AB155: Bill Text

AB155, s. 53 Section 53. 11.19 (title) of the statutes is amended to read:

AB155,35,15 11.19 (title) Dissolution Carry-over of surplus funds; dissolution of registrants; termination reports.

AB155, s. 54 Section 54. 11.19 (1) of the statutes is amended to read:

AB155,36,9 11.19 (1) Whenever any registrant disbands or determines that obligations will no longer be incurred, and contributions will no longer be received nor disbursements made during a calendar year, and the registrant has no outstanding incurred obligations, the registrant shall file a termination report with the appropriate filing officer. Such report shall indicate a cash balance on hand of zero at the end of the reporting period and shall indicate the disposition of residual funds. Residual Except as provided in sub. (1m), residual funds may be used for any political purpose not prohibited by law, returned to the donors in an amount not exceeding the original contribution, transferred to the board for deposit in the Wisconsin election campaign fund or donated to a charitable organization or the common school fund. The report shall be filed and certified as were previous reports, and shall contain the information required by s. 11.06 (1). A registrant to which s. 11.055 (1) applies shall pay the fee imposed under that subsection with a termination report filed under this subsection. If a termination report or suspension report under sub. (2) is not filed, the registrant shall continue to file periodic reports with the appropriate filing officer, no later than the dates specified in s. 11.20 and, if the registrant files reports under s. 11.21 (16), no later than the times specified in s. 11.21 (16). This subsection does not apply to any registrant making an indication under s. 11.05 (2r) 11.06 (2m).

AB155, s. 55 Section 55. 11.19 (1m) and (6) of the statutes are created to read:

AB155,37,2 11.19 (1m) If the registration statement, under s. 11.05, of a personal campaign committee indicates that the committee was formed or operates for the purpose of influencing the election or nomination for election of a candidate who is a partisan state officeholder to any state or local office other than the office held by the candidate, and, subsequently, the candidate or personal campaign committee files, under s. 11.05 (5), a change in the information in the registration statement indicating that the candidate is no longer seeking that other office, the candidate or personal campaign committee shall either return all contributions attributable to the candidate's campaign for the office no longer sought exceeding 10% of the disbursement level specified under s. 11.31 for the office that the candidate holds, minus disbursements and incurred obligations for that campaign, to the donors in an amount not exceeding their original contributions, or donate an amount equal to any contributions not so returned exceeding 10% of the disbursement level specified under s. 11.31 for the office that the candidate holds, minus disbursements and incurred obligations for that campaign, to the board for crediting to the Wisconsin election campaign fund.

AB155,37,8 (6) No candidate or personal campaign committee of a candidate at the general election may retain beyond December 31 of an even-numbered year unencumbered contributions equal to more than 10% of the candidate's total disbursement level determined under s. 11.31 (1), adjusted as provided for under s. 11.31 (9). A candidate or treasurer of a personal campaign committee shall transfer excess contributions to the board for crediting to the Wisconsin election campaign fund.

AB155, s. 56 Section 56. 11.20 (1) of the statutes is amended to read:

AB155,37,19 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.

AB155, s. 57 Section 57. 11.20 (7) of the statutes is amended to read:

AB155,37,23 11.20 (7) In Except as otherwise required under s. 11.21 (16), 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.

AB155, s. 58 Section 58. 11.20 (9) of the statutes is amended to read:

AB155,38,3 11.20 (9) Except as provided in ss. 11.05 (2r) 11.06 (2m) and 11.19 (2), the duty to file reports under this section continues until a termination report is filed in accordance with s. 11.19.

AB155, s. 59 Section 59. 11.20 (10) (a) of the statutes is amended to read:

AB155,38,11 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.

AB155, s. 60 Section 60. 11.20 (12) of the statutes is amended to read:

AB155,38,17 11.20 (12) If a candidate is unopposed in a primary or election, the obligation to file the reports required by this chapter does not cease. Except as provided in ss. 11.05 (2r) 11.06 (2m) and 11.19 (2), a registrant who makes or receives no contributions, makes no disbursements or incurs no obligations shall so report on the dates designated in subs. (2) and (4).

AB155, s. 61 Section 61. 11.21 (2) of the statutes is amended to read:

AB155,39,6 11.21 (2) Furnish to each registrant prescribed forms for the making of reports and statements. Forms shall be sent by 1st class mail not earlier than 21 days and not later than 14 days prior to the applicable filing deadline under s. 11.20, and addressed to the attention of the treasurer or other person indicated on the registration statement. Forms need not be sent to a registrant who has made an indication that aggregate contributions, disbursements and obligations will not exceed the amount specified under s. 11.05 (2r) 11.06 (2m) or to a registrant who has been granted a suspension under s. 11.19 (2). Forms for reports shall not be sent by the board to a registrant if the registrant is required to file reports with the board in an electronic format. Whenever any notice of filing requirements under this chapter is sent to a candidate's campaign treasurer, the board shall also send a notice to the candidate if he or she has appointed a separate treasurer. Failure to receive any form or notice does not exempt a registrant from compliance with this chapter.

AB155, s. 62 Section 62. 11.21 (15) of the statutes is amended to read:

AB155,39,13 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) or (1m), adjusted as provided under 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.

AB155, s. 63 Section 63. 11.21 (16) of the statutes is amended to read:

AB155,40,23 11.21 (16) Require each registrant for whom the board serves as filing officer and who or which accepts contributions in a total amount or value of $20,000 or more during a campaign period to file each campaign finance report that is required to be filed under this chapter in an electronic format, and accept from any other registrant for whom the board serves as a filing officer any campaign finance report that is required to be filed under this chapter in an electronic format. A registrant who or which becomes subject to a requirement to file reports in an electronic format under this subsection shall initially file the registrant's report in an electronic format for the period which includes the date on which the registrant becomes subject to the requirement or, if the registrant is required to report transactions within 24 hours of their occurrence, within 24 hours after the date on which the registrant becomes subject to the requirement. To facilitate implementation of this subsection, the board shall specify, by rule, a type of software that is suitable for compliance with the electronic filing requirement under this subsection. The board shall provide copies of the software to registrants at a price fixed by the board that may not exceed cost. Each registrant who or which files a report under this subsection in an electronic format shall also file a copy of the report with the board that is recorded on a medium specified by the board. The copy shall be signed by an authorized individual and filed with the board by each registrant no later than the time prescribed for filing of the report under this chapter. If a registrant is a committee, the copy shall be certified by an authorized individual and filed with the board by the registrant no later than 24 hours after the occurrence of any transaction that is reportable under s. 11.06 (1). If a registrant or other person becomes subject to a requirement to report electronically under this subsection, the registrant or other person shall continue to report electronically regardless of the amount of contributions accepted or expenditures made by the registrant or other person, until a termination report is filed. The board shall provide complete instructions to any registrant who or which files a report under this subsection. In this subsection, the "campaign period" of a candidate, personal campaign committee or support committee begins and ends with the "campaign" of the candidate whose candidacy is supported, as defined in s. 11.26 (17), and the "campaign period" of any other registrant begins on January 1 of each odd-numbered year and ends on December 31 of the following year. Section 990.001 (4) does not apply to the computation of time permitted for compliance with the filing requirements under this subsection.

AB155, s. 64 Section 64. 11.22 (3) of the statutes is amended to read:

AB155,41,12 11.22 (3) Furnish to each registrant prescribed forms for the making of reports and statements. Forms shall be sent by 1st class mail not earlier than 21 days and not later than 14 days prior to the applicable filing deadline under s. 11.20 and addressed to the attention of the treasurer or other person indicated on the registration statement. Forms need not be sent to a registrant who has made an indication that aggregate contributions, disbursements and obligations will not exceed the amount specified under s. 11.05 (2r) 11.06 (2m) or to a registrant who has been granted a suspension under s. 11.19 (2). Whenever any notice of the filing requirements under this chapter is sent to a candidate's campaign treasurer, the filing officer shall also send a notice to the candidate if he or she has appointed a separate treasurer. Failure to receive any form or notice does not exempt a registrant from compliance with this chapter.

AB155, s. 65 Section 65. 11.23 (1) of the statutes is amended to read:

AB155,42,2 11.23 (1) Any group or individual may promote or oppose a particular vote at any referendum in this state. Before making disbursements, receiving contributions or incurring obligations in excess of $25 $100 in the aggregate in a calendar year for such purposes, the group or individual shall file a registration statement under s. 11.05 (1), or (2) or (2r). In the case of a group the name and mailing address of each of its officers shall be given in the statement. Every group and every individual under this section shall designate a campaign depository account under s. 11.14. Every group shall appoint a treasurer, who may delegate authority but is jointly responsible for the actions of his or her authorized designee for purposes of civil liability under this chapter. The appropriate filing officer shall be notified by a group of any change in its treasurer within 10 days of the change under s. 11.05 (5). The treasurer of a group shall certify the correctness of each statement or report submitted by it under this chapter.

AB155, s. 66 Section 66. 11.23 (2) of the statutes is amended to read:

AB155,42,8 11.23 (2) Any anonymous contribution exceeding $10 received by an individual or group treasurer may not be used or expended. The contribution shall be donated to the common school fund or to any charitable organization or transferred to the board for deposit in the Wisconsin election campaign fund, at the option of the treasurer.

AB155, s. 67 Section 67. 11.24 (1m) of the statutes is repealed.

AB155, s. 68 Section 68. 11.24 (1v) of the statutes is created to read:

AB155,42,14 11.24 (1v) No registrant may accept any contribution made by a committee or group that does not maintain an office or street address within this state at the time that the contribution is made unless that committee or group is registered with the federal election commission under 2 USC 433 (a).

AB155, s. 69 Section 69. 11.24 (1w) of the statutes is created to read:

AB155,42,18 11.24 (1w) No candidate or personal campaign committee of a candidate who applies for a grant under s. 11.50 may accept any contribution from a committee other than a political party committee.

AB155, s. 70 Section 70. 11.24 (2) of the statutes is renumbered 11.24 (5).

AB155, s. 71 Section 71. 11.24 (4) of the statutes is created to read:

AB155,43,2 11.24 (4) (a) No person may make a contribution to an incumbent partisan state elective official or to the personal campaign committee or support committee authorized under s. 11.05 (3) (p) of that official for the purpose of promoting that official's nomination or reelection to the office held by the official during the period beginning on the first Monday of January in each odd-numbered year and ending on the date of enactment of the biennial budget act and thereafter during any legislative floorperiod, including any special or extraordinary session floorperiod.

AB155,43,7 (b) Notwithstanding par. (a), a person may make a contribution to an incumbent partisan state elective official against whom a recall petition has been filed during the period beginning on the date that the petition offered for filing is filed under s. 9.10 (3) (b) and ending on the date of the recall election unless the official resigns at an earlier date under s. 9.10 (3) (c).

AB155, s. 72 Section 72. 11.26 (1) (a) to (c) of the statutes are amended to read:

AB155,43,10 11.26 (1) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, $10,000 $1,000.

AB155,43,11 (b) Candidates for state senator, $1,000 $500.

AB155,43,12 (c) Candidates for representative to the assembly, $500 $250.

AB155, s. 73 Section 73. 11.26 (2) (a) of the statutes is amended to read:

AB155,43,16 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.

AB155, s. 74 Section 74. 11.26 (4) of the statutes is amended to read:

AB155,43,22 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 $5,000 in any calendar year.

AB155, s. 75 Section 75. 11.26 (8) of the statutes is amended to read:

AB155,44,4 11.26 (8) (a) No political party as defined in s. 5.02 (13) may receive more than a total of $150,000 $300,000 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.

AB155,44,7 (b) No such political party may receive more than a total of $6,000 $12,000 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.

AB155,44,11 (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 $12,000.

AB155, s. 76 Section 76. 11.26 (8m) of the statutes is created to read:

AB155,44,15 11.26 (8m) (a) Except as provided in par. (b) and sub. (8n), no committee may make a contribution to any other committee except a political party, personal campaign, or support committee.

AB155,44,18 (b) Paragraph (a) does not apply to any contribution made by a committee that is affiliated with a labor organization to any other committee that is affiliated with the same labor organization.

AB155, s. 77 Section 77. 11.26 (8n) of the statutes is created to read:

AB155,44,22 11.26 (8n) No personal campaign committee or support committee that is authorized under s. 11.05 (3) (p) may make a contribution to any other personal campaign or support committee that is authorized under s. 11.05 (3) (p).

AB155, s. 78 Section 78. 11.26 (9) (a) and (b) of the statutes are amended to read:

AB155,45,11 11.26 (9) (a) No Except as authorized under this paragraph, 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 as adjusted as provided under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m), for the office for which he or she is a candidate during any primary and election campaign combined from the Wisconsin election campaign fund and all committees subject to a filing requirement, including political party and legislative campaign committees. A candidate for state office whose grant under s. 11.50 exceeds the contribution limitation authorized by this paragraph may exceed the contribution limitation otherwise applicable to the extent required to accept the full amount of the grant received by the candidate under s. 11.50, but any contributions accepted by such a candidate from political party committees reduce the amount of the grant which the candidate may accept by an amount equal to such contributions.

AB155,45,18 (b) No Except as authorized under this paragraph, 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 as adjusted as provided under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m), 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.

AB155, s. 79 Section 79. 11.26 (9) (c) of the statutes is repealed.

AB155, s. 80 Section 80. 11.26 (10) of the statutes is amended to read:

AB155,46,11 11.26 (10) No candidate for state office who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make contributions of more than 200% of the amounts specified in sub. (1) $1,000 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 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.

AB155, s. 81 Section 81. 11.26 (12m) of the statutes is repealed.

AB155, s. 82 Section 82. 11.265 of the statutes is repealed.

AB155, s. 83 Section 83. 11.31 (1) (intro.) of the statutes is amended to read:

AB155,46,19 11.31 (1) Schedule. (intro.) The following levels of disbursements are established with reference to the candidates listed below. The levels are subject to adjustment under subs. (1m) and (9). Except as provided in sub. (2), 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.

AB155, s. 84 Section 84. 11.31 (1) (a) to (d) of the statutes are amended to read:

AB155,46,21 11.31 (1) (a) Candidates for governor, $1,078,200 $2,000,000.

AB155,46,22 (b) Candidates for lieutenant governor, $323,475 $500,000.

AB155,46,23 (c) Candidates for attorney general, $539,000 $700,000.

AB155,46,25 (d) Candidates for secretary of state, state treasurer, justice or state superintendent, $215,625 $250,000.

AB155, s. 85 Section 85. 11.31 (1) (de) of the statutes is created to read:

AB155,47,2 11.31 (1) (de) Candidates for justice, $300,000.

AB155, s. 86 Section 86. 11.31 (1) (e) and (f) of the statutes are amended to read:

AB155,47,6 11.31 (1) (e) Candidates for state senator, $34,500 $100,000 total in the primary and election, with disbursements not exceeding $21,575 $60,000 for either the primary or the election.

AB155,47,9 (f) Candidates for representative to the assembly, $17,250 $50,000 total in the primary and election, with disbursements not exceeding $10,775 $30,000 for either the primary or the election.

AB155, s. 87 Section 87. 11.31 (1m) of the statutes is created to read:

AB155,47,16 11.31 (1m) Disbursement level for candidates in competitive primary elections. The total disbursement level for any candidate whose name appears on the ballot as a candidate for an office at a primary election and who receives less than twice as many votes at that election as another candidate for the same office is 120% of the amount specified in sub. (1) for the candidate who receives the greatest number of votes in the primary election, adjusted as provided in sub. (9).

AB155, s. 88 Section 88. 11.31 (2) of the statutes is amended to read:

AB155,48,7 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) or (1m), whichever is applicable, 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 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.

AB155, s. 89 Section 89. 11.31 (2m) of the statutes is repealed:

AB155, s. 90 Section 90. 11.31 (3) of the statutes is amended to read:

AB155,48,15 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), adjusted as provided under sub. (9), and reallocate the total level between them. The candidates shall each inform the board of any such agreement.

AB155, s. 91 Section 91. 11.31 (3p) of the statutes is created to read:

AB155,48,20 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.

AB155, s. 92 Section 92. 11.31 (9) of the statutes is created to read:

AB155,48,25 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 U.S. department of labor.

AB155,49,13 (b) The dollar amounts of all disbursement limitations specified in sub. (1) shall be subject to a cost-of-living 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 calendar year 2003. For each biennium, the board shall adjust the disbursement limitations specified under sub. (1) by that percentage 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 amount 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.

AB155, s. 93 Section 93. 11.38 (1) (a) 2. of the statutes is amended to read:

AB155,50,5 11.38 (1) (a) 2. Notwithstanding subd. 1., any such corporation or association may establish and administer a separate segregated fund and solicit contributions from individuals to the fund to be utilized by such corporation or association, for the purpose of supporting or opposing any candidate for state or local office but the corporation or association may not make any contribution to the fund. The fund shall appoint a treasurer and shall register as a political committee under s. 11.05. A parent corporation or association engaging solely in this activity is not subject to registration under s. 11.05, but shall register and file special reports on forms prescribed by the board disclosing its administrative and solicitation expenses on behalf of such fund. A corporation not domiciled in this state need report only its expenses for administration and solicitation of contributions in this state together with a statement indicating where information concerning other administration and solicitation expenses of its fund may be obtained. The reports shall be filed with the filing officer for the fund specified in s. 11.02 in the manner provided under s. 11.21 (16), if applicable, or otherwise in the manner in which continuing reports are filed under s. 11.20 (4) and (8).