AB843: Bill Text

AB843,59,13 11.50 (2) (h) An eligible candidate who files an application under par. (a) may file a written withdrawal of the application. A withdrawal of an application may be filed with the board no later than the 7th day after the day of the primary in which the person withdrawing the application is a candidate or the 7th day after the date that the primary would be held, if required. If an application is withdrawn in accordance with this paragraph, the person withdrawing the application is no longer bound by the statement affidavit filed under par. (a) s. 11.31 (2m) (a) after the date of the withdrawal.

AB843, s. 107 Section 107. 11.50 (2) (i) of the statutes is amended to read:

AB843,60,2 11.50 (2) (i) Notwithstanding par. (g), if an eligible candidate at the spring election or a special nonpartisan election who accepts a grant is opposed by one or more candidates in the election, or if an eligible candidate at the general election or a special partisan election who accepts a grant is opposed by one or more candidates in the election who receive at least 6% of the vote cast for all candidates for the same office on all ballots at the September primary or a special partisan primary if a primary was held, and in either case if any such opponent of the eligible candidate does not accept a grant under this section in whole or in part, the eligible candidate is not bound by the pledge made in his or her application to adhere to the contribution limitations prescribed in s. 11.26 and the disbursement limitation prescribed under s. 11.31 (2), unless each such opponent files an affidavit of voluntary compliance under s. 11.31 (2m) (b), s. 11.31 (3n) does not apply to the candidate, and the board has not issued a determination under s. 11.31 (3r) applicable to the candidate.

AB843, s. 108 Section 108. 11.50 (2s) of the statutes is created to read:

AB843,60,8 11.50 (2s) Political party accounts. (a) The state chairperson of each eligible political party may, by written request to the board, provide for the establishment or discontinuance of an account within the fund for that political party. Each political party account consists of all moneys designated by individuals for deposit in that account under s. 71.10 (3) (a).

AB843,60,19 (b) From the account of each eligible political party, the board shall apportion moneys to an account for each office in the same proportion that moneys are apportioned under sub. (4). Within each account, the board shall apportion available moneys to eligible candidates representing that party who qualify to receive grants. If there are insufficient moneys available to finance payment of the full amount of the grant for which a candidate for legislative office qualifies, the board shall prorate available moneys within the account for each legislative office. Whenever an eligible candidate representing an eligible political party receives a grant, the state treasurer shall first make payment of the grant from the political party account of that party, to the extent that sufficient moneys are available in that account to make payment of the grant.

AB843,60,22 (c) If a political party for which an account is established under this subsection ceases to be an eligible political party, the board shall transfer the unencumbered balance of that account to the general account.

AB843, s. 109 Section 109. 11.50 (2w) of the statutes is created to read:

AB843,61,3 11.50 (2w) General account. There is established a general account within the fund consisting of all moneys designated by individuals for deposit in that account under s. 71.10 (3) (a), all moneys transferred to that account under sub. (2s) (c), and all moneys deposited in the fund under ss. 8.35 (4) (a), 11.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), 11.23 (2), and 11.38 (6).

AB843, s. 110 Section 110. 11.50 (3) (a) 1. of the statutes is renumbered 11.50 (3) (a) 2m. and amended to read:

AB843,61,14 11.50 (3) (a) 2m. If After making any transfer required under subd. 1m. if an election for state superintendent is scheduled in the following year, 8% of the fund shall be placed in the state treasurer shall transfer an amount sufficient to finance payment of the full amount of the grants authorized under sub. (9) (a) for candidates for the office of state superintendent to a superintendency account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer. Any unencumbered balance in the superintendency account after an election for the office of state superintendent is held shall revert to the general account.

AB843, s. 111 Section 111. 11.50 (3) (a) 2. of the statutes is renumbered 11.50 (3) (a) 1m. and amended to read:

AB843,61,24 11.50 (3) (a) 1m. If an election for justice is scheduled in the following year, 8% of the fund shall be placed in the state treasurer shall transfer an amount sufficient to finance payment of the full amount of the grants authorized under sub. (9) (b) for candidates for the office of justice to a supreme court account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer. Any unencumbered balance in the supreme court account after an election for the office of justice is held shall revert to the general account.

AB843, s. 112 Section 112. 11.50 (3) (b) of the statutes is amended to read:

AB843,62,14 11.50 (3) (b) If a vacancy occurs in the office of justice after August 15 in any year and an election is scheduled to fill the vacancy at the spring election in the following year, the state treasurer shall transfer an amount sufficient to finance payment of the full amount of the grants authorized under sub. (9) (b) for candidates for the office of justice to the supreme court account. If a vacancy occurs in the office of state superintendent or justice after August 15 in any year and an election is scheduled to fill the vacancy at the spring election in the following year, the state treasurer shall, after making any transfer that is required to be made to the supreme court account, transfer an amount not exceeding 8% of the moneys transferred to the fund on the preceding August 15 sufficient to finance payment of the full amount of the grants authorized under sub. (9) (a) for candidates for the office of state superintendent to the superintendency account for the office in which the vacancy occurs, such. The moneys to shall be drawn transferred from any account within the accounts created under sub. (4) in the amount or amounts specified by the board.

AB843, s. 113 Section 113. 11.50 (3) (c) of the statutes is created to read:

AB843,62,18 11.50 (3) (c) If there are insufficient moneys in the fund to make any transfer that is required to be made under par. (a) or (b), the state treasurer shall transfer the balance in the fund to the account to which the transfer is required to be made.

AB843, s. 114 Section 114. 11.50 (4m) of the statutes is created to read:

AB843,63,6 11.50 (4m) Payment of grant amounts. The state treasurer shall make payment of each grant to an eligible candidate from the political party account of that candidate's political party, if any, if there are sufficient moneys in that account to make full payment of the grant, and then from the general account. The amount of each grant is the amount specified in sub. (9), except as provided in sub. (10) and except that if there are insufficient moneys in the account for any office within the general account to make payment of the full amount of the grant for which a candidate qualifies, the board shall first allocate available moneys in that account to equalize payments of grants to all eligible candidates for each office for which any candidate has received payments from a political party account, and thereafter shall prorate any remaining available moneys in that account to all eligible candidates who qualify to receive a grant from that account.

AB843, s. 115 Section 115. 11.50 (5) of the statutes is amended to read:

AB843,63,12 11.50 (5) Time of disbursement. The state treasurer shall make the disbursements of grants under sub. (9) to the campaign depository account of each eligible candidate under subs. (3) and (4) by the end of the 3rd business day following notice from the board under s. 7.08 (2) (c) or (cm). Eligible candidates for governor and lieutenant governor of the same political party may combine accounts if desired.

AB843, s. 116 Section 116. 11.50 (6) of the statutes is amended to read:

AB843,63,17 11.50 (6) Excess moneys. If the amounts which are to be apportioned to each eligible candidate under subs. (3) and (4) are more than the amount which a candidate may accept under sub. (9), or more than the amount which a candidate elects to accept under sub. (10), the excess moneys shall be retained in the fund.

AB843, s. 117 Section 117. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended to read:

AB843,63,25 11.50 (9) (a) The Except as provided in pars. (c) and (d), the total grant available to an eligible candidate for an office other than the office of justice may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, and political party committees and legislative campaign committees, is equal to 45% of the disbursement level specified for the applicable office under s. 11.31 (1), adjusted as provided under s. 11.31 (9).

AB843,64,3 (e) The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are not exceeded and any violation is reported.

AB843,64,5 (f) No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.

AB843, s. 118 Section 118. 11.50 (9) (b) to (d) of the statutes are created to read:

AB843,64,11 11.50 (9) (b) Except as provided in pars. (c) and (d), the total grant available to an eligible candidate for the office of justice may not exceed that amount which, when added to all other contributions accepted from sources other than individuals political party committees, is equal to 65% of the disbursement level specified for that office under s. 11.31 (1), as adjusted under s. 11.31 (9).

AB843,64,17 (c) If, at the time that the board transmits notice of grant eligibility to the state treasurer under s. 7.08 (2) (c) or (cm), an eligible candidate has a balance in his or her campaign depository account that exceeds 50% of the disbursement level specified under s. 11.31 (1), as adjusted under s. 11.31 (9), for the office that the candidate seeks, the amount of the grant payable to the candidate is 50% of the amount otherwise payable under par. (a) or (b).

AB843,64,21 (d) If an eligible candidate does not have an opponent whose application to receive a grant has been approved by the board, the amount of the grant payable to the candidate is 50% of the amount otherwise payable under par. (a) or (b), unless the amount of the grant is subject to reduction under par. (c).

AB843, s. 119 Section 119. 11.50 (10m) of the statutes is amended to read:

AB843,65,4 11.50 (10m) Return of grants. An individual who receives a grant prior to an election in which he or she is a candidate and who desires to return any portion of the grant shall return that portion no later than the 2nd Tuesday in October preceding a general election, the 4th Tuesday preceding a spring election or the 3rd Tuesday preceding a special election. A candidate who returns all or any portion of a grant under this subsection remains bound by the candidate's statement affidavit filed under sub. (2) (a) s. 11.31 (2m) (a).

AB843, s. 120 Section 120. 11.50 (11) (e) of the statutes is amended to read:

AB843,65,9 11.50 (11) (e) No candidate may expend, authorize the expenditure of or incur any obligation to expend any grant if he or she violates the pledge affidavit required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h) or (i).

AB843, s. 121 Section 121. 11.50 (14) of the statutes is created to read:

AB843,65,12 11.50 (14) Certifications to secretary of revenue. (a) In each even-numbered year, the board shall certify to the secretary of revenue:

AB843,65,16 1. No later than July 1, the name of each political party that qualifies under sub. (1) (am) 1. as an eligible political party as of the preceding June 1 and whose state chairperson has filed a request to establish an account for the party under sub. (2s) (a).

AB843,65,19 2. No later than December 15, the name of each political party that qualifies under sub. (1) (am) 2. as an eligible political party as of the date of the preceding general election.

AB843,65,21 (b) In each certification under this subsection, the board shall specify the expiration date of the certification.

AB843, s. 122 Section 122. 11.60 (1) and (2) of the statutes are amended to read:

AB843,65,24 11.60 (1) Any person, including any committee or group, who violates this chapter may be required to forfeit not more than $500 $1,500 for each violation.

AB843,66,5 (2) In addition to the penalty under sub. (1), any person, including any committee or group, who is delinquent in filing a report required by this chapter may be required to forfeit not more than $50 $150 or one percent 3% of the annual salary of the office for which the candidate is being supported or opposed, whichever is greater, for each day of delinquency.

AB843, s. 123 Section 123. 11.61 (1) of the statutes is amended to read:

AB843,66,9 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 $30,000 or imprisoned for not more than 4 13 years and 6 months or both.

AB843,66,14 (b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where the intentional violation does not involve a specific figure, or where the intentional violation concerns a figure which exceeds $100 in amount or value may be fined not more than $10,000 $30,000 or imprisoned for not more than 4 13 years and 6 months or both.

AB843,66,19 (c) Whoever intentionally violates any provision of this chapter other than those provided in par. (a) and whoever intentionally violates any provision under par. (b) where the intentional violation concerns a specific figure which does not exceed $100 in amount or value may be fined not more than $1,000 $3,000 or imprisoned for not more than 6 months one year in the county jail or both.

AB843, s. 124 Section 124. 11.66 of the statutes is renumbered 11.66 (1) and amended to read:

AB843,67,8 11.66 (1) Any elector may sue for injunctive relief to compel compliance with this chapter. Before commencing any action concerning a an election for state office or a statewide referendum, an elector shall file a verified complaint with the executive director of the board under s. 5.066 (2) alleging such facts as are within his or her knowledge to show probable cause to believe that a violation has occurred or is proposed to occur. If The verified complaint shall include a notice that the elector intends to seek relief under this section. Except as provided in sub. (2), if the executive director of the board fails to commence an action order the relief that is sought by the elector under s. 5.066 (5) within 10 days of the filing of the complaint and the elector does not appeal the matter to the board under s. 5.066 (8) or the board, after hearing the elector's appeal, does not order the relief sought by the elector under s. 5.066 (9), the elector may commence an action.

