SB104: Bill Text

SB104, s. 41 Section 41. 11.26 (1m) of the statutes is created to read:

SB104,27,18 11.26 (1m) (a) Except as provided in par. (b), no individual who is a candidate for state office and who files a sworn statement and application to receive a grant from the clean government fund may receive and accept more than the amount or value of contributions provided in this subsection for the office for which he or she is a candidate during any campaign, or if the individual has an opponent whose name is certified to appear on the ballot as a candidate for the nomination of his or her party in a primary election in that campaign, after the date of the primary election, from all individuals, including contributions from the individual to his or her own campaign. Except as provided in sub. (10a), the amount or value is:

SB104,27,20 1. For candidates for the offices of governor and lieutenant governor jointly, $1,000,000.

SB104,27,21 2. For a candidate for the office of attorney general, $200,000.

SB104,27,23 3. For a candidate for the office of secretary of state, state treasurer, state superintendent, or justice, $100,000.

SB104,27,24 4. For a candidate for the office of state senator, $60,000.

SB104,27,25 5. For a candidate for the office of representative to the assembly, $30,000.

SB104,28,6 (b) For purposes of computing the applicable amount under par. (a), if one of the candidates of a political party for the office of governor or lieutenant governor has an opponent whose name is certified to appear on the ballot as a candidate for the party nomination of his or her party in the September primary election, the contributions received on or before the date of the primary election by the candidate who has an opponent in the election shall be excluded.

SB104, s. 42 Section 42. 11.26 (2) (intro.) of the statutes is amended to read:

SB104,28,13 11.26 (2) (intro.) 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 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:

SB104, s. 43 Section 43. 11.26 (2) (a) of the statutes is amended to read:

SB104,28,18 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) , as adjusted under s. 11.31 (9).

SB104, s. 44 Section 44. 11.26 (4) of the statutes is amended to read:

SB104,28,24 11.26 (4) No individual may make any contribution or contributions to all candidates for state and local offices and to any individuals who or committees which are subject to a registration requirement under s. 11.05, including legislative campaign committees and committees of a political party, to the extent of more than a total of $10,000 in any calendar year.

SB104, s. 45 Section 45. 11.26 (8) of the statutes is amended to read:

SB104,29,6 11.26 (8) (a) No political party as defined in s. 5.02 (13) may receive more than a total of $150,000 in value of its contributions in any biennium from all other committees, excluding contributions from legislative campaign committees and transfers between party committees of the party. In this paragraph, a biennium commences with January 1 of each odd-numbered year and ends with December 31 of each even-numbered year.

SB104,29,9 (b) No such political party may receive more than a total of $6,000 in value of its contributions in any calendar year from any specific committee or its subunits or affiliates, excluding legislative campaign and political party committees.

SB104,29,12 (c) No committee, other than a political party or legislative campaign committee, may make any contribution or contributions, directly or indirectly, to a political party under s. 5.02 (13) in a calendar year exceeding a total value of $6,000.

SB104, s. 46 Section 46. 11.26 (9) (a) of the statutes is renumbered 11.26 (9) (a) (intro.) and amended to read:

SB104,29,25 11.26 (9) (a) (intro.) No Except as provided in par. (aa), no individual who is a candidate for state or local office and who files a sworn statement and application to receive a grant from the clean government fund may receive and accept more than 65% of the value of the total disbursement level determined under s. 11.31 the amount or value of contributions provided in this subsection for the office for which he or she is a candidate during any primary and election campaign combined, or if the individual has an opponent whose name is certified to appear on the ballot as a candidate for the nomination of his or her party at a primary election, after the date of the primary election in that campaign, from all committees subject to a filing requirement, including political party and legislative campaign committees. Except as provided in sub. (10a), the amount or value of contributions is:

SB104, s. 47 Section 47. 11.26 (9) (a) 1. to 5. of the statutes are created to read:

SB104,30,3 11.26 (9) (a) 1. For candidates for the offices of governor and lieutenant governor jointly, $330,000.

SB104,30,4 2. For a candidate for the office of attorney general, $65,000.

SB104,30,6 3. For a candidate for the office of secretary of state, state treasurer, justice, or state superintendent, $33,000.

SB104,30,7 4. For a candidate for the office of state senator, $20,000.

SB104,30,8 5. For a candidate for the office of representative to the assembly, $10,000.

SB104, s. 48 Section 48. 11.26 (9) (aa) of the statutes is created to read:

SB104,30,15 11.26 (9) (aa) For purposes of computing the applicable amount under par. (a), if one of the candidates of a political party for the office of governor or lieutenant governor has an opponent whose name is certified to appear on the ballot as a candidate for the party nomination of his or her party in the September primary election, the contributions received on or before the date of the primary election by the candidate who has the opponent in that election shall be excluded.

SB104, s. 49 Section 49. 11.26 (9) (am) of the statutes is created to read:

SB104,30,22 11.26 (9) (am) No individual who is a candidate for state or local office, other than an office specified in par. (a), may receive and accept more than 65% of the value of the total disbursement level determined under s. 11.31 (1), as adjusted under s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party committees.

SB104, s. 50 Section 50. 11.26 (9) (b) of the statutes is amended to read:

SB104,31,4 11.26 (9) (b) No individual who is a candidate for state or local office, other than an office specified in par. (a), may receive and accept more than 45% of the value of the total disbursement level determined under s. 11.31 (1), as adjusted under s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement.

SB104, s. 51 Section 51. 11.26 (9) (c) of the statutes is repealed.

SB104, s. 52 Section 52. 11.26 (10) of the statutes is renumbered 11.26 (10) (a) and amended to read:

SB104,32,3 11.26 (10) (a) No Except as provided in par. (b) and sub. (10a), no candidate for state office who files a sworn statement and application to receive a grant from the Wisconsin election campaign clean government fund may make contributions of more than 200% of the amounts amount or value of the limitation specified in sub. (1) to the candidate's own campaign from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, unless the board determines that the candidate is not eligible to receive a grant, or the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) applies. The limitation prescribed in this subsection applies during any campaign, or if a candidate has an opponent whose name is certified to appear on the ballot as a candidate for the nomination of his or her party at a primary election, after the date of the primary election in that campaign. For purposes of this subsection, any contribution received by a candidate or his or her personal campaign committee from a committee which is registered with the federal elections commission as the authorized committee of the candidate under 2 USC 432 (e) shall be treated as a contribution made by the candidate to his or her own campaign. The contribution limit of sub. (4) applies to amounts contributed by such a candidate personally to the candidate's own campaign and to other campaigns, except that a candidate may exceed the limitation if authorized under this subsection to contribute more than the amount specified to the candidate's own campaign, up to the amount of the limitation.

SB104, s. 53 Section 53. 11.26 (10) (b) of the statutes is created to read:

SB104,32,10 11.26 (10) (b) For purposes of computing the applicable amount under par. (a), if one of the candidates of a political party for the office of governor or lieutenant governor has an opponent whose name is certified to appear on the ballot as a candidate for the party nomination of his or her party in the September primary election, the contributions received on or before the date of the primary election by the candidate who has an opponent in that election shall be excluded.

SB104, s. 54 Section 54. 11.26 (10a) of the statutes is created to read:

SB104,32,14 11.26 (10a) (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the federal department of labor.

SB104,33,4 (b) The dollar amounts of the limitations under subs. (1m), (9) (a), and (10) (a) shall be subject to a biennial adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for calendar year 2003. For each biennium, the board shall multiply the amount of each limitation under subs. (1m), (9) (a), and (10) by the percentage difference in the consumer price indices. The board shall adjust the amount of each limitation to substitute that result for the existing amount to the extent required to reflect any difference, rounded to the nearest multiple of $25. The amount so determined shall then be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare and without a finding of emergency.

SB104, s. 55 Section 55. 11.26 (13) of the statutes is amended to read:

SB104,33,8 11.26 (13) Except as provided in sub. (9), contributions Contributions received from the Wisconsin election campaign clean government fund are not subject to limitation by this section.

SB104, s. 56 Section 56. 11.26 (17) (a) of the statutes is amended to read:

SB104,33,12 11.26 (17) (a) For purposes of application of the limitations imposed in subs. (1), (1m), (2), (9), and (10), the "campaign" of a candidate begins and ends at the times specified in this subsection, except as otherwise provided in subs. (1m), (9), and (10).

SB104, s. 57 Section 57. 11.265 of the statutes is repealed.

SB104, s. 58 Section 58. 11.31 (1) (a) of the statutes is amended to read:

SB104,33,16 11.31 (1) (a) Candidates for governor, $1,078,200 and lieutenant governor jointly, $2,000,000.

SB104, s. 59 Section 59. 11.31 (1) (b) of the statutes is repealed.

SB104, s. 60 Section 60. 11.31 (1) (c) and (d) of the statutes are amended to read:

SB104,33,19 11.31 (1) (c) Candidates for attorney general, $539,000 $400,000.

SB104,33,21 (d) Candidates for secretary of state, state treasurer, justice, or state superintendent, $215,625 $200,000.

SB104, s. 61 Section 61. 11.31 (1) (e) and (f) of the statutes are amended to read:

SB104,33,25 11.31 (1) (e) Candidates for state senator, $34,500 total in the primary and election, with disbursements not exceeding $21,575 for either the primary or the election $120,000.

SB104,34,3 (f) Candidates for representative to the assembly, $17,250 total in the primary and election, with disbursements not exceeding $10,775 for either the primary or the election $60,000.

SB104, s. 62 Section 62. 11.31 (2) of the statutes is amended to read:

SB104,34,19 11.31 (2) Limitation imposed. No candidate for state office at a spring or general election who files a sworn statement and application to receive a grant from the Wisconsin election campaign clean government fund may make or authorize total disbursements from the his or her campaign treasury in any campaign to the extent of more than the amount prescribed in sub. (1), adjusted as provided under sub. (9), unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) sub. (3p) applies. No candidate for state office at a special election who files a sworn statement and application to receive a grant from the Wisconsin election campaign clean government fund may make or authorize total disbursements from the his or her campaign treasury in any campaign to the extent of more than the amount prescribed under sub. (1), adjusted as provided under sub. (9), for the preceding spring or general election for the same office, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) sub. (3p) applies.

SB104, s. 63 Section 63. 11.31 (2m) of the statutes is repealed.

SB104, s. 64 Section 64. 11.31 (3) of the statutes is repealed.

SB104, s. 65 Section 65. 11.31 (3m) of the statutes is repealed.

SB104, s. 66 Section 66. 11.31 (3p) of the statutes is created to read:

SB104,35,2 11.31 (3p) Candidates receiving additional grants; exception. If a candidate receives a grant under s. 11.50 (9) (b), (ba), (bb), or (bc), the disbursement limitation of that candidate for the campaign in which the grant is received is increased by the amount of that grant.

SB104, s. 67 Section 67. 11.31 (4) of the statutes is repealed.

SB104, s. 68 Section 68. 11.31 (6) (c) of the statutes is created to read:

SB104,35,10 11.31 (6) (c) Disbursements which are made or obligated to be made by a candidate of a political party for the office of governor or lieutenant governor who has an opponent whose name is certified to appear on the ballot as a candidate for the party nomination of his or her party in the September primary election and which are made or obligated to be made on or before the date of the primary election are not subject to any disbursement limitation.

SB104, s. 69 Section 69. 11.31 (7) (a) of the statutes is amended to read:

SB104,35,23 11.31 (7) (a) For purposes of this section, except as provided in par. (e), the "campaign" of a candidate extends from July 1 preceding the date on which the spring primary or election occurs or January 1 preceding the date on which the September primary or general election occurs for the office which the candidate seeks, or from the date of the candidate's public announcement, whichever is earlier, through the last day of the month following the month in which the election or primary is held for the office which the candidate seeks, except that if a candidate for an office specified in s. 11.31 (1) (a) to (d), (e), or (f) has an opponent whose name is certified to appear on the ballot as a candidate for the nomination of his or her party at a primary election, the campaign of that candidate extends from the day after the date of the primary election through the last day of the month following the month in which the election is held for the office which the candidate seeks.

SB104, s. 70 Section 70. 11.31 (9) of the statutes is created to read:

SB104,36,4 11.31 (9) Adjustment of disbursement levels. (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the federal department of labor.

