SB62: Bill Text

SB62, s. 104 Section 104. 11.50 (2) (b) 5. of the statutes is amended to read:

SB62,55,12 11.50 (2) (b) 5. 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 an amount equal to at least the amount provided in this subdivision 5% of the applicable authorized disbursement limitation, as determined under s. 11.31 (1) and adjusted under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m), from contributions of money, other than loans, made by individuals who reside in this state and, in the case of a candidate for legislative office, by individuals at least 50% of whom reside in a county having territory within the legislative district in which the candidate seeks office, which contributions 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 at a special election, which contributions are in the aggregate amount of $100 or less, and which contributions 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. 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.

SB62, s. 105 Section 105. 11.50 (2) (c) of the statutes is amended to read:

SB62,56,2 11.50 (2) (c) If a candidate has not filed financial reports as of the date of the spring primary, September primary, special primary, or date that the special primary would be held, if required, which indicate that he or she has met the qualification under par. (b) 5., the candidate may file a special report with the board. Such report shall be filed not later than the 7th day after the primary, or 7th day after the date the primary would be held, if required, and shall include such supplementary information as to sources of contributions which may be necessary to complete the candidate's qualification. The special report shall cover the period from the day after the last date covered on the candidate's most recent report, or from the date on which the first contribution was received or the first disbursement was made, whichever is earlier, if the candidate has not previously filed a report, to the date of such report. All information included on the special report shall also be included in the candidate's next report under s. 11.20. This paragraph does not apply to a candidate who files reports under s. 11.21 (16).

SB62, s. 106 Section 106. 11.50 (2) (g) of the statutes is amended to read:

SB62,56,11 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 of that candidate 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.

SB62, s. 107 Section 107. 11.50 (2) (h) of the statutes is repealed.

SB62, s. 108 Section 108. 11.50 (2) (i) of the statutes is repealed.

SB62, s. 109 Section 109. 11.50 (2) (j) of the statutes is created to read:

SB62,56,24 11.50 (2) (j) If a candidate who desires to apply for a grant has accepted, or the candidate's personal campaign committee has accepted, a contribution from a committee other than a political party committee during the campaign for the office that the candidate seeks, the candidate shall, before filing an application to receive a grant, return the contribution or its monetary equivalent to the contributor, or, at the contributor's option, donate an amount equal to the contribution to the fund or to the common school fund. If the board later determines that the candidate is ineligible to receive a grant, the candidate may then accept contributions from committees other than political party committees after the date of that determination.

SB62, s. 110 Section 110. 11.50 (2m) of the statutes is created to read:

SB62,57,5 11.50 (2m) Public Information. (a) Annually, no later than September 1, the board may notify the state treasurer that an amount not exceeding 5% of the amount transferred to the fund in that year shall be placed in a public information account. Moneys in this account shall be expended by the board for the purpose of providing public information concerning the purpose and effect of this section and s. 71.10 (3).

SB62,57,8 (b) As part of the public information program under par. (a), the board shall prepare an easily understood description of the purpose and effect of this section and s. 71.10 (3).

SB62,57,10 (c) Any amount placed in the public information account that is not expended by the board in any year shall be retained in that account.

SB62, s. 111 Section 111. 11.50 (2s) of the statutes is created to read:

SB62,57,14 11.50 (2s) Political party accounts. (a) There is established a political party account for each eligible political party. Each political party account consists of all moneys designated by individuals for deposit in that account under s. 71.10 (3) (a).

SB62,57,20 (b) From the account of each eligible political party, the board shall apportion moneys to eligible candidates representing that party who qualify to receive grants. 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.

SB62,57,23 (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.

SB62, s. 112 Section 112. 11.50 (2w) of the statutes is created to read:

SB62,58,3 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).

SB62, s. 113 Section 113. 11.50 (3) of the statutes is repealed.

SB62, s. 114 Section 114. 11.50 (4) of the statutes is repealed and recreated to read:

SB62,58,13 11.50 (4) 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. If there are insufficient moneys in the general account to make full payment of a grant, the state treasurer shall supplement the general account from the appropriation under s. 20.855 (4) (ba) in an amount sufficient to make full payment of the grant. Except as provided in sub. (10), the amount of each grant is the amount specified in sub. (9).

