SB46: Bill Text

Nonseverability

Currently, if any part of an act is found by a court to be invalid, those parts that are valid are severed from the invalid part and the severed parts continue in force. This bill provides that, if any of the following parts of the bill is unconstitutional, then all of the following parts are void: a) parts relating to the reporting of certain expenditures for mass communications; b) parts relating to the provision of supplemental grants to candidates whose opponents exceed disbursement limitations or who are opposed or whose opponents are supported by any reportable expenditures for mass communications or independent disbursements, including those that are reportable under current law; c) parts relating to the reporting such expenditures or disbursements; d) parts relating to the provision of supplemental grants to candidates who are intended to be opposed or whose opponents are intended to be supported through the use of such contributions; and e) parts relating to prohibiting contributions from being made by committees to special interest committees.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB46, s. 1 Section 1. 5.02 (13) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,16,8 5.02 (13) "Political party" or "party" means a state committee registered under s. 11.05 and organized exclusively for political purposes under whose name candidates appear on a ballot at any election, and all county, congressional, legislative, local and other affiliated committees authorized to operate under the same name. For purposes of ch. 11, the term does not include a committee filing an oath under s. 11.06 (7).

SB46, s. 2 Section 2. 5.05 (1) (e) of the statutes is amended to read:

SB46,16,19 5.05 (1) (e) Delegate to its executive director the authority to issue a subpoena under par. (b), apply for a search warrant under par. (b), commence an action under par. (d), intervene in an action or proceeding under sub. (9), issue an order under s. 5.06, exempt a polling place from accessibility requirements under s. 5.25 (4) (a), exempt a municipality from the requirement to use voting machines or an electronic voting system under s. 5.40 (5m), approve an electronic data recording system for maintaining poll lists under s. 6.79, or authorize nonappointment of an individual who is nominated to serve as an election official under s. 7.30 (4) (e), or make a determination under s. 11.065 (3), subject to such limitations as the board deems appropriate.

SB46, s. 3 Section 3. 5.05 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,17,10 5.05 (2) Auditing. In addition to the facial examination of reports and statements required under s. 11.21 (13), the board shall conduct an audit of reports and statements which are required to be filed with it to determine whether violations of ch. 11 have occurred. The board may examine records relating to matters required to be treated in such reports and statements. The board shall make official note in the file of a candidate, committee, group, or individual under ch. 11 of any error or other discrepancy which the board discovers and shall inform the person submitting the report or statement.

SB46, s. 4 Section 4. 7.08 (2) (c) and (cm) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed and recreated to read:

SB46,17,23 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, electronically transmit to the state treasurer a certified list of all eligible candidates for state office who have filed applications under s. 11.50 (2) and who the board determines are eligible to receive payments from the Wisconsin election campaign fund. The board shall also electronically transmit a similar list of candidates who the board determines are eligible to receive a grant under s. 11.50 (9) (ba) or (bb) within 24 hours after any candidate qualifies to receive such a grant. Each 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.

SB46,18,11 (cm) As soon as possible after the canvass of a special primary, or the date that the primary would be held, if required, electronically transmit to the state treasurer a certified list of all eligible candidates for state office who have filed applications under s. 11.50 (2) and who the board determines are eligible to receive a grant from the Wisconsin election campaign fund prior to the election. The board shall also electronically transmit a similar list of candidates, if any, who have filed applications under s. 11.50 (2) and who the board determines are eligible to receive a grant under s. 11.50 (1) (a) 1. b. after the special election. The board shall electronically transmit a similar list of candidates who the board determines are eligible to receive a grant under s. 11.50 (9) (ba) or (bb) within 24 hours after any candidate qualifies to receive such a grant. Each 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.

SB46, s. 5 Section 5. 7.08 (2) (cs) of the statutes is created to read:

SB46,18,15 7.08 (2) (cs) In each even-numbered year, certify to the state treasurer for the period beginning with the month following certification and ending with the month in which the next certification is made by the board:

SB46,18,19 1. No later than July 1, the name of each political party that qualifies under s. 11.50 (1) (am) 1. as an eligible political party as of the preceding June 1 and whose state chairperson has filed a request to establish an account for the party under s. 11.50 (2s) (a).

SB46,18,23 2. No later than December 15, the name of each political party that qualifies under s. 11.50 (1) (am) 2. as an eligible political party as of the date of the preceding general election and whose state chairperson has filed a written request to establish an account for the party under s. 11.50 (2s) (a).

SB46, s. 6 Section 6. 8.30 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,19,7 8.30 (2) If no registration statement has been filed by or on behalf of a candidate for state or local office in accordance with s. 11.05 (2g) by the applicable deadline for filing nomination papers by the candidate, or the deadline for filing a declaration of candidacy for an office for which nomination papers are not filed, the name of the candidate may not appear on the ballot. This subsection may not be construed to exempt a candidate from applicable penalties if he or she files a registration statement later than the time prescribed in ss. 11.01 (1) and 11.05 (2g).

