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2001 - 2002 LEGISLATURE
March 28, 2001 - Introduced by Senators George, Risser, Robson, Grobschmidt,
Rosenzweig, Darling, Burke, Plache, Baumgart, Wirch
and Shibilski,
cosponsored by Representatives Bock, Musser, Ainsworth, Young, Pocan,
Gunderson, Carpenter, Berceau, Reynolds, Ryba, Richards, Black, Plouff,
Meyerhofer, Cullen, Coggs, Balow, Turner, J. Lehman, Shilling,
Morris-Tatum, Travis, Kreuser, Hebl, Schooff, Riley, Huber, Krug, Miller,
Lassa
and Sinicki. Referred to Committee on Judiciary, Consumer Affairs,
and Campaign Finance Reform.
SB115,1,7 1An Act to repeal 11.50 (3) (a) 2.; to amend 5.05 (1) (e), 8.35 (4) (b), 11.16 (2), 11.26
2(1) (a), 11.26 (2) (a), 11.26 (9) (a), 11.26 (9) (b), 11.26 (13), 11.27 (1), 11.31 (1) (d),
311.50 (1) (a) 1., 11.50 (3) (b) and 12.05; and to create 11.001 (2m), 11.26 (1) (am),
411.26 (2) (am), 11.26 (9) (ba), 11.501 to 11.518, 20.510 (1) (r), 20.585 (1) (q),
520.585 (1) (r), 20.855 (4) (bb), 25.17 (1) (cm) and 25.421 of the statutes; relating
6to:
campaign financing with respect to the office of justice of the supreme court,
7making appropriations, and providing penalties.
Analysis by the Legislative Reference Bureau
This bill makes numerous changes in the campaign finance law affecting
campaigns for the office of justice of the supreme court. The bill removes candidates
for the office of justice from eligibility for grants under the Wisconsin election
campaign fund, under which eligible candidates for state offices (except district
attorney, court of appeals judge, and circuit judge) may receive public grants from
state general purpose revenues derived from designations made by individuals filing
state income tax returns. To finance elections for the office of justice, the bill instead
creates a democracy trust fund, under which eligible candidates for this office may
receive public financing benefits derived from general purpose revenues without
regard to designations made by individuals filing state income tax returns.
Currently, a candidate for the office of justice of the supreme court may qualify
to receive a grant from the Wisconsin election campaign fund for use in only an

election campaign. No funding is provided for primary campaigns. To qualify for a
grant, a candidate must qualify to have his or her name appear on the spring election
ballot and must have an opponent who qualifies to have his or her name appear on
that ballot. The maximum amount of a grant that a candidate may receive is
$97,031. This amount is not subject to any cost of living adjustment. In addition,
this amount is reduced by the total amount of contributions received by a candidate
from special interest and personal campaign committees, and this amount may not
be fully funded in a particular year if there are not sufficient moneys in the Wisconsin
election campaign fund to provide full financing for all qualifying candidates. A
candidate must agree to abide by spending and self-contribution limits to receive a
grant, but this agreement does not apply if the candidate has an opponent who could
have qualified for a grant but declines to do so and declines to file an affidavit of
voluntary compliance with spending and self-contribution limits.
Under this bill, a candidate for the office of justice of the supreme court may
qualify for a public financing benefit from the democracy trust fund to finance a
campaign in a primary or election by receiving qualifying contributions from at least
500 residents of this state in amounts of not less than $10 nor more than $100. A
candidate who accepts a public financing benefit may accept "seed money"
contributions in amounts of $100 or less and may contribute personal funds in an
aggregate amount not exceeding $5,000 during specified periods. With limited
exceptions, a candidate who accepts a public financing benefit may not accept any
contributions other than qualifying and seed money contributions, including
contributions from personal funds. Disbursements (expenditures) made by a
candidate from qualifying and seed money contributions may not exceed $25,000.
