AB155, s. 107
12Section
107. 11.50 (2) (h) of the statutes is repealed.
AB155, s. 108
13Section
108. 11.50 (2) (i) of the statutes is repealed.
AB155, s. 109
14Section
109. 11.50 (2) (j) of the statutes is created to read:
AB155,56,2415
11.50
(2) (j) If a candidate who desires to apply for a grant has accepted, or the
16candidate's personal campaign committee has accepted, a contribution from a
17committee other than a political party committee during the campaign for the office
18that the candidate seeks, the candidate shall, before filing an application to receive
19a grant, return the contribution or its monetary equivalent to the contributor, or, at
20the contributor's option, donate an amount equal to the contribution to the fund or
21to the common school fund. If the board later determines that the candidate is
22ineligible to receive a grant, the candidate may then accept contributions from
23committees other than political party committees after the date of that
24determination.
AB155, s. 110
25Section
110. 11.50 (2m) of the statutes is created to read:
AB155,57,5
111.50
(2m) Public Information. (a) Annually, no later than September 1, the
2board may notify the state treasurer that an amount not exceeding 5% of the amount
3transferred to the fund in that year shall be placed in a public information account.
4Moneys in this account shall be expended by the board for the purpose of providing
5public information concerning the purpose and effect of this section and s. 71.10 (3).
AB155,57,86
(b) As part of the public information program under par. (a), the board shall
7prepare an easily understood description of the purpose and effect of this section and
8s. 71.10 (3).
AB155,57,109
(c) Any amount placed in the public information account that is not expended
10by the board in any year shall be retained in that account.
AB155, s. 111
11Section
111. 11.50 (2s) of the statutes is created to read:
AB155,57,1412
11.50
(2s) Political party accounts. (a) There is established a political party
13account for each eligible political party. Each political party account consists of all
14moneys designated by individuals for deposit in that account under s. 71.10 (3) (a).
AB155,57,2015
(b) From the account of each eligible political party, the board shall apportion
16moneys to eligible candidates representing that party who qualify to receive grants.
17Whenever an eligible candidate representing an eligible political party receives a
18grant, the state treasurer shall first make payment of the grant from the political
19party account of that party, to the extent that sufficient moneys are available in that
20account to make payment of the grant.
AB155,57,2321
(c) If a political party for which an account is established under this subsection
22ceases to be an eligible political party, the board shall transfer the unencumbered
23balance of that account to the general account.
AB155, s. 112
24Section
112. 11.50 (2w) of the statutes is created to read:
AB155,58,3
111.50
(2w) General account. There is established a general account within
2the fund consisting of all moneys designated by individuals for deposit in that
3account under s. 71.10 (3) (a).
AB155, s. 113
4Section
113. 11.50 (3) of the statutes is repealed.
AB155, s. 114
5Section
114. 11.50 (4) of the statutes is repealed and recreated to read:
AB155,58,136
11.50
(4) Payment of grant amounts. The state treasurer shall make payment
7of each grant to an eligible candidate from the political party account of that
8candidate's political party, if any, if there are sufficient moneys in that account to
9make full payment of the grant, and then from the general account. If there are
10insufficient moneys in the general account to make full payment of a grant, the state
11treasurer shall supplement the general account from the appropriation under s.
1220.855 (4) (ba) in an amount sufficient to make full payment of the grant. Except as
13provided in sub. (10), the amount of each grant is the amount specified in sub. (9).
AB155, s. 115
14Section
115. 11.50 (5) of the statutes is amended to read:
AB155,58,2415
11.50
(5) Time of disbursement. The state treasurer shall make the
16disbursements
of grants under sub. (9) (a) to the campaign depository account of each
17eligible candidate
under subs. (3) and (4) by the end of the 3rd business day following
18notice from the board under s. 7.08 (2) (c) or (cm).
If an eligible candidate notifies the
19state treasurer of the information required to make electronic transfers to the
20candidate's campaign depository account, the state treasurer shall transfer to the
21candidate any supplemental grants under sub. (9) (b) or (ba) for which the candidate
22qualifies immediately following notice from the board under s. 7.08 (2) (c) or (cm). 23Eligible candidates for governor and lieutenant governor of the same political party
24may combine accounts if desired.
