AB1082: Bill Text

AB1082,1,7 An Act to amend 8.35 (4) (a) 1. a., 8.35 (4) (a) 1. b., 11.06 (1) (e), 11.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), 11.25 (2) (b) and 11.38 (6); to repeal and recreate 8.35 (4) (a) 1. a., 8.35 (4) (a) 1. b., 11.06 (1) (e), 11.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), 11.26 (1t), 11.26 (2t) and 11.38 (6); and to create 11.65, 20.510 (1) (qm), 25.17 (1) (hs) and 25.426 of the statutes; relating to: investigation of illegal campaign finance activity, creating an illegal activity investigation fund and making an appropriation.

Analysis by the Legislative Reference Bureau

Currently, violations of the campaign finance law may be investigated and prosecuted as civil offenses by the Elections Board or by the district attorney for the county where a violation is alleged to occur. District attorneys may also prosecute criminal violations.

This bill creates a segregated state fund called the "Illegal Activity Investigation Fund," which is financed by unrestricted gifts made to the fund by political committees and groups and other persons. Under the bill, moneys in this fund are appropriated to the Elections Board for the purpose of investigating suspected violations of the campaign finance law.

Currently, with certain exceptions, a registrant under the campaign finance law may only use moneys that are solicited for political purposes. However, contributions that are received and accepted contrary to law and residual moneys on hand when a registrant discontinues campaign finance activity may be donated to the common school fund or to a charitable organization.

This bill permits any campaign finance registrant to donate money to the illegal activity investigation fund.

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:

AB1082, s. 1 Section 1. 8.35 (4) (a) 1. a. of the statutes is amended to read:

AB1082,2,7 8.35 (4) (a) 1. a. Donated to the former candidate's local or state political party if the former candidate was a partisan candidate or donated to the a charitable organization of or the illegal activity investigation fund, as directed by the former candidate's choice, or to the charitable organization chosen candidate, or by the former candidate's next of kin if the former candidate is deceased, or if no choice is made returned to the donors on a proportional basis; or

AB1082, s. 2 Section 2. 8.35 (4) (a) 1. a. of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB1082,2,15 8.35 (4) (a) 1. a. If the former candidate was a partisan candidate, donated to the former candidate's local or state political party, donated to a charitable organization or transferred to the board for deposit in the Wisconsin election campaign fund or the illegal activity investigation fund, as instructed by the former candidate or, if the candidate left no instruction, by the former candidate's next of kin; or

AB1082, s. 3 Section 3. 8.35 (4) (a) 1. b. of the statutes is amended to read:

AB1082,3,3 8.35 (4) (a) 1. b. If the former candidate was a nonpartisan candidate, donated to the a charitable organization of or to the illegal activity investigation fund, as directed by the former candidate's choice or the charitable organization chosen candidate or by the former candidate's next of kin if the former candidate is deceased; or

AB1082, s. 4 Section 4. 8.35 (4) (a) 1. b. of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB1082,3,10 8.35 (4) (a) 1. b. If the former candidate was a nonpartisan candidate, donated to a charitable organization or transferred to the board for deposit in the Wisconsin election campaign fund or the illegal activity investigation fund, as instructed by the former candidate or, if the candidate left no instruction, by the former candidate's next of kin; or

AB1082, s. 5 Section 5. 11.06 (1) (e) of the statutes is amended to read:

AB1082,3,15 11.06 (1) (e) An itemized statement of contributions over $20 from a single source donated to a charitable organization or, to the common school fund, or to the illegal activity investigation fund, with the full name and mailing address of the donee.

AB1082, s. 6 Section 6. 11.06 (1) (e) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB1082,3,22 11.06 (1) (e) An itemized statement of contributions over $20 from a single source donated to a charitable organization or to the common school fund, with the full name and mailing address of the donee, and a statement of contributions over $20 transferred to the board for deposit in the Wisconsin election campaign fund or the illegal activity investigation fund.

