SB46: Bill Text

SB46,38,24 11.12 (6) (a) If an individual or committee makes a disbursement of more than $20 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 whose opponent is 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 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. For purposes of this 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 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. A committee that files a report pertaining to a disbursement under par. (c) is not required to file a report pertaining to the same disbursement under this paragraph.

SB46,39,18 (c) 1. If any committee identified under s. 11.05 (3) (c) as a special interest committee, other than a conduit, makes any disbursement 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 for the purpose of advocating the election or defeat of a clearly identified candidate for a state office specified in s. 11.31 (1) (a) to (de), (e), or (f) at the general or a special election, or any such candidate who seeks a nomination for such an office at a primary election, 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 committee shall report to the board within 24 hours after the date on which each disbursement not identified in a previous report is made, in such manner as the board may prescribe, the name of each candidate who is supported or opposed and the total amount of disbursements made for such a purpose in support of or opposition to that candidate on that date and the cumulative total of such disbursements made by that committee with respect to that election.

SB46,39,21 2. A committee which files a report under this paragraph concerning a disbursement is not required to file a report pertaining to the same disbursement under par. (a).

SB46,40,3 3. If a person makes a single disbursement for the purpose of financing an activity that is to occur on more than one day, the committee may report the entire disbursement under subd. 1. for the day on which the committee first engages in the activity that is financed by the disbursement, or the committee may report for each day on which the person engages in any activity that is financed by the disbursement the proportionate amount of the disbursement attributable to the cost of the activity that occurs on that day.

SB46,40,5 (d) All information reported by a registrant under this subsection shall also be included in the next regular report of the registrant under s. 11.20.

SB46, s. 58 Section 58. 11.12 (8) and (9) of the statutes, as created by 2001 Wisconsin Act 109, are repealed and recreated to read:

SB46,40,23 11.12 (8) If a candidate for a state office specified in s. 11.31 (1) (a) to (de), (e), or (f) who does not accept a grant under s. 11.50 makes any disbursement after that candidate has accumulated cash in his or her campaign depository account or has made disbursements during his or her campaign, as defined in s. 11.31 (7), exceeding a combined total of 90 percent of the amount specified in s. 11.31 (1) (a) to (de), (e), or (f), as adjusted under s. 11.31 (9), for the office that the candidate seeks, that candidate or the candidate's personal campaign committee shall file daily reports with the board and with each candidate whose name is certified to appear on the ballot for the office in connection with which the disbursement is made, by electronic mail or facsimile transmission, on each day beginning with that date or the 7th day after the primary election or the date that a primary would be held, if required, whichever is later, and ending on the date of the election at which the candidate seeks office. Each report shall be filed no later than 24 hours after the date on which disbursement not identified in a previous report is made. Each report shall specify the amount of each disbursement. The reported information shall also be included in the next regular report of the candidate or committee under s. 11.20.

SB46,41,4 (9) Whenever a report is required to be filed with a candidate by electronic mail or facsimile transmission under this section, the report shall be filed at the address or number of the candidate or personal campaign committee as shown on the registration statement of the candidate or committee. If no electronic mail address or facsimile transmission number is shown, the report shall be filed at the mailing address shown on the statement.

SB46, s. 59 Section 59. 11.14 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,41,18 11.14 (3) Notwithstanding sub. (1), any candidate who serves as his or her own campaign treasurer and who is authorized to make and makes an indication on his or her registration statement under s. 11.06 (2m) that he or she will not accept contributions, make disbursements, or incur obligations in an aggregate amount exceeding $1,000 in a calendar year, and will not accept any contribution or contributions from a single source, other than contributions made by the candidate to his or her own campaign, exceeding $100 in a calendar year, may designate a single personal account as his or her campaign depository account, and may intermingle personal and other funds with campaign funds. If a separate depository account is later established by the candidate, the candidate shall transfer all campaign funds in the personal account to the new depository account. Disbursements made from such personal account need not be identified in accordance with s. 11.16 (3).

SB46, s. 60 Section 60. 11.16 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,42,3 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, donate the contribution to the common school fund or to a charitable organization, or transfer the contribution to the board for deposit in the Wisconsin election campaign fund in the event that the donor cannot be identified.

SB46, s. 61 Section 61. 11.16 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,42,20 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) 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).

SB46, s. 62 Section 62. 11.19 (title) of the statutes is repealed and recreated to read:

SB46,42,23 11.19 (title) Carry-over of surplus funds; dissolution of registrants; termination reports.

SB46, s. 63 Section 63. 11.19 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,43,18 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, transferred to the board for deposit in the Wisconsin election campaign fund, 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. 11.12 (6) (c) or (8), no later than the times specified in s. 11.12 (6) (c) or (8). This subsection does not apply to any registrant making an indication under s. 11.06 (2m).

SB46, s. 64 Section 64. 11.20 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,44,5 11.20 (1) All reports required by s. 11.06 which relate to activities which promote or oppose candidates for state office or statewide referenda and all reports under s. 11.08 shall be filed with the board. All reports required by s. 11.06 which relate to activities which promote or oppose candidates for local office or local referenda shall be filed with the appropriate filing officer under s. 11.02, except reports filed under s. 11.08. Each registrant shall file the reports required by this section. If the registrant is subject to a requirement under s. 11.21 (16) to report electronically the same information that is reportable under this section, the registrant shall, in addition, file the reports required by this section recorded on a medium specified by the board.

SB46, s. 65 Section 65. 11.20 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,44,10 11.20 (2) Preprimary and preelection reports under s. 11.06 (1) shall be received by the appropriate filing officer no earlier than 14 days and no later than 8 days preceding the primary and the election.

SB46, s. 66 Section 66. 11.20 (7) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,44,15 11.20 (7) Except as otherwise required under s. 11.12 (6) (c) or (8), in the event that any report is required to be filed under this chapter on a nonbusiness day, it may be filed on the next business day thereafter.

SB46, s. 67 Section 67. 11.20 (8) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,44,19 11.20 (8) (intro.) Reports filed under subs. (2), (4), and (4m) shall include all contributions received and transactions made as of the end of:

SB46, s. 68 Section 68. 11.20 (8) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,44,23 11.20 (8) (a) The 15th day preceding the primary or election in the case of the preprimary and preelection report.

SB46, s. 69 Section 69. 11.20 (8) (am) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 70 Section 70. 11.20 (9) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,45,5 11.20 (9) Except as provided in ss. 11.06 (2m) and 11.19 (2), the duty to file reports under this section continues until a termination report is filed in accordance with s. 11.19.

SB46, s. 71 Section 71. 11.20 (10) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,45,14 11.20 (10) (a) Where a requirement is imposed under this section for the filing of a financial report which is to be received by the appropriate filing officer no later than a certain date, the requirement may be satisfied either by actual receipt of the report by the prescribed time for filing at the office of the filing officer, or by filing a report with the U.S. postal service by first class mail with sufficient prepaid postage, addressed to the appropriate filing officer, no later than the 3rd day before the date provided by law for receipt of such report.

SB46, s. 72 Section 72. 11.20 (12) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,45,21 11.20 (12) If a candidate is unopposed in a primary or election, the obligation to file the reports required by this chapter does not cease. Except as provided in ss. 11.06 (2m) and 11.19 (2), a registrant who makes or receives no contributions, makes no disbursements or incurs no obligations shall so report on the dates designated in subs. (2) and (4).

SB46, s. 73 Section 73. 11.21 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,46,11 11.21 (2) Furnish to each registrant prescribed forms for the making of reports and statements. Forms shall be sent by 1st class mail not earlier than 21 days and not later than 14 days prior to the applicable filing deadline under s. 11.20, and addressed to the attention of the treasurer or other person indicated on the registration statement. Forms need not be sent to a registrant who has made an indication that aggregate contributions, disbursements, and obligations will not exceed the amount specified under s. 11.06 (2m) or to a registrant who has been granted a suspension under s. 11.19 (2). Forms for reports shall not be sent by the board to a registrant if the registrant is required to file reports with the board in an electronic format. Whenever any notice of filing requirements under this chapter is sent to a candidate's campaign treasurer, the board shall also send a notice to the candidate if he or she has appointed a separate treasurer. Failure to receive any form or notice does not exempt a registrant from compliance with this chapter.

SB46, s. 74 Section 74. 11.21 (15) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,46,19 11.21 (15) Inform each candidate who files an application to become eligible to receive a grant from the Wisconsin election campaign fund of the dollar amount of the applicable disbursement limitation under s. 11.31 (1), adjusted as provided under s. 11.31 (9), which applies to the office for which such person is a candidate. Failure to receive the notice required by this subsection does not constitute a defense to a violation of s. 11.27 (1) or 11.31.

SB46, s. 75 Section 75. 11.21 (16) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,48,5 11.21 (16) Require each registrant for whom the board serves as filing officer and who or which accepts contributions in a total amount or value of $20,000 or more during a campaign period and each person who is required to file reports with the board under s. 11.065 and who makes noncandidate election expenditures in a total amount or value at $20,000 or more with respect to an election to file each campaign finance report that is required to be filed under this chapter in an electronic format, and accept from any other registrant for whom the board serves as a filing officer and any other person who is required to file reports with the board under s. 11.065 any campaign finance report that is required to be filed under this chapter in an electronic format. A registrant or other person who or which becomes subject to a requirement to file reports in an electronic format under this subsection shall initially file a report in an electronic format for the period which includes the date on which the registrant or other person becomes subject to the requirement or, if the registrant or other person is required to report transactions within 24 hours of their occurrence, within 24 hours after the date on which the registrant or other person becomes subject to the requirement. To facilitate implementation of this subsection, the board shall specify, by rule, a type of software that is suitable for compliance with the electronic filing requirement under this subsection. The board shall provide copies of the software to registrants and other persons at a price fixed by the board that may not exceed cost. Each registrant or other person who or which files a report under this subsection in an electronic format shall also file a copy of the report with the board that is recorded on a medium specified by the board. The copy shall be signed by an authorized individual and filed with the board by each registrant or other person no later than the time prescribed for filing of the report under this chapter. If a registrant is a committee or other organization, the copy shall be certified by an authorized individual. The board shall provide complete instructions to any registrant or other person who or which files a report under this subsection. In this subsection, the "campaign period" of a candidate, personal campaign committee or support committee begins and ends with the "campaign" of the candidate whose candidacy is supported, as defined in s. 11.26 (17), and the "campaign period" of any other registrant begins on January 1 of each odd-numbered year and ends on December 31 of the following year. Section 990.001 (4) does not apply to the computation of time permitted for compliance with the filing requirements under this subsection.

SB46, s. 76 Section 76. 11.21 (17) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 77 Section 77. 11.22 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,48,21 11.22 (3) Furnish to each registrant prescribed forms for the making of reports and statements. Forms shall be sent by 1st class mail not earlier than 21 days and not later than 14 days prior to the applicable filing deadline under s. 11.20 and addressed to the attention of the treasurer or other person indicated on the registration statement. Forms need not be sent to a registrant who has made an indication that aggregate contributions, disbursements and obligations will not exceed the amount specified under s. 11.06 (2m) or to a registrant who has been granted a suspension under s. 11.19 (2). Whenever any notice of the filing requirements under this chapter is sent to a candidate's campaign treasurer, the filing officer shall also send a notice to the candidate if he or she has appointed a separate treasurer. Failure to receive any form or notice does not exempt a registrant from compliance with this chapter.

SB46, s. 78 Section 78. 11.23 (1) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,49,11 11.23 (1) Any group or individual may promote or oppose a particular vote at any referendum in this state. Before making disbursements, receiving contributions, or incurring obligations in excess of $100 in the aggregate in a calendar year for such purposes, the group or individual shall file a registration statement under s. 11.05 (1) or (2). In the case of a group the name and mailing address of each of its officers shall be given in the statement. Every group and every individual under this section shall designate a campaign depository account under s. 11.14. Every group shall appoint a treasurer, who may delegate authority but is jointly responsible for the actions of his or her authorized designee for purposes of civil liability under this chapter. The appropriate filing officer shall be notified by a group of any change in its treasurer within 10 days of the change under s. 11.05 (5). The treasurer of a group shall certify the correctness of each statement or report submitted by it under this chapter.

SB46, s. 79 Section 79. 11.23 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,49,18 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 or transferred to the board for deposit in the Wisconsin election campaign fund, at the option of the treasurer.

SB46, s. 80 Section 80. 11.24 (1w) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 81 Section 81. 11.24 (2) of the statutes is renumbered 11.24 (5).

SB46, s. 82 Section 82. 11.24 (4) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,50,4 11.24 (4) (a) No person may make a contribution to an incumbent partisan state elective official or to the personal campaign committee or support committee authorized under s. 11.05 (3) (p) of that official for the purpose of promoting that official's nomination or reelection to the office held by the official during the period beginning on the date of introduction of the executive budget bill under s. 16.47 (1m) and ending on the date of enactment of the biennial budget act.

SB46,50,7 (b) If in any year there is more than one executive budget bill, par. (a) applies beginning on the date of introduction of the first such bill and ending on the date of enactment of the last such bill.

SB46,50,14 (c) Notwithstanding par. (a), a person may make a contribution to an incumbent partisan state elective official against whom a recall petition is circulated during the period beginning on the date that a petitioner registers an intent to circulate a petition under s. 9.10 (2) (d) and ending on the date of the recall election, except that if the circulation period expires without offering of the recall petition for filing, the filing officer determines not to file the petition, or the official resigns at an earlier date under s. 9.10 (3) (c), the period ends on the date of that event.

SB46, s. 83 Section 83. 11.26 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,50,21 11.26 (1) (intro.) No individual, except an individual serving as a conduit, may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

SB46, s. 84 Section 84. 11.26 (1m) and (1t) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

SB46, s. 85 Section 85. 11.26 (2) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,51,5 11.26 (2) (intro.) No committee, other than a political party committee, may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:

SB46, s. 86 Section 86. 11.26 (2) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,51,8 11.26 (2) (a) Candidates for governor, $45,000.

SB46, s. 87 Section 87. 11.26 (2) (ad) of the statutes is created to read:

SB46,51,10 11.26 (2) (ad) Candidates for lieutenant governor, $15,000.

SB46, s. 88 Section 88. 11.26 (2) (ae) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 89 Section 89. 11.26 (2) (am) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,51,15 11.26 (2) (am) Candidates for attorney general, $25,000.

SB46, s. 90 Section 90. 11.26 (2) (as) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 91 Section 91. 11.26 (2) (au) of the statutes is created to read:

SB46,51,20 11.26 (2) (au) Candidates for secretary of state, state treasurer, state superintendent, or justice, $10,000.

SB46, s. 92 Section 92. 11.26 (2) (av) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 93 Section 93. 11.26 (2m) and (2t) of the statutes, as created by 2001 Wisconsin Act 109, are repealed.

SB46, s. 94 Section 94. 11.26 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,52,7 11.26 (3) The contribution limitations of subs. (1) and (2) apply cumulatively to the entire primary and election campaign in which a candidate participates, whether or not there is a contested primary election. The total limitation may be apportioned in any manner desired between the primary and election. All moneys cumulate regardless of the time of contribution.

SB46, s. 95 Section 95. 11.26 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,52,14 11.26 (4) Except as provided in sub. (10), no individual, except an individual serving as a conduit, may make any contribution or contributions to all candidates for state and local offices and to any individuals who or committees which are subject to a registration requirement under s. 11.05, including committees of a political party, to the extent of more than a total of $10,000 in any calendar year.

SB46, s. 96 Section 96. 11.26 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,52,23 11.26 (5) The contribution limits provided in subs. (1) and (4) do not apply to a candidate who makes any contribution or contributions to his or her own campaign for office 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, with respect to any contribution or contributions made to that candidate's campaign only. A candidate's personal contributions shall be deposited in his or her campaign depository account and reported in the normal manner.

SB46, s. 97 Section 97. 11.26 (6) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,53,7 11.26 (6) When a candidate adopts a preexisting support committee as his or her personal campaign committee, the support committee is deemed to have been the same committee as the candidate's personal campaign committee for purposes of the application of subs. (1), (2), and (9). The limitations prescribed in subs. (2) and (9) do not apply to the transfer of contributions which is made at the time of such adoption, but do apply to the contributions which have been made by any other committee to the support committee at the time of adoption.

SB46, s. 98 Section 98. 11.26 (8) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,53,14 11.26 (8) (a) No political party, as defined in s. 5.02 (13), may receive more than a total of $600,000 in value of its contributions in any biennium from all other committees, excluding transfers between party committees of the party. In this paragraph, a biennium commences with January 1 of each odd-numbered year and ends with December 31 of each even-numbered year.

SB46,53,17 (b) No such political party may receive more than a total of $18,000 in value of its contributions in any calendar year from any specific committee or its subunits or affiliates, excluding political party committees.

SB46,53,20 (c) No committee, other than a political party committee, may make any contribution or contributions, directly or indirectly, to a political party under s. 5.02 (13) in a calendar year exceeding a total value of $18,000.

SB46, s. 99 Section 99. 11.26 (8m) of the statutes is created to read:

SB46,53,22 11.26 (8m) (a) In this subsection:

SB46,54,2 1. "Bona fide affiliated committees" means committees established and maintained by statewide labor organizations or trade associations and, respectively, the committees established and maintained by the local branches, units, or divisions of those statewide labor organizations or trade associations.

SB46,54,5 2. "Trade association" means an organization described in section 501 (c) (6) of the Internal Revenue Code which is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

SB46,54,7 (b) Except as provided in par. (c), no committee may make a contribution to any other committee except a political party, personal campaign, or support committee.

SB46,54,10 (c) Paragraph (b) does not apply to any contribution made by a committee to another committee if the contribution is made between bona fide affiliated committees.