AB226: Bill Text

AB226, s. 79 Section 79. 11.23 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,49,18 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 or transferred to the board for deposit in the Wisconsin election campaign fund, at the option of the treasurer.

AB226, s. 80 Section 80. 11.24 (1w) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB226, s. 81 Section 81. 11.24 (2) of the statutes is renumbered 11.24 (5).

AB226, s. 82 Section 82. 11.24 (4) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,50,4 11.24 (4) (a) No person may make a contribution to an incumbent partisan state elective official or to the personal campaign committee or support committee authorized under s. 11.05 (3) (p) of that official for the purpose of promoting that official's nomination or reelection to the office held by the official during the period beginning on the date of introduction of the executive budget bill under s. 16.47 (1m) and ending on the date of enactment of the biennial budget act.

AB226,50,7 (b) If in any year there is more than one executive budget bill, par. (a) applies beginning on the date of introduction of the first such bill and ending on the date of enactment of the last such bill.

AB226,50,14 (c) Notwithstanding par. (a), a person may make a contribution to an incumbent partisan state elective official against whom a recall petition is circulated during the period beginning on the date that a petitioner registers an intent to circulate a petition under s. 9.10 (2) (d) and ending on the date of the recall election, except that if the circulation period expires without offering of the recall petition for filing, the filing officer determines not to file the petition, or the official resigns at an earlier date under s. 9.10 (3) (c), the period ends on the date of that event.

AB226, s. 83 Section 83. 11.26 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,50,21 11.26 (1) (intro.) No individual, except an individual serving as a conduit, may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

AB226, s. 84 Section 84. 11.26 (1m) and (1t) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

AB226, s. 85 Section 85. 11.26 (2) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,51,5 11.26 (2) (intro.) No committee, other than a political party committee, may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

AB226, s. 86 Section 86. 11.26 (2) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,51,8 11.26 (2) (a) Candidates for governor, $45,000.

AB226, s. 87 Section 87. 11.26 (2) (ad) of the statutes is created to read:

AB226,51,10 11.26 (2) (ad) Candidates for lieutenant governor, $15,000.

AB226, s. 88 Section 88. 11.26 (2) (ae) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB226, s. 89 Section 89. 11.26 (2) (am) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,51,15 11.26 (2) (am) Candidates for attorney general, $25,000.

AB226, s. 90 Section 90. 11.26 (2) (as) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB226, s. 91 Section 91. 11.26 (2) (au) of the statutes is created to read:

AB226,51,20 11.26 (2) (au) Candidates for secretary of state, state treasurer, state superintendent, or justice, $10,000.

AB226, s. 92 Section 92. 11.26 (2) (av) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB226, s. 93 Section 93. 11.26 (2m) and (2t) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

AB226, s. 94 Section 94. 11.26 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,52,7 11.26 (3) The contribution limitations of subs. (1) and (2) apply cumulatively to the entire primary and election campaign in which a candidate participates, whether or not there is a contested primary election. The total limitation may be apportioned in any manner desired between the primary and election. All moneys cumulate regardless of the time of contribution.

AB226, s. 95 Section 95. 11.26 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,52,14 11.26 (4) Except as provided in sub. (10), no individual, except an individual serving as a conduit, may make any contribution or contributions to all candidates for state and local offices and to any individuals who or committees which are subject to a registration requirement under s. 11.05, including committees of a political party, to the extent of more than a total of $10,000 in any calendar year.

AB226, s. 96 Section 96. 11.26 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,52,23 11.26 (5) The contribution limits provided in subs. (1) and (4) do not apply to a candidate who makes any contribution or contributions to his or her own campaign for office from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, with respect to any contribution or contributions made to that candidate's campaign only. A candidate's personal contributions shall be deposited in his or her campaign depository account and reported in the normal manner.

AB226, s. 97 Section 97. 11.26 (6) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,53,7 11.26 (6) When a candidate adopts a preexisting support committee as his or her personal campaign committee, the support committee is deemed to have been the same committee as the candidate's personal campaign committee for purposes of the application of subs. (1), (2), and (9). The limitations prescribed in subs. (2) and (9) do not apply to the transfer of contributions which is made at the time of such adoption, but do apply to the contributions which have been made by any other committee to the support committee at the time of adoption.

AB226, s. 98 Section 98. 11.26 (8) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,53,14 11.26 (8) (a) No political party, as defined in s. 5.02 (13), may receive more than a total of $600,000 in value of its contributions in any biennium from all other committees, excluding transfers between party committees of the party. In this paragraph, a biennium commences with January 1 of each odd-numbered year and ends with December 31 of each even-numbered year.

AB226,53,17 (b) No such political party may receive more than a total of $18,000 in value of its contributions in any calendar year from any specific committee or its subunits or affiliates, excluding political party committees.

AB226,53,20 (c) No committee, other than a political party committee, may make any contribution or contributions, directly or indirectly, to a political party under s. 5.02 (13) in a calendar year exceeding a total value of $18,000.

AB226, s. 99 Section 99. 11.26 (8m) of the statutes is created to read:

AB226,53,22 11.26 (8m) (a) In this subsection:

AB226,54,2 1. "Bona fide affiliated committees" means committees established and maintained by statewide labor organizations or trade associations and, respectively, the committees established and maintained by the local branches, units, or divisions of those statewide labor organizations or trade associations.

AB226,54,5 2. "Trade association" means an organization described in section 501 (c) (6) of the Internal Revenue Code which is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

AB226,54,7 (b) Except as provided in par. (c), no committee may make a contribution to any other committee except a political party, personal campaign, or support committee.

AB226,54,10 (c) Paragraph (b) does not apply to any contribution made by a committee to another committee if the contribution is made between bona fide affiliated committees.

AB226, s. 100 Section 100. 11.26 (8n) and (8r) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

AB226, s. 101 Section 101. 11.26 (9) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,54,22 11.26 (9) (a) No individual who is a candidate for state or local office may receive and accept more than 65 percent of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided in 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. The limitation otherwise applicable under this paragraph to a candidate who qualifies to receive a supplemental grant under s. 11.50 (9) (ba) or (bb) is increased by the amount of the supplemental grant.

AB226, s. 102 Section 102. 11.26 (9) (am) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB226, s. 103 Section 103. 11.26 (9) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,55,10 11.26 (9) (b) No individual who is a candidate for state or local office may receive and accept more than 35 percent of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided in 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 committees subject to a filing requirement. The limitation otherwise applicable under this paragraph to a candidate who qualifies to receive a supplemental grant under s. 11.50 (9) (ba) or (bb) is increased by the amount of the supplemental grant.

AB226, s. 104 Section 104. 11.26 (9m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB226, s. 105 Section 105. 11.26 (10) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,56,5 11.26 (10) (a) Except as provided in par. (b), no candidate for state office who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make contributions of more than 200 percent of the amounts specified in sub. (1) to the candidate's own campaign from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, unless the board determines that the candidate is not eligible to receive a grant or the candidate withdraws his or her application under s. 11.50 (2) (h). For purposes of this paragraph, any contribution received by a candidate or his or her personal campaign committee from a committee which is registered with the federal elections commission as the authorized committee of the candidate under 2 USC 432 (e) shall be treated as a contribution made by the candidate to his or her own campaign. The contribution limit of sub. (4) applies to amounts contributed by such a candidate personally to the candidate's own campaign and to other campaigns, except that a candidate may exceed the limitation if authorized under this paragraph to contribute more than the amount specified to the candidate's own campaign, up to the amount of the limitation.

AB226,56,13 (b) If a candidate is authorized to make disbursements under s. 11.31 (3p) or (3r) exceeding the limitation otherwise applicable to the candidate as prescribed under s. 11.31 (1) and adjusted under s. 11.31 (9), then the limitation otherwise applicable to that candidate under par. (a) is increased by an amount equal to the ratio that the amount specified in par. (a) bears to the disbursement limitation specified for that candidate under s. 11.31 (1), as adjusted under s. 11.31 (9), multiplied by the amount of the increased disbursement limitation authorized for that candidate under s. 11.31 (3p) and (3r).

AB226, s. 106 Section 106. 11.26 (10a) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB226, s. 107 Section 107. 11.26 (15) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,56,22 11.26 (15) The fact that 2 or more committees, other than personal campaign committees, utilize common policies and practices concerning the endorsement of candidates or agree to make contributions only to such endorsed candidates does not affect the right of each committee independently to make contributions up to the amount specified under sub. (2).

AB226, s. 108 Section 108. 11.26 (17) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,57,3 11.26 (17) (a) For purposes of application of the limitations imposed in subs. (1), (2), (9), and (10), the "campaign" of a candidate begins and ends at the times specified in this subsection.

AB226, s. 109 Section 109. 11.265 of the statutes is repealed.

AB226, s. 110 Section 110. 11.29 (1) of the statutes is amended to read:

AB226,57,14 11.29 (1) Nothing in this chapter restricts any corporation, cooperative or voluntary association other than a political party or personal campaign committee from making disbursements or other expenditures for the purpose of communicating only with its members, shareholders or subscribers to the exclusion of all other persons, with respect to endorsements of candidates, positions on a referendum or explanation of its views or interests, without reporting such activity. No such corporation, cooperative or voluntary association may solicit contributions or other donations from persons who are not members, shareholders or subscribers to be used for such purposes.

AB226, s. 111 Section 111. 11.30 (4) of the statutes is amended to read:

AB226,57,18 11.30 (4) No owner or other person with a financial interest in a communications medium may utilize such medium in support of or in opposition to a candidate or referendum, except as provided in this chapter.