If a candidate who accepts a public financing benefit receives qualifying and seed
money contributions in a total amount greater than $25,000, the candidate must
remit the excess contributions to the elections board for deposit in the democracy
trust fund. Initial public financing benefits for eligible candidates are $100,000 in
the spring primary and $300,000 in the spring election. The benefits are subject to
a biennial cost of living adjustment, beginning in 2004, in accordance with the rate
of increase or decrease in the "consumer price index," as determined by the U.S.
department of labor, with the result in turn adjusted by the rate of increase or
decrease in the voting age population of this state, as determined by the federal
election commission. The bill provides that if a candidate for the office of justice has
an unencumbered balance in his or her campaign depository account on the day the
bill becomes law, that candidate may make disbursements from that balance for his
or her campaign, but an amount equal to the balance is deducted from the candidate's
public financing benefit.
In addition, if a candidate's opponent declines to accept a public financing
benefit and accepts contributions or makes disbursements in a total amount that
exceeds the amount of the initial public financing benefit for a candidate who accepts
a public financing benefit, the candidate who accepts a public financing benefit
receives additional funding equivalent to the excess contributions accepted or
disbursements made by his or her opponent. The funding is determined on the basis
of information provided by candidates who decline to accept public financing

benefits. Under the bill, these candidates must file reports with the board disclosing
their total contributions accepted and disbursements made. A candidate who
receives a public financing benefit also receives additional funding equivalent to
independent expenditures for communications exceeding $2,000 cumulatively for
certain communications made against the candidate or in support of his or her
opponents if those expenditures exceed 20% of the amount of the public financing
benefit for the office of justice. The bill defines "independent expenditure" to include
only those expenditures made independently of a candidate for the office of justice
for communications that contain a reference to such a candidate and that are made
during the period beginning 30 days before the spring primary and ending on the
date of the spring election (or during the last 60 days before the spring election if no
primary is held). The bill requires persons who make communications financed with
independent expenditures to file reports with the board disclosing the amounts
expended for those expenditures. Under the bill, additional funding may not exceed
three times the amount of the initial public financing benefit.
Currently, individuals and committees making political contributions to
candidates for the office of justice of the supreme court are subject to limitations on
the amount or value of any contribution or contributions that may be made
cumulatively to any candidate in a campaign. The limitations are $10,000 in the case
of an individual making any contribution or contributions to a candidate and $8,625
in the case of a committee making any contribution or contributions to a candidate.
This bill replaces these limitations with a contribution limitation of $5,000
applicable to an individual or committee making any contribution or contributions
to a candidate for the office of justice. Because, under the bill, a candidate who
accepts a public financing benefit is subject to more restrictive provisions in most
cases, the limitations generally apply only to contributions made to a candidate who
declines to accept a public financing benefit.
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:
SB115, s. 1 1Section 1. 5.05 (1) (e) of the statutes is amended to read:
SB115,4,52 5.05 (1) (e) Delegate to its executive director the authority to issue a subpoena
3under par. (b), apply for a search warrant under par. (b), commence an action under
4par. (d), intervene in an action or proceeding under sub. (9), issue an order under s.
55.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a),
6exempt a municipality from the requirement to use voting machines or an electronic

1voting system under s. 5.40 (5m), approve an electronic data recording system for
2maintaining poll lists under s. 6.79, or authorize nonappointment of an individual
3who is nominated to serve as an election official under s. 7.30 (4) (e), or make a
4determination concerning the nature of an independent expenditure under s. 11.513
5(4),
subject to such limitations as the board deems appropriate.
SB115, s. 2 6Section 2. 8.35 (4) (b) of the statutes is amended to read:
SB115,4,167 8.35 (4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys
8received by a candidate from the Wisconsin election campaign fund shall be
9immediately transferred to any candidate who is appointed to replace such
10candidate, upon filing of a proper application therefor under s. 11.50 (2). If there is
11no candidate appointed or if no proper application is filed within 7 days of the date
12on which the vacancy occurs, such moneys shall revert to the state as provided in s.