AB155, s. 116
25Section
116. 11.50 (6) of the statutes is amended to read:
AB155,59,4
111.50
(6) Excess moneys. If the amounts which are to be apportioned to each
2eligible candidate
under subs. (3) and (4) are more than the amount which a
3candidate may accept under sub. (9), or more than the amount which a candidate
4elects to accept under sub. (10), the excess moneys shall be retained in the fund.
AB155, s. 117
5Section
117. 11.50 (7) of the statutes is renumbered 11.50 (7) (a).
AB155, s. 118
6Section
118. 11.50 (7) (bm) of the statutes is created to read:
AB155,59,97
11.50
(7) (bm) If a grant is used to purchase an advertisement from a broadcast
8communications medium, the advertisement may not include any voice other than
9the voice of the eligible candidate to whom the grant is provided
.
AB155, s. 119
10Section
119. 11.50 (9) (title) of the statutes is amended to read:
AB155,59,1111
11.50
(9) (title)
Limitation on Amount of grants.
AB155, s. 120
12Section
120. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) (intro.) and
13amended to read:
AB155,59,2514
11.50
(9) (a) (intro.)
The Except as provided in pars. (b) and (ba), the total grant
15available to an eligible candidate may not exceed
an amount equal to the lesser of the
16percentage specified in this paragraph or that amount which, when added to all other
17contributions accepted
from sources other than individuals, political party
18committees and legislative campaign committees by the candidate, is equal to
45% 19the disbursement level specified for the applicable office
, as determined under s.
2011.31
(1) and adjusted as provided under s. 11.31 (9) but without respect to any
21adjustment under s. 11.31 (1m). The board shall scrutinize accounts and reports and
22records kept under this chapter to assure that applicable limitations under ss. 11.26
23(9) and 11.31 are not exceeded and any violation is reported. No candidate or
24campaign treasurer may accept grants exceeding the amount authorized by this
25subsection.
The percentage is:
AB155, s. 121
1Section
121. 11.50 (9) (a) 1. and 2. of the statutes are created to read:
AB155,60,32
11.50
(9) (a) 1. For an eligible candidate for the office of justice or the office of
3state superintendent, 75% of the disbursement limitation.
AB155,60,54
2. For an eligible candidate for any other state office, 45% of the disbursement
5limitation.
AB155, s. 122
6Section
122. 11.50 (9) (b) and (ba) of the statutes are created to read:
AB155,60,207
11.50
(9) (b) If an eligible candidate who accepts a grant is opposed by one or
8more candidates whose names are certified under s. 7.08 (2) (a) or 8.50 (1) (d) to
9appear on the ballot, and if a committee identified under s. 11.05 (3) (c) makes any
10disbursement for the purpose of opposing the election of the eligible candidate who
11accepts a grant or for the purpose of supporting a certified opponent of that candidate
12without cooperation or consultation with any certified opposing candidate or such a
13candidate's agent or authorized committee, and not in concert with, or at the request
14or suggestion of any certified opposing candidate's agent or authorized committee,
15then the board shall make an additional grant to the eligible candidate who accepts
16a grant in an amount equal to the total amount or value of disbursements made for
17the purpose of supporting the election of the certified opposing candidate or for the
18purpose of opposing the election of the eligible candidate who accepts the grant,
19exceeding 10% of the disbursement limitation for the office that the eligible
20candidate seeks as reported by committees under s. 11.12 (6) (c).
AB155,61,221
(ba) If an eligible candidate who accepts a grant is opposed by one or more
22candidates who are required, or whose personal campaign committees are required,
23to file a report under s. 11.12 (8), then the board shall make an additional grant to
24the eligible candidate who accepts a grant in an amount equal to the total amount
25or value of disbursements made by the opposing candidate or candidates exceeding
1the amount specified under s. 11.31 (1) (a) to (de), (e), or (f) for the office which the
2candidate seeks, as reported by the opposing candidate under s. 11.12 (8).
AB155, s. 123
3Section
123. 11.50 (11) (e) of the statutes is amended to read:
AB155,61,74
11.50
(11) (e) No candidate may expend, authorize the expenditure of or incur
5any obligation to expend any grant if he or she violates the pledge required under
6sub. (2) (a) as a precondition to receipt of a grant
, except as authorized in sub. (2) (h)
7or (i).
