AB421: Bill Text

LRB-2969/1

RJM&JTK:kg:jf

2001 - 2002 LEGISLATURE

2001 Assembly BILL 421

May 31, 2001 - Introduced by Representatives Pocan, Berceau, Miller, Black, Bock, Boyle, La Fave, J. Lehman, Richards, Turner and Wasserman, cosponsored by Senators Risser and Burke. Referred to Committee on Campaigns and Elections.

AB421,1,5 An Act to create 7.19, 7.21 (1m), 11.21 (17) and 11.55 of the statutes; relating to: county, city, town, and village authority to create local elections boards and to regulate the financing of campaigns for county, city, town, and village offices, duties of municipal and county boards of election commissioners, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Currently, state law regulates the financing of campaigns for both state and local offices. Under current law, neither a county nor a town has authority to regulate the financing of campaigns for local office. A city and a village may have this authority under constitutional home rule powers if the subject of the particular city ordinance is considered to be a "local affair." This bill specifically authorizes a county, city, town, or village to enact ordinances regulating the financing of campaigns for county, city, town, or village office, respectively. An ordinance enacted under this bill becomes effective in the county, city, town, or village after the state elections board (board) certifies that the ordinance is in compliance with the provisions of this bill. The significant aspects of the authority granted under this bill include:

Local regulation of campaign contributions

Current law limits the amount of contributions that may be given to and accepted by a candidate for local office. The maximum amount that an individual may contribute to a local campaign is the greater of $250 or one cent times the population of the jurisdiction for which the candidate seeks office, but not more than $3,000. The maximum amount that a committee other than a political party committee or legislative campaign committee may contribute to a local campaign is the greater of $200 or three-fourths of one cent times the population of the jurisdiction for which the candidate seeks office, but not more than $2,500. Current law also prohibits an individual from contributing an aggregate total of more than $10,000 in a calendar year to all candidates for state and local office. Currently, for the purpose of determining compliance with campaign finance laws, a contribution transferred from a conduit is treated as a contribution from the original contributor.

In addition, current law limits the aggregate amount of contributions that a candidate for local office may accept from all political committees, including political party committees. For candidates for county office in a county with a population of 500,000 or more (currently, Milwaukee County), these maximum aggregate amounts are approximately as follows:

1. County executive, $175,200.

2. County supervisor, $11,200.

3. Other county offices, $70,100.

For candidates for city office in a first class city (currently, Milwaukee), these maximum aggregate amounts are approximately as follows:

1. Mayor, $175,200.

2. City attorney, $105,100.

3. Alderperson, $11,200.

4. Other city offices, $70,100.

For candidates for local office in a jurisdiction with a population of less than 500,000, these maximum aggregate amounts are approximately 65% of the greater of $1,075, 53.91% of the annual salary for the office, or the product of $32.35 times the population of the jurisdiction for which the candidate seeks office. However, these maximum aggregate amounts may not be more than $28,000.

Furthermore, current law limits the aggregate amount of contributions that a candidate for local office may accept from committees other than political party and legislative campaign committees. For candidates for county office in a county with a population of 500,000 or more, these maximum aggregate amounts are approximately as follows:

1. County executive, $121,300.

2. County supervisor, $7,800.

3. Other county offices, $48,500.

For candidates for city office in a first class city (currently only Milwaukee), these maximum aggregate amounts are approximately as follows:

1. Mayor, $121,300.

2. City attorney, $72,800.

3. Alderperson, $7,800.

4. Other city offices, $48,500.

For candidates for local office in a jurisdiction with a population of less than 500,000, these maximum aggregate amounts are approximately 45% of the greater of $1,075, 53.91% of the annual salary for the office, or the product of $32.35 times the population of the jurisdiction for which the candidate seeks office. However, these maximum aggregate amounts may not be more than $19,400.

This bill permits a county, city, town, or village to enact an ordinance that reasonably limits the making and acceptance of contributions with respect to elections for county, city, town, or village office, respectively. The ordinance may prohibit a candidate or a committee from accepting any contribution made or transferred in violation of the ordinance. In addition, similar to current law, the ordinance may reasonably limit the aggregate amount of contributions that a candidate may accept from committees. Similar to current law, the ordinance may also reasonably limit the amount of contributions that an individual or a committee may make with respect to a particular election and may limit the aggregate amount of contributions that an individual may make in a calendar year with respect to all elections for county, city, town, or village office, as is applicable. An ordinance enacted by a county may exempt from any limitation on contributions created under the ordinance contributions from a political party committee. Unlike current law, however, the maximum amount of allowable individual or committee contributions under the ordinance may be less than the maximum amount allowed under current law. In addition, unlike current law, the ordinance may limit the total amount of contributions that may be transferred by a conduit with respect to elections for county, city, town, or village office.

Local public financing of campaigns for local office

This bill permits a county, city, town, or village to enact an ordinance appropriating money to pay for campaign expenses of candidates for county, city, town, or village office, respectively. The ordinance may impose reasonable qualifications that a candidate must meet in order to receive funding under the ordinance. The ordinance also may require a candidate, as a condition of receiving funding under the ordinance, to agree to limit the candidate's contributions to his or her own campaign or the candidate's campaign spending or both.

Enforcement of local campaign finance ordinances

Under current law, every city and county with a population of greater than 500,000 must establish a city or county board of election commissioners. The city or county board of election commissioners has general authority to administer elections in the city or county. For example, with certain exceptions, a city or county board of election commissioners is required to carry out all powers and duties assigned to the municipal or county clerks or the city or county board of canvassers under the election laws. Current law does not authorize a city or county with a population of 500,000 or less to establish a board of election commissioners.

This bill permits a city or county that enacts a local campaign finance ordinance under this bill and that has a population of 500,000 or less to create a local elections board to enforce the ordinance. In addition, this bill requires a city or county that enacts a local campaign finance ordinance under this bill and that has a population that is greater than 500,000 to enact an ordinance requiring the city or county board of election commissioners to enforce the local campaign finance ordinance. The ordinance providing for enforcement by either the local elections board or the city or county board of election commissioners (enforcement ordinance) may include provisions authorizing the local elections board or the board of election commissioners to do any of the following:

1. Investigate any alleged violation of the local campaign finance ordinance.

2. Receive and hear any verified complaint alleging a violation of the local campaign finance ordinance.

3. Issue subpoenas and administer oaths.

4. Refer any complaint or matter investigated by it to the appropriate prosecuting attorney.

5. Issue a formal opinion, upon request, regarding the application of the local campaign finance ordinance. Under the bill, the person requesting the formal opinion is not subject to prosecution under the ordinance for acting in accordance with the opinion if the material facts are as stated in the opinion.

In addition, the enforcement ordinance may direct the corporation counsel, or the district attorney in a county that does not have a corporation counsel, to provide counsel to a local elections board created by a county or to a county board of election commissioners regarding the administration of a local campaign finance ordinance enacted under this bill. The enforcement ordinance may also require a city, town, or village attorney to provide similar counsel to a city board of election commissioners or to a local elections board created by a city, town, or village, respectively. Furthermore, the enforcement ordinance may direct the county, city, town, or village clerk to provide administrative support services to the local elections board or city or county board of election commissioners.

Local campaign finance registration and reporting

Under current law, with certain limited exceptions, any candidate for local office and any organization or individual acting in support of or in opposition to any candidate for local office must file a registration statement and various campaign finance reports with the clerk or board of election commissioners in the most populous jurisdiction for which the candidate seeks office. This bill allows a county, city, town, or village to enact an ordinance requiring any organization which or individual who takes certain actions regarding the financing of an election for county, city, town, or village office to provide the county, city, town, or village with a copy of of any registration statement or campaign finance report that, under current law, the organization or individual files with another filing officer or agency.

In addition, this bill allows a county, city, town, or village to enact an ordinance requiring electronic filing of any campaign finance reports filed with the county, city, town, or village. This bill requires a county, city, town, or village enacting an electronic filing ordinance to provide an exception from electronic filing for indigent persons. Currently, registrants who or which are required to file campaign finance reports with the state elections board in an electronic format may purchase the necessary computer software from the board. This bill requires the board also to sell a copy of this software to each registrant who is required to file electronically with a county, city, town, or village.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB421, s. 1 Section 1. 7.19 of the statutes is created to read: