AB626,17,2017
11.23
(2) Any anonymous contribution exceeding $10 received by an individual
18or group treasurer may not be used or expended. The contribution shall be donated
19to the common school fund or to any charitable organization, at the option of the
20treasurer.
AB626, s. 36
3Section
36. 11.26 (2) (a) of the statutes is amended to read:
AB626,18,74
11.26
(2) (a) Candidates for governor, lieutenant governor, secretary of state,
5state treasurer, attorney general, state superintendent or justice, 4% of the value of
6the disbursement level specified in the schedule under s. 11.31 (1)
, as adjusted under
7s. 11.31 (9).
AB626,18,2314
11.26
(8n) (b) A political party that receives and accepts a contribution under
15par. (a) shall maintain 2 segregated accounts, one designated as a "Section 11.26 (8n)
16Senate Account" and one designated as a "Section 11.26 (8n) Assembly Account." The
17political party shall deposit one-half of each contribution received and accepted
18under par. (a) in each account. Contributions deposited in the senate account may
19be disbursed only for the purpose of making contributions to candidates for the office
20of state senator that the candidates are authorized to receive and accept under sub.
21(9). Contributions deposited in the assembly account may be disbursed only for the
22purpose of making contributions to candidates for the office of representative to the
23assembly that the candidates are authorized to receive and accept under sub. (9).
AB626,19,6
111.26
(9) Except as provided in sub. (9m), No individual who is a candidate for
2state or local office may receive and accept more than 65% of the value of the total
3disbursement level determined under s. 11.31 (1), adjusted as provided under s.
411.31 (9), for the office for which he or she is a candidate during any primary and
5election campaign combined from all committees subject to a filing requirement,
6including political party committees
, except as follows:
.
AB626, s. 41
7Section
41. 11.26 (9) (a) of the statutes is amended to read:
AB626,19,138
11.26
(9) (a) No individual who is a candidate for state or local office may receive
9and accept more than 65% of the value of the total disbursement level determined
10under s. 11.31
(1), adjusted as provided under s. 11.31 (9), for the office for which he
11or she is a candidate during any primary and election campaign combined from all
12committees subject to a filing requirement, including political party and legislative
13campaign committees.
AB626, s. 44
18Section
44. 11.26 (9) (b) of the statutes is amended to read:
AB626,19,2419
11.26
(9) (b) No individual who is a candidate for state or local office may receive
20and accept more than 45% of the value of the total disbursement level determined
21under s. 11.31
(1), adjusted as provided under s. 11.31 (9), for the office for which he
22or she is a candidate during any primary and election campaign combined from all
23committees other than political party and legislative campaign committees subject
24to a filing requirement.
AB626, s. 45
25Section
45. 11.26 (9) (c) of the statutes is repealed.
AB626,20,237
11.26
(10a) (b) The dollar amounts of the limitations under subs. (1), (2), (4),
8(8), and (8n) are subject to a biennial adjustment to be determined by rule of the board
9in accordance with this subsection. To determine the adjustment, the board shall,
10in each year that the adjustment is made, calculate the percentage difference
11between the consumer price index for the 12-month period ending on December 31
12of the preceding year and the consumer price index for calendar year 2007.
13Beginning in 2008 and every 2 years thereafter, the board shall multiply the amount
14of each limitation under subs. (1), (2), (4), (8), and (8n) by the percentage difference
15in the consumer price indexes. The board shall then add that product to the
16applicable limitation under subs. (1), (2), (4), (8), and (8n), round each sum to the
17nearest multiple of $5, and adjust the amount of each limitation to substitute the
18resulting amount. The amount so determined shall then be in effect until a
19subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24
20(1) (a), (2) (b), and (3), determinations under this subsection may be promulgated as
21an emergency rule under s. 227.24 without providing evidence that the emergency
22rule is necessary for the public peace, health, safety, or welfare and without a finding
23of emergency.
AB626, s. 49
24Section
49. 11.26 (13) of the statutes is repealed.
AB626, s. 50
25Section
50. 11.26 (17) (a) of the statutes is amended to read:
AB626,21,3
111.26
(17) (a) For purposes of application of the limitations imposed in subs.
2(1), (2),
and (9)
and (10), the "campaign" of a candidate begins and ends at the times
3specified in this subsection.
AB626,21,76
11.26
(17) (a) For purposes of application of subs. (1), (2), and (9), the
7"campaign" of a candidate begins and ends at the times specified in this subsection.
AB626, s. 52
8Section
52. 11.31 (title) of the statutes is amended to read:
AB626,21,9
911.31 (title)
Disbursement levels and limitations; calculation.
AB626,21,1612
11.31
(1) Schedule. (intro.) The following levels of disbursements are
13established with reference to the candidates listed below. The levels are subject to
14adjustment under sub. (9). The levels do not operate to restrict the total amount of
15disbursements which are made or authorized to be made by any candidate in any
16primary or other election.
AB626, s. 56
21Section
56. 11.31 (3m) of the statutes is repealed.
AB626, s. 58
24Section
58. 11.31 (4) of the statutes is amended to read:
AB626,22,9
111.31
(4) Allocation. Except as provided in sub. (3m), whenever Whenever a
2separate disbursement level is specified for a primary and election under sub. (1), a
3candidate who disburses less than the authorized level in the primary may not
4reallocate the balance to increase the level in the election. Whenever a separate
5disbursement level is not specified for a primary and election under sub. (1), a
6candidate may allocate disbursements between the primary and election campaign
7within the total level of disbursements specified in sub. (1) in any proportion desired,
8and may carry over unexpended contributions from a primary campaign to an
9election campaign.
AB626, s. 59
10Section
59. 11.31 (6) of the statutes is repealed.
AB626, s. 60
11Section
60. 11.31 (7) (b) of the statutes is amended to read:
AB626,22,1412
11.31
(7) (b) Disbursements which are made before a campaign period for goods
13to be delivered or services to be rendered in connection with the campaign are
14charged against the disbursement
limitation level for that campaign.
AB626, s. 61
15Section
61. 11.31 (7) (c) of the statutes is amended to read:
AB626,22,1816
11.31
(7) (c) Disbursements which are made after a campaign to retire a debt
17incurred in relation to a campaign are charged against the disbursement
limitation 18level for that campaign.
AB626, s. 62
19Section
62. 11.31 (8) of the statutes is amended to read:
AB626,22,2420
11.31
(8) Certain contributions excluded. The
limitations imposed levels
21specified under this section do not apply to a gift of anything of value constituting
22a contribution made directly to a registrant by another, but the
limitations levels 23shall apply to such gift when it is received and accepted by the recipient or
, if received
24in the form of money, when disbursed.
AB626,23,63
11.31
(9) Adjustment of disbursement levels. (a) In this subsection,
4"consumer price index" means the average of the consumer price index over each
512-month period, all items, U.S. city average, as determined by the bureau of labor
6statistics of the U.S. department of labor.
AB626,23,217
(b) The dollar amounts of the levels specified in sub. (1) are subject to a biennial
8adjustment to be determined by rule of the board in accordance with this paragraph.
9To determine the adjustment, the board shall, in each year that the adjustment is
10made, calculate the percentage difference between the consumer price index for the
1112-month period ending on December 31 of the preceding year and the consumer
12price index for calendar year 2007. For each biennium, the board shall multiply the
13amount of each level specified under sub. (1) by the percentage difference in the
14consumer price indexes. The board shall then add that product to the applicable level
15under sub. (1), round each sum to the nearest multiple of $5, and adjust the amount
16of each level to substitute the resulting amount. The amount so determined shall
17then be in effect until a subsequent rule is promulgated under this paragraph.
18Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this
19paragraph may be promulgated as an emergency rule under s. 227.24 without
20providing evidence that the emergency rule is necessary for the public peace, health,
21safety, or welfare and without a finding of emergency.
AB626, s. 64
22Section
64. 11.31 (10) of the statutes is amended to read:
AB626,24,223
11.31
(10) Surplus materials excluded. Disbursements constituting surplus
24materials acquired in connection with a previous campaign of a candidate are not
1subject to limitation by included in the levels specified in this section, if the materials
2were previously reported as a disbursement by that candidate.
AB626,24,85
11.38
(6) Any individual or campaign treasurer who receives funds in violation
6of this section shall promptly return such funds to the contributor, or donate the
7funds to the common school fund or a charitable organization, at the individual's or
8treasurer's option.
AB626, s. 67
11Section
67. 11.51 of the statutes is created to read:
AB626,24,16
1211.51 Clean elections fund grants. (1) Any candidate for a state office other
13than the office of court of appeals judge, circuit judge, or district attorney whose
14name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at an
15election may qualify to receive a grant from the clean elections fund by fulfilling the
16requirements of this section.
