SB12: Bill Text

Current law requires that free time on public broadcasting television stations and public access channels be provided to candidates for state office. Under current law, the Federal Communications Commission grants licenses for the operation of public broadcasting television stations. Also under current law, a city, village, or town is authorized to grant a franchise to a person that allows that person to operate a cable television system in the city, village, or town. Under the franchise, the person may be required to provide cable television channels that the city, village, or town may use for public, educational, or governmental purposes. A channel that is used exclusively for public, rather than educational or governmental purposes, is commonly referred to as a public access channel. A city, village, or town may operate a public access channel, or a city, village, or town may allow another person to operate the channel. Current law requires the Elections Board to promulgate rules that require licensees of public broadcasting stations and operators of public access channels to provide a minimum amount of free time to candidates for state office at general, spring, and special elections. The rules must require the same amount of time for each candidate for a particular state office, but may require different amounts of time for different offices.

This bill repeals these provisions.

Individual income tax credit

This bill creates a nonrefundable individual income tax credit for contributions to the Public Integrity Endowment. Under the bill, an individual may claim as an income tax credit, up to the amount of the individual's income tax liability, any amount that he or she contributes to the Public Integrity Endowment. If a married couple files a joint return, each spouse may claim the credit.

Initial applicability

All campaign finance changes under the bill apply to elections held on or after January 1, 2008, except that the directive to incorporate a Public Integrity Endowment takes effect on the day on which the bill becomes law. Under the bill, changes to the income tax checkoff and the creation of an individual income tax credit for contributions to the endowment apply to taxable years beginning on January 1 of the year in which the bill becomes law, if the bill becomes law by July 31, in any year, or otherwise to taxable years beginning on January 1 of the following year.

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 and obligations by candidates and special interest committees; 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 disbursements by candidates or independent disbursements or obligations, including those that are reportable under current law; and c) parts relating to prohibiting contributions from being made by committees to special interest committees.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

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

SB12, s. 1 Section 1. 5.02 (13) of the statutes is amended to read:

SB12,13,7 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 legislative campaign committee or a committee filing an oath under s. 11.06 (7).

SB12, s. 2 Section 2. 7.08 (2) (c) and (cm) of the statutes are amended to read:

SB12,14,11 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, 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 whom the board determines to be are eligible to receive payments grants from the Wisconsin election campaign fund. The board shall also electronically transmit a similar list containing the name of each candidate whom the board determines is eligible to receive a grant under s. 11.50 (9) (ba) or (bb) within 24 hours after the 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.

SB12,14,25 (cm) As soon as possible after the canvass of a special primary, or the date that the primary would be held, if required, 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 whom the board determines to be eligible to receive a grant grants from the Wisconsin election campaign fund prior to the election. The board shall also transmit a similar list of candidates, if any, who have filed applications under s. 11.50 (2) and whom the board determines to be eligible to receive a grant grants under s. 11.50 (1) (a) 2. 1. b. after the special election. The board shall electronically transmit a similar list containing the name of each candidate whom the board determines is eligible to receive a grant under s. 11.50 (9) (ba) or (bb) within 24 hours after the 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.

SB12, s. 3 Section 3. 7.08 (2) (cs) of the statutes is created to read:

SB12,15,4 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:

SB12,15,8 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 written request to establish an account for the party under s. 11.50 (2s) (a).

SB12,15,12 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).

SB12, s. 4 Section 4. 8.30 (2) of the statutes is amended to read:

SB12,15,21 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) or (2r) by the applicable deadline for filing nomination papers by such 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 an individual from applicable penalties if the individual is a candidate, as defined in s. 11.01 (1), and he or she files a registration statement later than the time prescribed in ss. 11.01 (1) and s. 11.05 (2g).

SB12, s. 5 Section 5. 8.35 (4) (a) 1. a. and b. of the statutes are amended to read:

SB12,16,5 8.35 (4) (a) 1. a. Donated to the former candidate's local or state political party if If the former candidate was a partisan candidate or, donated to the former candidate's local or state political party, donated to the a charitable organization of the former candidate's choice or the charitable organization chosen, 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, as instructed by the former candidate's next of kin if the former candidate is deceased, or if no choice is made returned to the donors on a proportional basis; or

SB12,16,11 b. If the former candidate was a nonpartisan candidate, donated to the a charitable organization of the former candidate's choice or the or the charitable organization chosen 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, as instructed by the former candidate's next of kin if the former candidate is deceased; or

SB12, s. 6 Section 6. 8.35 (4) (c) and (d) of the statutes are amended to read:

SB12,16,23 8.35 (4) (c) The transfer to the replacement candidate under par. (b) shall be made and reported to the appropriate filing officer in a special report submitted in a special report submitted 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 file the report and make the transfer required by par. (b), if any and file the report. The report shall be made at the appropriate interval under s. 11.20 (2) or (4) or in the manner required under s. 11.21 (16), if applicable, 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.

SB12,17,2 (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 or in the manner required under s. 11.21 (16), if applicable. The appointed candidate shall include any transferred funds moneys in his or her first report.

SB12, s. 7 Section 7. 11.001 (2m) of the statutes is created to read:

SB12,17,11 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, an office to be filled at that election, or a political party in order to permit increased funding for candidates who are affected by those communications. The legislature finds that 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.

SB12, s. 8 Section 8. 11.01 (12s) of the statutes is repealed.

SB12, s. 9 Section 9. 11.01 (16) (a) 3. of the statutes is created to read:

SB12,17,20 11.01 (16) (a) 3. A communication that is made by means of one or more communications media, other than a communication that is exempt from reporting under s. 11.29, that is made during the period beginning on the 60th day preceding an election and ending on the date of that election, and that includes a reference to a candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that election, a reference to an office to be filled at that election, or a reference to a political party.

SB12, s. 10 Section 10. 11.01 (17g) and (17r) of the statutes are repealed.

SB12, s. 11 Section 11. 11.05 (1) of the statutes is renumbered 11.05 (1) (a) and amended to read:

SB12,18,6 11.05 (1) (a) Except as provided in s. 9.10 (2) (d), every committee, other than a personal campaign committee, and every political group subject to a registration requirement under s. 11.23 which 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 The statement shall be filed by the treasurer. A personal campaign committee shall register under sub. (2g) or (2r).

SB12, s. 12 Section 12. 11.05 (1) (b) of the statutes is created to read:

SB12,18,11 11.05 (1) (b) Every political group subject to registration under s. 11.23 that 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).

SB12, s. 13 Section 13. 11.05 (2) of the statutes is renumbered 11.05 (2) (a) and amended to read:

SB12,18,21 11.05 (2) (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 paragraph solely as a result of such default.

SB12, s. 14 Section 14. 11.05 (2) (b) of the statutes is created to read:

SB12,19,2 11.05 (2) (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).

SB12, s. 15 Section 15. 11.05 (2r) of the statutes is renumbered 11.06 (2m) (a) and amended to read:

SB12,19,25 11.06 (2m) (a) Any person, committee or group, other than a committee or an individual or committee required to file an oath under s. 11.06 (7) 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 any calendar 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 such 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 that any calendar year, whichever is earlier. If the revocation is not timely, the registrant violates s. 11.27 (1).

SB12, s. 16 Section 16. 11.05 (3) (c) of the statutes is amended to read:

SB12,20,5 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 legislative campaign committee, a support committee, or a special interest committee.

SB12, s. 17 Section 17. 11.05 (3) (m) of the statutes is created to read:

SB12,20,9 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.

SB12, s. 18 Section 18. 11.05 (3) (o) of the statutes is repealed.

SB12, s. 19 Section 19. 11.05 (3) (r) of the statutes is created to read:

SB12,20,14 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.

SB12, s. 20 Section 20. 11.05 (3) (s) of the statutes is created to read:

SB12,20,20 11.05 (3) (s) In the case of a registrant that has made a communication identified in s. 11.01 (16) (a) 3., a report containing the information specified in s. 11.06 (1) with respect to any obligation to make a disbursement incurred or any disbursement made for the purpose of making such a communication prior to registration.

SB12, s. 21 Section 21. 11.05 (5) of the statutes is amended to read:

SB12,21,11 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 sub. (2r) s. 11.06 (2m), which shall be reported no later than the date that a registrant is subject to a filing requirement under sub.(2r) 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.

SB12, s. 22 Section 22. 11.05 (5r) of the statutes is created to read:

SB12,21,16 11.05 (5r) Contribution prior to registration prohibited. (a) Except as provided in sub. (13), no person, committee, or group that is subject to a registration requirement may make any contribution prior to the date of registration under this section.

SB12,21,19 (b) No registrant may accept any contribution received from a person, committee, or group that is subject to a registration requirement prior to the date of registration of that person, committee, or group.

SB12, s. 23 Section 23. 11.05 (9) (title) of the statutes is repealed and recreated to read:

SB12,21,21 11.05 (9) (title) Deposit of contributions; conduits.

SB12, s. 24 Section 24. 11.05 (9) (b) of the statutes is amended to read:

SB12,22,3 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, legislative campaign, political party, or support committee.

SB12, s. 25 Section 25. 11.05 (12) (title) of the statutes is amended to read:

SB12,22,5 11.05 (12) (title) Time of registration; acceptance of unlawful contributions.

SB12, s. 26 Section 26. 11.05 (12) (b) of the statutes is amended to read:

SB12,22,15 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 $25 in the aggregate 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.

SB12, s. 27 Section 27. 11.05 (13) of the statutes is amended to read:

SB12,22,23 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.

SB12, s. 28 Section 28. 11.06 (1) (intro.) of the statutes is amended to read:

SB12,23,7 11.06 (1) Contents of report. (intro.) Except as provided in subs. (2), (3) and (3m) and ss. 11.05 (2r) and (2m) 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:

SB12, s. 29 Section 29. 11.06 (1) (e) of the statutes is amended to read:

SB12,23,12 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.

SB12, s. 30 Section 30. 11.06 (2) of the statutes is amended to read:

SB12,23,24 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, and the disbursement does not constitute a contribution to any candidate or other individual, committee, or group, and the disbursement is not made or the obligation is not incurred for the purpose of making a communication specified in s. 11.01 (16) (a) 3., 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, legislative campaign, personal campaign or support committee.

SB12, s. 31 Section 31. 11.06 (2m) (title) of the statutes is created to read:

SB12,24,1 11.06 (2m) (title) General reporting exemptions.

SB12, s. 32 Section 32. 11.06 (2m) (b) to (d) of the statutes are created to read:

SB12,24,21 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 any 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 $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.

SB12,25,16 (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 and does not anticipate accepting any contribution or contributions from a single source exceeding $100 in any 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 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, 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.

SB12,25,18 (d) If a revocation by a registrant under this subsection is not timely, the registrant violates s. 11.27 (1).

SB12, s. 33 Section 33. 11.06 (3) (b) (intro.) of the statutes is amended to read:

SB12,25,23 11.06 (3) (b) (intro.) Notwithstanding sub. (1), a A nonresident registrant shall report on a form prescribed by the board the applicable information ensure that the report under sub. (1) separately states information under sub. (1) concerning all of the following, in a manner prescribed by the board:

SB12, s. 34 Section 34. 11.06 (3r) of the statutes is repealed.

SB12, s. 35 Section 35. 11.06 (3w) of the statutes is repealed.

SB12, s. 36 Section 36. 11.06 (4) (b) of the statutes is amended to read:

SB12,26,7 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 subsection paragraph applies notwithstanding the fact that the contribution is not deposited in the a campaign depository account by the closing date for the reporting period as provided in s. 11.20 (8) or the reporting deadline provided in s. 11.21 (16) if applicable.

SB12, s. 37 Section 37. 11.06 (5) of the statutes is amended to read:

SB12,26,18 11.06 (5) Report must be complete. A registered individual or treasurer of a group or committee shall make a good faith effort to obtain all required information. The first report shall commence no later than the date that the first contribution is received and accepted or the first disbursement is made. Each report shall be filed with the appropriate filing officer on the dates designated in s. 11.20 and, if the registrant files reports under s. 11.21 (16), at the times specified in s. 11.21 (16). The individual or the treasurer of the group or committee shall certify to the correctness of each report. In the case of a candidate, the candidate or treasurer shall certify to the correctness of each report. If a treasurer is unavailable, any person designated as a custodian under s. 11.05 (3) (e) may certify to the correctness of a report.