Act 109 made changes to the laws regulating campaign contributions. With
certain exceptions, the act prohibited any candidate who accepts a public grant from
WECF from accepting contributions from any committee other than a political party
committee. The act also permitted candidates for legislative office who are bound by
campaign spending and self-contribution limits as a result of accepting a public
grant from WECF to accept double the amount of contributions otherwise permitted
from particular individuals and, when permitted, from particular committees. The
act imposed restrictions on fund raising by incumbents during a legislative session.
Act 109 increased spending limits for candidates for partisan state offices. The
act decreased contribution limits for candidates for legislative office who decline to
accept spending limits. The act increased the amount that a political party may
receive in a biennium from all committees, other than political party committees,
from $150,000 to $450,000 and increased the amount that a committee, other than
a political party committee, may contribute to a political party in a calendar year
from $6,000 to $18,000. The act further permitted political parties to accept an
additional $450,000 from all committees in any biennium to be used in providing
certain additional campaign contributions to legislative candidates. The act also
imposed restrictions on the transfer of contributions between certain committees
other than political party committees.
Act 109 increased the amount of campaign expenditures that candidates for
state office who accept a public grant from WECF may make. The act provided that
the maximum grant under WECF is an amount equal to 40 percent of the applicable
spending limit or, for candidates for the office of governor, 35 percent of the applicable
expenditure limit. (Prior law permitted a maximum grant of 45 percent of the
applicable spending limit, less contributions accepted from special interest
committees.) However, the act also provided for supplemental grants to be made to
candidates who have reported mass communications or certain noncandidate
expenditures made in opposition to them or in support of their opponents. The act
provided candidates for the office of justice of the supreme court with a "first draw"
on available grant funds. The act established political party accounts under WECF
and permitted individuals who have a tax liability to designate on their state income
tax returns that money be placed in a political party's account or in a general account
for all qualifying candidates, as permitted previously, and increased the amount of
the designation from $1 to $20. Under the act, the designation does not increase an
individual's tax liability.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB428,4,83
5.02
(13) "Political party" or "party" means a state committee registered under
4s. 11.05 organized exclusively for political purposes under whose name candidates
5appear on a ballot at any election, and all county, congressional, legislative, local and
6other affiliated committees authorized to operate under the same name. For
7purposes of ch. 11, the term does not include a legislative campaign committee or a
8committee filing an oath under s. 11.06 (7).
AB428,5,311
5.05
(2) Auditing. In addition to the facial examination of reports and
12statements required under s. 11.21 (13), the board shall conduct an audit of reports
13and statements which are required to be filed with it to determine whether violations
14of ch. 11 have occurred. The board may examine records relating to matters required
15to be treated in such reports and statements. The board shall make official note in
1the file of a candidate, committee, group or individual under ch. 11 of any error or
2other discrepancy which the board discovers and shall inform the person submitting
3the report or statement.
AB428,5,136
7.08
(2) (c) As soon as possible after the canvass of the spring and September
7primary votes, but no later than the first Tuesday in March and the 4th Tuesday in
8September, transmit to the state treasurer a certified list of all eligible candidates
9for state office who have filed applications under s. 11.50 (2) and whom the board
10determines to be eligible to receive payments from the Wisconsin election campaign
11fund. The list shall contain each candidate's name, the mailing address indicated
12upon the candidate's registration form, the office for which the individual is a
13candidate and the party or principle which he or she represents, if any.
AB428,5,2314
(cm) As soon as possible after the canvass of a special primary, or the date that
15the primary would be held, if required, transmit to the state treasurer a certified list
16of all eligible candidates for state office who have filed applications under s. 11.50 (2)
17and whom the board determines to be eligible to receive a grant from the Wisconsin
18election campaign fund prior to the election. The board shall also transmit a similar
19list of candidates, if any, who have filed applications under s. 11.50 (2) and whom the
20board determines to be eligible to receive a grant under s. 11.50 (1) (a) 2. after the
21special election. The list shall contain each candidate's name, the mailing address
22indicated upon the candidate's registration form, the office for which the individual
23is a candidate and the party or principle which he or she represents, if any.
AB428,6,7
18.30
(2) If no registration statement has been filed by or on behalf of a candidate
2for state or local office in accordance with s. 11.05 (2g) or (2r) by the applicable
3deadline for filing nomination papers by such candidate, or the deadline for filing a
4declaration of candidacy for an office for which nomination papers are not filed, the
5name of the candidate may not appear on the ballot. This subsection may not be
6construed to exempt a candidate from applicable penalties if he or she files a
7registration statement later than the time prescribed in ss. 11.01 (1) and 11.05 (2g).
AB428,6,1410
8.35
(4) (a) 1. a. Donated to the former candidate's local or state political party
11if the former candidate was a partisan candidate or donated to the charitable
12organization of the former candidate's choice or the charitable organization chosen
13by the former candidate's next of kin if the former candidate is deceased, or if no
14choice is made returned to the donors on a proportional basis; or
AB428,6,1815
b. If the former candidate was a nonpartisan candidate, donated to the
16charitable organization of the former candidate's choice or the charitable
17organization chosen by the former candidate's next of kin if the former candidate is
18deceased; or
AB428,7,321
8.35
(4) (c) The transfer shall be reported to the appropriate filing officer in a
22special report submitted by the former candidate's campaign treasurer. If the former
23candidate is deceased and was serving as his or her own campaign treasurer, the
24former candidate's petitioner or personal representative shall file the report and
25make the transfer required by par. (b), if any. The report shall include a complete
1statement of all contributions, disbursements and incurred obligations pursuant to
2s. 11.06 (1) covering the period from the day after the last date covered on the former
3candidate's most recent report to the date of disposition.
AB428,7,64
(d) The newly appointed candidate shall file his or her report at the next
5appropriate interval under s. 11.20 (2) or (4) after his or her appointment. The
6appointed candidate shall include any transferred funds in his or her first report.
AB428, s. 9
11Section
9. 11.01 (12s) of the statutes is created to read:
AB428,7,1412
11.01
(12s) "Legislative campaign committee" means a committee which does
13not file an oath under s. 11.06 (7) organized in either house of the legislature to
14support candidates of a political party for legislative office.
AB428,8,321
11.05
(1) Committees and groups. Except as provided in s. 9.10 (2) (d), every
22committee other than a personal campaign committee, and every political group
23subject to registration under s. 11.23 which makes or accepts contributions, incurs
24obligations or makes disbursements in a calendar year in an aggregate amount in
25excess of $25 shall file a statement with the appropriate filing officer giving the
1information required by sub. (3). In the case of any committee other than a personal
2campaign committee, the statement shall be filed by the treasurer. A personal
3campaign committee shall register under sub. (2g) or (2r).
AB428,8,126
11.05
(2) Individuals. Except as provided in s. 9.10 (2) (d), every individual,
7other than a candidate or agent of a candidate, who accepts contributions, incurs
8obligations, or makes disbursements in a calendar year in an aggregate amount in
9excess of $25 shall file a statement with the appropriate filing officer giving the
10information required by sub. (3). An individual who guarantees a loan on which an
11individual, committee or group subject to a registration requirement defaults is not
12subject to registration under this subsection solely as a result of such default.
AB428,9,1015
11.05
(2r) General reporting exemptions. Any person, committee or group,
16other than a committee or individual required to file an oath under s. 11.06 (7), who
17or which does not anticipate accepting contributions, making disbursements or
18incurring obligations in an aggregate amount in excess of $1,000 in a calendar year
19and does not anticipate accepting any contribution or contributions from a single
20source, other than contributions made by a candidate to his or her own campaign,
21exceeding $100 in that year may indicate on its registration statement that the
22person, committee or group will not accept contributions, incur obligations or make
23disbursements in the aggregate in excess of $1,000 in any calendar year and will not
24accept any contribution or contributions from a single source, other than
25contributions made by a candidate to his or her own campaign, exceeding $100 in
1such year. Any registrant making such an indication is not subject to any filing
2requirement if the statement is true. The registrant need not file a termination
3report. A registrant not making such an indication on a registration statement is
4subject to a filing requirement. The indication may be revoked and the registrant
5is then subject to a filing requirement as of the date of revocation, or the date that
6aggregate contributions, disbursements or obligations for the calendar year exceed
7$1,000, or the date on which the registrant accepts any contribution or contributions
8exceeding $100 from a single source, other than contributions made by a candidate
9to his or her own campaign, during that year, whichever is earlier. If the revocation
10is not timely, the registrant violates s. 11.27 (1).
AB428,9,1613
11.05
(3) (c) In the case of a committee, a statement as to whether the
14committee is a personal campaign committee, a political party committee, a
15legislative campaign committee, a support committee or a special interest
16committee.
AB428, s. 17
19Section
17. 11.05 (3) (o) of the statutes is created to read:
AB428,9,2320
11.05
(3) (o) In the case of a legislative campaign committee, a statement signed
21by the leader of the party in the house for which the committee is established
22attesting to the fact that the committee is the only authorized legislative campaign
23committee for that party in that house.
AB428,10,173
11.05
(5) Change of information. Any change in information previously
4submitted in a statement of registration shall be reported by the registrant to the
5appropriate filing officer within 10 days following the change. This period does not
6apply in case of change of an indication made under sub. (2r), which shall be reported
7no later than the date that a registrant is subject to a filing requirement under sub.
8(2r). Any such change may be reported only by the individual or by the officer who
9has succeeded to the position of an individual who signed the original statement; but
10in the case of a personal campaign committee, a candidate or campaign treasurer
11may report a change in the statement except as provided in s. 11.10 (2), and in the
12case of any other committee or group, the chief executive officer or treasurer
13indicated on the statement may report a change. If a preexisting support committee
14is adopted by a candidate as his or her personal campaign committee, the candidate
15shall file an amendment to the committee's statement under this subsection
16indicating that all information contained in the statement is true, correct and
17complete.
AB428,10,2020
11.05
(9) (title)
Conduits.
AB428,11,323
11.05
(9) (b) An individual who or a committee or group which receives a
24contribution of money and transfers the contribution to another individual,
25committee or group while acting as a conduit is not subject to registration under this
1section unless the individual, committee or group transfers the contribution to a
2candidate or a personal campaign, legislative campaign, political party or support
3committee.
AB428,11,146
11.05
(12) (b) Except as authorized under sub. (13), a committee, group or
7individual other than a candidate or agent of a candidate shall comply with sub. (1)
8or (2) no later than the 5th business day commencing after receipt of the first
9contribution by such committee, group or individual, and before making any
10disbursement. No committee, group or individual, other than a candidate or agent
11of a candidate, may accept any contribution or contributions exceeding $25 in the
12aggregate during a calendar year at any time when the committee, group or
13individual is not registered under this section except within the initial 5-day period
14authorized by this paragraph.
AB428,11,2317
11.05
(13) Bank account and postal box; exemption. An individual, committee
18or group does not violate this section by accepting a contribution and making a
19disbursement in the amount required to rent a postal box, or in the minimum amount
20required by a bank or trust company to open a checking account, prior to the time of
21registration, if the disbursement is properly reported on the first report submitted
22under s. 11.20 after the date that the individual, committee or group is registered,
23whenever a reporting requirement applies to the registrant.
AB428,12,7
111.06
(1) Contents of report. (intro.) Except as provided in subs. (2), (3) and
2(3m) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make full
3reports, upon a form prescribed by the board and signed by the appropriate
4individual under sub. (5), of all contributions received, contributions or
5disbursements made, and obligations incurred. Each report shall contain the
6following information, covering the period since the last date covered on the previous
7report, unless otherwise provided:
AB428,12,1412
11.06
(1) (e) An itemized statement of contributions over $20 from a single
13source donated to a charitable organization or to the common school fund, with the
14full name and mailing address of the donee.
AB428,12,2517
11.06
(2) Disclosure of certain indirect disbursements. Notwithstanding
18sub. (1), if a disbursement is made or obligation incurred by an individual other than
19a candidate or by a committee or group which is not primarily organized for political
20purposes, and the disbursement does not constitute a contribution to any candidate
21or other individual, committee or group, the disbursement or obligation is required
22to be reported only if the purpose is to expressly advocate the election or defeat of a
23clearly identified candidate or the adoption or rejection of a referendum. The
24exemption provided by this subsection shall in no case be construed to apply to a
25political party, legislative campaign, personal campaign or support committee.
AB428,13,97
11.06
(3) (b) (intro.) Notwithstanding sub. (1), a nonresident registrant shall
8report on a form prescribed by the board the applicable information under sub. (1)
9concerning:
AB428,13,1612
11.06
(4) (b) Unless it is returned or donated within 15 days of receipt, a
13contribution must be reported as received and accepted on the date received. This
14subsection applies notwithstanding the fact that the contribution is not deposited in
15the campaign depository account by the closing date for the reporting period as
16provided in s. 11.20 (8).
AB428,14,219
11.06
(5) Report must be complete. A registered individual or treasurer of a
20group or committee shall make a good faith effort to obtain all required information.
21The first report shall commence no later than the date that the first contribution is
22received and accepted or the first disbursement is made. Each report shall be filed
23with the appropriate filing officer on the dates designated in s. 11.20. The individual
24or the treasurer of the group or committee shall certify to the correctness of each
25report. In the case of a candidate, the candidate or treasurer shall certify to the
1correctness of each report. If a treasurer is unavailable, any person designated as
2a custodian under s. 11.05 (3) (e) may certify to the correctness of a report.
AB428,14,195
11.06
(7m) (a) If a committee which was registered under s. 11.05 as a political
6party committee or legislative campaign committee supporting candidates of a
7political party files an oath under sub. (7) affirming that it does not act in cooperation
8or consultation with any candidate who is nominated to appear on the party ballot
9of the party at a general or special election, that the committee does not act in concert
10with, or at the request or suggestion of, such a candidate, that the committee does
11not act in cooperation or consultation with such a candidate or agent or authorized
12committee of such a candidate who benefits from a disbursement made in opposition
13to another candidate, and that the committee does not act in concert with, or at the
14request or suggestion of, such a candidate or agent or authorized committee of such
15a candidate who benefits from a disbursement made in opposition to another
16candidate, the committee filing the oath may not make any contributions in support
17of any candidate of the party at the general or special election or in opposition to any
18such candidate's opponents exceeding the amounts specified in s. 11.26 (2), except as
19authorized in par. (c).
AB428,15,222
11.06
(7m) (b) If the committee has already made contributions in excess of the
23amounts specified in s. 11.26 (2) at the time it files an oath under sub. (7), each
24candidate to whom contributions are made shall promptly return a sufficient amount
1of contributions to bring the committee in compliance with this subsection and the
2committee may not make any additional contributions in violation of this subsection.
AB428,15,115
11.06
(7m) (c) A committee filing an oath under sub. (7) which desires to change
6its status to a political party committee or legislative campaign committee may do
7so as of December 31 of any even-numbered year. Section 11.26 does not apply to
8contributions received by such a committee prior to the date of the change. Such a
9committee may change its status at other times only by filing a termination
10statement under s. 11.19 (1) and reregistering as a newly organized committee under
11s. 11.05.
AB428,15,2416
11.07
(1) Every nonresident committee or group making contributions and
17every nonresident individual, committee or group making disbursements exceeding
18$25 cumulatively in a calendar year within this state shall file name, mailing and
19street address and the name and the mailing and street address of a designated
20agent within the state with the office of the secretary of state. An agent may be any
21adult individual who is a resident of this state. After any change in the name or
22address of such agent the new address or name of the successor agent shall be filed
23within 30 days. Service of process in any proceeding under this chapter or ch. 12, or
24service of any other notice or demand may be made upon such agent.
AB428,16,73
11.07
(5) Any campaign treasurer or individual who knowingly receives a
4contribution made by an unregistered nonresident in violation of this section may
5not use or expend such contribution but shall immediately return it to the source or
6at the option of the campaign treasurer or individual, donate the contribution to a
7charitable organization or to the common school fund.
AB428,16,1910
11.09
(3) Each registrant whose filing officer is the board, who or which makes
11disbursements in connection with elections for offices which serve or referenda
12which affect only one county or portion thereof, except a candidate, personal
13campaign committee, political party committee or other committee making
14disbursements in support of or in opposition to a candidate for state senator,
15representative to the assembly, court of appeals judge or circuit judge, shall file a
16duplicate original of each financial report filed with the board with the county clerk
17or board of election commissioners of the county in which the elections in which the
18registrant participates are held. Such reports shall be filed no later than the dates
19specified under s. 11.20 (2) and (4) for the filing of each report with the board.
AB428,17,1222
11.10
(1) Each candidate in an election shall appoint one campaign treasurer.
23Except as provided in s. 11.14 (3), each candidate shall designate one campaign
24depository account within 5 business days after the candidate receives his or her first
25contribution and before the candidate makes or authorizes any disbursement in
1behalf of his or her candidacy. If a candidate adopts a preexisting support committee
2as his or her personal campaign committee, the candidate shall make such
3designation within 5 business days of adoption. The person designated as campaign
4treasurer shall be the treasurer of the candidate's personal campaign committee, if
5any. The candidate may appoint himself or herself or any other elector as campaign
6treasurer. A registration statement under s. 11.05 (2g) or (2r) must be filed jointly
7by every candidate and his or her campaign treasurer. The candidate does not
8qualify for ballot placement until this requirement is met. Except as authorized
9under s. 11.06 (5), the campaign treasurer or candidate shall certify as to the
10correctness of each report required to be filed, and the candidate bears the
11responsibility for the accuracy of each report for purposes of civil liability under this
12chapter, whether or not the candidate certifies it personally.
AB428,17,1815
11.12
(2) Any anonymous contribution exceeding $10 received by a campaign
16or committee treasurer or by an individual under s. 11.06 (7) may not be used or
17expended. The contribution shall be donated to the common school fund or to any
18charitable organization at the option of the treasurer.
AB428,17,2421
11.12
(4) Each registrant shall report contributions, disbursements and
22incurred obligations in accordance with s. 11.20. Except as permitted under s. 11.06
23(2), (3) and (3m), each report shall contain the information which is required under
24s. 11.06 (1).
AB428,18,143
11.12
(5) If any contribution or contributions of $500 or more cumulatively are
4received by a candidate for state office or by a committee or individual from a single
5contributor later than 15 days prior to a primary or election such that it is not
6included in the preprimary or preelection report submitted under s. 11.20 (3), the
7treasurer of the committee or the individual receiving the contribution shall within
824 hours of receipt inform the appropriate filing officer of the information required
9under s. 11.06 (1) in such manner as the board may prescribe. The information shall
10also be included in the treasurer's or individual's next regular report. For purposes
11of the reporting requirement under this subsection, only contributions received
12during the period beginning with the day after the last date covered on the
13preprimary or preelection report, and ending with the day before the primary or
14election need be reported.
AB428,19,717
11.12
(6) If any disbursement of more than $20 cumulatively is made to
18advocate the election or defeat of a clearly identified candidate by an individual or
19committee later than 15 days prior to a primary or election in which the candidate's
20name appears on the ballot without cooperation or consultation with a candidate or
21agent or authorized committee of a candidate who is supported or opposed, and not
22in concert with or at the request or suggestion of such a candidate, agent or
23committee, the individual or treasurer of the committee shall, within 24 hours of
24making the disbursement, inform the appropriate filing officer of the information
25required under s. 11.06 (1) in such manner as the board may prescribe. The
1information shall also be included in the next regular report of the individual or
2committee under s. 11.20. For purposes of this subsection, disbursements cumulate
3beginning with the day after the last date covered on the preprimary or preelection
4report and ending with the day before the primary or election. Upon receipt of a
5report under this subsection, the filing officer shall, within 24 hours of receipt, mail
6a copy of the report to all candidates for any office in support of or opposition to one
7of whom a disbursement identified in the report is made.
AB428,19,2312
11.14
(3) Notwithstanding sub. (1), any candidate who serves as his or her own
13campaign treasurer and who is authorized to make and makes an indication on his
14or her registration statement under s. 11.05 (2r) that he or she will not accept
15contributions, make disbursements or incur obligations in an aggregate amount
16exceeding $1,000 in a calendar year, and will not accept any contribution or
17contributions from a single source, other than contributions made by the candidate
18to his or her own campaign, exceeding $100 in a calendar year, may designate a single
19personal account as his or her campaign depository account, and may intermingle
20personal and other funds with campaign funds. If a separate depository account is
21later established by the candidate, the candidate shall transfer all campaign funds
22in the personal account to the new depository account. Disbursements made from
23such personal account need not be identified in accordance with s. 11.16 (3).