AB626,24,24
17(2) (a) To qualify to receive a grant from the clean elections fund, a candidate
18shall obtain and deposit with the state treasurer the number of qualifying
19contributions specified in this subsection, in the amount of $5 each, each of which
20shall be received from an elector of this state and, in the case of a candidate for
21legislative office, an elector of the district in which the candidate seeks office. The
22name and address of each elector making a qualifying contribution shall be identified
23in a report filed with the board as provided in s. 11.06 (1) (a). The number of required
24qualifying contributions for a candidate for each office is:
AB626,24,2525
1. Governor, 3,000.
AB626,25,1
12. Lieutenant governor, 750.
AB626,25,22
3. Attorney general, 1,050.
AB626,25,33
4. State treasurer, 375.
AB626,25,44
5. Secretary of state, 375.
AB626,25,55
6. State superintendent, 375.
AB626,25,66
7. Justice, 450.
AB626,25,77
8. State senator, 150.
AB626,25,88
9. Representative to the assembly, 100.
AB626,25,139
(b) In addition to the requirements imposed under par. (a), a candidate does not
10qualify to receive a grant for a general or partisan special election unless the
11candidate receives at least 1 percent of the total vote cast for all candidates on all
12ballots for the same office at the September primary, or at a special primary if a
13special primary is held.
AB626,25,21
14(3) Prior to notification that a candidate has qualified to receive a grant from
15the clean elections fund under sub. (7), a candidate may accept seed money
16contributions from individuals. The total seed money contributions accepted by a
17candidate from one contributor, including any seed money contributions made by a
18candidate to his or her own campaign, may not exceed $100. The total seed money
19contributions accepted by a candidate during the candidate's campaign, as defined
20in s. 11.26 (17), may not exceed, in the aggregate, the following amount for the office
21sought by candidate:
AB626,25,2222
(a) Governor, $50,000.
AB626,25,2323
(b) Lieutenant governor, $12,500.
AB626,25,2424
(c) Attorney general, $17,500.
AB626,25,2525
(d) State treasurer, $6,250.
AB626,26,1
1(e) Secretary of state, $6,250.
AB626,26,22
(f) State superintendent, $6,250.
AB626,26,33
(g) Justice, $7,500.
AB626,26,44
(h) State senator, $2,500.
AB626,26,55
(i) Representative to the assembly, $1,500.
AB626,26,7
6(4) A contributor who makes a qualifying contribution may also make a seed
7money contribution in the full amount authorized under sub. (3).
AB626,26,12
8(5) A candidate shall remit to the state treasurer all seed money contributions
9received by the candidate that are unencumbered on the day the candidate receives
10notification of qualification for a grant under sub. (7). The state treasurer shall
11deposit all seed money contributions received under this subsection into the clean
12elections fund.
AB626,26,15
13(6) No candidate who accepts a grant from the clean elections fund may accept
14any seed money contribution under sub. (3) after receiving notification of
15qualification for a grant under sub. (7).
AB626,27,2
16(7) To qualify to receive a grant from the clean elections fund, a candidate shall
17file an application with the board, no later than a time specified by the board by rule,
18in which the candidate shall affirm that he or she has not accepted and agrees not
19to accept a contribution from any source other than a contribution required under
20sub. (2), a contribution authorized under sub. (3), and the candidate's grant from the
21clean elections fund during the campaign of the candidate, as defined in s. 11.31 (7).
22If the candidate desires to receive grant payments by electronic transfer, the
23candidate shall include in his or her application sufficient information and
24authorization for the state treasurer to transfer payments to his or her campaign
1depository account. The board shall notify each candidate who qualifies to receive
2a grant from the clean elections fund as promptly as possible following qualification.
AB626,27,7
3(8) (a) The board shall distribute primary election grants from the clean
4elections fund to each candidate who qualifies to receive a grant under this section
5as soon as possible preceding the date on which the primary election is held for the
6office that the candidate seeks or the date on which the primary election would be
7held if a primary election were required to be held.
AB626,27,128
(b) The board shall distribute grants for the spring, general, and any special
9election from the clean elections fund to each candidate who qualifies to receive a
10grant under this section as soon as possible after the date of the primary election for
11the office sought by the candidate, or the date on which the primary election would
12be held if a primary election were required to be held.
AB626,27,15
13(9) A candidate who receives a grant from the clean elections fund shall file
14with the board reports of all disbursements made in the manner provided under s.
1511.06 (1) (g), without regard to the amounts thereof.
AB626,27,20
16(10) (a) Except as provided in par. (b) and subs. (11) to (13), a candidate who
17qualifies to receive a grant from the clean elections fund under this section shall
18receive a grant in the following amount for the office sought by the candidate and for
19the election specified, less the aggregate amount of contributions accepted by the
20candidate under sub. (3):
-
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AB626,28,141
(b) If a candidate does not have an opponent who has qualified to have his or
2her name appear on the ballot at the election for which a grant is to be applied, the
3candidate shall receive a grant for a primary election equal to the average total
4disbursements made per candidate in primary election campaign periods, as
5determined by the board from reports filed by or on behalf of those candidates in
6accordance with s. 11.31 (5), for the office that the candidate seeks during the 4-year
7period preceding the date of the primary election, or a grant for a spring, general, or
8special election equal to the average total disbursements made per candidate in
9general and special election campaign periods, as determined by the board from
10reports filed by or on behalf of those candidates in accordance with s. 11.31 (5), for
11the office that the candidate seeks during the 4-year period preceding the date of the
12spring, general, or special election, except that a candidate for the office of governor
13shall receive a grant of $100,000 for a primary election and a grant of $200,000 for
14a general election.
AB626,28,17
15(11) (a) In this subsection, "consumer price index" means the average of the
16consumer price index over each 12-month period, all items, U.S. city average, as
17determined by the bureau of labor statistics of the U.S. department of labor.
AB626,29,17
1(b) The dollar amounts of the grants specified in sub. (10) (a) and the grants
2specified for the office of governor in sub. (10) (b) are subject to a biennial
3cost-of-living adjustment to be determined by rule of the board in accordance with
4this paragraph. To determine the adjustment, the board shall, as soon as possible
5after the end of each odd-numbered year, calculate the percentage difference
6between the consumer price index for the 12-month period ending on December 31
7of the preceding year and the consumer price index for calendar year 2007. For each
8biennium, the board shall multiply the amount of each grant specified in sub. (10)
9by the percentage difference in the consumer price indexes. The board shall then add
10that product to the applicable grant amount under sub. (10), round each sum to the
11nearest multiple of $5, and adjust the amount of each grant to substitute the
12resulting amount. The amount so determined shall then be in effect until a
13subsequent rule is promulgated under this paragraph. Notwithstanding s. 227.24
14(1) (a), (2) (b), and (3), determinations under this paragraph may be promulgated as
15an emergency rule under s. 227.24 without providing evidence that the emergency
16rule is necessary for the public peace, health, safety, or welfare, and without a finding
17of emergency.
AB626,30,2
18(12) If any independent expenditure is made or any obligation to make an
19independent expenditure is incurred by any person in opposition to a candidate who
20receives a grant from the clean elections fund or in support of an opponent of such
21a candidate whose name is certified to appear on the same ballot, then the candidate
22who receives a grant shall receive an additional grant in the total amount of the
23obligations incurred and the independent expenditures made that were not
24previously reported as obligations, as reported to the appropriate filing officer under
25s. 11.12 (6) (b), but not to exceed, in combination with any additional grant payable
1to that candidate under sub. (13), 2.5 times the amount payable to the candidate
2under sub. (10), as adjusted under sub. (11).
AB626,30,16
3(13) If a candidate who receives a grant from the clean elections fund is opposed
4on a primary or election ballot by another candidate who does not receive a grant or
5by another candidate who the board determines has violated his or her agreement
6under sub. (7), the candidate who receives a grant shall receive an additional grant
7in the amount by which the disbursements made by the other candidate exceed the
8amount of the grant payable for the office sought by the candidate in that election
9under sub. (10), as adjusted under sub. (11), but not to exceed, in combination with
10any additional grant payable to that candidate under sub. (12), 2.5 times the amount
11payable to the candidate under sub. (10), as adjusted under sub. (11). If a candidate
12who receives a grant from the clean elections fund is opposed on a primary or election
13ballot by more than one candidate who does not receive a grant or who the board
14determines has violated his or her agreement under sub. (7), the amount of the grant
15payable under this subsection is the largest amount that would be payable by reason
16of any candidate's opposition.