SB46: Bill Text

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SB46, s. 132 Section 132. 11.50 (2) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read: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 of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read: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 of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read: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

SB46, s. 146 Section 146. 11.50 (3) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,71,9 11.50 (3) Nonpartisan candidates. (a) Annually on August 15, all moneys in the general account shall be apportioned as follows by the state treasurer:

SB46,71,13 1. If an election for state superintendent is scheduled in the following year, 8 percent of the general account shall be placed in a superintendency account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer.

SB46,71,17 2. If an election for justice is scheduled in the following year, 8 percent of the general account shall be placed in a supreme court account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer.

SB46,71,18 3. The balance shall be apportioned under sub. (4).

SB46,72,2 (b) If a vacancy occurs in the office of state superintendent or justice after August 15 in any year and an election is scheduled to fill the vacancy at the spring election in the following year, the state treasurer shall transfer an amount not exceeding 8 percent of the moneys designated by individuals for deposit in the general account under s. 71.10 (3) (a) during that year to the account for the office in which the vacancy occurs, such moneys to be drawn from any account within the accounts in the general account created under sub. (4) in the amount or amounts specified by the board.

SB46, s. 147 Section 147. 11.50 (4) of the statutes, as affected by 2003 Wisconsin Act 109, is repealed and recreated to read:

SB46,72,7 11.50 (4) Partisan and special election candidates. After apportionment under sub. (3), the remaining moneys in the general account shall constitute the partisan campaign account.

SB46,72,10 (a) In the partisan campaign account, 25 percent of the moneys shall be apportioned into an executive campaign account and 75 percent of the moneys shall be apportioned into a legislative and special election campaign account.

SB46,72,13 (b) The executive campaign account shall be divided into accounts for each executive office as provided in this paragraph. The apportionment of moneys in the executive campaign account shall be made as follows:

SB46,72,15 1. Sixty-seven percent to be apportioned between all eligible candidates for governor.

SB46,72,17 2. Eight percent to be apportioned between all eligible candidates for lieutenant governor.

SB46,72,19 3. Seventeen percent to be apportioned between all eligible candidates for attorney general.

SB46,72,21 4. Four percent to be apportioned between all eligible candidates for state treasurer.

SB46,72,23 5. Four percent to be apportioned between all eligible candidates for secretary of state.

SB46,73,3 (c) The legislative and special election campaign account shall be divided into a senate campaign account to receive 25 percent of the moneys, and an assembly campaign account to receive 75 percent of the moneys. Each account shall then be apportioned between all eligible candidates for the same office in the entire state. No apportionment shall be made by legislative district.

SB46,73,13 (cm) Unless otherwise required under subs. (4e), (9), and (10), each eligible candidate for the same office at a special election shall receive a grant in an equal amount from the general account, which amount shall be equivalent to the maximum grant which was payable to any candidate for that office at the most recent spring or general election. The amount shall be drawn from the senate campaign account and the assembly campaign account in the same proportions as the balance in each account bears to the total balance in both accounts at the time that payments are made. Whenever there are insufficient moneys in the senate campaign account and the assembly campaign account to make the payments required by this paragraph, payments shall be appropriately reduced or discontinued by the board.

SB46,73,16 (d) Except as otherwise provided in sub. (4e), within the accounts established under this subsection for each office at each general election, the entire amount of all available moneys shall be apportioned equally to all eligible candidates.

SB46, s. 148 Section 148. 11.50 (4e) of the statutes is created to read:

SB46,74,6 11.50 (4e) Payment of grant amounts. The state treasurer shall make payment of each grant to an eligible candidate from the political party account of that candidate's political party, if any, if there are sufficient moneys in that account to make full payment of the grant, and then from the general account. If there are sufficient moneys in the political party account of a candidate's political party to make full payment of a grant under sub. (9) (a) but there are insufficient moneys in that account to make full payment of any grant for which the candidate qualifies under sub. (9) (ba) or (bb), the board shall first make payment of grants under sub. (9) (ba) and (bb) to all candidates of the candidate's political party at the election from available moneys in the political party account in the manner provided in sub. (2s) (b) and shall then make payments to those candidates from available moneys in the general account in the manner provided in sub. (9) (c). If there are insufficient moneys in the general account to make full payment of a grant, the board shall proportionately reduce the grant as provided in sub. (9) (c).

SB46, s. 149 Section 149. 11.50 (5) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,74,13 11.50 (5) Time of grant payments. (a) Except as provided in par. (b), the state treasurer shall make each grant payment that becomes payable to an eligible candidate under sub. (9) to the campaign depository account of that candidate by the end of the 3rd business day following notice from the board under s. 7.08 (2) (c) or (cm) of the amount to be paid.

