SB46: Bill Text

SB46, s. 105 Section 105. 11.26 (10) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,56,5 11.26 (10) (a) Except as provided in par. (b), no candidate for state office who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make contributions of more than 200 percent of the amounts specified in sub. (1) to the candidate's own campaign from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, unless the board determines that the candidate is not eligible to receive a grant or the candidate withdraws his or her application under s. 11.50 (2) (h). For purposes of this paragraph, any contribution received by a candidate or his or her personal campaign committee from a committee which is registered with the federal elections commission as the authorized committee of the candidate under 2 USC 432 (e) shall be treated as a contribution made by the candidate to his or her own campaign. The contribution limit of sub. (4) applies to amounts contributed by such a candidate personally to the candidate's own campaign and to other campaigns, except that a candidate may exceed the limitation if authorized under this paragraph to contribute more than the amount specified to the candidate's own campaign, up to the amount of the limitation.

SB46,56,13 (b) If a candidate is authorized to make disbursements under s. 11.31 (3p) or (3r) exceeding the limitation otherwise applicable to the candidate as prescribed under s. 11.31 (1) and adjusted under s. 11.31 (9), then the limitation otherwise applicable to that candidate under par. (a) is increased by an amount equal to the ratio that the amount specified in par. (a) bears to the disbursement limitation specified for that candidate under s. 11.31 (1), as adjusted under s. 11.31 (9), multiplied by the amount of the increased disbursement limitation authorized for that candidate under s. 11.31 (3p) and (3r).

SB46, s. 106 Section 106. 11.26 (10a) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 107 Section 107. 11.26 (15) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,56,22 11.26 (15) The fact that 2 or more committees, other than personal campaign committees, utilize common policies and practices concerning the endorsement of candidates or agree to make contributions only to such endorsed candidates does not affect the right of each committee independently to make contributions up to the amount specified under sub. (2).

SB46, s. 108 Section 108. 11.26 (17) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,57,3 11.26 (17) (a) For purposes of application of the limitations imposed in subs. (1), (2), (9), and (10), the "campaign" of a candidate begins and ends at the times specified in this subsection.

SB46, s. 109 Section 109. 11.265 of the statutes is repealed.

SB46, s. 110 Section 110. 11.29 (1) of the statutes is amended to read:

SB46,57,14 11.29 (1) Nothing in this chapter restricts any corporation, cooperative or voluntary association other than a political party or personal campaign committee from making disbursements or other expenditures for the purpose of communicating only with its members, shareholders or subscribers to the exclusion of all other persons, with respect to endorsements of candidates, positions on a referendum or explanation of its views or interests, without reporting such activity. No such corporation, cooperative or voluntary association may solicit contributions or other donations from persons who are not members, shareholders or subscribers to be used for such purposes.

SB46, s. 111 Section 111. 11.30 (4) of the statutes is amended to read:

SB46,57,18 11.30 (4) No owner or other person with a financial interest in a communications medium may utilize such medium in support of or in opposition to a candidate or referendum, except as provided in this chapter.

SB46,57,22 (4m) This chapter shall not be construed to restrict fair coverage of bona fide news stories, interviews with candidates and other politically active individuals, editorial comment or endorsement. Such activities need not be reported as a contribution or, disbursement, or noncandidate election expenditure.

SB46, s. 112 Section 112. 11.31 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,58,5 11.31 (1) Schedule. (intro.) The following levels of disbursements are established with reference to the candidates listed below. The levels are subject to adjustment under sub. (9). Except as provided in sub. (2), such levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.

SB46, s. 113 Section 113. 11.31 (1) (a) to (d) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed and recreated to read:

SB46,58,8 11.31 (1) (a) Candidates for governor, $4,000,000.

SB46,58,9 (b) Candidates for lieutenant governor, $500,000.

SB46,58,10 (c) Candidates for attorney general, $700,000.

SB46,58,12 (d) Candidates for secretary of state, state treasurer, or state superintendent, $250,000.

SB46, s. 114 Section 114. 11.31 (1) (de) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,58,15 11.31 (1) (de) Candidates for justice, $300,000.

SB46, s. 115 Section 115. 11.31 (1) (e) and (f) of the statutes, as affected by 2001 Wisconsin Act 109, are repealed and recreated to read:

SB46,58,20 11.31 (1) (e) Candidates for state senator, $150,000 total in the primary and election, with disbursements not exceeding $108,000 for either the primary or the election.

SB46,58,23 (f) Candidates for representative to the assembly, $75,000 total in the primary and election, with disbursements not exceeding $54,000 for either the primary or the election.

SB46, s. 116 Section 116. 11.31 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,59,16 11.31 (2) Limitation imposed. No candidate for state office at a spring or general election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from his or her campaign treasury in any campaign to the extent of more than the amount prescribed in sub. (1), adjusted as provided under sub. (9), unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), sub. (3p) applies to that candidate, or the board issues a determination under sub. (3r) applicable to the candidate. No candidate for state office at a special election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from his or her campaign treasury in any campaign to the extent of more than the amount prescribed under sub. (1), adjusted as provided under sub. (9), for the preceding spring or general election for the same office, unless the board determines that the candidate is not eligible to receive a grant, sub. (3p) applies to that candidate, or the board issues a determination under sub. (3r) applicable to that candidate.

SB46, s. 117 Section 117. 11.31 (2m) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed:

SB46, s. 118 Section 118. 11.31 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,60,2 11.31 (3) Gubernatorial campaigns. For purposes of compliance with the limitations imposed under sub. (2), candidates for governor and lieutenant governor of the same political party who both accept grants from the Wisconsin election campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b), adjusted as provided under sub. (9), and reallocate the total level between them. The candidates shall each inform the board of any such agreement.

SB46, s. 119 Section 119. 11.31 (3p) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,60,14 11.31 (3p) Disbursements by opposing candidates for certain state offices. If a candidate for a state office specified in sub. (1) (a) to (de), (e), or (f) files reports under s. 11.12 (8) indicating that the candidate has made disbursements in any campaign exceeding the amount of the disbursement level applicable to the candidate under sub. (1), as adjusted under sub. (9), then each of his or her opponents may make additional disbursements in that campaign exceeding the amount authorized under sub. (1), as adjusted under sub. (9), in an amount equivalent to the total disbursements made by the opposing candidate exceeding the disbursement level applicable to that candidate under sub. (1), as adjusted under sub. (9), as reported to the board under s. 11.12 (8).

SB46, s. 120 Section 120. 11.31 (3r) of the statutes is created to read:

SB46,61,6 11.31 (3r) Independent disbursements and noncandidate election expenditures; candidates for certain state offices. (a) If the board receives a report under s. 11.12 (6) (c) indicating that one or more disbursements have been made against a candidate for a state office specified under sub. (1) (a) to (de), (e) or (f), or in support of a candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot in opposition to such a candidate, or if the board receives a report under s. 11.065 that one or more noncandidate election expenditures have been made for the purpose of making a communication in opposition to a candidate for a state office specified in sub. (1) (a) to (de), (e), or (f), or in support of a candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot in opposition to such a candidate, the board shall, no later than the end of the 3rd calendar day after receiving the report under s. 11.12 (6) (c) or 11.065, issue a determination that the candidate may make additional disbursements in that campaign exceeding any limitation imposed under sub. (2) in an amount equivalent to the aggregate amount of those disbursements and expenditures, as reported to the board under ss. 11.12 (6) (c) and 11.065.

SB46,61,8 (b) The board shall immediately file a written copy of its determination with each of the candidates for the office that the candidate seeks.