AB843,67,13 (3) Separate from any other bond which may be required by the court, the elector may be required to post a surety bond in an amount determined by the court sufficient to cover the actual costs, including reasonable attorney fees, of both parties. If the elector's action is not successful, he or she shall pay the costs of the action.

AB843, s. 125 Section 125. 11.66 (2) of the statutes is created to read:

AB843,67,16 11.66 (2) If the complaint relates to a matter specified in s. 5.066 (12) (a), the elector may commence an action under sub. (1) upon compliance with sub. (1).

AB843, s. 126 Section 126. 12.05 of the statutes is amended to read:

AB843,67,23 12.05 False representations affecting elections. No person may knowingly make or publish, or cause to be made or published, a false representation pertaining to a candidate or referendum which that is intended or tends to affect voting at an election. This section does not apply to any information reported by a person making an independent expenditure, as defined in s. 11.01 (11m), under s. 11.065 (2).

AB843, s. 127 Section 127. 19.42 (3m), (4g), (4r) and (7p) of the statutes are created to read:

AB843,68,2 19.42 (3m) "Candidate," except as otherwise provided, has the meaning given in s. 11.01 (1).

AB843,68,4 (4g) "Clearly identified," when used in reference to a communication containing a reference to a person, means one of the following:

AB843,68,5 (a) The person's name appears.

AB843,68,6 (b) A photograph or drawing of the person appears.

AB843,68,7 (c) The identity of the person is apparent by unambiguous reference.

AB843,68,12 (4r) "Communication" means a message transmitted by means of a printed advertisement, billboard, handbill, sample ballot, radio or television advertisement, telephone call, or any medium that may be utilized for the purpose of disseminating or broadcasting a message, but not including a poll conducted solely for the purpose of identifying or collecting data concerning the attitudes or preferences of electors.

AB843,68,13 (7p) "Independent expenditure" has the meaning given in s. 11.01 (11m).

AB843, s. 128 Section 128. 19.45 (13) of the statutes is created to read:

AB843,68,24 19.45 (13) No state public official holding an elective office may, directly or by means of an agent, give, or offer or promise to give, or withhold, or offer or promise to withhold, his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a political contribution, or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any other person who is subject to a registration requirement under s. 11.05, or any person who makes an independent expenditure for the purpose of making a communication that contains a reference to a candidate for state public office.

AB843, s. 129 Section 129. 19.49 (1m) of the statutes is created to read:

AB843,69,5 19.49 (1m) No complaint alleging a violation of s. 19.45 (13) may be filed during the period beginning 120 days before a general or spring election, or during the period commencing on the date of the order of a special election under s. 8.50, 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.

AB843, s. 130 Section 130. 19.49 (5) of the statutes is renumbered 19.49 (5) (a) and amended to read:

AB843,69,10 19.49 (5) (a) No Except as provided in par. (b), no action may be taken on any complaint which that is filed later than 3 years after a violation of this subchapter or subch. III of ch. 13 is alleged to have occurred.

AB843, s. 131 Section 131. 19.49 (5) (b) of the statutes is created to read:

AB843,69,14 19.49 (5) (b) The period of limitation under par. (a) is tolled for a complaint alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such a complaint may not be filed under s. 19.49 (1m) or 19.59 (8) (cm).

AB843, s. 132 Section 132. 19.53 (6) of the statutes is amended to read:

AB843,70,7 19.53 (6) An order requiring the accused to forfeit not more than $500 for each violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each violation of any other provision of this subchapter, or not more than the applicable amount specified in s. 13.69 for each violation of subch. III of ch. 13; and, if. If the board determines that the accused has realized economic gain as a result of the violation, an the board may, in addition, order requiring the accused to forfeit the amount gained as a result of the violation. In addition, if the board determines that a state public official has violated s. 19.45 (13), the board may order the official to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained. If the board determines that a state public official has violated s. 19.45 (13) and no political contribution, service, or other thing of value was obtained, the board may order the official to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater. The attorney general, when so requested by the board, shall institute proceedings to recover any forfeiture incurred under this section or s. 19.545 which is not paid by the person against whom it is assessed.

AB843, s. 133 Section 133. 19.535 of the statutes is created to read:

AB843,70,18 19.535 Direct enforcement. If the board refuses or otherwise fails to authorize an investigation under s. 19.49 (3) with respect to a violation of s. 19.45 (13) within 30 days after receiving a verified complaint alleging a violation of s. 19.45 (13), the person making the complaint may bring an action to recover the forfeiture under s. 19.53 (6) on his or her relation in the name, and on behalf, of the state. In such actions, the court may award actual and necessary costs of prosecution, including reasonable attorney fees, to the relator if he or she prevails, but any forfeiture recovered shall be paid to the state. If the court finds in any such action that the cause of action was frivolous as provided in s. 814.025, the court shall award costs and fees to the defendant under that section.

AB843, s. 134 Section 134. 19.59 (1) (br) of the statutes is created to read:

AB843,71,4 19.59 (1) (br) No local public official holding an elective office may, directly or by means of an agent, give, or offer or promise to give, or withhold, or offer or promise to withhold, his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a political contribution, or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any other person who is subject to a registration requirement under s. 11.05, or any person who makes an independent expenditure for the purpose of making a communication that contains a reference to a candidate for local public office.

AB843, s. 135 Section 135. 19.59 (7) of the statutes is renumbered 19.59 (7) (a) and amended to read:

AB843,71,11 19.59 (7) (a) Any person who violates sub. (1) may be required to forfeit not more than $1,000 for each violation, and, if the court determines that the accused has violated sub. (1) (br), the court may, in addition, order the accused to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained.

AB843, s. 136 Section 136. 19.59 (7) (b) of the statutes is created to read:

AB843,71,18 19.59 (7) (b) Any person who violates sub. (1) may be required to forfeit not more than $1,000 for each violation, and, if the court determines that a local public official has violated sub. (1) (br) and no political contribution, service, or other thing of value was obtained, the court may, in addition, order the accused to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater.

AB843, s. 137 Section 137. 19.59 (8) (c) of the statutes is amended to read:

AB843,71,24 19.59 (8) (c) If the district attorney fails to commence an action to enforce sub. (1) (a), (b), or (c) to (g) within 20 days after receiving a verified complaint or if the district attorney refuses to commence such an action, the person making the complaint may petition the attorney general to act upon the complaint. The attorney general may then bring an action under par. (a) or (b), or both.

AB843, s. 138 Section 138. 19.59 (8) (cm) and (cn) of the statutes are created to read:

AB843,72,5 19.59 (8) (cm) No complaint alleging a violation of sub. (1) (br) may be filed during the period beginning 120 days before a general or spring election, or during the period commencing on the date of the order of a special election under s. 8.50, 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.

AB843,72,14 (cn) If the district attorney refuses or otherwise fails to commence an action to enforce sub. (1) (br) within 30 days after receiving a verified complaint alleging a violation of sub. (1) (br), the person making the complaint may bring an action to recover the forfeiture under sub. (7) on his of her relation in the name, and on behalf, of the state. In such actions, the court may award actual and necessary costs of prosecution, including reasonable attorney fees, to the relator if her or she prevails, but any forfeiture recovered shall be paid to the state. If the court finds in any such action that the cause of action was frivolous as provided in s. 814.025, the court shall award costs and fees to the defendant under that section.

AB843, s. 139 Section 139. 25.42 of the statutes is amended to read:

AB843,72,22 25.42 Wisconsin election campaign fund. All moneys appropriated under s. 20.855 (4) (b) together with all moneys deposited under ss. 8.35 (4) (a), 11.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), 11.23 (2), and 11.38 (6), all moneys reverting to the state under s. 11.50 (8) and all gifts, bequests and devises received under s. 11.50 (13) constitute the Wisconsin election campaign fund, to be expended for the purposes of s. 11.50. All moneys in the fund not disbursed by the state treasurer shall continue to accumulate indefinitely.

AB843, s. 140 Section 140. 71.07 (6s) of the statutes is created to read:

AB843,72,24 71.07 (6s) Campaign fund tax credit. (a) Definitions. In this subsection: