AB843: Bill Text Engrossed

AB843-engrossed, s. 27 Section 27. 11.06 (7m) (c) of the statutes is amended to read:

AB843-engrossed,29,17 11.06 (7m) (c) A committee filing an oath under sub. (7) which desires to change its status to a political party committee or legislative campaign committee may do so as of December 31 of any even-numbered year. Section 11.26 does not apply to contributions received by such a committee prior to the date of the change. Such a committee may change its status at other times only by filing a termination statement under s. 11.19 (1) and reregistering as a newly organized committee under s. 11.05.

AB843-engrossed, s. 28 Section 28. 11.06 (11) (bm) of the statutes is created to read:

AB843-engrossed,29,20 11.06 (11) (bm) The board shall prescribe a separate schedule for reporting under s. 11.06 (1) by transferees of contributions transferred by conduits.

AB843-engrossed, s. 29 Section 29. 11.065 of the statutes is created to read:

AB843-engrossed,30,12 11.065 Independent expenditures. (1) (a) If any person makes one or more communications to be financed with independent expenditures exceeding $2,000 in the aggregate, that person shall file a report with the board on a form prescribed by the board for this purpose. The report shall be made whenever the person makes one or more communications financed or to be financed with independent expenditures exceeding $2,000 in the aggregate and whenever the person makes one or more additional communications financed or to be financed with independent expenditures exceeding $2,000 in the aggregate that are not identified in a previous report under this subsection. Reports required under this subsection shall be filed within 7 days after the date that communications financed with independent expenditures exceeding $2,000 in the aggregate that are not identified in a previous report are made or, if communications are made within 15 days of the date of a spring primary or election or within 15 days of a September or special primary or general or special election, then within 24 hours after the date that communications financed with independent expenditures exceeding $2,000 in the aggregate that are not identified in a previous report are made.

AB843-engrossed,30,20 (b) If a person makes or incurs an obligation to make a single independent expenditure for the purpose of financing communications that are to be made on more than one day, the person may report the entire expenditure under par. (a) for the day on which the person makes the first communication financed by the expenditure, or the person may report for each day on which the person makes one or more communications financed by the expenditure the proportionate amount of the expenditure attributable to the cost of the communication or communications made on that day.

AB843-engrossed,30,21 (2) Each report filed under sub. (1) shall contain the following information:

AB843-engrossed,30,23 (a) The name of each candidate who is identified in each communication financed by an independent expenditure.

AB843-engrossed,31,3 (b) A statement as to whether the communication is intended to support or oppose any candidate who is identified under par. (a) and if so, the name of that candidate.

AB843-engrossed,31,6 (c) The total amount or value of the independent expenditure and the cumulative aggregate independent expenditures made by the person with respect to that election.

AB843-engrossed,31,14 (3) If a person who makes an independent expenditure does not indicate whether an independent expenditure is made against a candidate or for an eligible candidate's opponent or if the report under sub. (2) reasonably appears to be incorrect, the board may obtain a copy of the communication and, after examination, determine whether the communication was intended to support or oppose a candidate for purposes of s. 11.31 (3r) (a). Any determination made by the board under this subsection applies solely for the purpose of administration of s. 11.31 (3r) (a).

AB843-engrossed, s. 30 Section 30. 11.07 (1) of the statutes is amended to read:

AB843-engrossed,31,25 11.07 (1) Every nonresident committee or group making contributions and every nonresident individual, committee or group making disbursements exceeding $25 cumulatively the amount specified in s. 11.05 (1) or (2) in a calendar year within this state shall file the name, mailing and street address and the name and the mailing and street address of a designated agent within the state with the office of the secretary of state. An agent may be any adult individual who is a resident of this state. After any change in the name or address of such agent the new address or name of the successor agent shall be filed within 30 days. Service of process in any proceeding under this chapter or ch. 12, or service of any other notice or demand may be made upon such agent.

AB843-engrossed, s. 31 Section 31. 11.07 (5) of the statutes is amended to read:

AB843-engrossed,32,7 11.07 (5) Any campaign treasurer or individual who knowingly receives a contribution made by an unregistered nonresident in violation of this section may not use or expend such contribution but shall immediately return it to the source or, at the option of the campaign treasurer or individual, donate the contribution to a charitable organization or to the common school fund or transfer the contribution to the board for deposit in the Wisconsin election campaign fund.

AB843-engrossed, s. 32 Section 32. 11.09 (3) of the statutes is amended to read:

AB843-engrossed,32,21 11.09 (3) Each registrant whose filing officer is the board, and who or which makes disbursements in connection with elections for offices which serve or referenda which affect only one county or portion thereof, except a candidate, personal campaign committee, political party committee or other committee making disbursements in support of or in opposition to a candidate for state senator, representative to the assembly, court of appeals judge or circuit judge, shall file a duplicate original of each financial report filed that the registrant files with the board with the county clerk or board of election commissioners of the county in which the elections filing officer for each jurisdiction in connection with an election in which the registrant participates are held makes disbursements. Such reports shall be filed no later than the dates specified under s. 11.20 (2) and (4) for the filing of each report with the board. This subsection does not apply to a registrant who or which files reports under s. 11.21 (16).

AB843-engrossed, s. 33 Section 33. 11.10 (6) of the statutes is created to read:

AB843-engrossed,33,2 11.10 (6) (a) No personal campaign committee of, or support committee authorized under s. 11.05 (3) (p) by, a candidate for state office may become the personal campaign committee of, or support committee authorized under s. 11.05 (3) (p) by, a candidate for local office.

AB843-engrossed,33,6 (b) No personal campaign committee of, or support committee authorized under s. 11.05 (3) (p) by, a candidate for local office may become the personal campaign committee of, or support committee authorized under s. 11.05 (3) (p) by, a candidate for state office.

AB843-engrossed, s. 34 Section 34. 11.12 (2) of the statutes is amended to read:

AB843-engrossed,33,12 11.12 (2) Any anonymous contribution exceeding $10 received by a campaign or committee treasurer or by an individual under s. 11.06 (7) may not be used or expended. The contribution shall be donated to the common school fund or to any charitable organization or transferred to the board for deposit in the Wisconsin election campaign fund, at the option of the treasurer.

AB843-engrossed, s. 35 Section 35. 11.12 (4) of the statutes is amended to read:

AB843-engrossed,33,17 11.12 (4) Each registrant shall report contributions, disbursements and incurred obligations in accordance with s. 11.20. Except as permitted under s. 11.06 (2), (3) and (3m), each report shall contain the information which is required under s. 11.06 (1).

AB843-engrossed, s. 36 Section 36. 11.12 (6) of the statutes is renumbered 11.12 (6) (a) and amended to read:

AB843-engrossed,34,17 11.12 (6) (a) If any disbursement of more than $20 individual or committee incurs one or more obligations or makes one or more disbursements in an amount exceeding $250 cumulatively is made for the purpose of making one or more communications to advocate the election or defeat of a clearly identified candidate by an individual or committee later than 15 days prior to a primary or election in which the candidate's name appears on the ballot without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or opposed, and not in concert with or at the request or suggestion of such a candidate, agent or committee, the individual or treasurer of the committee shall, within 24 hours of after making the disbursement each communication not identified in a previous report filed under this subsection, inform the appropriate filing officer of. The report shall include the information required under s. 11.06 (1) and shall be made in such manner as the board may prescribe. The information shall also be included in the next regular report of the individual or committee under s. 11.20. For purposes of this subsection, obligations and disbursements cumulate beginning with the day after the last date covered on the preprimary or preelection report and ending with the day before the primary or election and disbursements made for the purpose of payment of obligations that were previously reported are not included in determining the cumulative amount of obligations and disbursements. Upon receipt of a report identifying any obligation or disbursement under this subsection, the filing officer shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom an obligation is incurred or a disbursement identified in the report is made.

AB843-engrossed, s. 37 Section 37. 11.12 (6) (b) of the statutes is created to read:

AB843-engrossed,35,2 11.12 (6) (b) If a person incurs an obligation or makes a disbursement for the purpose of financing communications that are to be made on more than one day, the person may report the entire obligation or disbursement under par. (a) for the day on which the person makes the first communication financed by the obligation or disbursement, or the person may report for each day on which the person makes one or more communications financed by the obligation or disbursement the proportionate amount of the obligation or disbursement attributable to the cost of the communication or communications made on that day.

AB843-engrossed, s. 38 Section 38. 11.16 (2) of the statutes is amended to read:

AB843-engrossed,35,11 11.16 (2) Limitation on cash contributions. Every contribution of money exceeding $50 shall be made by negotiable instrument or evidenced by an itemized credit card receipt bearing on the face the name of the remitter. No treasurer may accept a contribution made in violation of this subsection. The treasurer shall promptly return the contribution, or shall donate it the contribution to the common school fund or to a charitable organization or transfer the contribution to the board for deposit in the Wisconsin election campaign fund in the event that the donor cannot be identified.

AB843-engrossed, s. 39 Section 39. 11.16 (5) of the statutes is amended to read:

AB843-engrossed,36,2 11.16 (5) Escrow agreements. Any personal campaign committee, or political party committee or legislative campaign committee may, pursuant to a written escrow agreement with more than one candidate, solicit contributions for and conduct a joint fund raising effort or program on behalf of more than one named candidate. The agreement shall specify the percentage of the proceeds to be distributed to each candidate by the committee conducting the effort or program. The committee shall include this information in all solicitations for the effort or program. All contributions received and disbursements made by the committee in connection with the effort or program shall be received and disbursed through a separate depository account under s. 11.14 (1) that is identified in the agreement. For purposes of s. 11.06 (1), the committee conducting the effort or program shall prepare a schedule in the form prescribed by the board supplying all required information under s. 11.06 (1) and items qualifying for exclusion under s. 11.31 (6) for the effort or program, and shall transmit a copy of the schedule to each candidate who receives any of the proceeds within the period prescribed in s. 11.06 (4) (c).

AB843-engrossed, s. 40 Section 40. 11.19 (1) of the statutes is amended to read:

AB843-engrossed,36,20 11.19 (1) Whenever any registrant disbands or determines that obligations will no longer be incurred, and contributions will no longer be received nor disbursements made during a calendar year, and the registrant has no outstanding incurred obligations, the registrant shall file a termination report with the appropriate filing officer. Such report shall indicate a cash balance on hand of zero at the end of the reporting period and shall indicate the disposition of residual funds. Residual funds may be used for any political purpose not prohibited by law, returned to the donors in an amount not exceeding the original contribution, transferred to the board for deposit in the Wisconsin election campaign fund or donated to a charitable organization or the common school fund. The report shall be filed and certified as were previous reports, and shall contain the information required by s. 11.06 (1). A registrant to which s. 11.055 (1) applies shall pay the fee imposed under that subsection with a termination report filed under this subsection. If a termination report or suspension report under sub. (2) is not filed, the registrant shall continue to file periodic reports with the appropriate filing officer, no later than the dates specified in s. 11.20. This subsection does not apply to any registrant making an indication under s. 11.05 (2r).

AB843-engrossed, s. 41 Section 41. 11.20 (2), (3) (a) and (b) of the statutes are amended to read:

AB843-engrossed,37,6 11.20 (2) Preprimary and Unless a candidate is required to file additional reports under sub. (3) (be), each candidate who seeks office at a primary or other election, or his or her personal campaign committee, shall file a preprimary and preelection reports report under s. 11.06 (1), which shall be received by the appropriate filing officer no earlier than 14 days and no later than 8 days preceding the primary and the election. Each candidate who is required to file reports under sub. (3) (be), or his or her personal campaign committee, shall file each preprimary and preelection report under sub. (3) (be) so that the report is received by the appropriate filing officer no earlier than the day after the end of the week to which the report pertains and no later than the 5th day after the end of that week.

AB843-engrossed,37,13 (3) (a) A Unless additional reports are required under par. (be), a candidate or personal campaign committee of a candidate at a primary shall file a preprimary and preelection report. If a candidate for a nonpartisan state office at an election is not required to participate in a primary, the candidate or personal campaign committee of the candidate shall file a preprimary report at the time prescribed in sub. (2) or (3) (be) preceding the date specified in s. 5.02 (20) or (22) for the holding of the primary, were it to be required.

AB843-engrossed,37,16 (b) A Unless additional reports are required under par. (be), a candidate or personal campaign committee of a candidate at an election other than a primary shall file a preelection report.

AB843-engrossed, s. 42 Section 42. 11.20 (3) (be) of the statutes is created to read:

AB843-engrossed,38,5 11.20 (3) (be) In addition to any reports required under sub. (2), if a candidate for a state office specified in s. 11.31 (1) (a) to (d), (e), or (f) who seeks to have his or her name appear on the ballot at a general, spring, or special election, as of the 15th day before the primary election at which the candidate seeks nomination or, if no primary is held, as of the 15th day before the date on which the primary would be held, if a primary were required, or at any time thereafter, has received contributions or other income in a total amount exceeding 75% of the disbursement level specified in s. 11.31 (1), as adjusted under s. 11.31 (9), for the office that the candidate seeks, the candidate or his or her personal campaign committee shall file preprimary or preelection reports beginning with the week which includes that day for each week prior to any primary election, and for each week prior to the succeeding general, spring, or special election, if the name of the candidate appears on the ballot at that election.

AB843-engrossed, s. 43 Section 43. 11.20 (8) (intro.) of the statutes is amended to read:

AB843-engrossed,38,8 11.20 (8) (intro.) Reports filed under subs. (2), (3) (be), (4) and (4m) shall include all contributions received and transactions made as of the end of:

AB843-engrossed, s. 44 Section 44. 11.20 (8) (a) of the statutes is amended to read:

AB843-engrossed,38,11 11.20 (8) (a) The 15th day preceding the primary or election in the case of the preprimary and preelection report under sub. (2);

AB843-engrossed, s. 45 Section 45. 11.20 (8) (am) of the statutes is created to read:

AB843-engrossed,38,14 11.20 (8) (am) The Saturday preceding the due date under sub. (2) in the case of a preprimary or preelection report under sub. (3) (be).

AB843-engrossed, s. 46 Section 46. 11.21 (15) of the statutes is amended to read:

AB843-engrossed,38,21 11.21 (15) Inform each candidate who files an application to become eligible to receive a grant from the Wisconsin election campaign fund of the dollar amount of the applicable disbursement limitation under s. 11.31 (1), adjusted as provided under s. 11.31 (9), which applies to the office for which such person is a candidate. Failure to receive the notice required by this subsection does not constitute a defense to a violation of s. 11.27 (1) or 11.31.

AB843-engrossed, s. 47 Section 47. 11.21 (17) of the statutes is created to read:

AB843-engrossed,39,6 11.21 (17) Promulgate rules that require public access channel operators and licensees of public television stations in this state to provide a minimum amount of free time on public access channels and public television stations to individuals whose names are certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear as candidates for state office on the ballot at general, spring, or special elections. The rules promulgated under this subsection shall require public access channel operators and licensees of public television stations to offer the same amount of time to each candidate for a particular state office, but may require different amounts of time to be offered to candidates for different offices.

AB843-engrossed, s. 48 Section 48. 11.23 (1) of the statutes is amended to read:

AB843-engrossed,39,20 11.23 (1) Any group or individual may promote or oppose a particular vote at any referendum in this state. Before making disbursements, receiving contributions, or incurring obligations in excess of $25 $100 in the aggregate in a calendar year for such purposes, the group or individual shall file a registration statement under s. 11.05 (1), (2), or (2r). In the case of a group the name and mailing address of each of its officers shall be given in the statement. Every group and every individual under this section shall designate a campaign depository account under s. 11.14. Every group shall appoint a treasurer, who may delegate authority but is jointly responsible for the actions of his or her authorized designee for purposes of civil liability under this chapter. The appropriate filing officer shall be notified by a group of any change in its treasurer within 10 days of the change under s. 11.05 (5). The treasurer of a group shall certify the correctness of each statement or report submitted by it under this chapter.

AB843-engrossed, s. 49 Section 49. 11.23 (2) of the statutes is amended to read:

AB843-engrossed,40,2 11.23 (2) Any anonymous contribution exceeding $10 received by an individual or group treasurer may not be used or expended. The contribution shall be donated to the common school fund or to any charitable organization or transferred to the board for deposit in the Wisconsin election campaign fund, at the option of the treasurer.

AB843-engrossed, s. 50 Section 50. 11.24 (1s) of the statutes is created to read:

AB843-engrossed,40,6 11.24 (1s) (a) In this subsection, "federal candidate committee" means a committee of an individual who seeks or sought election to the U.S. senate or house of representatives designated by the individual under 2 USC 432 (e).

AB843-engrossed,40,8 (b) No federal candidate committee may make a contribution to a candidate, personal campaign committee or support committee.

AB843-engrossed, s. 51 Section 51. 11.24 (1w) of the statutes is created to read:

AB843-engrossed,40,13 11.24 (1w) (a) "Federal political registrant" means a committee that is registered with the federal election commission under 2 USC 433 (a), other than an authorized campaign committee designated under 2 USC 432 (e) (3), a national political party committee, or a state political party committee.

AB843-engrossed,40,15 (b) No personal campaign committee may make a contribution to a federal political registrant.

AB843-engrossed, s. 52 Section 52. 11.25 (2) (am) of the statutes is created to read:

AB843-engrossed,40,18 11.25 (2) (am) No federal candidate committee, as defined in s. 11.24 (1s) (a), may make a disbursement.

AB843-engrossed, s. 53 Section 53. 11.25 (2) (b) of the statutes is amended to read:

AB843-engrossed,41,7 11.25 (2) (b) Notwithstanding par. (a), a registrant may accept contributions and make disbursements from a campaign depository account for the purpose of making expenditures in connection with a campaign for national office , except as provided in s. 11.24 (1w); for payment of civil penalties incurred by the registrant under this chapter but not under any other chapter; or for payment of the expenses of nonpartisan campaigns to increase voter registration or participation. Notwithstanding par. (a), a personal campaign committee or support committee may accept contributions and make disbursements from a campaign depository account for payment of inaugural expenses of an individual who is elected to state or local office. If such expenses are paid from contributions made to the campaign depository account, they are reportable under s. 11.06 (1) as disbursements. Otherwise, such expenses are not reportable under s. 11.06 (1). If contributions from the campaign depository account are used for such expenses, they are subject to s. 11.26.

AB843-engrossed, s. 54 Section 54. 11.26 (1) (intro.) of the statutes is amended to read:

AB843-engrossed,41,16 11.26 (1) No Subject to sub. (10a) and except as provided under subs. (1t), (9m), and (10), no individual may make any contribution or contributions to a candidate for election or nomination to any of the following offices office specified in pars. (a) to (c) who has filed an affidavit under s. 11.31 (2m) or for election or nomination to any office specified in pars. (cc) to (d) and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

AB843-engrossed, s. 55 Section 55. 11.26 (1) (b) and (c) of the statutes are amended to read:

AB843-engrossed,41,18 11.26 (1) (b) Candidates for state senator, $1,000 $1,500.

AB843-engrossed,41,19 (c) Candidates for representative to the assembly, $500 $750.

AB843-engrossed, s. 56 Section 56. 11.26 (1m) of the statutes is created to read:

AB843-engrossed,42,2 11.26 (1m) Subject to sub. (10a) and except as provided under subs. (1t) and (9m), no individual may make any contribution or contributions to a candidate for election or nomination to any of the following offices who has not filed an affidavit under s. 11.31 (2m) and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

AB843-engrossed,42,4 (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent, or justice, $5,000.

AB843-engrossed,42,5 (b) Candidates for state senator, $750.

AB843-engrossed,42,6 (c) Candidates for representative to the assembly, $375.

AB843-engrossed, s. 57 Section 57. 11.26 (1t) of the statutes is created to read:

AB843-engrossed,42,16 11.26 (1t) The limitations under sub. (1m) apply to any candidate who files an affidavit under s. 11.31 (2m) (a) but who the board determines is ineligible to receive a grant from the Wisconsin election campaign fund, who withdraws his or her application for a grant under s. 11.50 (2) (h), or to whom s. 11.50 (2) (i) applies, unless the candidate subsequently files an affidavit under s. 11.31 (2m) (b). If a candidate files an affidavit under s. 11.31 (2m) (b), the limitations under sub. (1) apply to that candidate beginning on the date that the affidavit is filed. Contributions made before the date on which a limitation changes under this subsection are lawful if the contributions were lawful at the time they were made.

AB843-engrossed, s. 58 Section 58. 11.26 (2) (intro.) of the statutes is amended to read:

AB843-engrossed,42,25 11.26 (2) (intro.) No Subject to sub. (10a) and except as provided under sub. (2t), no committee other than a political party committee or legislative campaign committee may make any contribution or contributions to a candidate for election or nomination to any of the following offices office specified in pars. (a) to (c) who has filed an affidavit under s. 11.31 (2m) or for election or nomination to any office specified in pars. (cc) to (e) and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

AB843-engrossed, s. 59 Section 59. 11.26 (2) (a) of the statutes is amended to read:

AB843-engrossed,43,4 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, 4% of the value of the disbursement level specified in the schedule under s. 11.31 (1) $43,500.

AB843-engrossed, s. 60 Section 60. 11.26 (2) (ae), (am), (as) and (av) of the statutes are created to read:

AB843-engrossed,43,6 11.26 (2) (ae) Candidates for lieutenant governor, $12,000.

AB843-engrossed,43,7 (am) Candidates for attorney general, $22,000.

AB843-engrossed,43,8 (as) Candidates for state superintendent or justice, $12,000.

AB843-engrossed,43,9 (av) Candidates for secretary of state or state treasurer, $8,650.

AB843-engrossed, s. 61 Section 61. 11.26 (2) (b) and (c) of the statutes are amended to read:

AB843-engrossed,43,11 11.26 (2) (b) Candidates for state senator, $1,000 $1,500.

AB843-engrossed,43,12 (c) Candidates for representative to the assembly, $500 $750.