SB46, 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:

SB46,19,14 8.35 (4) (a) 1. a. If the former candidate was a partisan candidate, donated to the former candidate's local or state political party, donated to a charitable organization, or transferred to the board for deposit in the Wisconsin election campaign fund, as instructed by the former candidate or, if the candidate left no instruction, by the former candidate's next of kin; or

SB46,19,18 b. If the former candidate was a nonpartisan candidate, donated to a charitable organization or transferred to the board for deposit in the Wisconsin election campaign fund, as instructed by the former candidate or, if the candidate left no instruction, by the former candidate's next of kin; or

SB46, s. 8 Section 8. 8.35 (4) (c) and (d) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed and recreated to read:

SB46,20,4 8.35 (4) (c) The transfer to the replacement candidate under par. (b) shall be made and reported to the appropriate filing officer by the former candidate's campaign treasurer. If the former candidate is deceased and was serving as his or her own campaign treasurer, the former candidate's petitioner or personal representative shall make the transfer and file the report. The report shall be made at the appropriate interval under s. 11.20 (2) or (4) and shall include a complete statement of all contributions, disbursements, and incurred obligations pursuant to s. 11.06 (1) covering the period from the day after the last date covered on the former candidate's most recent report to the date of disposition.

SB46,20,7 (d) The newly appointed candidate shall file his or her report at the next appropriate interval under s. 11.20 (2) or (4) after his or her appointment. The appointed candidate shall include any transferred moneys in his or her first report.

SB46, s. 9 Section 9. 11.001 (2m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,20,16 11.001 (2m) The legislature finds a compelling justification for minimal disclosure of all communications made near the time of an election that include a reference to a clearly identified candidate at that election in order to permit increased funding for candidates who are affected by those communications. This minimal disclosure burden is outweighed by the need to establish an effective funding mechanism for affected candidates to effectively respond to communications that may impact an election.

SB46, s. 10 Section 10. 11.01 (4m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,21,2 11.01 (4m) "Communication" means a message, other than a message exclusively between a corporation, cooperative, or voluntary association and its members, share holders, and subscribers, that is transmitted by means of a printed advertisement, billboard, handbill, sample ballot, radio or television advertisement, telephone call, or mass mailing, 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.

SB46, s. 11 Section 11. 11.01 (12s) of the statutes is repealed.

SB46, s. 12 Section 12. 11.01 (12w) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 13 Section 13. 11.01 (13) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,21,9 11.01 (13) "Mass mailing" means the distribution of 50 or more pieces of substantially identical material.

SB46, s. 14 Section 14. 11.01 (14) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 15 Section 15. 11.01 (14m) of the statutes is created to read:

SB46,21,24 11.01 (14m) "Noncandidate election expenditure" means an expenditure made for the purpose of making a communication that is made during the period beginning on the 30th day preceding a primary election for an office to be filled at a general, special, or spring election and the date of that general, special, or spring election or, if no primary is held, during the period beginning on the 60th day preceding a general, special, or spring election at which an office is filled and the date of that election; that contains a reference to a clearly identified candidate for an office specified in s. 11.31 (1) (a) to (de), (e), or (f) to be filled 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.

SB46, s. 16 Section 16. 11.01 (16) (a) 3. of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 17 Section 17. 11.01 (16) (c) of the statutes is created to read:

SB46,22,9 11.01 (16) (c) Except with respect to an act of a candidate or personal campaign, support, or political party committee, an act for "political purposes" does not include the making of an expenditure, including a noncandidate election expenditure under s. 11.065, for a communication which does not expressly advocate the election, defeat, recall, or retention of a clearly identified candidate or a particular result at a referendum.

SB46, s. 18 Section 18. 11.01 (17g) and (17r) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

SB46, s. 19 Section 19. 11.05 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,22,20 11.05 (1) Committees and groups. (a) Except as provided in s. 9.10 (2) (d), every committee, other than a personal campaign committee, that makes or accepts contributions, incurs obligations, or makes disbursements in a calendar year in an aggregate amount in excess of $25 shall file a statement with the appropriate filing officer giving the information required by sub. (3). In the case of any committee other than a personal campaign committee, the statement shall be filed by the treasurer. A personal campaign committee shall register under sub. (2g).

SB46,22,24 (b) Every political group subject to registration under s. 11.23 which makes or accepts contributions, incurs obligations, or makes disbursements in a calendar year in an aggregate amount in excess of $100 shall file a statement with the appropriate filing officer giving the information required by sub. (3).

SB46, s. 20 Section 20. 11.05 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,23,10 11.05 (2) Individuals. (a) Except as provided in s. 9.10 (2) (d), every individual, other than a candidate or agent of a candidate, who accepts contributions, incurs obligations, or makes disbursements with respect to one or more elections for state or local office in a calendar year in an aggregate amount in excess of $25 shall file a statement with the appropriate filing officer giving the information required by sub. (3). An individual who guarantees a loan on which an individual, committee or group subject to a registration requirement defaults is not subject to registration under this subsection solely as a result of such default.

SB46,23,14 (b) Every individual who accepts contributions, incurs obligations, or makes disbursements with respect to one or more referenda in a calendar year in an aggregate amount in excess of $100 shall file a statement with the appropriate filing officer giving the information required by sub. (3).

SB46, s. 21 Section 21. 11.05 (2r) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed.

SB46, s. 22 Section 22. 11.05 (3) (c) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,23,21 11.05 (3) (c) In the case of a committee, a statement as to whether the committee is a personal campaign committee, a political party committee, a support committee, or a special interest committee.

SB46, s. 23 Section 23. 11.05 (3) (m) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,24,3 11.05 (3) (m) In the case of a personal campaign committee, the name of the candidate on whose behalf the committee was formed or intends to operate and the office or offices that the candidate seeks.

SB46, s. 24 Section 24. 11.05 (3) (o) of the statutes is repealed.

SB46, s. 25 Section 25. 11.05 (3) (r) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,24,9 11.05 (3) (r) In the case of a candidate or personal campaign committee of a candidate, the telephone number or numbers and a facsimile transmission number or electronic mail address, if any, at which the candidate may be contacted.

SB46, s. 26 Section 26. 11.05 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,25,2 11.05 (5) Change of information. Any change in information previously submitted in a statement of registration shall be reported by the registrant to the appropriate filing officer within 10 days following the change. This period does not apply in case of change of an indication made under s. 11.06 (2m), which shall be reported no later than the date that a registrant is subject to a filing requirement under s. 11.06 (2m). Any such change may be reported only by the individual or by the officer who has succeeded to the position of an individual who signed the original statement; but in the case of a personal campaign committee, a candidate or campaign treasurer may report a change in the statement except as provided in s. 11.10 (2), and in the case of any other committee or group, the chief executive officer or treasurer indicated on the statement may report a change. If a preexisting support committee is adopted by a candidate as his or her personal campaign committee, the candidate shall file an amendment to the committee's statement under this subsection indicating that all information contained in the statement is true, correct and complete.

SB46, s. 27 Section 27. 11.05 (5r) of the statutes is created to read:

SB46,25,7 11.05 (5r) Contribution prior to registration prohibited. (a) Except as provided in sub. (13), no person, committee, or group subject to a registration requirement may make any contribution prior to the date of registration under this section.

SB46,25,10 (b) No registrant may accept any contribution from a person, committee, or group subject to a registration requirement prior to the date of registration of that person, committee, or group.

SB46, s. 28 Section 28. 11.05 (9) (title) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,25,13 11.05 (9) (title) Deposit of contributions; conduits.

SB46, s. 29 Section 29. 11.05 (9) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,25,20 11.05 (9) (b) An individual who or a committee or group which receives a contribution of money and transfers the contribution to another individual, committee, or group while acting as a conduit is not subject to registration under this section unless the individual, committee, or group transfers the contribution to a candidate or a personal campaign, political party, or support committee.

SB46, s. 30 Section 30. 11.05 (12) (title) of the statutes is amended to read:

SB46,25,22 11.05 (12) (title) Time of registration; acceptance of unlawful contributions.

SB46, s. 31 Section 31. 11.05 (12) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,26,9 11.05 (12) (b) Except as authorized under sub. (13), a committee, group, or individual other than a candidate or agent of a candidate shall comply with sub. (1) or (2) no later than the 5th business day commencing after receipt of the first contribution by such committee, group, or individual, and before making any disbursement. No committee, group, or individual, other than a candidate or agent of a candidate, may accept any contribution or contributions exceeding the amount specified in sub. (1) or (2) during a calendar year at any time when the committee, group, or individual is not registered under this section except within the initial 5-day period authorized by this paragraph.

SB46, s. 32 Section 32. 11.05 (13) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,26,18 11.05 (13) Bank account and postal box; exemption. An individual, committee, or group does not violate this section by accepting a contribution and making a disbursement in the amount required to rent a postal box, or in the minimum amount required by a bank or trust company to open a checking account, prior to the time of registration, if the disbursement is properly reported on the first report submitted under s. 11.20 or 11.21 (16) after the date that the individual, committee, or group is registered, whenever a reporting requirement applies to the registrant.

