept private contributions in violation of ss. 11.502 to 11.522 during the corresponding election campaign period.

AB377,11,17 11.506 Requirements imposed upon candidates. (1) An eligible candidate may not accept private contributions other than seed money contributions and qualifying contributions that the candidate accepts during the exploratory period and the public financing qualifying period.

AB377,11,25 (2) In addition to reports required to be filed under ss. 11.12 (5) and 11.20, a candidate who receives a public financing benefit shall furnish complete financial records, including records of seed money contributions, qualifying contributions and disbursements, to the board on the 15th or the last day of the month that immediately follows the receipt of the contribution or the making of the disbursement, whichever comes first, except that during July, August and September records need only be furnished on the last day of the month. Each such candidate shall cooperate with any audit or examination by the secretary of state.

AB377,12,9 (3) In addition to adhering to requirements imposed under ss. 11.06 (5) and 11.12 (3), a candidate who receives a public financing benefit shall maintain records of all contributions received by the candidate of more than $5 but less than $50, including seed money contributions and qualifying contributions, which shall contain the full name of the contributor and the contributor's full home address. In addition, if a contributor's aggregate contributions to any candidate exceed $50 for any campaign, the candidate shall also maintain a record of the contributor's principal occupation and the name and business address of the contributor's place of employment.

AB377,12,11 (4) The failure to record or provide the information specified in sub. (3) disqualifies a contribution from counting as a qualifying contribution.

AB377,12,14 (5) No eligible candidate and no person acting on a candidate's behalf may deposit any contribution that is not recorded in accordance with sub. (3) in a candidate's campaign depository account.

AB377,12,18 (6) No eligible candidate may accept more than $25 in cash from any contributor and no such candidate may accept cash from all sources in a total amount greater than one-tenth of 1% of the public financing benefit for the office that the candidate seeks or $500, whichever is greater.

AB377,12,21 11.507 Personal funds of candidates. (1) The personal funds of a candidate contributed as seed money contributions may not exceed an aggregate amount of $5,000.

AB377,12,23 (2) No eligible candidate may make any disbursement derived from personal funds after the close of the public financing qualifying period.

AB377,13,5 11.508 Seed money contributions. (1) An eligible candidate may accept seed money contributions from any individual or committee prior to the end of the public financing qualifying period, provided the total contributions from one contributor, except personal funds and qualifying contributions otherwise permitted under ss. 11.502 to 11.522, do not exceed $100, and the aggregate contributions, including personal funds, but not including qualifying contributions, do not exceed $5,000.

AB377,13,8 (2) An eligible candidate may make disbursements derived from seed money contributions only during the exploratory period and the public financing qualifying period.

AB377,13,20 11.509 Excess contributions. If an eligible candidate receives excess seed money contributions or qualifying contributions on an aggregate basis, the candidate may retain the contributions and make disbursements derived from the contributions, in an amount not exceeding $15,000. An amount equivalent to the excess contributions shall be deducted by the board from the candidate's public financing benefit. A candidate shall return to the board all seed money and qualifying contributions that exceed the limits prescribed in this section within 48 hours after the end of the exploratory period. A candidate shall also return to the board any seed money and qualifying contributions that have not been encumbered or expended by the beginning of the primary election campaign period. The board shall deposit all contributions returned under this section in the democracy trust fund.

AB377,14,3 11.51 Certification by candidate; line of credit. (1) To apply for a public financing benefit, a candidate shall certify to the board that the candidate has complied and will comply, throughout the applicable campaign, with all requirements of ss. 11.502 to 11.522 and that all disclosures required as of the time of application have been made, and shall present evidence of the requisite number of qualifying contributions received by the candidate. The candidate's request for certification shall be signed by the candidate and the candidate's campaign treasurer.

AB377,14,9 (2) The board shall distribute to each eligible candidate at the spring primary election a line of credit for public financing promptly after the candidate demonstrates his or her eligibility and, in any event, not later than 5 days after the end of the public financing qualifying period; however, no candidate may utilize a line of credit under this subsection until the beginning of the primary election campaign period.

AB377,14,16 (3) The board shall distribute to each eligible candidate for justice at a spring election a line of credit for public financing not later than 48 hours after the date of the spring primary election for the office of justice, or the date that the primary election would be held if a primary were required. However, no candidate for a particular office shall receive a line of credit until all candidates for the same office who apply and qualify for a public financing benefit have been certified as eligible candidates.

AB377,14,20 (4) If any candidate who receives a public financing benefit violates the requirements of ss. 11.502 to 11.522, the board shall require the candidate to repay all public funds received by the candidate to the board. The board shall deposit all repayments received under this subsection in the democracy trust fund.

AB377,15,4 11.511 Public financing benefits. (1) The board shall provide to each eligible candidate who qualifies to receive a public financing benefit for the primary or election campaign period separate lines of credit for the primary and election campaign periods in the amounts specified in this section, subject to any required adjustment under s. 11.509, 11.512 (2), 11.513 (2) or 11.519 (2). An eligible candidate may use this credit to finance any lawful disbursements during the primary and election campaign periods to further the election of the candidate in that primary or election. An eligible candidate may not use this credit to repay any loan, or in violation of ss. 11.502 to 11.522 or any other applicable law.

AB377,15,6 (2) The public financing benefit for a primary election campaign period is $100,000.

AB377,15,7 (3) The public financing benefit for an election campaign period is $300,000.

AB377,15,13 (4) An eligible candidate in an election in which there are no other candidates, other than write-in candidates, who have received contributions of more than $1,000 in the aggregate, as of the day preceding the beginning of the primary election campaign period for the election in which the eligible candidate seeks office, shall receive a line of credit valued at 25% of the public financing benefit for the primary election campaign period.

AB377,15,16 (5) An eligible candidate in an election in which there are no other candidates whose names appear on the ballot shall receive a line of credit valued at 25% of the public financing benefit for the election campaign period.

AB377,15,21 (6) Notwithstanding subs. (2) and (3), beginning on April 1, 2000, and every 2 years thereafter, the board shall modify the public financing benefits provided for in subs. (2) and (3) to adjust for the change in the consumer price index, all items, U.S. city average, published by the U.S. department of labor for the preceding 2-year period ending on December 31.

AB377,16,17 11.512 Financial activity by noncomplying candidates. (1) In addition to other reports required by law, a noncomplying candidate for an office at a primary or election who receives contributions or makes or obligates to make disbursements in an amount more than 5% greater than the public financing benefit applicable to an eligible candidate for the same office at the same primary or election shall file a report with the board itemizing the total contributions received and disbursements made or obligated to be made by the candidate as of the date of the report. The board shall transmit copies of the report to all candidates for the same office at the same election. A noncomplying candidate shall file additional reports after the candidate receives each additional $1,000 of contributions, or the candidate makes or obligates to make each additional $1,000 of disbursements. If such contributions are received or such disbursements are made or obligated to be made more than 6 weeks prior to the date of the primary election at which the name of the candidate appears on the ballot, or prior to the date that the primary election would be held, if a primary were required, such reports shall be made at the next regular reporting interval under s. 11.506. If such contributions are received or such disbursements made or obligated to be made within 6 weeks prior to the date of the primary election at which the name of the candidate appears on the ballot, or within 6 weeks prior to the date that the primary election would be held, if a primary were required, such reports shall be made within 24 hours after each instance in which such contributions are received, or such disbursements are made or obligated to be made.

AB377,16,21 (2) Upon receipt of such information, the board shall immediately credit an opposing eligible candidate's account with an additional amount equivalent to the total excess disbursements made or obligated to be made, but not to exceed 3 times the public financing benefit for the applicable office.

AB377,17,8 11.513 Independent disbursements. (1) If any person makes, or becomes obligated to make, by oral or written agreement, an independent disbursement in excess of $1,000 with respect to a candidate for the office of justice at a spring primary or election, that person shall file with the board a notice of such disbursement or obligation to make such a disbursement. Any such person shall file reports of such disbursements or obligations to make such disbursements on the 15th or last day of the month that immediately follows the date of the disbursement or the obligation to make the disbursement, whichever comes first, except that, within 6 weeks prior to the date of the spring primary election, the person shall file such reports within 24 hours after each independent disbursement is made or obligated to be made. Any such person shall file additional reports after each additional $1,000 of disbursements are made or obligated to be made.

AB377,17,14 (2) When the aggregate independent disbursements against an eligible candidate for an office or for the opponents of that candidate exceed 20% of the public financing benefit for that office in any campaign, the board shall immediately credit that candidate's account with an additional line of credit equivalent to the total disbursements made or obligated to be made, but not to exceed 3 times the public financing benefit for the applicable office.

AB377,17,18 11.515 Democracy trust fund. (1) The democracy trust fund shall be administered by the state treasurer. The state treasurer shall contract with a debit card issuer to permit eligible candidates and their agents to draw upon the fund through an account with the issuer.

AB377,17,23 (2) Upon a determination of a candidate's eligibility for a public financing benefit as provided for in s. 11.51 (1), the state treasurer shall issue to the eligible candidate a debit card, which shall be known as the fair election debit card, entitling the candidate and agents of the candidate designated by the candidate to draw money from an account to make disbursements on behalf of the candidate.

AB377,18,5 (3) No eligible candidate or agent of an eligible candidate may make any disbursement by any other means other than through the use of the fair election debit card. No such candidate or agent may utilize a fair election debit card to obtain cash, except that cash amounts of $100 or less may be drawn on the fair election debit card and used to make disbursements of no more than $25. A candidate shall maintain records of all such disbursements and shall report such disbursements to the board in accordance with s. 11.506.

AB377,18,8 11.516 Administration. Except as otherwise specifically provided in ss. 11.501 to 11.522, the duties of and authority for administering and enforcing ss. 11.501 to 11.522 are vested in the board.

AB377,18,12 11.517 Penalties; enforcement. (1) If an eligible candidate makes disbursements that exceed the public financing benefit allocated to the candidate for any campaign, the candidate may be required to forfeit not more than 10 times the amount by which the disbursements exceeded the allocation.

AB377,18,15 (2) Any eligible candidate who accepts contributions in excess of any limitation imposed under ss. 11.502 to 11.522 may be required to forfeit not more than 10 times the amount by which the contributions exceed the applicable limitation.

AB377,18,23 (3) If the board finds that there is probable cause to believe that a candidate has made excess disbursements or has accepted excess contributions contrary to sub. (1) or (2), the board shall attempt for a period of not more than 14 days after its finding to correct the matter by informal methods of conference and conciliation and to enter into a settlement and conciliation agreement under s. 5.05 (1) (c) with the person involved. A settlement and conciliation agreement made pursuant to this subsection shall be a matter of public record. Unless violated, a settlement and conciliation agreement is a bar to any civil action under sub. (4).

AB377,19,4 (4) If the board has probable cause to believe that a candidate has made excess disbursements or has accepted excess contributions and the board is unable to correct the matter by informal methods within the time prescribed in sub. (3), the board shall make a public finding of probable cause in the matter. After making a public finding, the board shall bring an action in the circuit court for Dane County to impose a forfeiture under sub. (1) or (2).

AB377,19,11 (5) If an elector believes that a candidate has violated ss. 11.502 to 11.522 and the elector is entitled to vote for or against the candidate in the election in connection with which the violation is alleged to occur, the elector may file a complaint with the board requesting it to take remedial action. If the board refuses to take remedial action or, within 30 days after the filing of such a complaint, fails to take remedial action, the elector may commence a civil action in the appropriate circuit court under sub. (4) requesting the court to impose a forfeiture under sub. (1) or (2).

AB377,19,14 (6) The board and courts shall expedite all proceedings under ss. 11.502 to 11.522 so that all complaints brought prior to an election are resolved, to the extent possible, before the election is held.

AB377,19,18 (7) If a complaint brought under ss. 11.502 to 11.522 is resolved against the complainant and is found to have been brought in bad faith and without reasonable basis therefor, the board or court may assess costs, including reasonable attorney fees, against the complainant.

AB377,19,23 11.518 Prohibited acts. (1) If a candidate or agent of a candidate knowingly accepts more contributions than the candidate is entitled to receive, or makes disbursements exceeding the amount of the public financing benefit received by the candidate, the candidate or agent may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB377,20,3 (2) If a candidate who receives a public financing benefit, or an agent of such a candidate, knowingly makes a disbursement by means other than through use of the fair election debit card, except as permitted under s. 11.515 (3), the candidate or agent may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB377,20,8 (3) If, in connection with the receipt or disbursement of a public financing benefit for an election campaign, any person knowingly provides false information to the board, or knowingly conceals or withholds information from the board, that person may be fined not more than $25,000 or imprisoned for not more than 5 years or both.

AB377,20,12 11.519 Mass mailings. (1) No person may conduct any mass mailing using state funds on behalf of any person who is a candidate for the office of justice at the spring election during the period between December 1 preceding that election and May 31 following that election.

AB377,20,20 (2) If any person uses state funds to conduct a mass mailing on behalf of any person who is a candidate for the office of justice at the spring election during the period between September 1 and November 30 preceding that election, the board shall immediately credit the accounts of all other eligible candidates for justice on behalf of whom the mailing is conducted with an additional line of credit equal to the cost of printing and mailing of that mass mailing. The additional line of credit may be used solely to fund a mailing promoting the candidacy of the candidate who receives the credit.

AB377,20,24 (3) A candidate for justice at the spring election who plans to use state funds for a mass mailing shall notify the board in writing of his or her intent to do so no later than September 1 preceding the spring election, and shall complete the mailing no later than the following November 30.

AB377,21,6 (4) All mass mailings funded by the state on behalf of any person who is a candidate for justice at the spring election during the period between September 1 and November 30 preceding that election and all mass mailings authorized under sub. (2) shall be issue oriented and nonpolitical, shall not mention any of a candidate's opponents by name and shall be reviewed and approved by the board for compliance with such requirements in advance of the mailing.

AB377,21,10 (5) Except as permitted under sub. (2), no state funds may be used by any incumbent individual holding the office of justice to conduct a mass mailing on behalf of a candidate for that office at the spring election after November 30 preceding that election.

AB377,21,14 11.522 Contributions to noncomplying candidates; attributions. (1) A noncomplying candidate may accept contributions from private sources without limitation, except that no person may make any contribution or contributions to a noncomplying candidate exceeding a total of $1,000 during any campaign.

AB377,21,18 (2) Any electronic or print communication paid for or authorized by a noncomplying candidate shall contain the following sentence: "This communication is paid for with money raised from private sources. This candidate has not agreed to abide by campaign contribution and spending limits."

AB377, s. 18 Section 18. 20.510 (1) (r) of the statutes is created to read:

AB377,21,21 20.510 (1) (r) Democracy trust fund administration. From the democracy trust fund, a sum sufficient for the administration of ss. 11.501 to 11.522.

AB377, s. 19 Section 19. 20.585 (1) (q) of the statutes is created to read:

AB377,21,25 20.585 (1) (q) Democracy trust fund. As a continuing appropriation, from the democracy trust fund, the moneys determined under ss. 11.501 to 11.522 to provide for payments to eligible candidates.

AB377, s. 20 Section 20. 20.585 (1) (r) of the statutes is created to read:

AB377,22,3 20.585 (1) (r) Democracy trust fund administration. From the democracy trust fund, a sum sufficient for the administration of ss. 11.501 to 11.522.

AB377, s. 21 Section 21. 20.855 (4) (bb) of the statutes is created to read:

AB377,22,9 20.855 (4) (bb) Democracy trust fund transfer. A sum sufficient equal to the amounts required to provide lines of credit that candidates qualify to receive from the democracy trust fund, to be transferred from the general fund to the democracy trust fund no later than the time required to make payments of grants under s. 11.51 (2) and (3).

AB377, s. 22 Section 22. 25.17 (1) (cm) of the statutes is created to read:

AB377,22,11 25.17 (1) (cm) Democracy trust fund (s. 25.421);

AB377, s. 23 Section 23. 25.421 of the statutes is created to read:

AB377,22,16 25.421 Democracy trust fund. All moneys appropriated under s. 20.855 (4) (bb) and all moneys deposited in the state treasury under ss. 11.509 and 11.51 (4) constitute the democracy trust fund, to be expended for the purposes of ss. 11.501 to 11.522.

AB377,22,17 (End)