AB155, s. 124
8Section
124. 11.50 (14) of the statutes is created to read:
AB155,61,109
11.50
(14) Certifications to secretary of revenue. (a) In each
10even-numbered year, the board shall certify to the secretary of revenue:
AB155,61,1411
1. No later than July 1, the name of each political party that qualifies under
12sub. (1) (am) 1. as an eligible political party as of the preceding June 1 and whose
13state chairperson has filed a request to establish an account for the party under sub.
14(2s) (a).
AB155,61,1715
2. No later than December 15, the name of each political party that qualifies
16under sub. (1) (am) 2. as an eligible political party as of the date of the preceding
17general election.
AB155,61,2118
(b) As soon as possible after receiving a valid application from an eligible
19candidate under sub. (2) (a) and determining that the candidate is eligible to receive
20a grant, the board shall certify to the secretary of revenue the full name of that
21candidate as the name appears on the candidate's nomination papers.
AB155,61,2322
(c) In each certification under this subsection, the board shall specify the
23expiration date of the certification.
AB155, s. 125
24Section
125. 11.60 (4) of the statutes is amended to read:
AB155,62,17
111.60
(4) Actions under this section arising out of an election for state office or
2a statewide referendum may be brought by the board or by the district attorney of
3the county where the violation is alleged to have occurred, except as specified in s.
411.38. Actions under this section arising out of an election for local office or local
5referendum may be brought by the district attorney of the county where the violation
6is alleged to have occurred. Actions under this section arising out of an election for
7county office or a county referendum may be brought by the county board of election
8commissioners of the county wherein the violation is alleged to have occurred.
In
9addition, whenever a candidate or personal campaign committee or agent of a
10candidate is alleged to have violated this chapter, action may be brought by the
11district attorney of any county any part of which is contained within the jurisdiction
12or district in which the candidate seeks election. If a violation concerns a district
13attorney or circuit judge or candidate for such offices, the action shall be brought by
14the attorney general. If a violation concerns the attorney general or a candidate for
15such office, the governor may appoint special counsel under s. 14.11 (2) to bring suit
16in behalf of the state. The counsel shall be independent of the attorney general and
17need not be a state employe at the time of appointment.
AB155, s. 126
18Section
126. 11.61 (1) (a) of the statutes is amended to read:
AB155,62,2119
11.61
(1) (a) Whoever intentionally violates s. 11.05 (1), (2),
or (2g)
or (2r), 11.07
20(1) or (5), 11.10 (1), 11.12 (5), 11.23 (6)
, or 11.24
(1) may be fined not more than $10,000
21or imprisoned
for not more than 4 years and 6 months or both.
AB155, s. 127
22Section
127. 13.625 (1) (b) 3. of the statutes is amended to read:
AB155,63,223
13.625
(1) (b) 3. Food, meals, beverages, money or any other thing of pecuniary
24value
, except that a lobbyist may make a campaign contribution to a partisan elective
25state official or candidate for national, state or local office or to the official's or
1candidate's personal campaign committee; but a lobbyist may make a contribution
2to which par. (c) applies only as authorized in par. (c).
AB155, s. 128
3Section
128. 13.625 (1) (c) (intro.) of the statutes is renumbered 13.625 (1) (c)
4and amended to read:
AB155,63,165
13.625
(1) (c)
Except as permitted in this subsection, make Make a campaign
6contribution, as defined in s. 11.01 (6), to a partisan elective state official for the
7purpose of promoting the official's election to any national, state or local office, or to
8a candidate for a partisan elective state office to be filled at the general election or
9a special election, or the official's or candidate's personal campaign committee
. A
10campaign contribution to a partisan elective state official or candidate for partisan
11elective state office or his or her personal campaign committee may be made in the
12year of a candidate's election between June 1 and the day of the general election,
13except that
: a lobbyist may make a campaign contribution to a candidate for a
14partisan elective state office, or to the personal campaign committee of such a
15candidate, if the candidate seeks office in the jurisdiction or district where the
16lobbyist resides.
AB155, s. 129
17Section
129. 13.625 (1) (c) 1. and 2. of the statutes are repealed.
AB155, s. 130
18Section
130. 13.625 (2) of the statutes is amended to read:
AB155,64,319
13.625
(2) No principal may engage in the practices prohibited under sub. (1)
20(b)
and (c) except that a principal may make a campaign contribution, as defined in
21s. 11.01 (6), to a partisan elective state official or candidate for partisan elective state
22office or his or her personal campaign committee in the year of an official's or
23candidate's election between June 1 and the day of the general election unless, in the
24case of a member of the legislature or candidate for legislative office, the legislature
25has not concluded its final floorperiod or is in special or extraordinary session. This
1subsection does not apply to the furnishing of transportation, lodging, food, meals,
2beverages or any other thing of pecuniary value which is also made available to the
3general public.
AB155, s. 131
4Section
131. 13.625 (3m) of the statutes is created to read:
AB155,64,85
13.625
(3m) No member of the legislature and no personal campaign
6committee of a member of the legislature may solicit a lobbyist or principal to arrange
7for another person to make a campaign contribution to that member or personal
8campaign committee.
AB155, s. 132
9Section
132. 13.625 (6) of the statutes is amended to read:
AB155,64,1910
13.625
(6) Subsections (1) (b) and (c), (2) and (3) do not apply to the furnishing
11of anything of pecuniary value by an individual who is a
lobbyist or principal to a
12relative of the individual or an individual who resides in the same household as the
13individual, nor to the receipt of anything of pecuniary value by that relative or
14individual residing in the same household as the individual.
Subsections (1) (b), (2)
15and (3) do not apply to the furnishing of anything of pecuniary value, except a
16campaign contribution, as defined in s. 11.01 (6), by a lobbyist to a relative of the
17lobbyist or an individual who resides in the same household as the lobbyist, nor to
18the receipt of any such thing by that relative or individual residing in the same
19household as the individual.
AB155, s. 133
20Section
133. 15.61 of the statutes is amended to read:
AB155,65,3
2115.61 Elections board; creation. There is created an elections board
22consisting of persons who shall be appointed by the governor for 2-year terms as
23follows: one member selected by the governor; one member each designated by the
24chief justice of the supreme court, the speaker of the assembly, the senate majority
25leader, the minority leader in each house of the legislature, and the chief officer of
1each political party
qualifying that qualified for a separate ballot under s. 5.62 (1)
2(b) or (2)
whose candidate for governor received at least 10% of the vote in the
most
3recent gubernatorial preceding September primary election.
AB155, s. 134
4Section
134. 20.510 (1) (q) of the statutes is amended to read:
AB155,65,95
20.510
(1) (q)
Wisconsin election campaign fund. As a continuing
6appropriation, from the Wisconsin election campaign fund, the moneys determined
7under s. 11.50 to provide for payments to eligible candidates
whose names are 8certified under s. 7.08 (2) (c)
and (cm) and to provide for public information as
9authorized under s. 11.50 (2m).
AB155, s. 135
10Section
135. 20.855 (4) (ba) of the statutes is created to read:
AB155,65,1511
20.855
(4) (ba)
Wisconsin election campaign fund supplement. A sum sufficient
12equal to the amounts required to make full payment of grants which candidates
13qualify to receive from the Wisconsin election campaign fund, to be transferred from
14the general fund to the Wisconsin election campaign fund no later than the time
15required to make payments of grants under s. 11.50 (5).
AB155, s. 136
16Section
136. 25.42 of the statutes is amended to read:
AB155,65,23
1725.42 Wisconsin election campaign fund. All moneys appropriated under
18s. 20.855 (4) (b)
and (ba) together with all moneys
deposited under ss. 8.35 (4) (a),
1911.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), (1m) and (6), 11.23 (2) and 11.38 (6), all moneys 20reverting to the state under s. 11.50 (8) and all gifts, bequests and devises received
21under s. 11.50 (13) constitute the Wisconsin election campaign fund, to be expended
22for the purposes of s. 11.50. All moneys in the fund not disbursed by the state
23treasurer shall continue to accumulate indefinitely.
AB155, s. 137
24Section
137. 71.05 (6) (a) 21. of the statutes is created to read:
AB155,66,3
171.05
(6) (a) 21. Any amount deducted under section
162 (e) (1) of the Internal
2Revenue Code because of the exception contained in section
162 (e) (5) of the Internal
3Revenue Code.
AB155, s. 138
4Section
138. 71.07 (5) (a) 9. of the statutes is created to read:
AB155,66,75
71.07
(5) (a) 9. Expenses under section
162 (e) (1) of the Internal Revenue Code
6that are deductible because of the exception contained in section
162 (e) (5) of the
7Internal Revenue Code.
AB155, s. 139
8Section
139. 71.07 (6n) of the statutes is created to read:
AB155,66,109
71.07
(6n) Campaign contribution tax credit. (a)
Definitions. In this
10subsection:
AB155,66,1311
1. "Candidate" means a candidate, as defined in s. 11.01 (1), for state office who
12files an application under s. 11.50 (2) for a grant from the Wisconsin election
13campaign fund that has been accepted by the elections board.
AB155,66,1614
2. "Claimant" means an individual who makes a contribution to a candidate
15and who resides within the same electoral district as the candidate to whom that
16contribution is made.
AB155,66,1917
3. "Contribution" means a contribution, as defined in s. 11.01 (6), made to a
18candidate or political party committee by an individual for which the individual
19receives a receipt on a form prescribed by the department.
AB155,66,2020
4. "Department" means the department of revenue.
AB155,66,2221
5. "Electoral district" means the geographical area that constitutes the
22jurisdiction of the office that a candidate seeks.
AB155,67,223
6. "Political party committee" means a state or county committee of a political
24party, as defined in s. 5.02 (13), that on the first day of the taxable year in which a
1contribution is made is a recognized political party as defined in s. 5.02 (16m) and
2is registered with the elections board under s. 11.05 (1).
AB155,67,33
7. "State office" has the meaning given in s. 5.02 (23).
AB155,67,84
(b)
Filing claims. Subject to the limitations provided in this subsection, a
5claimant may claim as a credit against the tax imposed under s. 71.02, up to the
6amount of those taxes, an amount equal to the claimant's contribution not exceeding
7$50 for each candidate to whom or political party committee to which the claimant
8makes a contribution.
AB155,67,109
(c)
Limitation. The total amount of the credits under this subsection shall not
10exceed $100 in a taxable year for each claimant.
AB155,67,1211
(d)
Time period. No credit may be allowed under this subsection unless it is
12claimed within the time period under s. 71.75 (2).
AB155,67,1413
(e)
Administration. 1. Subsection (9e) (d), to the extent that it applies to the
14credit under that subsection, applies to the credit under this subsection.
AB155,67,1715
2. The department shall create and make available to candidates a form to be
16used by candidates and political party committees in issuing receipts for
17contributions.
AB155, s. 140
18Section
140. 71.10 (3) (a) of the statutes is amended to read:
AB155,68,519
71.10
(3) (a) Every individual filing an income tax return who has a tax liability
20or is entitled to a tax refund may designate
$1 $5 for
transfer to the Wisconsin
21election campaign fund
for the use of eligible candidates under s. 11.50. If the
22individuals filing a joint return have a tax liability or are entitled to a tax refund,
23each individual may make a designation of
$1 $5 under this subsection.
Each
24individual making a designation shall indicate whether the amount designated by
25that individual shall be placed in the general account for the use of all eligible
1candidates for state office, or in the account of an eligible political party whose name
2is certified to the secretary of revenue under s. 11.50 (14). If an individual does not
3indicate that the amount of his or her designation shall be placed in the account of
4a particular eligible political party, that amount shall be placed in the general
5account.
AB155, s. 141
6Section
141
. 71.10 (3) (b) of the statutes is amended to read:
AB155,68,207
71.10
(3) (b) The secretary of revenue shall provide a place for
those 8designations
under par. (a) on the face of the individual income tax return and shall
9provide next to that place a statement that a designation will not increase tax
10liability.
Annually on August 15 The secretary shall also provide and highlight a
11place in the instructions that accompany the return for any information submitted
12to the secretary by the elections board under s. 11.50 (2m) without cost to the board.
13No later than the 15th day of each month, the secretary of revenue shall certify to
14the elections board, the department of administration and the state treasurer
under
15s. 11.50 the total amount of designations made
on returns processed by the
16department of revenue during the preceding
fiscal year month and the amount of
17designations made during that month for the general account and for the account of
18each eligible political party. If any individual attempts to place any condition or
19restriction upon a designation
not authorized under par. (a), that individual is
20deemed not to have made a designation on his or her tax return.
AB155, s. 142
21Section
142. 71.10 (4) (cn) of the statutes is created to read:
AB155,68,2222
71.10
(4) (cn) Campaign contribution tax credit under s. 71.07 (6n).