SB46, s. 33 Section 33. 11.06 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,27,2 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (2m), and (3m) and s. 11.19 (2), each registrant under s. 11.05 shall make full reports, upon a form prescribed by the board and signed by the appropriate individual under sub. (5), of all contributions received, contributions or disbursements made, and obligations incurred. Each report shall contain the following information, covering the period since the last date covered on the previous report, unless otherwise provided:

SB46, s. 34 Section 34. 11.06 (1) (cm) and (dm) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

SB46, s. 35 Section 35. 11.06 (1) (e) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,27,10 11.06 (1) (e) An itemized statement of contributions over $20 from a single source donated to a charitable organization or to the common school fund, with the full name and mailing address of the donee, and a statement of contributions over $20 transferred to the board for deposit in the Wisconsin election campaign fund.

SB46, s. 36 Section 36. 11.06 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,27,22 11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding sub. (1), if a disbursement is made or obligation incurred by an individual other than a candidate or by a committee or group which is not primarily organized for political purposes, the disbursement does not constitute a contribution to any candidate or other individual, committee, or group, and the disbursement is not a noncandidate election expenditure that is reportable under s. 11.065, the disbursement or obligation is required to be reported only if the purpose is to expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a referendum. The exemption provided by this subsection shall in no case be construed to apply to a political party, personal campaign, or support committee.

SB46, s. 37 Section 37. 11.06 (2m) (title) and (a) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed and recreated to read:

SB46,28,21 11.06 (2m) (title) General reporting exemptions. (a) Any person, committee, or group, other than an individual or committee required to file an oath under sub. (7), who or which does not anticipate accepting contributions, making disbursements, or incurring obligations in an aggregate amount in excess of $1,000 in a calendar year and does not anticipate accepting any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in that year may indicate on its registration statement that the person, committee, or group will not accept contributions, incur obligations, or make disbursements in the aggregate in excess of $1,000 in any calendar year and will not accept any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in any calendar year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date that aggregate contributions, disbursements, or obligations for the calendar year exceed $1,000, or the date on which the registrant accepts any contribution or contributions exceeding $100 from a single source, other than contributions made by a candidate to his or her own campaign, during any calendar year, whichever is earlier.

SB46, s. 38 Section 38. 11.06 (2m) (b) to (d) of the statutes, as created by 2001 Wisconsin Act 109, are repealed and recreated to read:

SB46,29,17 11.06 (2m) (b) Any individual or committee who or which is required to file an oath under sub. (7) and who or which accepts contributions, makes disbursements, or incurs obligations for the purpose of supporting or opposing one or more candidates for state office and who or which does not anticipate accepting contributions, making disbursements, or incurring obligations in an aggregate amount in excess of $1,000 in a calendar year and does not anticipate accepting any contribution or contributions from a single source exceeding $100 in that year may indicate on its registration statement that the individual or committee will not accept contributions, incur obligations, or make disbursements in the aggregate in excess of $1,000 in any calendar year and will not accept any contribution or contributions from a single source exceeding $100 in any calendar year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date on which aggregate contributions, disbursements, or obligations for the calendar year exceed $1,000, or the date on which the registrant accepts any contribution or contributions exceeding $100 from a single source during any calendar year, whichever is earlier.

SB46,30,10 (c) Any individual or committee who or which is required to file an oath under sub. (7) and who or which accepts contributions, makes disbursements, or incurs obligations for the purpose of supporting or opposing one or more candidates for local office but not for the purpose of supporting or opposing any candidate for state office and who or which does not anticipate accepting contributions, making disbursements, or incurring obligations in an aggregate amount in excess of $100 in a calendar year may indicate on its registration statement that the individual or committee will not accept contributions, incur obligations, or make disbursements in the aggregate in excess of $100 in any calendar year and will not accept any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in any calendar year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date that aggregate contributions, disbursements, or obligations for the calendar year exceed $100, whichever is earlier.

SB46,30,12 (d) If a revocation by a registrant under this subsection is not timely, the registrant violates s. 11.27 (1).

SB46, s. 39 Section 39. 11.06 (3) (b) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,30,17 11.06 (3) (b) (intro.) A nonresident registrant that makes a report under sub. (1) shall ensure that the report separately states information under sub. (1) concerning all of the following, in a manner prescribed by the board:

SB46, s. 40 Section 40. 11.06 (3r) of the statutes is repealed.

SB46, s. 41 Section 41. 11.06 (3w) of the statutes is repealed.

SB46, s. 42 Section 42. 11.06 (4) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,31,2 11.06 (4) (b) Unless it is returned or donated within 15 days of receipt, a contribution must be reported as received and accepted on the date received. This paragraph applies notwithstanding the fact that the contribution is not deposited in a campaign depository account by the closing date for a reporting period as provided in s. 11.20 (8) or the reporting deadline provided in s. 11.12 (6) (c) or (8).

SB46, s. 43 Section 43. 11.06 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read: