SB12: Bill Text

SB12,76,3 (b) If an eligible candidate who accepts a grant is opposed by one or more candidates in a general or special election whose names are certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot, and if a committee receives any contribution or contributions that are intended to be used or that are used to oppose the election of the eligible candidate who accepts a grant or to support 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 of contributions received for the purpose of advocating the election of the certified opposing candidate or for the purpose of opposing the election of the eligible candidate who accepts the grant, as reported by committees under s. 11.12 (6) (c).

SB12,76,12 (ba) If an eligible candidate at a primary or election, or both, 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, as reported under s. 11.12 (8), 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 adjusted under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (1m).

SB12,76,23 (bb) If the sum of the aggregate obligations incurred and disbursements made by committees against an eligible candidate and the aggregate obligations incurred and disbursements made by committees for that candidate's opponent, as reported under s. 11.12 (6) (c), less disbursements made in payment of obligations previously reported, exceeds 10% of the amount specified under s. 11.31 (1) (a) to (de), (e), or (f), for the office that the eligible candidate seeks as adjusted under s. 11.31 (9), but without respect to any adjustment under s. 11.31 (1m), then the board shall make an additional grant to the eligible candidate equal to that sum, to the extent that the sum exceeds the amount of any additional grant under par. (b) attributable to contributions received by the committees incurring the obligations or making the disbursements.

SB12, s. 158 Section 158. 11.50 (10) of the statutes is created to read:

SB12,77,3 11.50 (10) Voluntary limitation. Any eligible candidate may, by written request, limit his or her participation in the fund to a lesser amount than that authorized under sub. (9).

SB12, s. 159 Section 159. 11.50 (10m) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB12,77,12 11.50 (10m) Return of grants. An individual who receives a grant prior to an election in which he or she is a candidate and who desires to return any portion of the grant shall return that portion no later than the 2nd Tuesday in October preceding a general election, the 4th Tuesday preceding a spring election, or the 3rd Tuesday preceding a special election. A candidate who returns all or any portion of a grant under this subsection remains bound by the candidate's statement filed under sub. (2) (a).

SB12, s. 160 Section 160. 11.50 (11) (a) of the statutes is amended to read:

SB12,77,15 11.50 (11) (a) No Except as authorized for candidates who are awarded grants under sub. (4m), no grant may be utilized in any primary.

SB12, s. 161 Section 161. 11.50 (11) (e) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB12,77,20 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.

SB12, s. 162 Section 162. 11.50 (14) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB12,77,24 11.50 (14) Certifications to secretary of revenue. (a) In each even-numbered year, the board shall certify to the secretary of revenue:

SB12,78,4 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).

SB12,78,7 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.

SB12,78,11 (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.

SB12,78,13 (c) In each certification under this subsection, the board shall specify the expiration date of the certification.

SB12, s. 163 Section 163. 11.60 (3r) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB12, s. 164 Section 164. 11.60 (3s) and (3t) of the statutes are created to read:

SB12,79,2 11.60 (3s) Notwithstanding sub. (1), if any candidate or committee, other than a conduit, accepts a contribution, makes a disbursement, or incurs an obligation to make a disbursement for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (de), (e), or (f) without first registering under s. 11.05 (1), (2), or (2g) to the extent required under s. 11.05 (1), (2), and (2g), or without reporting the information required under s. 11.12 (6) (c) or (8) or 11.20 (3) or (4) with respect to that contribution, disbursement, or obligation, to the extent required under ss. 11.12 (6) (c) and (8) and 11.20 (3) and (4), the candidate or other individual or committee may be required to forfeit not more than $500 per day for each day of continued violation.

SB12,79,8 (3t) Notwithstanding sub. (1), if any candidate or committee, other than a conduit, accepts one or more contributions, makes one or more disbursements, or incurs one or more obligations to make disbursements for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (de), (e), or (f) in an amount or value that differs from the amount reported by that individual or committee under s. 11.12 (6) (c) or (8) or 11.20 (3) or (4):

SB12,79,11 (a) By more than 5% but not more than 10% cumulatively, the candidate or other individual or committee shall forfeit 4 times the amount or value of the difference.

SB12,79,14 (b) By more than 10% but not more than 15% cumulatively, the candidate or other individual or committee shall forfeit 6 times the amount or value of the difference.

SB12,79,16 (c) By more than 15% cumulatively, the candidate or other individual or committee shall forfeit 8 times the amount of the difference.

SB12, s. 165 Section 165. 11.60 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB12,80,10 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.

SB12, s. 166 Section 166. 11.61 (1) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB12,80,14 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), or (2g), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6), or 11.24 is guilty of a Class I felony.

SB12, s. 167 Section 167. 13.625 (3m) of the statutes is created to read:

SB12,80,20 13.625 (3m) No elective state official and no personal campaign committee of an elective state official may solicit a lobbyist or principal to arrange for another person to make a campaign contribution to that official or personal campaign committee or to another elective state official or the personal campaign committee of that official.

SB12, s. 168 Section 168. 19.42 (3m), (4g) and (4r) of the statutes, as created by 2001 Wisconsin Act 109, are repealed and recreated to read:

SB12,80,24 19.42 (3m) "Candidate," except as otherwise provided, has the meaning given in s. 11.01 (1).

SB12,81,2 (4g) "Clearly identified," when used in reference to a communication containing a reference to a person, means one of the following:

SB12,81,3 (a) The person's name appears.

SB12,81,4 (b) A photograph or drawing of the person appears.

SB12,81,5 (c) The identity of the person is apparent by unambiguous reference.

SB12,81,10 (4r) "Communication" means a message transmitted by means of a printed advertisement, billboard, handbill, sample ballot, radio or television advertisement, telephone call, or any medium that may be utilized for the purpose of disseminating or broadcasting a message, but not including a poll conducted solely for the purpose of identifying or collecting data concerning the attitudes or preferences of electors.

SB12, s. 169 Section 169. 19.45 (13) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB12,81,22 19.45 (13) No state public official holding an elective office may, directly or by means of an agent, give, or offer or promise to give, or withhold, or offer or promise to withhold, his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a political contribution, or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any other person who is subject to a registration requirement under s. 11.05, or any person making a communication that contains a reference to a clearly identified state public official holding an elective office or to a candidate for state public office.

SB12, s. 170 Section 170. 19.49 (1m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB12,82,5 19.49 (1m) No complaint alleging a violation of s. 19.45 (13) may be filed during the period beginning 120 days before a general or spring election, or during the period commencing on the date of the order of a special election under s. 8.50, and ending on the date of that election, against a candidate who files a declaration of candidacy to have his or her name appear on the ballot at that election.

SB12, s. 171 Section 171. 19.49 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB12,82,10 19.49 (5) (a) Except as provided in par. (b), no action may be taken on any complaint that is filed later than 3 years after a violation of this subchapter or subch. III of ch. 13 is alleged to have occurred.

SB12,82,13 (b) The period of limitation under par. (a) is tolled for a complaint alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such a complaint may not be filed under s. 19.49 (1m) or 19.59 (8) (cm).

SB12, s. 172 Section 172. 19.53 (6) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB12,83,6 19.53 (6) An order requiring the accused to forfeit not more than $500 for each violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each violation of any other provision of this subchapter, or not more than the applicable amount specified in s. 13.69 for each violation of subch. III of ch. 13. If the board determines that the accused has realized economic gain as a result of the violation, the board may, in addition, order the accused to forfeit the amount gained as a result of the violation. In addition, if the board determines that a state public official has violated s. 19.45 (13), the board may order the official to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained. If the board determines that a state public official has violated s. 19.45 (13) and no political contribution, service, or other thing of value was obtained, the board may order the official to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater. The attorney general, when so requested by the board, shall institute proceedings to recover any forfeiture incurred under this section or s. 19.545 which is not paid by the person against whom it is assessed.

