AB701: Bill Text

AB701,24,13 7.51 (1) Canvass procedure. Immediately after the polls close the inspectors shall proceed to canvass publicly all votes received at the polling place. In any municipality where an electronic voting system is used, the municipal governing body or board of election commissioners may provide or authorize the municipal clerk or executive director of the board of election commissioners to provide for the adjournment of the canvass to one or more central counting locations for specified polling places in the manner prescribed in subch. III of ch. 5. No central counting location may be used to count votes at a polling place where an electronic voting system is not employed. The canvass, whether conducted at the polling place or at the central counting location, shall continue without adjournment until the canvass is completed and the return statements are made. The inspectors shall not permit access to the name of any elector who has obtained a confidential listing under s. 6.47 (2) during the canvass, except as authorized in s. 6.47 (8).

AB701, s. 26 Section 26. 7.53 (2) (a) of the statutes is amended to read:

AB701,25,2 7.53 (2) (a) Except as provided in par. (c), the municipal board of canvassers for municipal elections in each municipality utilizing more than one polling place shall be composed of the municipal clerk and 2 other 3 qualified electors of the municipality, other than the municipal clerk, who shall be appointed by the clerk. The members of the board of canvassers shall serve for 2-year terms commencing on January 1 of each odd-numbered year, except that any member who is appointed to fill a permanent vacancy shall serve for the unexpired term of the original appointee. If the municipal clerk's office is vacant, if the clerk cannot perform his or her duties or if the clerk is a candidate at an election being canvassed, the mayor, president or board chairperson of the municipality shall designate another qualified elector of the municipality to serve in lieu of the clerk for that election. If any other member of the board of canvassers is a candidate at the election being canvassed, the clerk shall appoint another qualified elector of the municipality to temporarily fill the vacancy.

AB701, s. 27 Section 27. 8.35 (4) (b) to (d) of the statutes are amended to read:

AB701,25,12 8.35 (4) (b) Notwithstanding par. (a), if the former candidate received a grant from the Wisconsin election campaign fund, any unspent and unencumbered moneys received by a in the campaign depository account of that candidate from the Wisconsin election campaign fund, up to the amount of the grant received, shall be immediately transferred to any candidate who is appointed to replace such candidate, upon filing of a proper and approval of an application therefor for a grant by the replacement candidate under s. 11.50 (2). If there is no candidate appointed or if no proper application is filed and approved within 7 days of the date on which the vacancy occurs, such moneys shall revert to the state as provided in s. 11.50 (8).

AB701,25,23 (c) The transfer to the replacement candidate under par. (b) shall be made and reported to the appropriate filing officer in a special report submitted by the former candidate's campaign treasurer. If the former candidate is deceased and was serving as his or her own campaign treasurer, the former candidate's petitioner or personal representative shall file the report and make the transfer required by par. (b), if any and file the report. The report shall be made in the manner provided under s. 11.21 (16), if applicable, or otherwise at the appropriate interval under s. 11.20 (2) or (4) and shall include a complete statement of all contributions, disbursements and incurred obligations pursuant to s. 11.06 (1) covering the period from the day after the last date covered on the former candidate's most recent report to the date of disposition.

AB701,26,2 (d) The newly appointed candidate shall file his or her report in the manner provided under s. 11.21 (16), if applicable, or otherwise at the next appropriate interval under s. 11.20 (2) or (4) after his or her appointment. The appointed candidate shall include any transferred funds moneys in his or her first report.

AB701, s. 28 Section 28. 9.01 (1) (a) of the statutes is amended to read:

AB701,27,7 9.01 (1) (a) Any candidate voted for at any election or any elector who voted upon any referendum question at any election may request a recount. The petitioner shall file a verified petition or petitions accompanied by the fee prescribed in par. (ag), if any, with the proper clerk or body under par. (ar) not earlier than the time of completion of the canvass and not later than 5 p.m. on the 3rd business day following the last meeting day of the municipal or county board of canvassers determining the election for that office or on that referendum question or, if more than one board of canvassers makes the determination not later than 5 p.m. on the 3rd business day following the last meeting day of the last board of canvassers which makes a determination. If the chairperson of the board makes the determination for the office or the referendum question, the petitioner shall file the petition not earlier than the last meeting day of the last county board of canvassers to make a statement in the election or referendum and not later than 5 p.m. on the 3rd business day following the day on which the elections board receives the last statement from a county board of canvassers for the election or referendum. Each verified petition shall state that at the election the petitioner was a candidate for the office in question or that he or she voted on the referendum question in issue; that the petitioner is informed and believes that a mistake or fraud has been committed in a specified ward or municipality in the counting and return of the votes cast for the office or upon the question; or shall specify any other defect, irregularity or illegality in the conduct of the election. The petition shall specify each ward, or each municipality where no wards exist, in which a recount is desired. If a recount is requested for all wards within a jurisdiction, each ward need not be specified. The petition may be amended to include information discovered as a result of the investigation of the board of canvassers or the chairperson of the board after the filing of the petition, if the petitioner moves to amend the petition as soon as possible after the petitioner discovered or reasonably should have discovered the information which is the subject of the amendment and the petitioner was unable to include information in the original petition.

