AB626: Bill Text

The bill also deletes the disbursement and self-contribution limitations currently applicable to candidates who accept grants from the Wisconsin election campaign fund, as well as the provision that permits submission of an affidavit of voluntary compliance with those limitations. Under the bill, a candidate must return to the state grant moneys that are not spent by the candidate on the day after an election.

The bill provides that if a candidate does not adhere to the agreement required to obtain a grant, the candidate is subject to a forfeiture (civil penalty) equivalent to the amount of the grant that the candidate received, and in addition may be fined not more than three times the amount of any contributions received by the candidate excluding the amount of any grant and any qualifying or seed money contributions that are permitted to be received under the bill.

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:

AB626, s. 1 Section 1. 5.02 (18) of the statutes is amended to read:

AB626,4,6 5.02 (18) "September primary" means the primary held the 2nd Tuesday in September to nominate candidates to be voted for at the general election, and to determine which candidates for state offices other than district attorney may participate in the Wisconsin election campaign receive grants from the clean elections fund.

AB626, s. 2 Section 2. 5.62 (5) of the statutes is amended to read:

AB626,5,6 5.62 (5) At the September primary, an elector may vote for the candidates of only one party, or the elector may vote for any of the independent candidates for state office listed; but the elector may not vote for more than one candidate for a single office. A space shall be provided on the ballot for an elector to write in the name of his or her choice as a party candidate for any office, including a party candidate of a recognized political party whose name appears on the ballot, column or row designated for independent candidates, as provided in sub. (1) (b) 2. or (2) (b), but no space shall be provided to write in the names of independent candidates.

AB626, s. 3 Section 3. 7.08 (2) (c) and (cm) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed and recreated to read:

AB626,5,16 7.08 (2) (c) As soon as possible after the canvass of the spring and September primary votes, but no later than the first Tuesday in March and the 4th Tuesday in September, transmit to the state treasurer a certified list of all eligible candidates for state office who have filed applications under s. 11.51 (7) and whom the board determines to be eligible to receive grants from the clean elections fund. The list shall contain each candidate's name, the mailing address indicated upon the candidate's registration form, the office for which the individual is a candidate and the party or principle which he or she represents, if any.

AB626,5,23 (cm) As soon as possible after the canvass of a special primary, or the date that the primary would be held, if required, transmit to the state treasurer a certified list of all eligible candidates for state office who have filed applications under s. 11.51 (7) and whom the board determines to be eligible to receive a grant from the clean elections fund. The list shall contain each candidate's name, the mailing address indicated upon the candidate's registration form, the office for which the individual is a candidate and the party or principle which he or she represents, if any.

AB626, s. 4 Section 4. 7.70 (3) (e) 1. of the statutes is amended to read:

AB626,6,7 7.70 (3) (e) 1. After each September primary and special primary for a partisan state office other than the office of district attorney, the name of each candidate not defeated in the primary who receives at least 6% one percent of the total vote cast for all candidates on all ballots at the primary for each separate state office except district attorney each state office other than the office of district attorney, and the percentage of the total vote received by that candidate. Such percentage shall be calculated within each district in the case of legislative candidates.

AB626, s. 5 Section 5. 8.16 (1) of the statutes is amended to read:

AB626,6,15 8.16 (1) Except as provided in sub. (2), the person who receives the greatest number of votes for an office on a party ballot at any partisan primary, regardless of whether the person's name appears on the ballot, shall be the party's candidate for the office, and the person's name shall so appear on the official ballot at the next election. All independent candidates shall appear on the general election ballot or on any special election ballot regardless of the number of votes received by such candidates at the September or at any special primary.

AB626, s. 6 Section 6. 8.16 (5) of the statutes is amended to read:

AB626,6,22 8.16 (5) Any candidate for a partisan state office except district attorney may also qualify for payments a grant under s. 11.50 11.51 if the candidate meets the requirements specified in s. 11.50 11.51; however, a candidate who qualifies under this section for placement on the official ballot at the general election or a special election shall appear on such ballot regardless of whether he or she qualifies for payments a grant under s. 11.50 11.51.

