The bill also provides that, if the ethics board refuses or otherwise fails to
authorize an investigation or a district attorney fails to initiate a prosecution with
respect to any violation of the prohibition created by the bill within 30 days after
receiving a verified complaint alleging such a violation, the person making the
complaint may bring a lawsuit to recover a forfeiture on behalf of the state. If the
person making the complaint prevails, the bill provides that the court may require
the defendant to pay the complainant's attorney fees and costs, but any forfeiture
recovered must be paid to the state. If the court finds that a lawsuit was frivolous,
the court must award fees and costs to the defendant. The bill provides that no
complaint alleging a violation of the prohibition contained in the bill may be filed
during the period beginning 120 days before a general or spring election or the date
that a special election is ordered and ending on the date of that election against a
candidate who files a declaration of candidacy to have his or her name appear on the
ballot at that election.
Nonseverability
Currently, if any part of an act is found by a court to be invalid, those parts that
are valid are severed from the invalid part and the severed parts continue in force.
This bill provides that, if any part of the bill relating to the reporting of
disbursements by candidates who decline to accept public grants and the provision
of supplemental grants to candidates who are opposed or whose opponents are
supported by those disbursements is unconstitutional, then the entire bill is void.
In addition, the bill provides that if any of the following parts of the bill is
unconstitutional, then all of the following parts are void: a) parts relating to the
reporting of independent expenditures for mass communications; b) parts relating
to the provision of supplemental grants to candidates who are opposed or whose
opponents are supported by such independent expenditures or by independent
disbursements that are reportable under current law; c) parts relating to the
reporting of contributions received or intended to be received for the purpose of
making such independent expenditures or independent disbursements; and d) parts
relating to the provision of supplemental grants to candidates who are intended to
be opposed or whose opponents are intended to be supported through the use of such
contributions.
For further information see the state 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:
AB801, s. 1
1Section
1. 5.02 (13) of the statutes is amended to read:
AB801,15,72
5.02
(13) "Political party" or "party" means a state committee registered under
3s. 11.05
and organized exclusively for political purposes under whose name
4candidates appear on a ballot at any election, and all county, congressional,
5legislative, local and other affiliated committees authorized to operate under the
6same name. For purposes of ch. 11, the term does not include
a legislative campaign
7committee or a committee filing an oath under s. 11.06 (7).
AB801, s. 2
8Section
2. 7.08 (2) (c) and (cm) of the statutes are amended to read:
AB801,16,11
17.08
(2) (c) As soon as possible after the canvass of the spring and September
2primary votes, but no later than the first Tuesday in March and the 4th Tuesday in
3September, transmit to the state treasurer a certified list of all eligible candidates
4for state office who have filed applications under s. 11.50 (2) and
whom who the board
5determines
to be are eligible to receive payments from the Wisconsin election
6campaign fund. The
board shall also electronically transmit a similar list of
7candidates who the board determines are eligible to receive a grant under s. 11.50
8(9) (b), (ba), or (bb) within 24 hours after any candidate qualifies to receive such a
9grant. Each list shall contain each candidate's name, the mailing address indicated
10upon the candidate's registration form, the office for which the individual is a
11candidate and the party or principle which he or she represents, if any.
AB801,16,2412
(cm) As soon as possible after the canvass of a special primary, or the date that
13the primary would be held, if required, transmit to the state treasurer a certified list
14of all eligible candidates for state office who have filed applications under s. 11.50 (2)
15and
whom who the board determines
to be are eligible to receive a grant from the
16Wisconsin election campaign fund prior to the election. The board shall also transmit
17a similar list of candidates, if any, who have filed applications under s. 11.50 (2) and
18whom who the board determines
to be are eligible to receive a grant under s. 11.50
19(1) (a) 2. after the special election. The
board shall electronically transmit a similar
20list of candidates who the board determines are eligible to receive a grant under s.
2111.50 (9) (b), (ba), or (bb) within 24 hours after any candidate qualifies to receive such
22a grant. Each list shall contain each candidate's name, the mailing address indicated
23upon the candidate's registration form, the office for which the individual is a
24candidate and the party or principle which he or she represents, if any.
AB801, s. 3
25Section
3. 7.08 (2) (cs) of the statutes is created to read:
AB801,17,3
17.08
(2) (cs) In each even-numbered year, certify to the state treasurer for the
2period beginning with the month following certification and ending with the month
3in which the next certification is made by the board:
AB801,17,74
1. No later than July 1, the name of each political party that qualifies under
5s. 11.50 (1) (am) 1. as an eligible political party as of the preceding June 1 and whose
6state chairperson has filed a request to establish an account for the party under s.
711.50 (2s) (a).
AB801,17,118
2. No later than December 15, the name of each political party that qualifies
9under s. 11.50 (1) (am) 2. as an eligible political party as of the date of the preceding
10general election and whose state chairperson has filed a written request to establish
11an account for the party under s. 11.50 (2s) (a).
AB801, s. 4
12Section
4. 8.10 (3) (intro.) of the statutes is amended to read:
AB801,17,1713
8.10
(3) (intro.) The certification of a qualified elector under s. 8.15 (4) (a) shall
14be appended to each nomination paper.
The Except as otherwise required under s.
1511.50 (4m) for a candidate who seeks a grant from the Wisconsin election campaign
16fund, the number of required signatures on nomination papers filed under this
17section is:
AB801, s. 5
18Section
5. 8.15 (6) (intro.) of the statutes is amended to read:
AB801,17,2119
8.15
(6) (intro.)
The Except as otherwise required under s. 11.50 (4m) for a
20candidate who seeks a grant from the Wisconsin election campaign fund, the number
21of required signatures on nomination papers shall be as follows:
AB801, s. 6
22Section
6. 8.20 (4) of the statutes is amended to read:
AB801,18,423
8.20
(4) The Except as otherwise required under s. 11.50 (4m) for a candidate
24who seeks a grant from the Wisconsin election campaign fund, the number of
25required signatures on nomination papers for independent candidates shall be the
1same as the number specified in s. 8.15 (6). For independent presidential electors
2intending to vote for the same candidates for president and vice president, the
3number of required signatures shall be not less than 2,000 nor more than 4,000
4electors.
AB801, s. 7
5Section
7. 8.30 (2) of the statutes is amended to read:
AB801,18,126
8.30
(2) If no registration statement has been filed by or on behalf of a candidate
7for state or local office in accordance with s. 11.05 (2g)
or (2r) by the applicable
8deadline for filing nomination papers by
such the candidate, or the deadline for filing
9a declaration of candidacy for an office for which nomination papers are not filed, the
10name of the candidate may not appear on the ballot. This subsection may not be
11construed to exempt a candidate from applicable penalties if he or she files a
12registration statement later than the time prescribed in ss. 11.01 (1) and 11.05 (2g).
AB801, s. 8
13Section
8. 8.35 (4) (a) 1. a. and b. of the statutes are amended to read:
AB801,18,2114
8.35
(4) (a) 1. a.
Donated to the former candidate's local or state political party
15if If the former candidate was a partisan candidate
or, donated to the former
16candidate's local or state political party, donated to
the a charitable organization
of
17the former candidate's choice or the charitable organization chosen
or transferred to
18the board for deposit in the Wisconsin election campaign fund, as instructed by the
19former candidate or, if the candidate left no instruction, by the former candidate's
20next of kin
if the former candidate is deceased, or if no choice is made returned to the
21donors on a proportional basis; or
AB801,19,222
b. If the former candidate was a nonpartisan candidate, donated to
the a 23charitable organization
of the former candidate's choice or the charitable
24organization chosen or transferred to the board for deposit in the Wisconsin election
25campaign fund, as instructed by the former candidate or, if the candidate left no
1instruction, by the former candidate's next of kin
if the former candidate is deceased;
2or
AB801, s. 9
3Section
9. 8.35 (4) (c) and (d) of the statutes are amended to read:
AB801,19,144
8.35
(4) (c) The transfer
to the replacement candidate under par. (b) shall be
5made and reported to the appropriate filing officer
in a special report submitted by
6the former candidate's campaign treasurer. If the former candidate is deceased and
7was serving as his or her own campaign treasurer, the former candidate's petitioner
8or personal representative shall
file the report and make the transfer
required by
9par. (b), if any and file the report. The report shall
be made in the manner provided
10under s. 11.21 (16), if applicable, or otherwise at the appropriate interval under s.