AB1082, s. 7 Section 7. 11.07 (5) of the statutes is amended to read:

AB1082,4,4 11.07 (5) Any campaign treasurer or individual who knowingly receives a contribution made by an unregistered nonresident in violation of this section may not use or expend such contribution but shall immediately return it to the source or at the option of the campaign treasurer or individual, donate the contribution to a charitable organization or, to the common school fund, or to the illegal activity investigation fund.

AB1082, s. 8 Section 8. 11.07 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB1082,4,13 11.07 (5) Any campaign treasurer or individual who knowingly receives a contribution made by an unregistered nonresident in violation of this section may not use or expend such contribution but shall immediately return it to the source or at the option of the campaign treasurer or individual, donate the contribution to a charitable organization or to the common school fund or transfer the contribution to the board for deposit in the Wisconsin election campaign fund or the illegal activity investigation fund.

AB1082, s. 9 Section 9. 11.12 (2) of the statutes is amended to read:

AB1082,4,19 11.12 (2) Any anonymous contribution exceeding $10 received by a campaign or committee treasurer or by an individual under s. 11.06 (7) may not be used or expended. The contribution shall be donated to the common school fund or the illegal activity investigation fund or to any charitable organization at the option of the treasurer.

AB1082, s. 10 Section 10. 11.12 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB1082,5,2 11.12 (2) Any anonymous contribution exceeding $10 received by a campaign or committee treasurer or by an individual under s. 11.06 (7) may not be used or expended. The contribution shall be donated to the common school fund or to any charitable organization or transferred to the board for deposit in the Wisconsin election campaign fund or the illegal activity investigation fund, at the option of the treasurer.

AB1082, s. 11 Section 11. 11.16 (2) of the statutes is amended to read:

AB1082,5,10 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 it to the common school fund or the illegal activity investigation fund, or to a charitable organization in the event that the donor cannot be identified.

AB1082, s. 12 Section 12. 11.16 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB1082,5,20 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, donate the contribution to the common school fund or to a charitable organization, or transfer the contribution to the board for deposit in the Wisconsin election campaign fund or the illegal activity investigation fund in the event that the donor cannot be identified.

AB1082, s. 13 Section 13. 11.19 (1) of the statutes is amended to read:

AB1082,6,12 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 , or the illegal activity investigation 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. This subsection does not apply to any registrant making an indication under s. 11.05 (2r).

AB1082, s. 14 Section 14. 11.19 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB1082,7,7 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, transferred to the board for deposit in the Wisconsin election campaign fund or donated to a charitable organization, the common school fund, or the illegal activity investigation 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).

AB1082, s. 15 Section 15. 11.25 (2) (b) of the statutes is amended to read:

AB1082,7,22 11.25 (2) (b) Notwithstanding par. (a), a registrant may accept contributions and make disbursements from a campaign depository account for the purpose of making expenditures in connection with a campaign for national office; for payment of civil penalties incurred by the registrant under this chapter but not under any other chapter; for the purpose of making a donation to the illegal activity investigation fund; or for payment of the expenses of nonpartisan campaigns to increase voter registration or participation. Notwithstanding par. (a), a personal campaign committee or support committee may accept contributions and make disbursements from a campaign depository account for payment of inaugural expenses of an individual who is elected to state or local office. If such expenses are paid from contributions made to the campaign depository account, they are reportable under s. 11.06 (1) as disbursements. Otherwise, such expenses are not reportable under s. 11.06 (1). If contributions from the campaign depository account are used for such expenses, they are subject to s. 11.26.

AB1082, s. 16 Section 16. 11.26 (1t) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB1082,8,13 11.26 (1t) The limitations under sub. (1m) apply to any candidate for legislative office who files an affidavit under s. 11.31 (2m) (a) but who the board determines is ineligible to receive a grant from the Wisconsin election campaign fund, who withdraws his or her application for a grant under s. 11.50 (2) (h), or to whom s. 11.50 (2) (i) applies, unless the candidate subsequently files an affidavit under s. 11.31 (2m) (b). Any such candidate who has received a contribution that exceeds the amount specified for the office the candidate seeks under sub. (1m) before the date on which a limitation under sub. (1m) applies to the candidate shall return the excess amount of the contribution to the contributor, donate it to the common school fund or to any charitable organization, or transfer it to the board for deposit in the Wisconsin election campaign fund or the illegal activity investigation fund. If a candidate for legislative office files an affidavit under s. 11.31 (2m) (b), the limitations under sub. (1) apply to that candidate beginning on the date that the affidavit is filed.

AB1082, s. 17 Section 17. 11.26 (2t) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB1082,9,3 11.26 (2t) The limitations under sub. (2m) apply to any candidate for legislative office who files an affidavit under s. 11.31 (2m) (a) but who the board determines is ineligible to receive a grant from the Wisconsin election campaign fund, who withdraws his or her application for a grant under s. 11.50 (2) (h), or to whom s. 11.50 (2) (i) applies, unless the candidate subsequently files an affidavit under s. 11.31 (2m) (b). Any such candidate who has received a contribution that exceeds the amount specified for the office the candidate seeks under sub. (2m) before the date on which a limitation under sub. (2m) applies to the candidate shall return the excess amount of the contribution to the contributor, donate it to the common school fund or to any charitable organization, or transfer it to the board for deposit in the Wisconsin election campaign fund or the illegal activity investigation fund. If a candidate for legislative office files an affidavit under s. 11.31 (2m) (b), the limitations under sub. (2) apply to that candidate beginning on the date that the affidavit is filed.

AB1082, s. 18 Section 18. 11.38 (6) of the statutes is amended to read:

AB1082,9,8 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 the illegal activity investigation fund or a charitable organization, at the treasurer's option.

AB1082, s. 19 Section 19. 11.38 (6) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB1082,9,15 11.38 (6) Any individual or campaign treasurer who receives funds in violation of this section shall promptly return such funds to the contributor, donate the funds to the common school fund or a charitable organization or transfer the funds to the board for deposit in the Wisconsin election campaign fund or the illegal activity investigation fund, at the treasurer's option.

AB1082, s. 20 Section 20. 11.65 of the statutes is created to read:

AB1082,9,19 11.65 Donations to illegal activity investigation fund. Any committee, group, or other person may make an unrestricted donation to the illegal activity investigation fund by gift or bequest.

AB1082, s. 21 Section 21. 20.510 (1) (qm) of the statutes is created to read:

AB1082,9,23 20.510 (1) (qm) Investigation of illegal campaign finance activity. From the illegal activity investigation fund, a sum sufficient to investigate suspected illegal campaign finance activity.

AB1082, s. 22 Section 22. 25.17 (1) (hs) of the statutes is created to read:

AB1082,9,25 25.17 (1) (hs) Illegal activity investigation fund (s. 25.426);

AB1082, s. 23 Section 23. 25.426 of the statutes is created to read:

AB1082,10,4 25.426 Illegal activity investigation fund. There is established a separate nonlapsible trust fund to be designated as the illegal activity investigation fund, consisting of all moneys donated to the fund.

AB1082, s. 24 Section 24. Nonstatutory provisions.

AB1082,10,12 (1) Notwithstanding section 990.001 (1) of the statutes, if a court finds that all or any portion of section 8.35 (4) (a) 1. a. and b., 11.06 (1) (e), 11.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), 11.26 (1t) or (2t) or 11.38 (6) of the statutes, as repealed and recreated by this act, or any part of the laws specified in 2001 Wisconsin Act 109, section 9115 (2y), is unconstitutional, then the repeal and recreation of sections 8.35 (4) (a) 1. a. and b., 11.06 (1) (e), 11.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), 11.26 (1t) and (2t) and 11.38 (6) of the statutes by this act is void in its entirety.

AB1082,10,13 (End)