AB626, s. 7 Section 7. 8.35 (4) (a) 1. a. and b. of the statutes, as affected by 2001 Wisconsin Act 109, are repealed and recreated to read:

AB626,7,4 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, or donated to a charitable organization, as instructed by the former candidate or, if the candidate left no instruction, as instructed by the former candidate's next of kin; or

AB626,7,7 b. If the former candidate was a nonpartisan candidate, donated to a charitable organization, as instructed by the former candidate or, if the candidate left no instruction, as instructed by the former candidate's next of kin; or

AB626, s. 8 Section 8. 8.35 (4) (b) of the statutes is amended to read:

AB626,7,15 8.35 (4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys received by a candidate from the Wisconsin election campaign clean elections fund shall be immediately transferred to any candidate who is appointed to replace such candidate, upon filing of a proper application therefor under s. 11.50 (2). If there is no candidate appointed or if no proper application is filed within 7 days of the date on which the vacancy occurs, such moneys shall revert to the state as provided in s. 11.50 (8).

AB626, s. 9 Section 9. 8.50 (1) (d) of the statutes is amended to read:

AB626,8,5 8.50 (1) (d) When the election concerns a national or state office, the board shall transmit to each county clerk at least 22 days before the special primary a certified list of all persons for whom nomination papers have been filed in its office. If no primary is required, the list shall be transmitted at least 42 days prior to the day of the election. If a special primary for a state office to the assembly is held, the board shall send a certified list of candidates who are eligible to receive grants under s. 11.51 to the state treasurer pursuant to s. 7.08 (2) (cm). Immediately upon receipt of the certified list of candidates from the board, the county clerk shall prepare his or her ballots. For a county special election, the county clerk shall certify the candidates and prepare the ballots. If there is a primary, the county clerk shall publish one type B notice in a newspaper under ch. 10. When a primary is held, as soon as possible after the primary, the county clerk shall certify the candidates and prepare the ballots for the following special election. The clerk shall publish one type B notice in a newspaper under ch. 10 for the election.

AB626, s. 10 Section 10. 8.50 (3) (b) of the statutes is amended to read:

AB626,8,19 8.50 (3) (b) Except as otherwise provided in this section, the provisions for September primaries under s. 8.15 are applicable to all partisan primaries held under this section, and the provisions for spring primaries under s. 8.10 are applicable to all nonpartisan primaries held under this section. In a special partisan primary or election, the order of the parties on the ballot shall be the same as provided under s. 5.62 (1) or 5.64 (1) (b). Independent candidates for a partisan state office at a special partisan election shall not appear on the primary ballot. No primary is required for a nonpartisan election in which not more than 2 candidates for an office appear on the ballot or for a partisan election in which not more than one candidate for an office appears on the ballot of each recognized political party. In every special election except a special election for nonpartisan state office where no candidate is certified to appear on the ballot, a space for write-in votes shall be provided on the ballot, regardless of whether a special primary is held.

AB626, s. 11 Section 11. 10.02 (3) (b) 2m. of the statutes is amended to read:

AB626,9,6 10.02 (3) (b) 2m. At the September primary, the elector shall select the party ballot of his or her choice or the ballot containing the names of the independent candidates for state office, and make a cross (7) next to or depress the lever or button next to the candidate's name for each office for whom the elector intends to vote or insert or write in the name of the elector's choice for a party candidate, if any. In order to qualify for participation in the Wisconsin election campaign a grant from the clean elections fund, a candidate for a state office , other than the office of district attorney, at the September primary, other than a candidate for district attorney, or a special primary, if a special primary is held, must receive at least 6% one percent of all votes cast on all ballots for the office for which he or she is a candidate, in addition to other requirements.

AB626, s. 12 Section 12. 10.06 (1) (e) of the statutes is amended to read:

AB626,9,16 10.06 (1) (e) As soon as possible following the state canvass of the spring primary vote, but no later than the first Tuesday in March, the board shall send a type B notice certifying to each county clerk the list of candidates for the spring election. When no state spring primary is held or when the only primary held is the presidential preference primary, this notice shall be sent under par. (c). The board shall also in any case send a certified list of candidates under s. 11.50 11.51 to the state treasurer pursuant to s. 7.08 (2) (c). When there is a referendum, the board shall send type A and C notices certifying each question to the county clerks as soon as possible, but no later than the first Tuesday in March.