1111.20 (2) or (4) and shall include a complete statement of all contributions,
12disbursements and incurred obligations pursuant to s. 11.06 (1) covering the period
13from the day after the last date covered on the former candidate's most recent report
14to the date of disposition.
AB801,19,1815
(d) The newly appointed candidate shall file his or her report
in the manner
16provided under s. 11.21 (16), if applicable, or otherwise at the next appropriate
17interval under s. 11.20 (2) or (4) after his or her appointment. The appointed
18candidate shall include any transferred
funds moneys in his or her first report.
AB801, s. 10
19Section
10. 11.001 (2m) of the statutes is created to read:
AB801,20,220
11.001
(2m) The legislature finds a compelling justification for minimal
21disclosure of all communications made near the time of an election that include a
22reference to a candidate at that election, an office to be filled at that election, or a
23political party in order to permit increased funding for candidates who are affected
24by those communications. This minimal disclosure burden is outweighed by the need
1to establish an effective funding mechanism for affected candidates to effectively
2respond to communications that may impact an election.
AB801, s. 11
3Section
11. 11.01 (12s) of the statutes is repealed.
AB801, s. 12
4Section
12. 11.01 (16) (a) 3. of the statutes is created to read:
AB801,20,115
11.01
(16) (a) 3. A communication that is made by means of one or more
6communications media, other than a communication that is exempt from reporting
7under s. 11.29, that is made during the period beginning on the 60th day preceding
8an election and ending on the date of that election and that includes a reference to
9a candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on
10the ballot at that election, a reference to an office to be filled at that election, or a
11reference to a political party.
AB801, s. 13
12Section
13. 11.05 (1) of the statutes is renumbered 11.05 (1) (a) and amended
13to read:
AB801,20,2114
11.05
(1) (a) Except as provided in s. 9.10 (2) (d), every committee
, other than
15a personal campaign committee,
and every political group subject to registration
16under s. 11.23 which that makes or accepts contributions, incurs obligations or
17makes disbursements in a calendar year in an aggregate amount in excess of $25
18shall file a statement with the appropriate filing officer giving the information
19required by sub. (3). In the case of any committee other than a personal campaign
20committee, the statement shall be filed by the treasurer. A personal campaign
21committee shall register under sub. (2g)
or (2r).
AB801, s. 14
22Section
14. 11.05 (1) (b) of the statutes is created to read:
AB801,21,223
11.05
(1) (b) Every political group subject to registration under s. 11.23 which
24makes or accepts contributions, incurs obligations, or makes disbursements in a
1calendar year in an aggregate amount in excess of $100 shall file a statement with
2the appropriate filing officer giving the information required by sub. (3).
AB801, s. 15
3Section
15. 11.05 (2) of the statutes is renumbered 11.05 (2) (a) and amended
4to read:
AB801,21,125
11.05
(2) (a) Except as provided in s. 9.10 (2) (d), every individual, other than
6a candidate or agent of a candidate, who accepts contributions, incurs obligations,
7or makes disbursements
with respect to one or more elections for state or local office 8in a calendar year in an aggregate amount in excess of $25 shall file a statement with
9the appropriate filing officer giving the information required by sub. (3). An
10individual who guarantees a loan on which an individual, committee or group subject
11to a registration requirement defaults is not subject to registration under this
12subsection solely as a result of such default.
AB801, s. 16
13Section
16. 11.05 (2) (b) of the statutes is created to read:
AB801,21,1714
11.05
(2) (b) Every individual who accepts contributions, incurs obligations, or
15makes disbursements with respect to one or more referenda in a calendar year in an
16aggregate amount in excess of $100 shall file a statement with the appropriate filing
17officer giving the information required by sub. (3).
AB801, s. 17
18Section
17. 11.05 (2r) (title) of the statutes is renumbered 11.06 (2m) (title).
AB801, s. 18
19Section
18. 11.05 (2r) of the statutes is renumbered 11.06 (2m) (a) and
20amended to read:
AB801,22,1621
11.06
(2m) (a) Any person, committee or group, other than
a committee or an 22individual
or committee required to file an oath under s. 11.06 (7), who or which does
23not anticipate accepting contributions, making disbursements or incurring
24obligations in an aggregate amount in excess of $1,000 in a calendar year and does
25not anticipate accepting any contribution or contributions from a single source, other
1than contributions made by a candidate to his or her own campaign, exceeding $100
2in that year may indicate on its registration statement that the person, committee
3or group will not accept contributions, incur obligations or make disbursements in
4the aggregate in excess of $1,000 in any calendar year and will not accept any
5contribution or contributions from a single source, other than contributions made by
6a candidate to his or her own campaign, exceeding $100 in
such any calendar year.
7Any registrant making such an indication is not subject to any filing requirement if
8the statement is true. The registrant need not file a termination report. A registrant
9not making such an indication on a registration statement is subject to a filing
10requirement. The indication may be revoked and the registrant is then subject to a
11filing requirement as of the date of revocation, or the date that aggregate
12contributions, disbursements or obligations for the calendar year exceed $1,000, or
13the date on which the registrant accepts any contribution or contributions exceeding
14$100 from a single source, other than contributions made by a candidate to his or her
15own campaign, during
that any calendar year, whichever is earlier.
If the revocation
16is not timely, the registrant violates s. 11.27 (1).
AB801, s. 19
17Section
19. 11.05 (3) (c) of the statutes is amended to read:
AB801,22,2118
11.05
(3) (c) In the case of a committee, a statement as to whether the
19committee is a personal campaign committee, a political party committee,
a
20legislative campaign committee, a support committee or a special interest
21committee.
AB801, s. 20
22Section
20. 11.05 (3) (m) of the statutes is created to read:
AB801,22,2523
11.05
(3) (m) In the case of a personal campaign committee, the name of the
24candidate on whose behalf the committee was formed or intends to operate and the
25office or offices that the candidate seeks.
AB801, s. 21
1Section
21. 11.05 (3) (o) of the statutes is repealed.
AB801, s. 22
2Section
22. 11.05 (3) (r) of the statutes is created to read:
AB801,23,53
11.05
(3) (r) In the case of a candidate or personal campaign committee of a
4candidate, the telephone number or numbers and a facsimile transmission number
5or electronic mail address, if any, at which the candidate may be contacted.
AB801, s. 23
6Section
23. 11.05 (5) of the statutes is amended to read:
AB801,23,217
11.05
(5) Change of information. Any change in information previously
8submitted in a statement of registration shall be reported by the registrant to the
9appropriate filing officer within 10 days following the change. This period does not
10apply in case of change of an indication made under
sub. (2r) s. 11.06 (2m), which
11shall be reported no later than the date that a registrant is subject to a filing
12requirement under
sub. (2r) s. 11.06 (2m). Any such change may be reported only by
13the individual or by the officer who has succeeded to the position of an individual who
14signed the original statement; but in the case of a personal campaign committee, a
15candidate or campaign treasurer may report a change in the statement except as
16provided in s. 11.10 (2), and in the case of any other committee or group, the chief
17executive officer or treasurer indicated on the statement may report a change. If a
18preexisting support committee is adopted by a candidate as his or her personal
19campaign committee, the candidate shall file an amendment to the committee's
20statement under this subsection indicating that all information contained in the
21statement is true, correct and complete.
AB801, s. 24
22Section
24. 11.05 (9) (title) of the statutes is repealed and recreated to read:
AB801,23,2323
11.05
(9) (title)
Deposit of contributions; conduits.
AB801, s. 25
24Section
25. 11.05 (12) (b) of the statutes is amended to read:
AB801,24,9
111.05
(12) (b) Except as authorized under sub. (13), a committee, group or
2individual other than a candidate or agent of a candidate shall comply with sub. (1)
3or (2) no later than the 5th business day commencing after receipt of the first
4contribution by such committee, group or individual, and before making any
5disbursement. No committee, group or individual, other than a candidate or agent
6of a candidate, may accept any contribution or contributions exceeding
$25 in the
7aggregate the amount specified in sub. (1) or (2) during a calendar year at any time
8when the committee, group or individual is not registered under this section except
9within the initial 5-day period authorized by this paragraph.
AB801, s. 26
10Section
26. 11.05 (13) of the statutes is amended to read:
AB801,24,1711
11.05
(13) Bank account and postal box; exemption. An individual, committee
12or group does not violate this section by accepting a contribution and making a
13disbursement in the amount required to rent a postal box, or in the minimum amount
14required by a bank or trust company to open a checking account, prior to the time of
15registration, if the disbursement is properly reported on the first report submitted
16under s. 11.20
or 11.21 (16) after the date that the individual, committee or group is
17registered, whenever a reporting requirement applies to the registrant.
AB801, s. 27
18Section
27. 11.06 (1) (intro.) of the statutes is amended to read:
AB801,24,2519
11.06
(1) Contents of report. (intro.) Except as provided in subs. (2),
(2m), 20(3) and (3m) and
ss.11.05 (2r) and s. 11.19 (2), each registrant under s. 11.05 shall
21make full reports, upon a form prescribed by the board and signed by the appropriate
22individual under sub. (5), of all contributions received, contributions or
23disbursements made, and obligations incurred. Each report shall contain the
24following information, covering the period since the last date covered on the previous
25report, unless otherwise provided:
AB801, s. 28
1Section
28. 11.06 (1) (e) of the statutes is amended to read:
AB801,25,52
11.06
(1) (e) An itemized statement of contributions over $20 from a single
3source donated to a charitable organization or to the common school fund, with the
4full name and mailing address of the donee
, and a statement of contributions over
5$20 transferred to the board for deposit in the Wisconsin election campaign fund.
AB801, s. 29
6Section
29. 11.06 (2) of the statutes is amended to read:
AB801,25,157
11.06
(2) Disclosure of certain indirect disbursements. Notwithstanding
8sub. (1), if a disbursement is made or obligation incurred by an individual other than
9a candidate or by a committee or group which is not primarily organized for political
10purposes, and the disbursement does not constitute a contribution to any candidate
11or other individual, committee or group, the disbursement or obligation is required
12to be reported only if the purpose is to expressly advocate the election or defeat of a
13clearly identified candidate or the adoption or rejection of a referendum. The
14exemption provided by this subsection shall in no case be construed to apply to a
15political party,
legislative campaign, personal campaign or support committee.
AB801, s. 30
16Section
30. 11.06 (2m) (b) to (d) of the statutes are created to read:
AB801,26,1017
11.06
(2m) (b) Any individual or committee who or which is required to file an
18oath under s. 11.06 (7) and who or which accepts contributions, makes disbursements
19or incurs obligations for the purpose of supporting or opposing one or more
20candidates for state office and who or which does not anticipate accepting
21contributions, making disbursements or incurring obligations in an aggregate
22amount in excess of $1,000 in a calendar year and does not anticipate accepting any
23contribution or contributions from a single source exceeding $100 in that year may
24indicate on its registration statement that the individual or committee will not
25accept contributions, incur obligations or make disbursements in the aggregate in
1excess of $1,000 in any calendar year and will not accept any contribution or
2contributions from a single source exceeding $100 in any calendar year. Any
3registrant making such an indication is not subject to any filing requirement if the
4statement is true. The registrant need not file a termination report. A registrant not
5making such an indication on a registration statement is subject to a filing
6requirement. The indication may be revoked and the registrant is then subject to a
7filing requirement as of the date of revocation, or the date on which aggregate
8contributions, disbursements or obligations for the calendar year exceed $1,000, or
9the date on which the registrant accepts any contribution or contributions exceeding
10$100 from a single source during any calendar year, whichever is earlier.
AB801,27,311
(c) Any individual or committee who or which is required to file an oath under
12s. 11.06 (7) and who or which accepts contributions, makes disbursements or incurs
13obligations for the purpose of supporting or opposing one or more candidates for local
14office but not for the purpose of supporting or opposing any candidate for state office
15and who or which does not anticipate accepting contributions, making
16disbursements or incurring obligations in an aggregate amount in excess of $100 in
17a calendar year may indicate on its registration statement that the individual or
18committee will not accept contributions, incur obligations or make disbursements in
19the aggregate in excess of $100 in any calendar year and will not accept any
20contribution or contributions from a single source, other than contributions made by
21a candidate to his or her own campaign, exceeding $100 in any calendar year. Any
22registrant making such an indication is not subject to any filing requirement if the
23statement is true. The registrant need not file a termination report. A registrant not
24making such an indication on a registration statement is subject to a filing
25requirement. The indication may be revoked and the registrant is then subject to a
1filing requirement as of the date of revocation, or the date that aggregate
2contributions, disbursements or obligations for the calendar year exceed $100,
3whichever is earlier.
AB801,27,54
(d) If a revocation by a registrant under this subsection is not timely, the
5registrant violates s. 11.27 (1).
AB801, s. 31
6Section
31. 11.06 (4) (b) of the statutes is amended to read:
AB801,27,117
11.06
(4) (b) Unless it is returned or donated within 15 days of receipt, a
8contribution must be reported as received and accepted on the date received. This
9subsection paragraph applies notwithstanding the fact that the contribution is not
10deposited in
the a campaign depository account by the closing date for
the a reporting
11period as provided in s. 11.20 (8)
or the reporting deadline provided in s. 11.21 (16).
AB801, s. 32
12Section
32. 11.06 (5) of the statutes is amended to read:
AB801,27,2213
11.06
(5) Report must be complete. A registered individual or treasurer of a
14group or committee shall make a good faith effort to obtain all required information.
15The first report shall commence no later than the date that the first contribution is
16received and accepted or the first disbursement is made. Each report shall be filed
17with the appropriate filing officer on the dates designated in s. 11.20
and, if the
18registrant files reports under s. 11.21 (16), at the times specified in s. 11.21 (16). The
19individual or the treasurer of the group or committee shall certify to the correctness
20of each report. In the case of a candidate, the candidate or treasurer shall certify to
21the correctness of each report. If a treasurer is unavailable, any person designated
22as a custodian under s. 11.05 (3) (e) may certify to the correctness of a report.
AB801, s. 33
23Section
33. 11.06 (7m) (a) of the statutes is amended to read:
AB801,28,1324
11.06
(7m) (a) If a committee which was registered under s. 11.05 as a political
25party committee
or legislative campaign committee supporting candidates of a
1political party files an oath under sub. (7) affirming that it does not act in cooperation
2or consultation with any candidate who is nominated to appear on the party ballot
3of the party at a general or special election, that the committee does not act in concert
4with, or at the request or suggestion of, such a candidate, that the committee does
5not act in cooperation or consultation with such a candidate or agent or authorized
6committee of such a candidate who benefits from a disbursement made in opposition
7to another candidate, and that the committee does not act in concert with, or at the
8request or suggestion of, such a candidate or agent or authorized committee of such
9a candidate who benefits from a disbursement made in opposition to another
10candidate, the committee filing the oath may not make any contributions in support
11of any candidate of the party at the general or special election or in opposition to any
12such candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as
13authorized in par. (c).
AB801, s. 34
14Section
34. 11.06 (7m) (c) of the statutes is amended to read:
AB801,28,2115
11.06
(7m) (c) A committee filing an oath under sub. (7) which desires to change
16its status to a political party committee
or legislative campaign committee may do
17so as of December 31 of any even-numbered year. Section 11.26 does not apply to
18contributions received by such a committee prior to the date of the change. Such a
19committee may change its status at other times only by filing a termination
20statement under s. 11.19 (1) and reregistering as a newly organized committee under
21s. 11.05.
AB801, s. 35
22Section
35. 11.06 (11) (c) of the statutes is amended to read:
AB801,28,2523
11.06
(11) (c) A contribution of money received from a conduit, accompanied by
24the information required under par. (a), is considered to be a contribution from the
25original contributor
for the purposes of ss. 11.26 (1) and (4) and 11.50 (2) (b) 5.
AB801, s. 36
1Section
36. 11.07 (1) of the statutes is amended to read:
AB801,29,112
11.07
(1) Every nonresident committee or group making contributions and
3every nonresident individual, committee or group making disbursements exceeding
4$25 cumulatively the amount specified in s. 11.05 (1) or (2) in a calendar year within
5this state shall file
the name, mailing and street address and the name and the
6mailing and street address of a designated agent within the state with the office of
7the secretary of state. An agent may be any adult individual who is a resident of this
8state. After any change in the name or address of such agent the new address or
9name of the successor agent shall be filed within 30 days. Service of process in any
10proceeding under this chapter or ch. 12, or service of any other notice or demand may
11be made upon such agent.
AB801, s. 37
12Section
37. 11.07 (5) of the statutes is amended to read:
AB801,29,1813
11.07
(5) Any campaign treasurer or individual who knowingly receives a
14contribution made by an unregistered nonresident in violation of this section may
15not use or expend such contribution but shall immediately return it to the source or
16at the option of the campaign treasurer or individual, donate the contribution to a
17charitable organization or to the common school fund
or transfer the contribution to
18the board for deposit in the Wisconsin election campaign fund.
AB801, s. 38
19Section
38. 11.09 (3) of the statutes is amended to read:
AB801,30,620
11.09
(3) Each registrant whose filing officer is the board, who or which makes
21disbursements in connection with elections for offices which serve or referenda
22which affect only one county or portion thereof, except a candidate, personal
23campaign committee, political party committee or other committee making
24disbursements in support of or in opposition to a candidate for state senator,
25representative to the assembly, court of appeals judge or circuit judge, shall file a
1duplicate original of each financial report filed with the board with the county clerk
2or board of election commissioners of the county in which the elections in which the
3registrant participates are held. Such reports shall be filed no later than the dates
4specified under s. 11.20 (2) and (4) for the filing of each report with the board.
This
5subsection does not apply to a registrant who or which files reports under s. 11.21
6(16).
AB801, s. 39
7Section
39. 11.10 (1) of the statutes is amended to read:
AB801,30,238
11.10
(1) Each candidate in an election shall appoint one campaign treasurer.
9Except as provided in s. 11.14 (3), each candidate shall designate one campaign
10depository account within 5 business days after the candidate receives his or her first
11contribution and before the candidate makes or authorizes any disbursement in
12behalf of his or her candidacy. If a candidate adopts a preexisting support committee
13as his or her personal campaign committee, the candidate shall make such
14designation within 5 business days of adoption. The person designated as campaign
15treasurer shall be the treasurer of the candidate's personal campaign committee, if
16any. The candidate may appoint himself or herself or any other elector as campaign
17treasurer. A registration statement under s. 11.05 (2g)
or (2r) must be filed jointly
18by every candidate and his or her campaign treasurer. The candidate does not
19qualify for ballot placement until this requirement is met. Except as authorized
20under s. 11.06 (5), the campaign treasurer or candidate shall certify as to the
21correctness of each report required to be filed, and the candidate bears the
22responsibility for the accuracy of each report for purposes of civil liability under this
23chapter, whether or not the candidate certifies it personally.