SB46, s. 121 Section 121. 11.31 (9) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,61,14 11.31 (9) Adjustment of disbursement levels. (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

SB46,62,2 (b) The dollar amounts of all disbursement limitations specified in sub. (1) shall be subject to a cost-of-living adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of each odd-numbered year and the consumer price index for calendar year 2005. For each biennium, the board shall adjust the disbursement limitations specified under sub. (1) by that percentage to the extent required to reflect any difference, rounded to the nearest multiple of $25 in the case of amounts of $1 or more, which amount shall be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this subsection may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare, and without a finding of emergency.

SB46, s. 122 Section 122. 11.38 (1) (a) 2. of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,62,19 11.38 (1) (a) 2. Notwithstanding subd. 1., any such corporation or association may establish and administer a separate segregated fund and solicit contributions from individuals to the fund to be utilized by such corporation or association, for the purpose of supporting or opposing any candidate for state or local office but the corporation or association may not make any contribution to the fund. The fund shall appoint a treasurer and shall register as a political committee under s. 11.05. A parent corporation or association engaging solely in this activity is not subject to registration under s. 11.05, but shall register and file special reports on forms prescribed by the board disclosing its administrative and solicitation expenses on behalf of such fund. A corporation not domiciled in this state need report only its expenses for administration and solicitation of contributions in this state together with a statement indicating where information concerning other administration and solicitation expenses of its fund may be obtained. The reports shall be filed with the filing officer for the fund specified in s. 11.02 in the manner in which continuing reports are filed under s. 11.20 (4) and (8), and s. 11.21 (16) if applicable.

SB46, s. 123 Section 123. 11.38 (6) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,62,25 11.38 (6) Any individual or campaign treasurer who receives funds in violation of this section shall promptly return such funds to the contributor, donate the funds to the common school fund or a charitable organization or transfer the funds to the board for deposit in the Wisconsin election campaign fund, at the treasurer's option.

SB46, s. 124 Section 124. 11.38 (8) (b) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,63,14 11.38 (8) (b) Except as authorized in s. 11.05 (12) (b) and (13), prior to making any disbursement on behalf of a political group which is promoting or opposing a particular vote at a referendum and prior to accepting any contribution or making any disbursement to promote or oppose a particular vote at a referendum, a corporation or association organized under ch. 185 shall register with the appropriate filing officer specified in s. 11.02 and appoint a treasurer. The registration form of the corporation or association under s. 11.05 shall designate an account separate from all other corporation or association accounts as a campaign depository account, through which all moneys received or expended for the adoption or rejection of the referendum shall pass. The corporation or association shall file reports under s. 11.20 and under s. 11.21 (16), if applicable, providing the information required under s. 11.06 (1).

SB46, s. 125 Section 125. 11.385 of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 126 Section 126. 11.50 (1) (a) 1. of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,63,20 11.50 (1) (a) 1. For purposes of qualification for a grant from the general account:

SB46,64,3 1. a. With respect to a spring or general election, any individual who is certified under s. 7.08 (2) (a) as a candidate in the spring election for justice or state superintendent, or an individual who receives at least 6 percent of the vote cast for all candidates on all ballots for any state office, except district attorney, for which the individual is a candidate at the September primary and who is certified under s. 7.08 (2) (a) as a candidate for that office in the general election, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at the spring or general election; and who has qualified for a grant under sub. (2).

SB46,64,23 b. With respect to a special election, an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for state superintendent, or an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for any state office, except district attorney, on the ballot or column of a party whose candidate for the same office at the preceding general election received at least 6 percent of the vote cast for all candidates on all ballots for the office, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at a special election, or an individual who receives at least 6 percent of the vote cast for all candidates on all ballots for any state office, except district attorney, at a partisan special election; and who qualifies for a grant under sub. (2). Where the boundaries of a district in which an individual seeks office have been changed since the preceding general election such that it is not possible to calculate the exact number of votes that are needed by that individual to qualify as an eligible candidate prior to an election under this subdivision, the number of votes cast for all candidates for the office at the preceding general election in each ward, combination of wards or municipality which is wholly contained within the boundaries of the newly formed district shall be calculated. If the candidate of the political party on whose ballot or column the individual appears in the newly formed district obtained at least 6 percent of the number of votes calculated, the individual is deemed to qualify as an eligible candidate prior to the election under this subdivision.

SB46, s. 127 Section 127. 11.50 (1) (a) 2. of the statutes, as affected by 2001 Wisconsin Act 109, is repealed.

SB46, s. 128 Section 128. 11.50 (1) (a) 2m. of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,65,8 11.50 (1) (a) 2m. For purposes of qualification for a grant from a political party account, an individual who is certified under s. 7.08 (2) (a) in the general election or a special election as the candidate of an eligible political party for a state office, other than district attorney, or an individual who has been lawfully appointed and certified to replace such an individual on the ballot at the general or a special election and who has qualified for a grant under sub. (2).

SB46, s. 129 Section 129. 11.50 (1) (am) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,65,11 11.50 (1) (am) "Eligible political party" means any of the following:

SB46,65,16 1. A party qualifying under s. 5.62 (2) for a separate ballot or one or more separate columns or rows on a ballot for the period beginning on the preceding June 1, or, if that June 1 is in an odd-numbered year, the period beginning on June 1 of the preceding even-numbered year, and ending on May 31 of the 2nd year following the beginning of that period.

SB46,65,20 2. A party qualifying under s. 5.62 (1) (b) for a separate ballot or one or more separate columns or rows on a ballot for the period beginning on the date of the preceding general election and ending on the day before the general election that follows that election.

SB46, s. 130 Section 130. 11.50 (1) (bm) and (cm) of the statutes, as created by 2001 Wisconsin Act 109, are repealed and recreated to read:

SB46,65,24 11.50 (1) (bm) "General account" means the account in the fund created under sub. (2w).

SB46,66,2 (cm) "Political party account" means an account in the fund created under sub. (2s).

SB46, s. 131 Section 131. 11.50 (1) (e) of the statutes is created to read:

SB46,66,10 11.50 (1) (e) "Qualifying period" means the period ending on the date of the spring primary and July 1 preceding that date in the case of candidates at the spring election; the date of the September primary and January 1 preceding that date in the case of candidates at the general election; or the date on which a special primary will or would be held, if required, and 90 days preceding that date or the date on which a special election is ordered, whichever is earlier, in the case of candidates at a special election.

SB46, s. 132 Section 132. 11.50 (2) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,67,2 11.50 (2) (a) Any individual who desires to qualify as an eligible candidate may file an application with the board requesting approval to participate in the fund. The application shall be filed no later than the applicable deadline for filing nomination papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a), or 8.50 (3) (a), no later than 4:30 p.m. on the 7th day after the primary or date on which the primary would be held if required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in the case of candidates appointed to fill vacancies. The application shall contain a sworn statement that the candidate and his or her authorized agents have complied with the contribution limitations prescribed in s. 11.26 and the disbursement limitations imposed under s. 11.31 (2), as adjusted under s. 11.31 (9), at all times to which such limitations have applied to his or her candidacy and will continue to comply with the limitations at all times to which the limitations apply to his or her candidacy for the office in contest, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under par. (h), or s. 11.31 (3r) applies.

SB46, s. 133 Section 133. 11.50 (2) (b) 3. of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,67,6 11.50 (2) (b) 3. The candidate has an opponent who is certified for placement on the election ballot as a candidate for the same office;

SB46, s. 134 Section 134. 11.50 (2) (b) 4. of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,67,12 11.50 (2) (b) 4. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that his or her statement filed with the application under par. (a) is true; and

SB46, s. 135 Section 135. 11.50 (2) (b) 5. of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,68,5 11.50 (2) (b) 5. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received an amount equal to at least 5 percent of the applicable authorized disbursement limitation, as determined under s. 11.31 (1) and adjusted under s. 11.31 (9), from contributions of money, other than loans, made by individuals who reside in this state and, in the case of a candidate for legislative office, except as provided in par. (bm), at least 50 percent of the amount of which are made by individuals who reside within the legislative district in which the candidate seeks office, which contributions have been received during the qualifying period, which contributions are in the aggregate amount of $100 or less, except as provided in par. (bm), and which contributions are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual. Except as provided in par. (bm), only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage.