SB104,36,19 (b) The dollar amounts of all disbursement levels specified in sub. (1) shall be subject to a biennial adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for the base period, calendar year 2003. For each biennium, the board shall multiply that result by the percentage difference in the consumer price indices. The board shall adjust the disbursement levels specified under sub. (1) to substitute that result for the existing levels to the extent required to reflect any difference, rounded to the nearest multiple of $25 in the case of amounts of $1 or more, which amounts shall be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare and without a finding of emergency.

SB104, s. 71 Section 71. 11.50 (title) of the statutes is amended to read:

SB104,36,21 11.50 (title) Wisconsin election campaign Clean government fund.

SB104, s. 72 Section 72. 11.50 (1) (b) of the statutes is amended to read:

SB104,36,24 11.50 (1) (b) "Fund" means the Wisconsin election campaign clean government fund.

SB104, s. 73 Section 73. 11.50 (2) (a) of the statutes is amended to read:

SB104,37,15 11.50 (2) (a) Any individual who desires to qualify as an eligible candidate may file an application with the board requesting approval to participate in the fund. The application shall be filed no later than the applicable deadline for filing nomination papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a) or 8.50 (3) (a), no later than 4:30 p.m. on the 7th day after the primary or date on which the primary would be held if required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in the case of candidates appointed to fill vacancies. The application shall contain a sworn statement that the candidate and his or her authorized agents have complied with the contribution limitations prescribed in s. 11.26 and the disbursement limitations prescribed under s. 11.31 (1), as adjusted under s. 11.31 (9), at all times to which such limitations have applied to his or her candidacy and will continue to comply with the limitations at all times to which the limitations apply to his or her candidacy for the office in contest, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under par. (h), or par. (i) s. 11.31 (3p) applies.

SB104, s. 74 Section 74. 11.50 (2) (b) (intro.) of the statutes is amended to read:

SB104,37,18 11.50 (2) (b) (intro.) The Except as provided in par. (bm), the board shall approve the application of an eligible candidate for participation if:

SB104, s. 75 Section 75. 11.50 (2) (b) 5. of the statutes is renumbered 11.50 (2) (b) 5. (intro.) and amended to read:

SB104,38,20 11.50 (2) (b) 5. (intro.) The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received at least the amount provided in this subdivision, from contributions of money, other than loans, made by individuals who are residents of this state, other than contributions received through conduits, which have been received during the period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding such date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days preceding such date or the date a special election is ordered, whichever is earlier, in the case of special election candidates, which contributions are in the aggregate amount of $100 or less, and which are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual In the case of a candidate for legislative office, the contributions may only be received from individuals who are residents of the district in which the candidate seeks office. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5% of the candidate's authorized disbursement limitation under s. 11.31. For any other candidate at the general election, the required amount to qualify for a grant is 10% of the candidate's authorized disbursement limitation under s. 11.31. Except as provided in sub. (9a), the amount of contributions required under this subdivision is:

SB104, s. 76 Section 76. 11.50 (2) (b) 5. a. to e. of the statutes are created to read:

SB104,38,23 11.50 (2) (b) 5. a. For candidates for the offices of governor and lieutenant governor jointly, $80,400.

SB104,38,24 b. For a candidate for the office of attorney general, $16,200.

SB104,39,2 c. For a candidate for the office of secretary of state, state treasurer, justice, or state superintendent, $8,040.

SB104,39,3 d. For a candidate for the office of state senator, $5,000.

SB104,39,4 e. For a candidate for the office of representative to the assembly, $2,500.

SB104, s. 77 Section 77. 11.50 (2) (bm) of the statutes is created to read:

SB104,39,8 11.50 (2) (bm) The board shall not approve the application of an eligible candidate for the office of governor or lieutenant governor of the same political party unless both candidates qualify to receive a grant under this subsection.

SB104, s. 78 Section 78. 11.50 (2) (g) of the statutes is amended to read:

SB104,39,17 11.50 (2) (g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the contribution limitations prescribed in s. 11.26 and the disbursement limitations imposed under s. 11.31 (2), as adjusted under s. 11.31 (9), as binding upon himself or herself and his or her agents during the campaign as defined in s. 11.31 (7), as a precondition to receipt of a grant under this section, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws the application under par. (h), or par. (i) s. 11.31 (3p) applies.