AB701, s. 29 Section 29. 9.01 (1) (ad) of the statutes is created to read:

AB701,27,12 9.01 (1) (ad) Upon receiving a petition for a recount, the clerk or body receiving the petition shall calculate any fee due under par. (ag) 1m. or reasonably estimate any fee due under par. (ag) 2. The clerk or body shall provide the petitioner promptly with the total due or estimate.

AB701, s. 30 Section 30. 9.01 (1) (ag) 1. of the statutes is amended to read:

AB701,27,20 9.01 (1) (ag) 1. Each petition for a recount shall be accompanied by the fee prescribed in this paragraph. If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is less than 10 if 1,000 or less votes are cast or less not more than .5% 0.5% of the total votes cast for the office or on the question if more than 1,000 votes are cast, the petitioner is not required to pay a fee.

AB701, s. 31 Section 31. 9.01 (1) (ag) 1m. of the statutes is created to read:

AB701,28,3 9.01 (1) (ag) 1m. If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is at least 10 if 1,000 or less votes are cast or is more than 0.5% but not more than 2% if more than 1,000 votes are cast, the petitioner shall pay a fee of $5 for each ward for which the petition requests a ballot recount, or $5 for each municipality for which the petition requests a recount where no wards exist.

AB701, s. 32 Section 32. 9.01 (1) (ag) 2. of the statutes is amended to read:

AB701,28,11 9.01 (1) (ag) 2. If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is at least 10 if 1,000 or less votes are cast or at least .5% more than 2% if more than 1,000 votes are cast, the petitioner shall pay a fee of $5 for equal to the actual cost of performing the recount in each ward for which the petition requests a ballot recount, or $5 for in each municipality for which the petition request a recount where no wards exist.

AB701, s. 33 Section 33. 9.01 (1) (ag) 3. of the statutes is amended to read:

AB701,28,16 9.01 (1) (ag) 3. All fees calculated or estimated under par. (ad) shall be prepaid in cash or another form of payment which is acceptable to the officer to whom they are paid. No petition for which a fee is required is valid unless the proper calculated or estimated fee is paid at the time of filing.

AB701, s. 34 Section 34. 9.01 (1) (ag) 3m. of the statutes is created to read:

AB701,28,23 9.01 (1) (ag) 3m. The petitioner shall pay any balance owing toward the fee due under subd. 2. within 30 days after the clerk or body receiving the petition provides the petitioner with a written statement of the amount due. If the petitioner has overpaid the fee due under subd. 2., the clerk or body receiving the petition shall refund the amount overpaid within 30 days after the board of canvassers makes its determination in the recount.

AB701, s. 35 Section 35. 9.01 (1) (ar) 3. of the statutes is amended to read:

AB701,29,15 9.01 (1) (ar) 3. Upon receipt of Whenever a clerk receives a valid petition and any payment under par. (ag) 3., the clerk shall thereupon notify the proper board of canvassers. Upon receipt of Whenever the board receives a valid petition by the board and any payment under par. (ag) 3., the board shall promptly by certified mail or other expeditious means order the proper county boards of canvassers to commence the recount. County boards of canvassers shall convene no later than 9 a.m. on the second day following after receipt of an order and may adjourn for not more than one day at a time until the recount is completed in the county, except that the board may permit extension of the time for adjournment. Returns from a recount ordered by the board shall be transmitted to the office of the board as soon as possible, but in no case later than 13 days from the date of the order of the board directing the recount. The chairperson of the board may not make a determination in any election if a recount is pending before any county board of canvassers in that election. The chairperson of the board need not recount actual ballots, but shall verify the returns of the county boards of canvassers in making his or her determinations.

AB701, s. 36 Section 36. 9.01 (1) (b) 11. of the statutes is amended to read:

AB701,29,23 9.01 (1) (b) 11. All steps of the recount shall be performed publicly. All Except as provided in subd. 12., all materials and ballots may be viewed and identified by the candidates, the person demanding the recount and their authorized representatives and counsel, but only members of the board of canvassers and tabulators assisting them may touch any of the materials or ballots. The candidates, the person demanding the recount and their authorized representatives and counsel may object to the counting of any ballot. Any errors shall be corrected.

AB701, s. 37 Section 37. 9.01 (1) (b) 12. of the statutes is created to read:

AB701,30,3 9.01 (1) (b) 12. Except as authorized in s. 6.47 (8), the board of canvassers shall not permit access to the name of any elector who has obtained a confidential listing under s. 6.47 (2) during the recanvass.

AB701, s. 38 Section 38. 11.01 (11) of the statutes is amended to read:

AB701,30,9 11.01 (11) "Incurred obligation" means every express obligation to make any contribution or disbursement including every loan, guarantee of a loan or other obligation or payment for any goods, or for any services which have been performed or are to be performed in the future, that is incurred by a candidate, any person, including any committee, individual or group, for political purposes.

AB701, s. 39 Section 39. 11.05 (2r) of the statutes is amended to read:

AB701,31,6 11.05 (2r) (a) Any person, committee or group, other than a committee or individual required to file an oath a statement under s. 11.06 (7) (a), who or which does not anticipate accepting contributions, making disbursements or incurring obligations in an aggregate amount in excess of $1,000 in a calendar year and does not anticipate accepting any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in that year may indicate on its registration statement that the person, committee or group will not accept contributions, incur obligations or make disbursements in the aggregate in excess of $1,000 in any calendar year and will not accept any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in such year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date that aggregate contributions, disbursements or obligations for the calendar year exceed $1,000, or the date on which the registrant accepts any contribution or contributions exceeding $100 from a single source, other than contributions made by a candidate to his or her own campaign, during that year, whichever is earlier. If the revocation is not timely, the registrant violates s. 11.27 (1).

AB701, s. 40 Section 40. 11.05 (3) (q) of the statutes is created to read:

AB701,31,16 11.05 (3) (q) In the case of a registrant who or which does not maintain a street address within this state, a report providing the information specified by the board for the portion of the year in which the registrant initially files a statement under this section before filing that statement and the one-year period preceding the beginning of that year, plus any additional period required under sub. (7m) to enable the registrant to make a contribution or disbursement from the property or funds. The report required under this paragraph may be filed no later than 10 days following the remainder of a statement filed under this section. A registration lapses if the report required under this paragraph is not filed in a timely manner.

AB701, s. 41 Section 41. 11.05 (7) of the statutes is amended to read:

AB701,32,3 11.05 (7) Change in status of new registrant. Notwithstanding sub. (6) Except as provided in sub. (7m), any individual or organization who or which has received property or funds which were not intended for political purposes in connection with an election for state or local office at the time of receipt may make contributions or disbursements from such property or funds in connection with an election for state or local office if the individual or organization complies with applicable provisions of sub. (1), (2) or (2g) as soon as such intent changes. For purposes of s. 11.06 (1), all property or funds which are in a registrant's the possession of such an individual or organization on the date of registration under this section shall be treated as received on the date that such intent changes so that the property or funds are to be used for political purposes in connection with an election for state or local office.

AB701, s. 42 Section 42. 11.05 (7m) of the statutes is created to read:

AB701,32,19 11.05 (7m) Nonresident registrants; additional information. If a registrant who or which does not maintain a street address in this state has property or funds in the possession of the registrant on the date of registration from which the registrant wishes to make a contribution or disbursement, the registrant may make a contribution or disbursement from the property or funds to the extent permitted under this chapter if the registrant obtained the property or funds from sources and in amounts that were lawful under this chapter at the time that the property or funds were received by the registrant, and the registrant reports to the appropriate filing officer the information specified by the board under sub. (3) (q) with respect to the property or funds prior to making any contribution or disbursement from the property or funds. For purposes of determining the source of property or funds in the possession of a registrant at the time of registration under this subsection, the property and funds in the possession of a registrant shall be allocated to the sources from which the registrant received property and funds in the inverse order in which the property and funds were chronologically received.

AB701, s. 43 Section 43. 11.06 (1) (intro.) of the statutes is amended to read:

AB701,33,2 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (3) and (3m) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make full reports, upon a form prescribed by the board and signed by the appropriate individual under sub. (5), of all contributions received, contributions or disbursements made, and obligations incurred. Each report shall contain the following information, covering the period since the last date covered on the previous report, unless otherwise provided:

AB701, s. 44 Section 44. 11.06 (1) (h) of the statutes is amended to read:

AB701,33,7 11.06 (1) (h) An itemized statement of every incurred obligation exceeding $20 in amount or value, together with the name of the person or business with whom the obligation was incurred, and the date and the specific purpose for which each such the obligation was incurred.

AB701, s. 45 Section 45. 11.06 (3) (b) of the statutes is repealed.

AB701, s. 46 Section 46. 11.06 (3r) of the statutes is repealed.

AB701, s. 47 Section 47. 11.06 (3x) of the statutes is created to read:

AB701,33,16 11.06 (3x) Return of contributions. Each registrant who or which receives an unlawful contribution or a contribution in an amount or value that exceeds the amount or value that is permitted to be received from the donor shall promptly return the contribution or portion thereof that is unlawfully contributed to the donor or, if the contribution is made anonymously, shall donate the contribution to the common school fund.

AB701, s. 48 Section 48. 11.06 (4) (b) of the statutes is amended to read:

AB701,34,2 11.06 (4) (b) Unless Each registrant who or which receives any contribution shall report the contribution as received and accepted on the date received, unless it is returned or donated within 15 30 days of receipt, a contribution must be reported as received and accepted on the date received. For purposes of this chapter, a contribution is considered to be accepted if it is not returned or donated within the period prescribed under this paragraph. This subsection paragraph applies notwithstanding the fact that the contribution is not deposited in the into a campaign depository account by the closing date for the a reporting period as provided in s. 11.20 (8) or the reporting deadline provided in s. 11.21 (16).

AB701, s. 49 Section 49. 11.12 (4) of the statutes is amended to read:

AB701,34,8 11.12 (4) Each registrant shall report contributions, disbursements and incurred obligations in accordance with s. 11.20, and if the registrant files reports under s. 11.21 (16), in accordance with s. 11.21 (16). Except as permitted under s. 11.06 (2), (3) and (3m), each report shall contain the information which is required under s. 11.06 (1).

AB701, s. 50 Section 50. 11.14 (3) of the statutes is amended to read:

AB701,34,22 11.14 (3) Notwithstanding sub. (1), any candidate who serves as his or her own campaign treasurer and who is authorized to make and makes an indication on his or her registration statement exempted from reporting under s. 11.05 (2r) that he or she will not accept contributions, make disbursements or incur obligations in an aggregate amount exceeding $1,000 in a calendar year, and will not accept any contribution or contributions from a single source, other than contributions made by the candidate to his or her own campaign, exceeding $100 in a calendar year, may designate a single personal account as his or her campaign depository account, and may intermingle personal and other funds with campaign funds. If a separate depository account is later established by the candidate, the candidate shall transfer all campaign funds in the personal account to the new depository account. Disbursements made from such personal account need not be identified in accordance with s. 11.16 (3).

AB701, s. 51 Section 51. 11.20 (10) (a) of the statutes is amended to read:

AB701,35,5 11.20 (10) (a) Where a requirement is imposed under this section for the filing of a financial report which is to be received by the appropriate filing officer no later than a certain date, the requirement may be satisfied either by actual receipt of the report by the prescribed time for filing at the office of the filing officer, or by filing a report with the U.S. postal service by first class mail with sufficient prepaid postage, addressed to the appropriate filing officer, no later than the 3rd day before the date provided by law for receipt of such report.

AB701, s. 52 Section 52. 11.21 (15) of the statutes is amended to read:

AB701,35,12 11.21 (15) Inform each candidate who files an application to become eligible to receive a grant from the Wisconsin election campaign fund of the dollar amount of the applicable disbursement limitation under s. 11.31 (1), 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.

AB701, s. 53 Section 53. 11.21 (18) of the statutes is created to read:

AB701,35,22 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. 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.

AB701, s. 54 Section 54. 11.25 (2) (ap) of the statutes is created to read:

AB701,36,2 11.25 (2) (ap) No committee identified under s. 11.05 (3) (c) as a special interest committee that receives a contribution made or transferred to the committee in violation of this chapter may make a disbursement from the property or funds that constitute that contribution.

AB701, s. 55 Section 55. 11.26 (2) (a) of the statutes is amended to read:

AB701,36,7 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) , as adjusted under s. 11.31 (9).

AB701, s. 56 Section 56. 11.26 (8m) of the statutes is created to read:

AB701,36,12 11.26 (8m) (a) No committee identified under s. 11.05 (3) (c) as a special interest committee may make any contribution or contributions in an amount or value exceeding $100 cumulatively within a calendar year to any other committee identified under s. 11.05 (3) (c) as a special interest committee.

AB701,36,15 (b) No conduit may transfer any contribution or contributions in an amount or value exceeding $100 cumulatively within a calendar year to any committee identified under s. 11.05 (3) (c) as a special interest committee.

AB701, s. 57 Section 57. 11.26 (9) (a) of the statutes is amended to read:

AB701,36,22 11.26 (9) (a) (intro.) No individual who is a candidate for state or local office may receive and accept more than 65% 60% of the value of the total disbursement level determined under s. 11.31 (1), as adjusted under s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party and legislative campaign committees.

AB701, s. 58 Section 58. 11.26 (9) (b) of the statutes is amended to read:

AB701,37,4 11.26 (9) (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 determined under s. 11.31 (1), as adjusted under s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement.

AB701, s. 59 Section 59. 11.31 (1) (a) of the statutes is amended to read:

AB701,37,6 11.31 (1) (a) Candidates for governor, $1,078,200 $2,500,000.

AB701, s. 60 Section 60. 11.31 (1) (b) of the statutes is amended to read:

AB701,37,8 11.31 (1) (b) Candidates for lieutenant governor, $323,475 $400,000.

AB701, s. 61 Section 61. 11.31 (1) (c) of the statutes is amended to read:

AB701,37,10 11.31 (1) (c) Candidates for attorney general, $539,000 or justice, $400,000.

AB701, s. 62 Section 62. 11.31 (1) (cm) of the statutes is created to read:

AB701,37,12 11.31 (1) (cm) Candidates for state superintendent, $250,000.

AB701, s. 63 Section 63. 11.31 (1) (d) of the statutes is amended to read:

AB701,37,15 11.31 (1) (d) Candidates for secretary of state, or state treasurer, justice or state superintendent, $215,625 $100,000.

AB701, s. 64 Section 64. 11.31 (1) (e) and (f) of the statutes are amended to read:

AB701,37,19 11.31 (1) (e) Candidates for state senator, $34,500 $70,000 total in the primary and election, with disbursements not exceeding $21,575 $43,775 for either the primary or the election.

AB701,37,22 (f) Candidates for representative to the assembly, $17,250 $35,000 total in the primary and election, with disbursements not exceeding $10,775 $21,850 for either the primary or the election.

AB701, s. 65 Section 65. 11.31 (2) of the statutes is amended to read:

AB701,38,13 11.31 (2) Limitation imposed. No candidate for state office at a spring or general election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from the his or her campaign treasury in any campaign to the extent of more than the amount prescribed in sub. (1), adjusted as provided under sub. (9), 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 s. 11.50 (2) (i) applies. No candidate for state office at a special election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from the his or her campaign treasury in any campaign to the extent of more than the amount prescribed under sub. (1), adjusted as provided under sub. (9), for the preceding spring or general election for the same office, 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 s. 11.50 (2) (i) applies.

AB701, s. 66 Section 66. 11.31 (3) of the statutes is amended to read:

AB701,38,20 11.31 (3) Gubernatorial campaigns. For purposes of compliance with the limitations imposed under sub. (2), candidates for governor and lieutenant governor of the same political party who both accept grants from the Wisconsin election campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b), as adjusted under sub. (9), and reallocate the total level between them. The candidates shall each inform the board of any such agreement.

AB701, s. 67 Section 67. 11.31 (3m) of the statutes is amended to read:

AB701,39,8 11.31 (3m) Unopposed candidates; exception. Notwithstanding subs. (1) and (2), if all candidates for state senator or representative to the assembly in a legislative district who are certified under s. 7.08 (2) (a) to appear on the September primary ballot of all parties recognized under s. 5.62 (1) (b) or (2) have no opponent who is certified to appear on the same primary ballot, or if no primary is required for all candidates of parties recognized under s. 5.62 (1) (b) or (2) for state senator or representative to the assembly in a legislative district who are certified under s. 8.50 (1) (d) to appear on a special partisan election ballot, then the separate limitation specified in sub. (1), as adjusted under sub. (9), for disbursements during the primary and election period does not apply to candidates for that office in that primary and election, and the candidates are bound only by the total limitations specified in sub. (1) for the primary and election, as adjusted under sub. (9).

AB701, s. 68 Section 68. 11.31 (4) of the statutes is amended to read:

AB701,39,18 11.31 (4) Allocation. Except as provided in sub. (3m), whenever a separate disbursement level is specified for a primary and election under sub. (1), a candidate who disburses less than the authorized level in the primary may not reallocate the balance to increase the level in the election. Whenever a separate disbursement level is not specified for a primary and election under sub. (1), a candidate may allocate disbursements between the primary and election campaign within the total level of disbursements specified in sub. (1), as adjusted under sub. (9), in any proportion desired, and may carry over unexpended contributions from a primary campaign to an election campaign.