AB226,57,22 (4m) This chapter shall not be construed to restrict fair coverage of bona fide news stories, interviews with candidates and other politically active individuals, editorial comment or endorsement. Such activities need not be reported as a contribution or, disbursement, or noncandidate election expenditure.

AB226, s. 112 Section 112. 11.31 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,58,5 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). Except as provided in sub. (2), such 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.

AB226, s. 113 Section 113. 11.31 (1) (a) to (d) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed and recreated to read:

AB226,58,8 11.31 (1) (a) Candidates for governor, $4,000,000.

AB226,58,9 (b) Candidates for lieutenant governor, $500,000.

AB226,58,10 (c) Candidates for attorney general, $700,000.

AB226,58,12 (d) Candidates for secretary of state, state treasurer, or state superintendent, $250,000.

AB226, s. 114 Section 114. 11.31 (1) (de) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,58,15 11.31 (1) (de) Candidates for justice, $300,000.

AB226, s. 115 Section 115. 11.31 (1) (e) and (f) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed and recreated to read:

AB226,58,20 11.31 (1) (e) Candidates for state senator, $150,000 total in the primary and election, with disbursements not exceeding $108,000 for either the primary or the election.

AB226,58,23 (f) Candidates for representative to the assembly, $75,000 total in the primary and election, with disbursements not exceeding $54,000 for either the primary or the election.

AB226, s. 116 Section 116. 11.31 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,59,16 11.31 (2) Limitation imposed. No candidate for state office at a spring or general election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from his or her campaign treasury in any campaign to the extent of more than the amount prescribed in sub. (1), adjusted as provided under sub. (9), unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), sub. (3p) applies to that candidate, or the board issues a determination under sub. (3r) applicable to the candidate. No candidate for state office at a special election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from his or her campaign treasury in any campaign to the extent of more than the amount prescribed under sub. (1), adjusted as provided under sub. (9), for the preceding spring or general election for the same office, unless the board determines that the candidate is not eligible to receive a grant, sub. (3p) applies to that candidate, or the board issues a determination under sub. (3r) applicable to that candidate.

AB226, s. 117 Section 117. 11.31 (2m) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed:

AB226, s. 118 Section 118. 11.31 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,60,2 11.31 (3) Gubernatorial campaigns. For purposes of compliance with the limitations imposed under sub. (2), candidates for governor and lieutenant governor of the same political party who both accept grants from the Wisconsin election campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b), adjusted as provided under sub. (9), and reallocate the total level between them. The candidates shall each inform the board of any such agreement.

AB226, s. 119 Section 119. 11.31 (3p) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,60,14 11.31 (3p) Disbursements by opposing candidates for certain state offices. If a candidate for a state office specified in sub. (1) (a) to (de), (e), or (f) files reports under s. 11.12 (8) indicating that the candidate has made disbursements in any campaign exceeding the amount of the disbursement level applicable to the candidate under sub. (1), as adjusted under sub. (9), then each of his or her opponents may make additional disbursements in that campaign exceeding the amount authorized under sub. (1), as adjusted under sub. (9), in an amount equivalent to the total disbursements made by the opposing candidate exceeding the disbursement level applicable to that candidate under sub. (1), as adjusted under sub. (9), as reported to the board under s. 11.12 (8).

AB226, s. 120 Section 120. 11.31 (3r) of the statutes is created to read:

AB226,61,6 11.31 (3r) Independent disbursements and noncandidate election expenditures; candidates for certain state offices. (a) If the board receives a report under s. 11.12 (6) (c) indicating that one or more disbursements have been made against a candidate for a state office specified under sub. (1) (a) to (de), (e) or (f), or in support of a candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot in opposition to such a candidate, or if the board receives a report under s. 11.065 that one or more noncandidate election expenditures have been made for the purpose of making a communication in opposition to a candidate for a state office specified in sub. (1) (a) to (de), (e), or (f), or in support of a candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot in opposition to such a candidate, the board shall, no later than the end of the 3rd calendar day after receiving the report under s. 11.12 (6) (c) or 11.065, issue a determination that the candidate may make additional disbursements in that campaign exceeding any limitation imposed under sub. (2) in an amount equivalent to the aggregate amount of those disbursements and expenditures, as reported to the board under ss. 11.12 (6) (c) and 11.065.

AB226,61,8 (b) The board shall immediately file a written copy of its determination with each of the candidates for the office that the candidate seeks.

AB226, s. 121 Section 121. 11.31 (9) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB226,61,14 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.

AB226,62,2 (b) The dollar amounts of all disbursement limitations specified in sub. (1) shall be subject to a cost-of-living adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for calendar year 2005. For each biennium, the board shall adjust the disbursement limitations specified under sub. (1) by that percentage to the extent required to reflect any difference, rounded to the nearest multiple of $25 in the case of amounts of $1 or more, which amount shall 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.