SB46,74,19 (b) If an eligible candidate notifies the state treasurer of the information required to make electronic transfers to the candidate's campaign depository account, the state treasurer shall transfer to the campaign depository account of that candidate any grant payment that becomes payable to the candidate under sub. (9) as soon as possible following notice from the board under s. 7.08 (2) (c) or (cm), but no later than the time specified in par. (a).

SB46,74,21 (c) Eligible candidates for governor and lieutenant governor of the same political party may combine campaign depository accounts if desired.

SB46, s. 150 Section 150. 11.50 (6) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,75,2 11.50 (6) Excess moneys. If the amounts which are to be apportioned to each eligible candidate under subs. (3) and (4) are more than the amount which a candidate may accept under sub. (9), or more than the amount which a candidate elects to accept under sub. (10), the excess moneys shall be retained in the fund.

SB46, s. 151 Section 151. 11.50 (7) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,75,7 11.50 (7) Utilization. (intro.) Grants distributed under this section may be utilized only for deposit in a campaign depository account under s. 11.10. Grants may be expended only for one or more of the following:

SB46, s. 152 Section 152. 11.50 (8) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,75,17 11.50 (8) Lapsing grants. All grants disbursed under sub. (5) remain the property of the state until disbursed or encumbered for a lawful purpose. All grant moneys that are unspent and unencumbered by a candidate on the day after the election in which the candidate participates shall revert to the state. All deposits and refunds derived from grant moneys that are received by a candidate at any time after the day of the election in which the candidate participates shall revert to the state. All reversions shall be returned to the board by the candidate and shall be deposited in the fund.

SB46, s. 153 Section 153. 11.50 (9) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,76,4 11.50 (9) (a) Amount of grants. Except as provided in this paragraph and pars. (ba), (bb), and (c) and sub. (10), the total grant available to an eligible candidate may not exceed that amount which, when added to all other contributions accepted by the candidate from sources other than individuals and political party committees, is equal to 35 percent of the disbursement level specified for the office that the candidate seeks, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9). The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are not exceeded and any violation is reported. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.

SB46,76,16 (ba) Except as provided in par. (c) and sub. (10), if an eligible candidate at a primary or election, or both, who accepts a grant is opposed by one or more candidates who are required, or whose personal campaign committees are required, to file a report under s. 11.12 (8), then the board shall make an additional grant to the eligible candidate who accepts a grant from the account for the applicable office in an amount equal to the total amount or value of disbursements, as reported under s. 11.12 (8), made by the opposing candidate or candidates exceeding the amount specified under s. 11.31 (1) (a) to (de), (e), or (f) for the office which the candidate seeks, as adjusted under s. 11.31 (9), but not more than, together with any additional grant provided under par. (bb), an amount equal to 3 times the amount specified in s. 11.31 (1) (a) to (de), (e), or (f) for the office that the eligible candidate seeks, as adjusted under s. 11.31 (9).

SB46,77,5 (bb) Except as provided in par. (c) and sub. (10), if the sum of the aggregate disbursements and noncandidate election expenditures made against an eligible candidate and the aggregated disbursements and noncandidate election expenditures made for an opponent of that candidate, as reported under ss. 11.065 and 11.12 (6) (c), exceeds 10 percent of the amount specified under s. 11.31 (1) (a) to (de), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), then the board shall make an additional grant to the eligible candidate who accepts a grant from the account for the applicable office in an amount equivalent to the amount of those disbursements and expenditures, as reported under ss. 11.065 and 11.12 (6) (c), but not more than, together with any additional grant provided under par. (ba), an amount equal to 3 times the amount specified in s. 11.31 (1) (a) to (de), (e), or (f) for the office that the eligible candidate seeks, as adjusted under s. 11.31 (9). The board shall immediately file a written copy of its determination with each of the candidates for the office that the candidate seeks.

SB46,77,23 (c) If on any business day the balance within an account in the fund is insufficient to make full payment of grants to all eligible candidates who qualify to receive a grant from that account, the board shall first make full payment of grants to all eligible candidates under par. (a) before making any payments of grants under par. (ba) or (bb), and, if full payments of grants cannot be made to all eligible candidates who qualify to receive a grant on that business day, the board shall proportionately reduce the grants payable to all eligible candidates whose grants are payable from that account for that business day and shall credit any eligible candidate who does not receive full payment with any balance that remains payable to that candidate for that business day. If on any subsequent business day prior to the date of an election at which one or more eligible candidates qualify to receive grants the balance available in the account from which a grant is payable becomes sufficient to make additional grant payments, the board shall make those payments to candidates in the same chronological sequence that the candidates were credited, and, if the balance within an account is insufficient to make full payment of grants to all candidates who have credits of equal priority that would entitle them to receive payments for that business day, the board shall proportionately reduce the grants payments to candidates for that business day.

SB46, s. 154 Section 154. 11.50 (10) of the statutes is created to read:

SB46,78,3 11.50 (10) Voluntary limitation. Any eligible candidate may, by written request, limit his or her participation in the fund to a lesser amount than that authorized under sub. (9).

SB46, s. 155 Section 155. 11.50 (10m) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,78,12 11.50 (10m) Return of grants. An individual who receives a grant prior to an election in which he or she is a candidate and who desires to return any portion of the grant shall return that portion no later than the 2nd Tuesday in October preceding a general election, the 4th Tuesday preceding a spring election, or the 3rd Tuesday preceding a special election. A candidate who returns all or any portion of a grant under this subsection remains bound by the candidate's statement filed under sub. (2) (a).

SB46, s. 156 Section 156. 11.50 (11) (e) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,78,17 11.50 (11) (e) No candidate may expend, authorize the expenditure of or incur any obligation to expend any grant if he or she violates the pledge required under sub. (2) (a) as a precondition to receipt of a grant, except as authorized in sub. (2) (h).

SB46, s. 157 Section 157. 11.50 (13) of the statutes is amended to read:

SB46,78,20 11.50 (13) Donations to fund. Any committee or other person may make an unrestricted contribution to the general account of the fund by gift, bequest or devise.

SB46, s. 158 Section 158. 11.50 (14) of the statutes, as created by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,78,24 11.50 (14) Certifications to secretary of revenue. (a) In each even-numbered year, the board shall certify to the secretary of revenue:

SB46,79,4 1. No later than July 1, the name of each political party that qualifies under sub. (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 sub. (2s) (a).

SB46,79,7 2. No later than December 15, the name of each political party that qualifies under sub. (1) (am) 2. as an eligible political party as of the date of the preceding general election.

SB46,79,9 (b) In each certification under this subsection, the board shall specify the expiration date of the certification.

SB46, s. 159 Section 159. 11.60 (3r) of the statutes, as created by 2001 Wisconsin Act 109, is repealed.

SB46, s. 160 Section 160. 11.60 (3s), (3t) and (3u) of the statutes are created to read:

SB46,79,19 11.60 (3s) Notwithstanding sub. (1), if any candidate or committee, other than a conduit, makes a disbursement for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (de), (e), or (f) without reporting the information required under s. 11.12 (6) (c) or (8) or 11.20 (3) or (4) with respect to that disbursement, to the extent required under ss. 11.12 (6) (c) and (8) and 11.20 (3) and (4), the candidate or committee may be required to forfeit not more than $500 per day for each day of continued violation.

SB46,79,24 (3t) Notwithstanding sub. (1), if any person makes a noncandidate election expenditure for the purpose of making a communication without reporting the information required under s. 11.065, to the extent required under s. 11.065, the person may be required to forfeit not more than $500 for each day of continued violation.

SB46,80,6 (3u) Notwithstanding sub. (1), if any person, including any candidate or committee to whom s. 11.065 or 11.12 (6) (c) or (8) applies, makes one or more disbursements or noncandidate election expenditures for the purpose of supporting or opposing a candidate for an office specified in s. 11.31 (1) (a) to (de), (e), or (f) in an amount or value that differs from the amount reported by that person under s. 11.065, 11.12 (6) (c) or (8), or 11.20 (3) or (4):

SB46,80,8 (a) By more than 5 percent but not more than 10 percent cumulatively, the person shall forfeit 4 times the amount or value of the difference.

SB46,80,10 (b) By more than 10 percent but not more than 15 percent cumulatively, the person shall forfeit 6 times the amount or value of the difference.

SB46,80,12 (c) By more than 15 percent cumulatively, the person shall forfeit 8 times the amount of the difference.

SB46, s. 161 Section 161. 11.60 (4) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,81,6 11.60 (4) Actions under this section arising out of an election for state office or a statewide referendum may be brought by the board or by the district attorney of the county where the violation is alleged to have occurred, except as specified in s. 11.38. Actions under this section arising out of an election for local office or local referendum may be brought by the district attorney of the county where the violation is alleged to have occurred. Actions under this section arising out of an election for county office or a county referendum may be brought by the county board of election commissioners of the county wherein the violation is alleged to have occurred. In addition, whenever a candidate or personal campaign committee or agent of a candidate is alleged to have violated this chapter, action may be brought by the district attorney of any county any part of which is contained within the jurisdiction or district in which the candidate seeks election. If a violation concerns a district attorney or circuit judge or candidate for such offices, the action shall be brought by the attorney general. If a violation concerns the attorney general or a candidate for such office, the governor may appoint special counsel under s. 14.11 (2) to bring suit in behalf of the state. The counsel shall be independent of the attorney general and need not be a state employe at the time of appointment.

SB46, s. 162 Section 162. 11.61 (1) (a) of the statutes, as affected by 2001 Wisconsin Act 109, is repealed and recreated to read:

SB46,81,10 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), or (2g), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6), or 11.24 is guilty of a Class I felony.