1311.50 (8). Notwithstanding par. (a), any unspent and unencumbered moneys
14received by a candidate from the democracy trust fund shall be immediately
15transferred to any candidate who is appointed to replace such candidate. If there is
16no candidate appointed, the moneys shall revert to the state.
SB115, s. 3 17Section 3. 11.001 (2m) of the statutes is created to read:
SB115,5,1318 11.001 (2m) The declarations of policy and intent in this section have
19particular application in elections for the office of justice. The legislature finds that
20an independent, elected judiciary is an indispensable part of state government, and
21it is essential that the public have confidence in the absolute integrity of the
22nonpartisan judiciary in general and the supreme court in particular, which has
23supervisory authority over the judiciary. To the extent consistent with the state and
24federal constitutions, judicial elections should be free from both partisan and
25financial influence, including even the suggestion that a judicial candidate is

1associated with a committee, group, or cause other than the candidate's own personal
2campaign committee. Ethical constraints may limit the ability of judicial candidates
3to engage in fund raising, and candidates who are incumbent judges may have
4limited ability to discuss cases in which they have been involved. The legislature
5finds, therefore, that there is a compelling justification for public financing of
6campaigns for the office of justice, to help remove even the appearance of impropriety
7from the electoral process. The legislature further finds a compelling justification
8for minimal disclosure of all communications made near the time of an election that
9include the name or likeness of a candidate for the office of justice to allow increased
10funding for such candidates based upon independent expenditures. This minimal
11disclosure burden is outweighed by the need to establish an effective funding
12mechanism for candidates for the office of justice to effectively respond to
13independent expenditures that may impact an election for that office.
SB115, s. 4 14Section 4. 11.16 (2) of the statutes is amended to read:
SB115,5,2115 11.16 (2) Limitation on cash contributions. Every Except as provided in s.
1611.506 (6), every
contribution of money exceeding $50 shall be made by negotiable
17instrument or evidenced by an itemized credit card receipt bearing on the face the
18name of the remitter. No treasurer may accept a contribution made in violation of
19this subsection. The treasurer shall promptly return the contribution, or donate it
20to the common school fund or to a charitable organization in the event that the donor
21cannot be identified.
SB115, s. 5 22Section 5. 11.26 (1) (a) of the statutes is amended to read:
SB115,5,2423 11.26 (1) (a) Candidates for governor, lieutenant governor, secretary of state,
24state treasurer, attorney general, or state superintendent or justice, $10,000.
SB115, s. 6 25Section 6. 11.26 (1) (am) of the statutes is created to read:
SB115,6,1
111.26 (1) (am) Candidates for justice, $5,000.
SB115, s. 7 2Section 7. 11.26 (2) (a) of the statutes is amended to read:
SB115,6,53 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state,
4state treasurer, attorney general, or state superintendent or justice, 4% of the value
5of the disbursement level specified in the schedule under s. 11.31 (1).
SB115, s. 8 6Section 8. 11.26 (2) (am) of the statutes is created to read:
SB115,6,77 11.26 (2) (am) Candidates for justice, $5,000.
SB115, s. 9 8Section 9. 11.26 (9) (a) of the statutes is amended to read:
SB115,6,149 11.26 (9) (a) No Except as provided in par. (ba), no individual who is a candidate
10for state or local office may receive and accept more than 65% of the value of the total
11disbursement level determined under s. 11.31 for the office for which he or she is a
12candidate during any primary and election campaign combined from all committees
13subject to a filing requirement, including political party and legislative campaign
14committees.
SB115, s. 10 15Section 10. 11.26 (9) (b) of the statutes is amended to read:
SB115,6,2116 11.26 (9) (b) No Except as provided in par. (ba), no individual who is a candidate
17for state or local office may receive and accept more than 45% of the value of the total
18disbursement level determined under s. 11.31 for the office for which he or she is a
19candidate during any primary and election campaign combined from all committees
20other than political party and legislative campaign committees subject to a filing
21requirement.
SB115, s. 11 22Section 11. 11.26 (9) (ba) of the statutes is created to read:
SB115,6,2423 11.26 (9) (ba) Paragraphs (a) and (b) do not apply to a candidate who receives
24a public financing benefit from the democracy trust fund.
SB115, s. 12 25Section 12. 11.26 (13) of the statutes is amended to read:
SB115,7,3
111.26 (13) Except Public financing benefits received from the democracy trust
2fund and, except
as provided in sub. (9), contributions received from the Wisconsin
3election campaign fund are not subject to limitation by this section.
SB115, s. 13 4Section 13. 11.27 (1) of the statutes is amended to read:
SB115,7,85 11.27 (1) No person may prepare or submit a false report or statement to a filing
6officer under this chapter. This subsection does not apply to any information
7reported by a person making an independent expenditure, as defined in s. 11.501
8(10), under s. 11.513 (2) (b).
SB115, s. 14 9Section 14. 11.31 (1) (d) of the statutes is amended to read:
SB115,7,1110 11.31 (1) (d) Candidates for secretary of state, state treasurer, justice or state
11superintendent, $215,625.
SB115, s. 15 12Section 15. 11.50 (1) (a) 1. of the statutes is amended to read:
SB115,7,2013 11.50 (1) (a) 1. With respect to a spring or general election, any individual who
14is certified under s. 7.08 (2) (a) as a candidate in the spring election for justice or state
15superintendent, or an individual who receives at least 6% of the vote cast for all
16candidates on all ballots for any state office, except district attorney, for which the
17individual is a candidate at the September primary and who is certified under s. 7.08
18(2) (a) as a candidate for that office in the general election, or an individual who has
19been lawfully appointed and certified to replace either such individual on the ballot
20at the spring or general election; and who has qualified for a grant under sub. (2).
SB115, s. 16 21Section 16. 11.50 (3) (a) 2. of the statutes is repealed.
SB115, s. 17 22Section 17. 11.50 (3) (b) of the statutes is amended to read:
SB115,8,423 11.50 (3) (b) If a vacancy occurs in the office of state superintendent or justice
24after August 15 in any year, and an election is scheduled to fill the vacancy at the
25spring election in the following year, the state treasurer shall transfer an amount not

1exceeding 8% of the moneys transferred to the fund on the preceding August 15 to
2the superintendency account for the office in which the vacancy occurs, such moneys
3to be drawn from any account within the accounts created under sub. (4) in the
4amount or amounts specified by the board.
SB115, s. 18 5Section 18. 11.501 to 11.518 of the statutes are created to read:
SB115,8,6 611.501 Definitions. In ss. 11.501 to 11.518:
SB115,8,8 7(1) "Business day" means every day except Saturday, Sunday, and a holiday
8designated in s. 230.35 (4) (a).
SB115,8,9 9(2) "Campaign" has the meaning given in s. 11.26 (17).
SB115,8,14 10(2m) "Communication" means a message transmitted by means of a printed
11advertisement, billboard, handbill, sample ballot, radio or television advertisement,
12telephone call, or any medium that may be utilized for the purpose of disseminating
13or broadcasting a message, but not including a poll conducted solely for the purpose
14of identifying or collecting data concerning the attitudes or preferences of electors.
SB115,8,17 15(3) "Election campaign period" means the period beginning on the day after the
16spring primary election or the day on which a primary election would be held, if
17required, and ending on the day of the succeeding spring election.
SB115,8,18 18(4) "Eligible candidate" means a candidate for the office of justice who:
SB115,8,2019 (a) Has an opponent who has qualified to have his or her name certified for
20placement on the ballot at the spring primary or election.
SB115,8,2321 (b) Qualifies for a public financing benefit by collecting the required number
22of qualifying contributions, making all required reports and disclosures, and being
23certified by the board as being in compliance with ss. 11.502 to 11.518.
SB115,9,3
1(7) "Exploratory period" means the period that begins after the date of a spring
2election and ends on the first day of the public financing qualifying period for the next
3election for justice.
SB115,9,5 4(9) "Immediate family," when used with reference to a candidate, includes the
5candidate's spouse and children.
SB115,9,14 6(10) "Independent expenditure" means an expenditure made for the purpose
7of making a communication that is made during the 30-day period preceding any
8spring primary for the office of justice and the date of the spring election, or if no
9primary is held, during the 60-day period preceding the spring election; that
10contains a reference to a clearly identified candidate for the office of justice at that
11election; that is made without cooperation or consultation with such a candidate, or
12any authorized committee or agent of such a candidate; and that is not made in
13concert with, or at the request or suggestion of, such a candidate, or any authorized
14committee or agent of such a candidate.
SB115,9,17 15(12) "Nonparticipating candidate" means a candidate for the office of justice
16who does not apply for a public financing benefit or who otherwise is ineligible or fails
17to qualify for a public financing benefit under ss. 11.502 to 11.518.
SB115,9,19 18(13) "Personal funds" means funds contributed by a candidate or a member of
19a candidate's immediate family.
SB115,9,23 20(14) "Primary election campaign period" means the period beginning on the
21day after the last day prescribed by law for filing nomination papers for the office of
22justice and ending on the day of the spring primary election for that office or the day
23on which the primary election would be held, if required.
SB115,10,3
1(15) "Public financing qualifying period" means the period beginning on the
2first day of July of any year and ending on the day before the beginning of the primary
3election campaign period for that office.
SB115,10,5 4(16) "Qualifying contribution" means a contribution made to a candidate by a
5resident of this state during the public financing qualifying period.
SB115,10,12 6(17) "Seed money contribution" means a contribution in an amount of not more
7than $100 made to a candidate during the exploratory period or the public financing
8qualifying period, or a contribution made to a candidate consisting of personal funds
9of that candidate in an amount not more than the amount authorized under s. 11.507
10during the exploratory period or the public financing qualifying period. "Seed money
11contribution" does not include a contribution for a purpose authorized under s.
1211.506 (1m).
SB115,11,2 1311.502 Qualification and certification at primary election. (1) Before
14a candidate for the office of justice in the primary election may be certified as an
15eligible candidate to receive a public financing benefit for the primary election
16campaign period, or for the election campaign period if no spring primary election for
17the office of justice is held, the candidate shall apply to the board for a public
18financing benefit and file a sworn statement that the candidate has complied and will
19comply with all requirements of ss. 11.502 to 11.518 throughout the applicable
20campaign. If the candidate desires to receive public financing benefits by electronic
21transfer, the candidate shall include in his or her application sufficient information
22and authorization for the state treasurer to transfer payments to his or her campaign
23depository account. A candidate shall file the application and statement, together
24with the list of qualifying contributions required under s. 11.510 (1), no later than

15 p.m. on the 10th day after the last day prescribed by law for filing nomination
2papers for the office of justice.
SB115,11,7 3(2) A candidate for the office of justice shall be certified by the board as an
4eligible candidate for receipt of a public financing benefit if the candidate complies
5with sub. (1) and receives qualifying contributions from at least 500 individuals in
6amounts equal to not less than $10 nor more than $100 before the close of the public
7financing qualifying period.
SB115,11,10 8(3) The board shall verify a candidate's compliance with the requirements of
9sub. (2) by such verification and sampling techniques as the board considers
10appropriate.
SB115,11,23 11(4) Within 3 business days after the deadline provided under sub. (1), any
12person may challenge the validity of any contribution listed by a candidate by filing
13a written challenge with the board setting forth any reason why the contribution
14should not be accepted as a qualifying contribution. Within 5 business days after the
15deadline provided under sub. (1), the candidate who listed any contribution that is
16the subject of a challenge may file with the board an additional contribution within
17the total limitation prescribed under s. 11.509 for consideration as a qualifying
18contribution. If a contribution is challenged under this subsection, the board shall
19decide the validity of the challenge no later than the end of the next business day
20after the day that the challenge is filed, unless the board determines that the
21candidate whose contribution is challenged has sufficient qualifying contributions
22to be certified as an eligible candidate under this section without considering the
23challenge.