SB62, s. 115 Section 115. 11.50 (5) of the statutes is amended to read:

SB62,58,24 11.50 (5) Time of disbursement. The state treasurer shall make the disbursements of grants under sub. (9) (a) 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). If an eligible candidate notifies the state treasurer of the information required to make electronic transfers to the candidate's campaign depository account, the state treasurer shall transfer to the candidate any supplemental grants under sub. (9) (b) or (ba) for which the candidate qualifies immediately 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.

SB62, s. 116 Section 116. 11.50 (6) of the statutes is amended to read:

SB62,59,4 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.

SB62, s. 117 Section 117. 11.50 (7) of the statutes is renumbered 11.50 (7) (a).

SB62, s. 118 Section 118. 11.50 (7) (bm) of the statutes is created to read:

SB62,59,9 11.50 (7) (bm) If a grant is used to purchase an advertisement from a broadcast communications medium, the advertisement may not include any voice other than the voice of the eligible candidate to whom the grant is provided.

SB62, s. 119 Section 119. 11.50 (9) (title) of the statutes is amended to read:

SB62,59,11 11.50 (9) (title) Limitation on Amount of grants.

SB62, s. 120 Section 120. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) (intro.) and amended to read:

SB62,59,25 11.50 (9) (a) (intro.) The Except as provided in pars. (b) and (ba), the total grant available to an eligible candidate may not exceed an amount equal to the lesser of the percentage specified in this paragraph or that amount which, when added to all other contributions accepted from sources other than individuals, political party committees and legislative campaign committees by the candidate, is equal to 45% the disbursement level specified for the applicable office, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m). 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. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection. The percentage is:

SB62, s. 121 Section 121. 11.50 (9) (a) 1. and 2. of the statutes are created to read:

SB62,60,3 11.50 (9) (a) 1. For an eligible candidate for the office of justice or the office of state superintendent, 75% of the disbursement limitation.

SB62,60,5 2. For an eligible candidate for any other state office, 45% of the disbursement limitation.

SB62, s. 122 Section 122. 11.50 (9) (b) and (ba) of the statutes are created to read:

SB62,60,20 11.50 (9) (b) If an eligible candidate who accepts a grant is opposed by one or more candidates whose names are certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot, and if a committee identified under s. 11.05 (3) (c) makes any disbursement for the purpose of opposing the election of the eligible candidate who accepts a grant or for the purpose of supporting a certified opponent of that candidate without cooperation or consultation with any certified opposing candidate or such a candidate's agent or authorized committee, and not in concert with, or at the request or suggestion of any certified opposing candidate's agent or authorized committee, then the board shall make an additional grant to the eligible candidate who accepts a grant in an amount equal to the total amount or value of disbursements made for the purpose of supporting the election of the certified opposing candidate or for the purpose of opposing the election of the eligible candidate who accepts the grant, exceeding 10% of the disbursement limitation for the office that the eligible candidate seeks as reported by committees under s. 11.12 (6) (c).

SB62,61,2 (ba) If an eligible candidate who accepts a grant is opposed by one or more candidates who are required, or whose personal campaign committees are required, to file a report under s. 11.12 (8), then the board shall make an additional grant to the eligible candidate who accepts a grant in an amount equal to the total amount or value of disbursements made by the opposing candidate or candidates exceeding the amount specified under s. 11.31 (1) (a) to (de), (e), or (f) for the office which the candidate seeks, as reported by the opposing candidate under s. 11.12 (8).

SB62, s. 123 Section 123. 11.50 (11) (e) of the statutes is amended to read:

SB62,61,7 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 required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h) or (i).

SB62, s. 124 Section 124. 11.50 (14) of the statutes is created to read:

SB62,61,10 11.50 (14) Certifications to secretary of revenue. (a) In each even-numbered year, the board shall certify to the secretary of revenue:

SB62,61,14 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).

SB62,61,17 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.

SB62,61,21 (b) As soon as possible after receiving a valid application from an eligible candidate under sub. (2) (a) and determining that the candidate is eligible to receive a grant, the board shall certify to the secretary of revenue the full name of that candidate as the name appears on the candidate's nomination papers.

SB62,61,23 (c) In each certification under this subsection, the board shall specify the expiration date of the certification.

SB62, s. 125 Section 125. 11.60 (4) of the statutes is amended to read:

SB62,62,17 11.60 (4) Actions under this section arising out of an election for state office or a statewide referendum may be brought by the board or by the district attorney of the county where the violation is alleged to have occurred, except as specified in s. 11.38. Actions under this section arising out of an election for local office or local referendum may be brought by the district attorney of the county where the violation is alleged to have occurred. Actions under this section arising out of an election for county office or a county referendum may be brought by the county board of election commissioners of the county wherein the violation is alleged to have occurred. In addition, whenever a candidate or personal campaign committee or agent of a candidate is alleged to have violated this chapter, action may be brought by the district attorney of any county any part of which is contained within the jurisdiction or district in which the candidate seeks election. If a violation concerns a district attorney or circuit judge or candidate for such offices, the action shall be brought by the attorney general. If a violation concerns the attorney general or a candidate for such office, the governor may appoint special counsel under s. 14.11 (2) to bring suit in behalf of the state. The counsel shall be independent of the attorney general and need not be a state employe at the time of appointment.

SB62, s. 126 Section 126. 11.61 (1) (a) of the statutes is amended to read:

SB62,62,21 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), or (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 or imprisoned for not more than 4 years and 6 months or both.

SB62, s. 127 Section 127. 13.625 (1) (b) 3. of the statutes is amended to read:

SB62,63,2 13.625 (1) (b) 3. Food, meals, beverages, money or any other thing of pecuniary value, except that a lobbyist may make a campaign contribution to a partisan elective state official or candidate for national, state or local office or to the official's or candidate's personal campaign committee; but a lobbyist may make a contribution to which par. (c) applies only as authorized in par. (c).

SB62, s. 128 Section 128. 13.625 (1) (c) (intro.) of the statutes is renumbered 13.625 (1) (c) and amended to read:

SB62,63,16 13.625 (1) (c) Except as permitted in this subsection, make Make a campaign contribution, as defined in s. 11.01 (6), to a partisan elective state official for the purpose of promoting the official's election to any national, state or local office, or to a candidate for a partisan elective state office to be filled at the general election or a special election, or the official's or candidate's personal campaign committee. A campaign contribution to a partisan elective state official or candidate for partisan elective state office or his or her personal campaign committee may be made in the year of a candidate's election between June 1 and the day of the general election, except that: a lobbyist may make a campaign contribution to a candidate for a partisan elective state office, or to the personal campaign committee of such a candidate, if the candidate seeks office in the jurisdiction or district where the lobbyist resides.

SB62, s. 129 Section 129. 13.625 (1) (c) 1. and 2. of the statutes are repealed.

SB62, s. 130 Section 130. 13.625 (2) of the statutes is amended to read:

SB62,64,3 13.625 (2) No principal may engage in the practices prohibited under sub. (1) (b) and (c) except that a principal may make a campaign contribution, as defined in s. 11.01 (6), to a partisan elective state official or candidate for partisan elective state office or his or her personal campaign committee in the year of an official's or candidate's election between June 1 and the day of the general election unless, in the case of a member of the legislature or candidate for legislative office, the legislature has not concluded its final floorperiod or is in special or extraordinary session. This subsection does not apply to the furnishing of transportation, lodging, food, meals, beverages or any other thing of pecuniary value which is also made available to the general public.

SB62, s. 131 Section 131. 13.625 (3m) of the statutes is created to read:

SB62,64,8 13.625 (3m) No member of the legislature and no personal campaign committee of a member of the legislature may solicit a lobbyist or principal to arrange for another person to make a campaign contribution to that member or personal campaign committee.

SB62, s. 132 Section 132. 13.625 (6) of the statutes is amended to read:

SB62,64,19 13.625 (6) Subsections (1) (b) and (c), (2) and (3) do not apply to the furnishing of anything of pecuniary value by an individual who is a lobbyist or principal to a relative of the individual or an individual who resides in the same household as the individual, nor to the receipt of anything of pecuniary value by that relative or individual residing in the same household as the individual. Subsections (1) (b), (2) and (3) do not apply to the furnishing of anything of pecuniary value, except a campaign contribution, as defined in s. 11.01 (6), by a lobbyist to a relative of the lobbyist or an individual who resides in the same household as the lobbyist, nor to the receipt of any such thing by that relative or individual residing in the same household as the individual.

SB62, s. 133 Section 133. 15.61 of the statutes is amended to read:

SB62,65,3 15.61 Elections board; creation. There is created an elections board consisting of persons who shall be appointed by the governor for 2-year terms as follows: one member selected by the governor; one member each designated by the chief justice of the supreme court, the speaker of the assembly, the senate majority leader, the minority leader in each house of the legislature, and the chief officer of each political party qualifying that qualified for a separate ballot under s. 5.62 (1) (b) or (2) whose candidate for governor received at least 10% of the vote in the most recent gubernatorial preceding September primary election.

SB62, s. 134 Section 134. 20.510 (1) (q) of the statutes is amended to read:

SB62,65,9 20.510 (1) (q) Wisconsin election campaign fund. As a continuing appropriation, from the Wisconsin election campaign fund, the moneys determined under s. 11.50 to provide for payments to eligible candidates whose names are certified under s. 7.08 (2) (c) and (cm) and to provide for public information as authorized under s. 11.50 (2m).

SB62, s. 135 Section 135. 20.855 (4) (ba) of the statutes is created to read:

SB62,65,15 20.855 (4) (ba) Wisconsin election campaign fund supplement. A sum sufficient equal to the amounts required to make full payment of grants which candidates qualify to receive from the Wisconsin election campaign fund, to be transferred from the general fund to the Wisconsin election campaign fund no later than the time required to make payments of grants under s. 11.50 (5).

SB62, s. 136 Section 136. 25.42 of the statutes is amended to read:

SB62,65,23 25.42 Wisconsin election campaign fund. All moneys appropriated under s. 20.855 (4) (b) and (ba) together with all moneys deposited under ss. 8.35 (4) (a), 11.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), (1m) and (6), 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.

SB62, s. 137 Section 137. 71.05 (6) (a) 21. of the statutes is created to read:

SB62,66,3 71.05 (6) (a) 21. Any amount deducted under section 162 (e) (1) of the Internal Revenue Code because of the exception contained in section 162 (e) (5) of the Internal Revenue Code.

SB62, s. 138 Section 138. 71.07 (5) (a) 9. of the statutes is created to read:

SB62,66,7 71.07 (5) (a) 9. Expenses under section 162 (e) (1) of the Internal Revenue Code that are deductible because of the exception contained in section 162 (e) (5) of the Internal Revenue Code.

SB62, s. 139 Section 139. 71.07 (6n) of the statutes is created to read:

SB62,66,10 71.07 (6n) Campaign contribution tax credit. (a) Definitions. In this subsection:

SB62,66,13 1. "Candidate" means a candidate, as defined in s. 11.01 (1), for state office who files an application under s. 11.50 (2) for a grant from the Wisconsin election campaign fund that has been accepted by the elections board.

SB62,66,16 2. "Claimant" means an individual who makes a contribution to a candidate and who resides within the same electoral district as the candidate to whom that contribution is made.

SB62,66,19 3. "Contribution" means a contribution, as defined in s. 11.01 (6), made to a candidate or political party committee by an individual for which the individual receives a receipt on a form prescribed by the department.

SB62,66,20 4. "Department" means the department of revenue.

SB62,66,22 5. "Electoral district" means the geographical area that constitutes the jurisdiction of the office that a candidate seeks.

SB62,67,2 6. "Political party committee" means a state or county committee of a political party, as defined in s. 5.02 (13), that on the first day of the taxable year in which a contribution is made is a recognized political party as defined in s. 5.02 (16m) and is registered with the elections board under s. 11.05 (1).

SB62,67,3 7. "State office" has the meaning given in s. 5.02 (23).

SB62,67,8 (b) Filing claims. Subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.02, up to the amount of those taxes, an amount equal to the claimant's contribution not exceeding $50 for each candidate to whom or political party committee to which the claimant makes a contribution.

SB62,67,10 (c) Limitation. The total amount of the credits under this subsection shall not exceed $100 in a taxable year for each claimant.

SB62,67,12 (d) Time period. No credit may be allowed under this subsection unless it is claimed within the time period under s. 71.75 (2).

SB62,67,14 (e) Administration. 1. Subsection (9e) (d), to the extent that it applies to the credit under that subsection, applies to the credit under this subsection.

SB62,67,17 2. The department shall create and make available to candidates a form to be used by candidates and political party committees in issuing receipts for contributions.