SB12, s. 173 Section 173. 19.535 of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB12,83,18 19.535 Direct enforcement. If the board refuses or otherwise fails to authorize an investigation under s. 19.49 (3) with respect to a violation of s. 19.45 (13) within 30 days after receiving a verified complaint alleging a violation of s. 19.45 (13), the person making the complaint may bring an action to recover the forfeiture under s. 19.53 (6) on his or her relation in the name, and on behalf, of the state. In such actions, the court may award actual and necessary costs of prosecution, including reasonable attorney fees, to the relator if he or she prevails, but any forfeiture recovered shall be paid to the state. If the court finds in any such action that the cause of action was frivolous as provided in s. 814.025, the court shall award costs and fees to the defendant under that section.

SB12, s. 174 Section 174. 19.59 (1) (br) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB12,84,5 19.59 (1) (br) No local public official holding an elective office may, directly or by means of an agent, give, or offer or promise to give, or withhold, or offer or promise to withhold, his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a political contribution, or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any other person who is subject to a registration requirement under s. 11.05, or any person making a communication that contains a reference to a clearly identified local public official holding an elective office or to a candidate for local public office.

SB12, s. 175 Section 175. 19.59 (7) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB12,84,12 19.59 (7) (a) Any person who violates sub. (1) may be required to forfeit not more than $1,000 for each violation, and, if the court determines that the accused has violated sub. (1) (br), the court may, in addition, order the accused to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained.

SB12,84,18 (b) Any person who violates sub. (1) may be required to forfeit not more than $1,000 for each violation, and, if the court determines that a local public official has violated sub. (1) (br) and no political contribution, service, or other thing of value was obtained, the court may, in addition, order the accused to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater.

SB12, s. 176 Section 176. 19.59 (8) (c) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB12,84,25 19.59 (8) (c) If the district attorney fails to commence an action to enforce sub. (1) (a), (b), or (c) to (g) within 20 days after receiving a verified complaint or if the district attorney refuses to commence such an action, the person making the complaint may petition the attorney general to act upon the complaint. The attorney general may then bring an action under par. (a) or (b), or both.

SB12, s. 177 Section 177. 19.59 (8) (cm) and (cn) of the statutes, as created by 2001 Wisconsin Act 109, are repealed and recreated to read:

SB12,85,7 19.59 (8) (cm) No complaint alleging a violation of sub. (1) (br) may be filed during the period beginning 120 days before a general or spring election, or during the period commencing on the date of the order of a special election under s. 8.50, and ending on the date of that election, against a candidate who files a declaration of candidacy to have his or her name appear on the ballot at that election.

SB12,85,16 (cn) If the district attorney refuses or otherwise fails to commence an action to enforce sub. (1) (br) within 30 days after receiving a verified complaint alleging a violation of sub. (1) (br), the person making the complaint may bring an action to recover the forfeiture under sub. (7) on his of her relation in the name, and on behalf, of the state. In such actions, the court may award actual and necessary costs of prosecution, including reasonable attorney fees, to the relator if her or she prevails, but any forfeiture recovered shall be paid to the state. If the court finds in any such action that the cause of action was frivolous as provided in s. 814.025, the court shall award costs and fees to the defendant under that section.

SB12, s. 178 Section 178. 20.510 (1) (q) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB12,85,23 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).

SB12, s. 179 Section 179. 20.855 (4) (ba) of the statutes is created to read:

SB12,86,5 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).

SB12, s. 180 Section 180. 25.42 of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB12,86,14 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), 11.23 (2), and 11.38 (6), all moneys reverting to the state under s. 11.50 (8) and all gifts, and 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.

SB12, s. 181 Section 181. 71.07 (6s) of the statutes is repealed.

SB12, s. 182 Section 182. 71.08 (1) (intro.) of the statutes is repealed and recreated to read:

SB12,86,25 71.08 (1) Imposition. (intro.) If the tax imposed on a natural person, married couple filing jointly, trust, or estate under s. 71.02, not considering the credits under ss. 71.07 (1), (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx), (2fd), (3m), (3s), (6), and (9e), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m) and (3), and 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m), and (3) and subchs. VIII and IX and payments to other states under s. 71.07 (7), is less than the tax under this section, there is imposed on that natural person, married couple filing jointly, trust, or estate, instead of the tax under s. 71.02, an alternative minimum tax computed as follows:

SB12, s. 183 Section 183. 71.10 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB12,87,13 71.10 (3) Campaign. (a) Every individual filing an income tax return who has a tax liability or is entitled to a tax refund may designate $5 for transfer to the Wisconsin election campaign fund. If the individuals filing a joint return have a tax liability or are entitled to a tax refund, each individual may make a designation of $5 under this subsection. Each individual making a designation shall indicate whether the amount designated by that individual shall be placed in the general account for the use of all eligible candidates for state office, or in the account of an eligible political party whose name is certified to the secretary of revenue under s. 11.50 (14). If an individual does not indicate that the amount of his or her designation shall be placed in the account of a particular eligible political party, that amount shall be placed in the general account.

SB12,88,2 (b) The secretary of revenue shall provide a place for designations under par. (a) on the face of the individual income tax return and shall provide next to that place a statement that a designation will not increase tax liability. The secretary shall also provide and highlight a place in the instructions that accompany the return for any information submitted to the secretary by the elections board under s. 11.50 (2m) without cost to the board. No later than the 15th day of each month, the secretary of revenue shall certify to the elections board, the department of administration, and the state treasurer the total amount of designations made on returns processed by the department of revenue during the preceding month and the amount of designations made during that month for the general account and for the account of each eligible political party. If any individual attempts to place any condition or restriction upon a designation not authorized under par. (a), that individual is deemed not to have made a designation on his or her tax return.

SB12,88,4 (c) The names of individuals making designations under this subchapter shall be strictly confidential.

SB12, s. 184 Section 184. 71.10 (4) (gw) of the statutes is repealed.

SB12, s. 185 Section 185. 806.04 (11m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB12,88,12 806.04 (11m) Campaign finance registration. Any person who proposes to publish, disseminate, or broadcast, or causes to be published, disseminated, or broadcast, any communication may commence a proceeding under this section to determine the application to that person of a registration requirement under s. 11.05 (1), (2), or (2g).

SB12, s. 186 Section 186. 2001 Wisconsin Act 109, section 9115 (2v), (2w), (2x) and (2y) are repealed.

SB12, s. 187 Section 187. 2001 Wisconsin Act 109, section 9132 (4v) is repealed.

SB12, s. 188 Section 188. 2001 Wisconsin Act 109, section 9215 (3v) is repealed.

SB12, s. 189 Section 189. 2001 Wisconsin Act 109, section 9244 (6v) is repealed.

SB12, s. 190 Section 190. 2001 Wisconsin Act 109, section 9315 (2v) and (2w) are repealed.

SB12, s. 191 Section 191. 2001 Wisconsin Act 109, section 9344 (2v) is repealed.

SB12, s. 192 Section 192. 2001 Wisconsin Act 109, section 9415 (1zx) is repealed.

SB12, s. 193 Section 193. Nonstatutory provisions.

SB12,89,2 (1) Nonseverability. Notwithstanding section 990.001 (11) of the statutes, if a court finds that all or any portion of sections 11.01 (16) (a) 3., 11.12 (6) (c), 11.26 (8m), or 11.50 (9) (b) or (bb) of the statutes, as affected by this act, is unconstitutional, then sections 11.01 (16) (a) 3., 11.12 (6) (c), 11.26 (8m), and 11.50 (9) (b) and (bb) of the statutes, as affected by this act, are void in their entirety.

SB12, s. 194 Section 194. Appropriation changes; elections board.

SB12,89,10 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the elections board under section 20.510 (1) (a) of the statutes, as affected by the acts of 2003, the dollar amount is increased by $76,100 for fiscal year 2003-04 and the dollar amount is increased by $85,100 for fiscal year 2005-06 to increase the authorized FTE positions for the elections board by 1.0 GPR campaign finance investigator position and 1.0 GPR auditor position and to fund supporting expenses for these positions.

SB12, s. 195 Section 195. Initial applicability.

SB12,89,13 (1) Except as provided in subsections (2) and (3), this act first applies to elections held on the day after publication.

SB12,89,18 (2) The treatment of section 71.10 (3) (a) of the statutes first applies to claims filed for taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31 the treatment first applies to claims filed for taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

SB12,89,20 (3) The treatment of section 11.31 (9) of the statutes first applies to adjustments for the biennium beginning on January 1, 2006.