SB115,11,25 24(5) A qualifying contribution may be utilized only for the purpose of making
25a disbursement authorized by law.
SB115,12,12
111.503 Qualification and certification at spring election. (1) If a spring
2primary for the office of justice is held, and a candidate is nominated at the primary
3to have his or her name appear as a candidate for the office of justice in the spring
4election, that candidate may apply to the board to receive a public financing benefit
5for the spring election. Before a candidate may be certified as an eligible candidate
6to receive a public financing benefit for the spring election, the candidate shall file
7with the board a sworn statement that the candidate has fulfilled all the
8requirements of ss. 11.502 to 11.518 during the primary election campaign period
9and will comply with such requirements during the election campaign period. A
10candidate shall file the application and statement no later than the day after the date
11of the spring primary election or the day on which the primary election would be held
12if a primary were required.
SB115,12,15 13(2) The board shall certify a candidate as an eligible candidate for receipt of
14public financing for a spring election if the candidate qualifies under sub. (1) to
15receive the benefit and the candidate complies with sub. (1).
SB115,12,19 1611.506 Requirements imposed upon candidates. (1) Except provided in
17sub. (1m), an eligible candidate may not accept private contributions other than seed
18money contributions and qualifying contributions that the candidate accepts during
19the exploratory period and the public financing qualifying period.
SB115,13,3 20(1m) An eligible candidate may accept private contributions at any time for the
21purpose of payment of legal expenses in connection with a civil investigation or
22prosecution for an alleged violation of this chapter by the candidate or his or her
23personal campaign committee, payment of civil penalties incurred under this
24chapter by the candidate or his or her personal campaign committee, payment of
25recount expenses incurred by the candidate or his or her personal campaign

1committee, or payment of inaugural expenses of the candidate, subject to applicable
2contribution limitations under s. 11.26. This subsection does not preclude payment
3of such expenses in any other lawful manner.
SB115,13,11 4(2) In addition to reports required to be filed under ss. 11.12 (5) and 11.20, a
5candidate who receives a public financing benefit shall furnish complete financial
6records, including records of seed money contributions, qualifying contributions, and
7disbursements, to the board on the 15th or the last day of the month that
8immediately follows the receipt of the contribution or the making of the
9disbursement, whichever comes first, except that during July, August, and
10September records need only be furnished on the last day of the month. Each such
11candidate shall cooperate with any audit or examination by the board.
SB115,13,18 12(3) In addition to complying with ss. 11.06 (5) and 11.12 (3), a candidate who
13receives a public financing benefit shall maintain records of all seed money and
14qualifying contributions received. These records shall contain the full name of the
15contributor and the contributor's full home address. In addition, if a contributor's
16aggregate contributions to any candidate exceed $50 for any campaign, the
17candidate shall also maintain a record of the contributor's principal occupation and
18the name and business address of the contributor's place of employment.
SB115,13,21 19(4) Failure to record any information pertaining to a contribution under sub.
20(3) or to provide the board with that information upon request disqualifies the
21contribution from being counted as a qualifying contribution under s. 11.502 (2).
SB115,13,25 22(5) No eligible candidate and no person acting on an eligible candidate's behalf
23may deposit in the candidate's campaign depository account any contribution unless
24the information pertaining to that contribution required under sub. (3) has first been
25recorded by the candidate.
SB115,14,4
1(6) No eligible candidate may accept more than $25 in cash from any
2contributor and no such candidate may accept cash from all sources in a total amount
3greater than one-tenth of 1% of the public financing benefit for the office of justice
4or $500, whichever is greater.
SB115,14,7 511.507 Personal funds of candidates. (1) The personal funds of a candidate
6contributed as seed money contributions may not exceed an aggregate amount of
7$5,000.
SB115,14,10 8(2) No eligible candidate may make any disbursement derived from personal
9funds after the close of the public financing qualifying period, except for a purpose
10authorized under s. 11.506 (1m).
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