SB46, s. 136 Section 136. 11.50 (2) (b) 6. of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 137 Section 137. 11.50 (2) (bm) of the statutes is created to read:

SB46,68,13 11.50 (2) (bm) A candidate for legislative office may substitute contributions received by the candidate from political party committees for not more than 50 percent of the contributions that are required under par. (b) 5. to be received from individuals who reside within the legislative district in which the candidate seeks office.

SB46, s. 138 Section 138. 11.50 (2) (c) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,69,4 11.50 (2) (c) If a candidate has not filed financial reports as of the date of the spring primary, September primary, special primary, or date that the special primary would be held, if required, which indicate that he or she has met the qualification under par. (b) 5., the candidate may file a special report with the board. Such report shall be filed not later than the 7th day after the primary, or 7th day after the date the primary would be held, if required, and shall include such supplementary information as to sources of contributions which may be necessary to complete the candidate's qualification. The special report shall cover the period from the day after the last date covered on the candidate's most recent report, or from the date on which the first contribution was received or the first disbursement was made, whichever is earlier, if the candidate has not previously filed a report, to the date of such report. All information included on the special report shall also be included in the candidate's next report under s. 11.20. This paragraph does not apply to a candidate who files reports under s. 11.21 (16).

SB46, s. 139 Section 139. 11.50 (2) (f) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,69,13 11.50 (2) (f) The board shall inform each candidate in writing of the approval or disapproval of the candidate's application, as promptly as possible after the date of the spring primary, September primary, special primary, or date that the primary would be held, if required. With respect to a candidate at a special election who applies for a postelection grant under sub. (1) (a) 1. b., the board shall inform the candidate in writing of the conditional approval or disapproval of the candidate's application at the same time.

SB46, s. 140 Section 140. 11.50 (2) (g) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,69,23 11.50 (2) (g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the contribution limitations prescribed in s. 11.26 and the disbursement limitations imposed under s. 11.31 (2), as adjusted under s. 11.31 (9), as binding upon himself or herself and his or her agents during the campaign of that candidate as defined in s. 11.31 (7), as a precondition to receipt of a grant under this section, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws the application under par. (h), or s. 11.31 (3r) applies.

SB46, s. 141 Section 141. 11.50 (2) (h) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,70,7 11.50 (2) (h) An eligible candidate who files an application under par. (a) may file a written withdrawal of the application. A withdrawal of an application may be filed with the board no later than the 7th day after the day of the primary in which the person withdrawing the application is a candidate or the 7th day after the date on which the primary would be held, if required. If an application is withdrawn in accordance with this paragraph, the person withdrawing the application is no longer bound by the statement filed under par. (a) after the date of the withdrawal.

SB46, s. 142 Section 142. 11.50 (2) (i) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed.

SB46, s. 143 Section 143. 11.50 (2) (j) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 144 Section 144. 11.50 (2s) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,70,16 11.50 (2s) Political party accounts. (a) There is established a political party account for each eligible political party. Each political party account consists of all moneys designated by individuals for deposit in that account under s. 71.10 (3) (a).

SB46,70,22 (b) From the account of each eligible political party, the board shall apportion moneys to eligible candidates representing that party who qualify to receive grants. If there are insufficient moneys in the account of any eligible political party to make full payment of all grants for which candidates of that political party qualify, the board shall apportion available moneys to candidates of the party at each election using the same method of allocation provided in sub. (4) (a) to (c).

SB46,70,25 (c) If a political party for which an account is established under this subsection ceases to be an eligible political party, the board shall transfer the unencumbered balance of that account to the general account.

SB46, s. 145 Section 145. 11.50 (2w) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,71,5 11.50 (2w) General account. There is established a general account within the fund consisting of all moneys in the fund not designated by individuals for deposit in a political party account under s. 71.10 (3) (a).