SB190: Bill Text

SB190, s. 45 Section 45. 11.26 (4) of the statutes is amended to read:

SB190,26,5 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.

SB190, s. 46 Section 46. 11.26 (8) of the statutes is amended to read:

SB190,26,12 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.

SB190,26,15 (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.

SB190,26,18 (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.

SB190, s. 47 Section 47. 11.26 (9) (a) of the statutes is amended to read:

SB190,27,2 11.26 (9) (a) (intro.) No individual who is a candidate for state or office and who does not receive a grant from the clean government fund and no individual who is a candidate for local office may receive and accept more than 65% 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.

SB190, s. 48 Section 48. 11.26 (9) (b) of the statutes is amended to read:

SB190,27,9 11.26 (9) (b) No individual who is a candidate for a state or local office, other than an office specified in par. (a), 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.

SB190, s. 49 Section 49. 11.26 (9) (b) of the statutes is amended to read:

SB190,27,17 11.26 (9) (b) No individual who is a candidate for state or office and who does not receive a grant from the clean government fund and no individual who is a candidate for 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.

SB190, s. 50 Section 50. 11.26 (9) (c) of the statutes is repealed.

SB190, s. 51 Section 51. 11.26 (10) of the statutes is amended to read:

SB190,28,11 11.26 (10) No candidate for state office who files a sworn statement and application to receive a grant from the Wisconsin election campaign clean government fund may make contributions of more than 200% of the amounts amount or value of the limitation 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, or the candidate withdraws his or her application under s. 11.50 (2) (h), 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.

SB190, s. 52 Section 52. 11.26 (10a) of the statutes is created to read:

SB190,28,15 11.26 (10a) (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the federal department of labor.

SB190,29,5 (b) The dollar amounts of the limitations under subs. (1m) and (10) shall be subject to a biennial adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for the base period, calendar year 2001. For each biennium, the board shall multiply the amount of each limitation under subs. (1m) and (10) by the percentage difference in the consumer price indices. The board shall adjust the amount of each limitation to substitute that result for the existing amount to the extent required to reflect any difference, rounded to the nearest multiple of $25. The amount so determined shall then be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b) and (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety or welfare and without a finding of emergency.

SB190, s. 53 Section 53. 11.26 (12m) of the statutes is repealed.

SB190, s. 54 Section 54. 11.26 (13) of the statutes is amended to read:

SB190,29,10 11.26 (13) Except as provided in sub. (9), contributions Contributions received from the Wisconsin election campaign clean government fund are not subject to limitation by this section.

SB190, s. 55 Section 55. 11.26 (17) (a) of the statutes is amended to read:

SB190,29,14 11.26 (17) (a) For purposes of application of the limitations imposed in subs. (1), (1m), (2), (9) and (10), the "campaign" of a candidate begins and ends at the times specified in this subsection.

SB190, s. 56 Section 56. 11.265 of the statutes is repealed.

SB190, s. 57 Section 57. 11.31 (1) (a) of the statutes is amended to read:

SB190,29,18 11.31 (1) (a) Candidates for governor, $1,078,200 and lieutenant governor jointly, $2,000,000.

SB190, s. 58 Section 58. 11.31 (1) (b) of the statutes is repealed.

SB190, s. 59 Section 59. 11.31 (1) (c) of the statutes is amended to read:

SB190,29,21 11.31 (1) (c) Candidates for attorney general, $539,000 $600,000.

SB190, s. 60 Section 60. 11.31 (1) (cm) of the statutes is created to read:

SB190,29,23 11.31 (1) (cm) Candidates for justice, $300,000.

SB190, s. 61 Section 61. 11.31 (1) (d) of the statutes is amended to read:

SB190,30,2 11.31 (1) (d) Candidates for secretary of state, state treasurer, justice or state superintendent, $215,625 $200,000.

SB190, s. 62 Section 62. 11.31 (1) (e) and (f) of the statutes are amended to read:

SB190,30,6 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 $100,000.

SB190,30,9 (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 $50,000.

SB190, s. 63 Section 63. 11.31 (2) of the statutes is amended to read:

SB190,30,25 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 clean government 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) sub. (3p) 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 clean government 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) sub. (3p) applies.

SB190, s. 64 Section 64. 11.31 (2m) of the statutes is repealed.

SB190, s. 65 Section 65. 11.31 (3) of the statutes is repealed.

SB190, s. 66 Section 66. 11.31 (3m) of the statutes is repealed.

SB190, s. 67 Section 67. 11.31 (3p) of the statutes is created to read:

SB190,31,8 11.31 (3p) Candidates receiving additional grants; exception. If a candidate receives a grant under s. 11.50 (9) (b) or (ba), the disbursement limitation of that candidate for the campaign in which the grant is received is increased by the amount of that grant.

SB190, s. 68 Section 68. 11.31 (4) of the statutes is repealed.

SB190, s. 69 Section 69. 11.31 (9) of the statutes is created to read:

SB190,31,14 11.31 (9) Adjustment of disbursement levels. (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the federal department of labor.

SB190,32,4 (b) The dollar amounts of all disbursement levels specified in sub. (1) shall be subject to a biennial adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for the base period, calendar year 2001. For each biennium, the board shall multiply that result by the percentage difference in the consumer price indices. The board shall adjust the disbursement levels specified under sub. (1) to substitute that result for the existing levels to the extent required to reflect any difference, rounded to the nearest multiple of $25 in the case of amounts of $1 or more, which amounts shall be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b) and (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety or welfare, and without a finding of emergency.

SB190, s. 70 Section 70. 11.38 (1) (a) 3. of the statutes is amended to read:

SB190,32,8 11.38 (1) (a) 3. No corporation or association specified in subd. 1. may expend more than a combined total of $500 annually for solicitation of contributions to a fund established under subd. 2. or to a conduit.

SB190, s. 71 Section 71. 11.50 (title) of the statutes is amended to read:

SB190,32,10 11.50 (title) Wisconsin election campaign Clean government fund.

SB190, s. 72 Section 72. 11.50 (1) (b) of the statutes is amended to read:

SB190,32,13 11.50 (1) (b) "Fund" means the Wisconsin election campaign clean government fund.

SB190, s. 73 Section 73. 11.50 (2) (a) of the statutes is amended to read:

SB190,33,4 11.50 (2) (a) Any individual who desires to qualify as an eligible candidate may file an application with the board requesting approval to participate in the fund. The application shall be filed no later than the applicable deadline for filing nomination papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a) or 8.50 (3) (a), no later than 4:30 p.m. on the 7th day after the primary or date on which the primary would be held if required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in the case of candidates appointed to fill vacancies. The application shall contain a sworn statement that the candidate and his or her authorized agents have complied with the contribution limitations prescribed in s. 11.26 and the disbursement limitations prescribed under s. 11.31 (1), as adjusted under s. 11.31 (9), at all times to which such limitations have applied to his or her candidacy and will continue to comply with the limitations at all times to which the limitations apply to his or her candidacy for the office in contest, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under par. (h), or par. (i) s. 11.31 (3p) applies.

SB190, s. 74 Section 74. 11.50 (2) (b) (intro.) of the statutes is amended to read:

SB190,33,8 11.50 (2) (b) (intro.) The Except as provided in par. (bm), the board shall approve the application of an eligible candidate for participation if the candidate meets the following requirements:

SB190, s. 75 Section 75. 11.50 (2) (b) 1. to 3. of the statutes are amended to read:

SB190,33,10 11.50 (2) (b) 1. The application is timely; .

SB190,33,12 2. The candidate is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear upon the spring or general election or a special election ballot;.

SB190,33,14 3. The candidate has an opponent who is certified for placement on the election ballot as a candidate for the same office;.

SB190, s. 76 Section 76. 11.50 (2) (b) 3m. of the statutes is created to read:

SB190,33,19 11.50 (2) (b) 3m. The candidate has filed with the board, no later than 4:30 p.m. on the 5th day before the deadline for filing an application to receive a grant under par. (a), an application to receive a grant or a statement that the candidate intends to qualify to receive a grant.

SB190, s. 77 Section 77. 11.50 (2) (b) 3s. of the statutes is created to read:

SB190,34,3 11.50 (2) (b) 3s. The candidate has filed with the board, on a form prescribed by the board, no later than the deadline for filing an application to receive a grant under par. (a), the signatures of qualified electors of the jurisdiction or district in which the candidate seeks office which have not been filed with the application of any other candidate at the same election for the same office within the same jurisdiction or district equal to the following, less the number of valid signatures of qualified electors who signed nomination papers filed by the candidate or candidates under s. 8.15 (6), 8.20 (4) or 8.50 (3) (a):

SB190,34,6 a. For candidates for the offices of governor and lieutenant governor jointly or a candidate for the office of attorney general, secretary of state, state treasurer, state superintendent or justice, not less than 5,000 nor more than 7,000 electors.

SB190,34,8 b. For candidates for the office of state senator, not less than 1,000 nor more than 2,000 electors.

SB190,34,10 c. For candidates for the office of representative to the assembly, not less than 500 nor more than 1,000 electors.

SB190, s. 78 Section 78. 11.50 (2) (b) 4. of the statutes is amended to read:

SB190,34,15 11.50 (2) (b) 4. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that his or her statement filed with the application under par. (a) is true; and.

SB190, s. 79 Section 79. 11.50 (2) (b) 5. of the statutes is renumbered 11.50 (2) (b) 5. (intro.) and amended to read:

SB190,35,15 11.50 (2) (b) 5. (intro.) The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received at least the amount provided in this subdivision, from contributions of money, other than loans, made by individuals who are residents of this state, which have been received during the period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding such date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days preceding such date or the date a special election is ordered, whichever is earlier, in the case of special election candidates, which contributions are in the aggregate amount of $100 or less, and which are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5% of the candidate's authorized disbursement limitation under s. 11.31. For any other candidate at the general election, the required amount to qualify for a grant is 10% of the candidate's authorized disbursement limitation under s. 11.31. Except as provided in sub. (9a), the amount of contributions required under this subdivision is:

SB190, s. 80 Section 80. 11.50 (2) (b) 5. a. to f. of the statutes are created to read:

SB190,35,18 11.50 (2) (b) 5. a. For candidates for the offices of governor and lieutenant governor jointly, $80,000.

SB190,35,19 b. For a candidate for the office of attorney general, $24,000.

SB190,35,20 c. For a candidate for the office of justice, $12,000.

SB190,35,22 d. For a candidate for the office of secretary of state, state treasurer or state superintendent, $8,000.

SB190,35,23 e. For a candidate for the office of state senator, $4,000.

SB190,35,24 f. For a candidate for the office of representative to the assembly, $2,000.

SB190, s. 81 Section 81. 11.50 (2) (bm) of the statutes is created to read:

SB190,36,3 11.50 (2) (bm) The board shall not approve the application of an eligible candidate for the office of governor or lieutenant governor of the same political party unless both candidates qualify to receive a grant under this subsection.

SB190, s. 82 Section 82. 11.50 (2) (g) of the statutes is amended to read:

SB190,36,12 11.50 (2) (g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the contribution limitations prescribed in s. 11.26 and the disbursement limitations imposed under s. 11.31 (2), as adjusted under s. 11.31 (9) as binding upon himself or herself and his or her agents during the campaign as defined in s. 11.31 (7), as a precondition to receipt of a grant under this section, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws the application under par. (h), or par. (i) s. 11.31 (3p) applies.

SB190, s. 83 Section 83. 11.50 (2) (i) of the statutes is repealed.

SB190, s. 84 Section 84. 11.50 (3) of the statutes is repealed.

SB190, s. 85 Section 85. 11.50 (4) of the statutes is repealed and recreated to read:

SB190,36,18 11.50 (4) Amount of grants. Except as provided in sub. (9) (b) and (ba), each eligible candidate for the same office who qualifies for grant under this section shall receive an equal amount.

SB190, s. 86 Section 86. 11.50 (5) of the statutes is amended to read:

SB190,37,2 11.50 (5) Time of disbursement. The state treasurer shall make the disbursements to the campaign depository account of each eligible candidate under subs. (3) and (4) by the end of the 3rd business day following notice from the board under s. 7.08 (2) (c) or (cm). Eligible candidates for governor and lieutenant governor of the same political party may combine accounts if desired, except that the state treasurer shall make disbursements for eligible candidates for the office of governor and lieutenant governor jointly to the campaign depository account of the candidate for governor.