AB626, s. 13 Section 13. 10.06 (1) (i) of the statutes is amended to read:

AB626,9,22 10.06 (1) (i) As soon as possible after the state canvass, but no later than the 4th Tuesday in September, the board shall send a type B notice certifying the list of candidates and type A and C notices certifying each question for any referendum to each county clerk for the general election and a certified list of candidates under s. 11.50 11.51 to the state treasurer pursuant to s. 7.08 (2) (c).

AB626, s. 14 Section 14. 11.01 (4m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,10,6 11.01 (4m) "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.

AB626, s. 15 Section 15. 11.01 (11m) of the statutes is created to read:

AB626,10,18 11.01 (11m) "Independent expenditure" means an expenditure made for the purpose of making a communication that is made during the 60-day period preceding any spring, September, or special primary election for a state office other than the office of court of appeals judge, circuit judge, or district attorney and the date of the spring, general, or special election following that primary election, or if no primary election for such an office is held, during the 60-day period preceding an election for such an office; that contains a reference to a clearly identified candidate for such an office at that election; that is made without cooperation or consultation with such a candidate, or any authorized committee or agent of such a candidate; and that is not made in concert with, or at the request or suggestion of, such a candidate, or any authorized committee or agent of such a candidate.

AB626, s. 16 Section 16. 11.06 (1) (a) of the statutes is amended to read:

AB626,10,24 11.06 (1) (a) An Except as required under s. 11.51 (2), an itemized statement giving the date, full name and street address of each contributor who has made a contribution in excess of $20, or whose contribution if $20 or less aggregates more than $20 for the calendar year, together with the amount of the contribution and the cumulative total contributions made by that contributor for the calendar year.

AB626, s. 17 Section 17. 11.06 (1) (cm) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 18 Section 18. 11.06 (1) (g) of the statutes is amended to read:

AB626,11,7 11.06 (1) (g) An Except as required under s. 11.51 (9), an itemized statement of every disbursement exceeding $20 in amount or value, together with the name and address of the person to whom the disbursement was made, and the date and specific purpose for which the disbursement was made.

AB626, s. 19 Section 19. 11.06 (1) (jm) of the statutes is amended to read:

AB626,11,17 11.06 (1) (jm) A copy of any separate schedule prepared or received pursuant to an escrow agreement under s. 11.16 (5). A candidate or personal campaign committee receiving contributions under such an agreement and attaching a separate schedule under this paragraph may indicate the percentage of the total contributions received, disbursements made and exclusions claimed under s. 11.31 (6) without itemization, except that amounts received from any contributor pursuant to the agreement who makes any separate contribution to the candidate or personal campaign committee during the calendar year of receipt as indicated in the schedule shall be aggregated and itemized if required under par. (a) or (b).

AB626, s. 20 Section 20. 11.07 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,11,24 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.

AB626, s. 21 Section 21. 11.12 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,12,6 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, at the option of the treasurer.

AB626, s. 22 Section 22. 11.12 (6) of the statutes is renumbered 11.12 (6) (a) and amended to read:

AB626,13,2 11.12 (6) (a) If any disbursement of more than $20 cumulatively is made to advocate the election or defeat of a clearly identified candidate by an individual or committee later than 15 days prior to a primary or election in which the candidate's name appears on the ballot without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or opposed, and not in concert with or at the request or suggestion of such a candidate, agent, or committee, the individual or treasurer of the committee shall, within 24 hours of making the disbursement, inform the appropriate filing officer of the information required under s. 11.06 (1) in such manner as the board may prescribe. The information shall also be included in the next regular report of the individual or committee under s. 11.20. For purposes of this subsection paragraph, disbursements cumulate beginning with the day after the last date covered on the preprimary or preelection report and ending with the day before the primary or election. Upon receipt of a report under this subsection paragraph, the filing officer shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom a disbursement identified in the report is made. This paragraph does not apply to any disbursement that is required to be reported as an independent expenditure under par. (b).

AB626, s. 23 Section 23 . 11.12 (6) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,14,3 11.12 (6) (a) Except as otherwise provided in this paragraph, if any individual or committee incurs one or more obligations or makes one or more disbursements in an amount exceeding $250 cumulatively to advocate the election or defeat of a clearly identified candidate later than 15 days prior to a primary or election in which the candidate's name appears on the ballot without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or opposed, and not in concert with or at the request or suggestion of such a candidate, agent or committee, the individual or treasurer of the committee shall, within 24 hours after incurring the obligation or making the disbursement, inform the appropriate filing officer. The report shall include the information required under s. 11.06 (1) and shall be made in such manner as the board may prescribe. For purposes of this paragraph, obligations and disbursements cumulate beginning with the day after the last date covered on the preprimary or preelection report and ending with the day before the primary or election and disbursements made for the purpose of payment of obligations that were previously reported are not included in determining the cumulative amount of obligations and disbursements. Upon receipt of a report identifying any obligation or disbursement under this paragraph, the filing officer shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom an obligation is incurred or a disbursement is made. This paragraph does not apply to disbursements or obligations required to be reported under par. (am) or to an individual or committee that is required to file daily reports under s. 11.21 (16). This paragraph does not apply to any disbursement that is required to be reported as an independent expenditure under par. (b).

AB626, s. 24 Section 24. 11.12 (6) (b) of the statutes is created to read:

AB626,14,9 11.12 (6) (b) 1. If any person makes an independent expenditure or incurs an obligation to make an independent expenditure, the person shall, within 24 hours of making the independent expenditure or incurring the obligation to make the independent expenditure, report to the board the information required under this paragraph in such manner as the board may prescribe.

AB626,14,10 2. Each report under this paragraph shall contain the following information:

AB626,14,12 a. The name of each candidate who is identified in each communication financed with the independent expenditure or obligation.

AB626,14,14 b. A statement as to whether the communication is intended to support or oppose that candidate.

AB626,14,17 c. The total amount or value of the independent expenditure or obligation and the cumulative independent expenditures made and obligations to make independent expenditures incurred by the person with respect to that election.

AB626,14,23 3. If the person is a registrant, the person shall also include the information reported under subd. 2. in the next regular report of the person under s. 11.20. Upon receipt of a report under this paragraph, the board shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom an independent expenditure or obligation identified in the report is made.

AB626, s. 25 Section 25. 11.12 (8) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 26 Section 26. 11.16 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,15,8 11.16 (2) Limitation on cash contributions. Every contribution of money exceeding $50 shall be made by negotiable instrument or evidenced by an itemized credit card receipt bearing on the face the name of the remitter. No treasurer may accept a contribution made in violation of this subsection. The treasurer shall promptly return the contribution, or donate the contribution to the common school fund or to a charitable organization, in the event that the donor cannot be identified.

AB626, s. 27 Section 27. 11.16 (5) of the statutes is amended to read:

AB626,15,24 11.16 (5) Escrow agreements. Any personal campaign committee, political party committee or legislative campaign committee may, pursuant to a written escrow agreement with more than one candidate, solicit contributions for and conduct a joint fund raising effort or program on behalf of more than one named candidate. The agreement shall specify the percentage of the proceeds to be distributed to each candidate by the committee conducting the effort or program. The committee shall include this information in all solicitations for the effort or program. All contributions received and disbursements made by the committee in connection with the effort or program shall be received and disbursed through a separate depository account under s. 11.14 (1) that is identified in the agreement. For purposes of s. 11.06 (1), the committee conducting the effort or program shall prepare a schedule in the form prescribed by the board supplying all required information under s. 11.06 (1) and items qualifying for exclusion under s. 11.31 (6) for the effort or program, and shall transmit a copy of the schedule to each candidate who receives any of the proceeds within the period prescribed in s. 11.06 (4) (c).

AB626, s. 28 Section 28 . 11.16 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,16,16 11.16 (5) Escrow agreements. Any personal campaign committee or political party committee may, pursuant to a written escrow agreement with more than one candidate, solicit contributions for and conduct a joint fund raising effort or program on behalf of more than one named candidate. The agreement shall specify the percentage of the proceeds to be distributed to each candidate by the committee conducting the effort or program. The committee shall include this information in all solicitations for the effort or program. All contributions received and disbursements made by the committee in connection with the effort or program shall be received and disbursed through a separate depository account under s. 11.14 (1) that is identified in the agreement. For purposes of s. 11.06 (1), the committee conducting the effort or program shall prepare a schedule in the form prescribed by the board supplying all required information under s. 11.06 (1) for the effort or program, and shall transmit a copy of the schedule to each candidate who receives any of the proceeds within the period prescribed in s. 11.06 (4) (c).

AB626, s. 29 Section 29. 11.19 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,17,10 11.19 (1) Whenever any registrant disbands or determines that obligations will no longer be incurred, and contributions will no longer be received nor disbursements made during a calendar year, and the registrant has no outstanding incurred obligations, the registrant shall file a termination report with the appropriate filing officer. Such report shall indicate a cash balance on hand of zero at the end of the reporting period and shall indicate the disposition of residual funds. Residual funds may be used for any political purpose not prohibited by law, returned to the donors in an amount not exceeding the original contribution, or donated to a charitable organization or the common school fund. The report shall be filed and certified as were previous reports, and shall contain the information required by s. 11.06 (1). A registrant to which s. 11.055 (1) applies shall pay the fee imposed under that subsection with a termination report filed under this subsection. If a termination report or suspension report under sub. (2) is not filed, the registrant shall continue to file periodic reports with the appropriate filing officer, no later than the dates specified in s. 11.20 and, if the registrant files reports under s. 11.21 (16), no later than the times specified in s. 11.21 (16). This subsection does not apply to any registrant making an indication under s. 11.06 (2m).

AB626, s. 30 Section 30. 11.20 (8) (am) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 31 Section 31. 11.21 (15) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed.

AB626, s. 32 Section 32. 11.23 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,17,20 11.23 (2) Any anonymous contribution exceeding $10 received by an individual or group treasurer may not be used or expended. The contribution shall be donated to the common school fund or to any charitable organization, at the option of the treasurer.

AB626, s. 33 Section 33. 11.24 (1w) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 34 Section 34. 11.26 (1m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 35 Section 35. 11.26 (1t) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 36 Section 36. 11.26 (2) (a) of the statutes is amended to read:

AB626,18,7 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, 4% of the value of the disbursement level specified in the schedule under s. 11.31 (1) , as adjusted under s. 11.31 (9).

AB626, s. 37 Section 37. 11.26 (2m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 38 Section 38. 11.26 (2t) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 39 Section 39. 11.26 (8n) (b) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

AB626,18,23 11.26 (8n) (b) A political party that receives and accepts a contribution under par. (a) shall maintain 2 segregated accounts, one designated as a "Section 11.26 (8n) Senate Account" and one designated as a "Section 11.26 (8n) Assembly Account." The political party shall deposit one-half of each contribution received and accepted under par. (a) in each account. Contributions deposited in the senate account may be disbursed only for the purpose of making contributions to candidates for the office of state senator that the candidates are authorized to receive and accept under sub. (9). Contributions deposited in the assembly account may be disbursed only for the purpose of making contributions to candidates for the office of representative to the assembly that the candidates are authorized to receive and accept under sub. (9).

AB626, s. 40 Section 40 . 11.26 (9) (a) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is renumbered 11.26 (9) and amended to read:

AB626,19,6 11.26 (9) Except as provided in sub. (9m), No individual who is a candidate for state or local office may receive and accept more than 65% of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided under s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party committees, except as follows: .

AB626, s. 41 Section 41. 11.26 (9) (a) of the statutes is amended to read:

AB626,19,13 11.26 (9) (a) No individual who is a candidate for state or local office may receive and accept more than 65% of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided under s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party and legislative campaign committees.

AB626, s. 42 Section 42. 11.26 (9) (a) 1. to 4. of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

AB626, s. 43 Section 43. 11.26 (9) (am) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

AB626, s. 44 Section 44. 11.26 (9) (b) of the statutes is amended to read:

AB626,19,24 11.26 (9) (b) No individual who is a candidate for state or local office may receive and accept more than 45% of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided under s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement.