AB825: Bill Text

AB825,14,3 11.12 (6) (a) Except as otherwise provided in this paragraph, if any individual or committee incurs one or more obligations or makes one or more disbursements in an amount exceeding $250 cumulatively to advocate the election or defeat of a clearly identified candidate 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 after incurring the obligation or making the disbursement, inform the appropriate filing officer. The report shall include the information required under s. 11.06 (1) and shall be made in such manner as the board may prescribe. For purposes of this paragraph, 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 paragraph, 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 is made. This paragraph does not apply to disbursements or obligations required to be reported under par. (am) or to an individual or committee that is required to file daily reports under s. 11.21 (16). This paragraph does not apply to any disbursement that is required to be reported as an independent expenditure under par. (b).

AB825, s. 24 Section 24. 11.12 (6) (b) of the statutes is created to read:

AB825,14,9 11.12 (6) (b) 1. If any person makes an independent expenditure or incurs an obligation to make an independent expenditure, the person shall, within 24 hours of making the independent expenditure or incurring the obligation to make the independent expenditure, report to the board the information required under this paragraph in such manner as the board may prescribe.

AB825,14,10 2. Each report under this paragraph shall contain the following information:

AB825,14,12 a. The name of each candidate who is identified in each communication financed with the independent expenditure or obligation.

AB825,14,14 b. A statement as to whether the communication is intended to support or oppose that candidate.

AB825,14,17 c. The total amount or value of the independent expenditure or obligation and the cumulative independent expenditures made and obligations to make independent expenditures incurred by the person with respect to that election.

AB825,14,23 3. If the person is a registrant, the person shall also include the information reported under subd. 2. in the next regular report of the person under s. 11.20. Upon receipt of a report under this paragraph, the board 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 independent expenditure or obligation identified in the report is made.

AB825, s. 25 Section 25. 11.12 (8) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB825, s. 26 Section 26. 11.16 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB825,15,8 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 donate the contribution to the common school fund or to a charitable organization, in the event that the donor cannot be identified.

AB825, s. 27 Section 27. 11.16 (5) of the statutes is amended to read:

AB825,15,24 11.16 (5) Escrow agreements. Any personal campaign committee, 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).

AB825, s. 28 Section 28 . 11.16 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB825,16,16 11.16 (5) Escrow agreements. Any personal campaign committee or political party 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) 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).

AB825, s. 29 Section 29. 11.19 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB825,17,10 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, 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 and, if the registrant files reports under s. 11.21 (16), no later than the times specified in s. 11.21 (16). This subsection does not apply to any registrant making an indication under s. 11.06 (2m).

AB825, s. 30 Section 30. 11.20 (8) (am) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB825, s. 31 Section 31. 11.21 (15) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed.

AB825, s. 32 Section 32. 11.23 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB825,17,20 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, at the option of the treasurer.

AB825, s. 33 Section 33. 11.24 (1w) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB825, s. 34 Section 34. 11.26 (1m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB825, s. 35 Section 35. 11.26 (1t) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB825, s. 36 Section 36. 11.26 (2) (a) of the statutes is amended to read:

AB825,18,7 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).

AB825, s. 37 Section 37. 11.26 (2m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB825, s. 38 Section 38. 11.26 (2t) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB825, s. 39 Section 39. 11.26 (8n) (b) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB825,18,23 11.26 (8n) (b) A political party that receives and accepts a contribution under par. (a) shall maintain 2 segregated accounts, one designated as a "Section 11.26 (8n) Senate Account" and one designated as a "Section 11.26 (8n) Assembly Account." The political party shall deposit one-half of each contribution received and accepted under par. (a) in each account. Contributions deposited in the senate account may be disbursed only for the purpose of making contributions to candidates for the office of state senator that the candidates are authorized to receive and accept under sub. (9). Contributions deposited in the assembly account may be disbursed only for the purpose of making contributions to candidates for the office of representative to the assembly that the candidates are authorized to receive and accept under sub. (9).

AB825, s. 40 Section 40. 11.26 (9) (a) of the statutes is amended to read:

AB825,19,6 11.26 (9) (a) No individual who is a candidate for state or local office may receive and accept more than 65% of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided 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 and legislative campaign committees.

AB825, s. 41 Section 41 . 11.26 (9) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is renumbered 11.26 (9) and amended to read:

AB825,19,14 11.26 (9) Except as provided in sub. (9m), No individual who is a candidate for state or local office may receive and accept more than 65% of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided 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, except as follows: .

AB825, s. 42 Section 42. 11.26 (9) (a) 1. to 4. of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

AB825, s. 43 Section 43. 11.26 (9) (am) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB825, s. 44 Section 44. 11.26 (9) (b) of the statutes is amended to read:

AB825,19,25 11.26 (9) (b) No individual who is a candidate for state or local office may receive and accept more than 45% of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided 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.

AB825, s. 45 Section 45. 11.26 (9) (c) of the statutes is repealed.

AB825, s. 46 Section 46. 11.26 (9m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB825, s. 47 Section 47. 11.26 (10) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed.

AB825, s. 48 Section 48. 11.26 (10a) (b) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB825,20,24 11.26 (10a) (b) The dollar amounts of the limitations under subs. (1), (2), (4), (8), and (8n) are 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, in each year that the adjustment is made, calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for calendar year 2003. Beginning in 2006 and every 2 years thereafter, the board shall multiply the amount of each limitation under subs. (1), (2), (4), (8), and (8n) by the percentage difference in the consumer price indexes. The board shall then add that product to the applicable limitation under subs. (1), (2), (4), (8), and (8n), round each sum to the nearest multiple of $5, and adjust the amount of each limitation to substitute the resulting amount. 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.

AB825, s. 49 Section 49. 11.26 (13) of the statutes is repealed.

AB825, s. 50 Section 50. 11.26 (17) (a) of the statutes is amended to read:

AB825,21,4 11.26 (17) (a) For purposes of application of the limitations imposed in subs. (1), (2), and (9) and (10), the "campaign" of a candidate begins and ends at the times specified in this subsection.

AB825, s. 51 Section 51 . 11.26 (17) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB825,21,8 11.26 (17) (a) For purposes of application of subs. (1), (2), and (9), the "campaign" of a candidate begins and ends at the times specified in this subsection.

AB825, s. 52 Section 52. 11.31 (title) of the statutes is amended to read:

AB825,21,10 11.31 (title) Disbursement levels and limitations; calculation.

AB825, s. 53 Section 53. 11.31 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB825,21,17 11.31 (1) Schedule. (intro.) The following levels of disbursements are established with reference to the candidates listed below. The levels are subject to adjustment under sub. (9). The levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.

AB825, s. 54 Section 54. 11.31 (2) and (2m) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed.

AB825, s. 55 Section 55. 11.31 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed.

AB825, s. 56 Section 56. 11.31 (3m) of the statutes is repealed.

AB825, s. 57 Section 57. 11.31 (3p) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB825, s. 58 Section 58. 11.31 (4) of the statutes is amended to read:

AB825,22,9 11.31 (4) Allocation. Except as provided in sub. (3m), whenever Whenever a separate disbursement level is specified for a primary and election under sub. (1), a candidate who disburses less than the authorized level in the primary may not reallocate the balance to increase the level in the election. Whenever a separate disbursement level is not specified for a primary and election under sub. (1), a candidate may allocate disbursements between the primary and election campaign within the total level of disbursements specified in sub. (1) in any proportion desired, and may carry over unexpended contributions from a primary campaign to an election campaign.

AB825, s. 59 Section 59. 11.31 (6) of the statutes is repealed.

AB825, s. 60 Section 60. 11.31 (7) (b) of the statutes is amended to read:

AB825,22,14 11.31 (7) (b) Disbursements which are made before a campaign period for goods to be delivered or services to be rendered in connection with the campaign are charged against the disbursement limitation level for that campaign.

AB825, s. 61 Section 61. 11.31 (7) (c) of the statutes is amended to read:

AB825,22,18 11.31 (7) (c) Disbursements which are made after a campaign to retire a debt incurred in relation to a campaign are charged against the disbursement limitation level for that campaign.

AB825, s. 62 Section 62. 11.31 (8) of the statutes is amended to read:

AB825,22,24 11.31 (8) Certain contributions excluded. The limitations imposed levels specified under this section do not apply to a gift of anything of value constituting a contribution made directly to a registrant by another, but the limitations levels shall apply to such gift when it is received and accepted by the recipient or, if received in the form of money, when disbursed.

AB825, s. 63 Section 63. 11.31 (9) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB825,23,6 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 U.S. department of labor.

AB825,23,21 (b) The dollar amounts of the levels specified in sub. (1) are subject to a biennial adjustment to be determined by rule of the board in accordance with this paragraph. To determine the adjustment, the board shall, in each year that the adjustment is made, calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for calendar year 2005. For each biennium, the board shall multiply the amount of each level specified under sub. (1) by the percentage difference in the consumer price indexes. The board shall then add that product to the applicable level under sub. (1), round each sum to the nearest multiple of $5, and adjust the amount of each level to substitute the resulting amount. The amount so determined shall then be in effect until a subsequent rule is promulgated under this paragraph. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this paragraph 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.

AB825, s. 64 Section 64. 11.31 (10) of the statutes is amended to read:

AB825,24,2 11.31 (10) Surplus materials excluded. Disbursements constituting surplus materials acquired in connection with a previous campaign of a candidate are not subject to limitation by included in the levels specified in this section, if the materials were previously reported as a disbursement by that candidate.

AB825, s. 65 Section 65. 11.38 (6) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB825,24,8 11.38 (6) Any individual or campaign treasurer who receives funds in violation of this section shall promptly return such funds to the contributor, or donate the funds to the common school fund or a charitable organization, at the individual's or treasurer's option.

AB825, s. 66 Section 66. 11.50 of the statutes, as affected by 2001 Wisconsin Act 109, is repealed.

AB825, s. 67 Section 67. 11.51 of the statutes is created to read:

AB825,24,16 11.51 Clean elections fund grants. (1) Any candidate for a state office other than the office of court of appeals judge, circuit judge, or district attorney whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at an election may qualify to receive a grant from the clean elections fund by fulfilling the requirements of this section.

AB825,24,24 (2) (a) In order to qualify to receive a grant from the clean elections fund, a candidate shall obtain and deposit with the state treasurer the number of qualifying contributions specified in this subsection, in the amount of $5 each, each of which shall be received from an elector of this state and, in the case of a candidate for legislative office, an elector of the district in which the candidate seeks office. The name and address of each elector making a qualifying contribution shall be identified in a report filed with the board as provided in s. 11.06 (1) (a). The number of required qualifying contributions for a candidate for each office is:

AB825,24,25 1. Governor, 3,000.

AB825,25,1 2. Lieutenant governor, 750.

AB825,25,2 3. Attorney general, 1,050.

AB825,25,3 4. State treasurer, 375.

AB825,25,4 5. Secretary of state, 375.

AB825,25,5 6. State superintendent, 375.

AB825,25,6 7. Justice, 450.

AB825,25,7 8. State senator, 150.

AB825,25,8 9. Representative to the assembly, 100.

AB825,25,13 (b) In addition to the requirements imposed under par. (a), a candidate does not qualify to receive a grant for a general or partisan special election unless the candidate receives at least one percent of the total vote cast for all candidates on all ballots for the same office at the September primary, or at a special primary if a special primary is held.

AB825,25,21 (3) Prior to notification that a candidate has qualified to receive a grant from the clean elections fund under sub. (7), a candidate may accept seed money contributions from individuals. The total seed money contributions accepted by a candidate from one contributor, including any seed money contributions made by a candidate to his or her own campaign, may not exceed $100. The total seed money contributions accepted by a candidate during the candidate's campaign, as defined in s. 11.26 (17), may not exceed, in the aggregate, the following amount for the office sought by candidate:

AB825,25,22 (a) Governor, $50,000.

AB825,25,23 (b) Lieutenant governor, $12,500.