SB12: Bill Text

SB12, s. 112 Section 112. 11.50 (2s) of the statutes is created to read:

SB12,55,21 11.50 (2s) Political party accounts. (a) There is established a political party account for each eligible political party whose state chairperson files a written request with the board to establish an account for the party under this subsection. Each political party account consists of all moneys designated by individuals for deposit in that account under s. 71.10 (3) (a).

SB12,56,7 (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 at any election 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 the available moneys in the account to candidates of the political party in the proportion that the available moneys bear to the total amount required to make full payment of all grants payable to candidates of that political party. If any candidate of a political party qualifies to receive a supplemental grant under sub. (9) (ba) or (bb) the board shall first make payment of the supplemental grant from the account of that political party using the method of apportionment provided in this paragraph if necessary.

SB12,56,10 (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.

SB12, s. 113 Section 113. 11.50 (2w) of the statutes is created to read:

SB12,56,14 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).

SB12, s. 114 Section 114. 11.50 (3) of the statutes is repealed.

SB12, s. 115 Section 115. 11.50 (4) of the statutes is repealed.

SB12, s. 116 Section 116. 11.50 (4e) of the statutes is created to read:

SB12,56,25 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 insufficient moneys in the general account to make full payment of a grant, the state treasurer shall supplement the general account from the appropriation under s. 20.855 (4) (ba) in an amount sufficient to make full payment of the grant. Except as provided in sub. (10), the amount of each grant is the amount specified in sub. (9).

SB12, s. 117 Section 117. 11.50 (5) (title) of the statutes is amended to read:

SB12,57,2 11.50 (5) (title) Time of disbursement grant payments.

SB12, s. 118 Section 118. 11.50 (5) of the statutes is renumbered 11.50 (5) (a) and amended to read:

SB12,57,9 11.50 (5) (a) The Except as provided in par. (b), the state treasurer shall make the disbursements to the campaign depository account of each eligible candidate under subs. (3) and (4) by the end of the 3rd business day following notice from the board under s. 7.08 (2) (c) or (cm). Eligible candidates for governor and lieutenant governor of the same political party may combine accounts if desired.

SB12, s. 119 Section 119. 11.50 (5) (b) (c) of the statutes is created to read:

SB12,57,16 11.50 (5) (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).

SB12,57,18 (c) Eligible candidates for governor and lieutenant governor of the same political party may combine campaign depository accounts if desired.

SB12, s. 120 Section 120. 11.50 (6) of the statutes is amended to read:

SB12,57,24 11.50 (6) Excess moneys. If the amounts which are to be apportioned to each amount that is payable to any eligible candidate under subs. (3) and (4) are this section is more than the amount which a candidate may accept under sub. (9), or more than the amount which that a candidate elects to accept under sub. (10), the excess moneys shall be retained in the fund.

SB12, s. 121 Section 121. 11.50 (9) (title) of the statutes is amended to read:

SB12,58,1 11.50 (9) (title) Limitation on Amount of grants.

SB12, s. 122 Section 122. 11.50 (9) of the statutes is renumbered 11.50 (9) (a) and amended to read:

SB12,58,13 11.50 (9) (a) The Except as provided in this paragraph and pars. (ba) and (bb), the total grant available to an eligible candidate may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, and political party committees and legislative campaign committees, is equal to 45 35 percent of the disbursement level specified for the applicable 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.

SB12, s. 123 Section 123. 11.50 (9) (ba) and (bb) of the statutes are created to read:

SB12,58,25 11.50 (9) (ba) 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 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 for 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).

SB12,59,9 (bb) If the sum of the aggregate disbursements made by committees against an eligible candidate and the aggregate disbursements made by committees for that candidate's opponent, as reported under s. 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 eligible candidate seeks as adjusted under s. 11.31 (9), then the board shall make an additional grant to the eligible candidate in an amount equal to that sum 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).

SB12, s. 124 Section 124. 11.50 (11) (e) of the statutes is amended to read:

SB12,59,14 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) or (i).

SB12, s. 125 Section 125. 11.50 (13) of the statutes is amended to read:

SB12,59,17 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.

SB12, s. 126 Section 126. 11.50 (14) of the statutes is created to read:

SB12,59,20 11.50 (14) Certifications to secretary of revenue. (a) In each even-numbered year, the board shall certify to the secretary of revenue:

SB12,59,24 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 written request to establish an account for the party under sub. (2s) (a).

SB12,60,4 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 and whose state chairperson has filed a written request to establish an account for the party under sub. (2s) (a).

SB12,60,6 (b) In each certification under this subsection, the board shall specify the expiration date of the certification.

SB12, s. 127 Section 127. 11.60 (3s) and (3u) of the statutes are created to read:

SB12,60,14 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) and 11.21 (16), the candidate or committee may be required to forfeit not more than $500 per day for each day of continued violation.

SB12,60,19 (3u) Notwithstanding sub. (1), if any person, including any candidate or committee to whom s. 11.12 (6) (c) or (8) applies, makes any 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) in an amount or value that differs from the amount reported by that person under s. 11.12 (6) (c) or (8), 11.20 (3) or (4), or 11.21 (16):

SB12,60,21 (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.

SB12,60,23 (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.

SB12,60,25 (c) By more than 15 percent cumulatively, the person shall forfeit 8 times the amount of the difference.

SB12, s. 128 Section 128. 11.60 (4) of the statutes is amended to read:

SB12,61,18 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 for 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 a local referendum may be brought by the district attorney of for 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. 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 employee at the time of appointment. 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 for any county any part of which is contained within the jurisdiction or district in which the candidate seeks election.

SB12, s. 129 Section 129. 11.61 (1) (a) of the statutes is amended to read:

SB12,61,21 11.61 (1) (a) Whoever intentionally violates s. 11.05 (1), (2), or (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6), or 11.24 (1) is guilty of a Class I felony.

SB12, s. 130 Section 130. 20.510 (1) (q) of the statutes is amended to read:

SB12,62,2 20.510 (1) (q) Wisconsin election campaign fund. As a continuing appropriation, from the Wisconsin election campaign fund, the moneys determined under s. 11.50 to provide for payments to eligible candidates certified under s. 7.08 (2) (c) and (cm).

SB12, s. 131 Section 131. 20.855 (4) (ba) of the statutes is created to read:

SB12,62,9 20.855 (4) (ba) Wisconsin election campaign fund supplement. A sum sufficient equal to the amount required to make full payment of grants which candidates qualify to receive from the Wisconsin election campaign fund, to be transferred from the general fund to the Wisconsin election campaign fund whenever candidates qualify to receive grants under s. 11.50 (9) no later than the time required to make payments of grants under s. 11.50 (5).

SB12, s. 132 Section 132. 25.42 of the statutes is amended to read:

SB12,62,17 25.42 Wisconsin election campaign fund. All moneys appropriated under s. 20.855 (4) (b) and (ba) together with all moneys reverting to the state under s. ss. 8.35 (4) (a), 11.07 (5), 11.12 (2), 11.16 (2), 11.19 (1), 11.23 (2), and 11.38 (6), all moneys reverting to the state under s. 11.50 (8), and all gifts, bequests and devises received under s. 11.50 (13) constitute the Wisconsin election campaign fund, to be expended for the purposes of s. 11.50. All moneys in the fund not disbursed by the state treasurer shall continue to accumulate indefinitely.

SB12, s. 133 Section 133. 71.07 (6n) of the statutes is created to read:

SB12,62,20 71.07 (6n) Public Integrity Endowment tax credit. (a) Definitions. In this subsection:

SB12,62,22 1. "Claimant" means an individual who makes a contribution and files a claim under this subsection.

SB12,62,25 2. "Contribution" means a contribution, as defined in s. 11.01 (6), made to the Public Integrity Endowment created under 2005 Wisconsin Act .... (this act), section 137 (1 ).

SB12,63,4 (b) Filing claims. Subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.02 or 71.08, up to the amount of those taxes, an amount equal to the claimant's contribution in the taxable year to which the claim relates.

SB12,63,6 (c) Limitations. No credit may be allowed under this subsection unless it is claimed within the time period under s. 71.75 (2).

SB12,63,8 (d) Administration. Subsection (9e) (d), to the extent that it applies to the credit under that subsection, applies to the credit under this subsection.

SB12, s. 134 Section 134. 71.10 (3) (a) and (b) of the statutes are amended to read:

SB12,63,21 71.10 (3) (a) Every individual filing an income tax return who has a tax liability or is entitled to a tax refund may designate $1 $5 for transfer to the Wisconsin election campaign fund for the use of eligible candidates under s. 11.50. If the individuals filing a joint return have a tax liability or are entitled to a tax refund, each individual may make a designation of $1 $5 under this subsection. Each individual making a designation shall indicate whether the amount designated by the individual shall be placed in the general account for the use of all eligible candidates for state office, or in the account of an eligible political party whose name is certified to the secretary of revenue under s. 11.50 (14). If an individual does not indicate that the amount of his or her designation shall be placed in the account of a particular eligible political party, that amount shall be placed in the general account.

SB12,64,10 (b) The secretary of revenue shall provide a place for those designations under par. (a) on the face of the individual income tax return and shall provide place next to that place a statement that a designation will not increase tax liability. Annually on August 15, the secretary of revenue shall certify to the elections board, the department of administration and the state treasurer under s. 11.50 the total amount of designations made during the preceding fiscal year. No later than the15th day of each month, the secretary of revenue shall certify to the elections board, the department of administration, and the state treasurer the total amount of designations made on returns processed by the department of revenue during the preceding month and the amount of designations made during that month for the general account and for the account of each eligible political party. If any individual attempts to place any condition or restriction upon a designation not authorized under par. (a), that individual is deemed not to have made a designation on his or her tax return.

SB12, s. 135 Section 135. 71.10 (4) (ds) of the statutes is created to read:

SB12,64,12 71.10 (4) (ds) The Public Integrity Endowment tax credit under s. 71.07 (6n).

SB12, s. 136 Section 136. 806.041 of the statutes is created to read:

SB12,64,18 806.041 Campaign finance registration. Any person who proposes to publish, disseminate, or broadcast, or causes to be published, disseminated, or broadcast, any communication may commence a proceeding under s. 806.04 to determine the application to that person of a registration requirement under s. 11.05 (1), (2), or (2g).

SB12, s. 137 Section 137 . Nonstatutory provisions.

SB12,65,5 (1) Public Integrity Endowment. The executive director of the elections board shall prepare and file articles of incorporation for the incorporation under chapter 181 of the statutes of an organization to be known as the "Public Integrity Endowment." The executive director shall ensure that the organization is structured so that it will qualify as a nonprofit organization, as defined in section 108.02 (19) of the statutes. The executive director shall specify in the articles of incorporation that the sole purpose of the foundation shall be to solicit contributions for the purpose of, before January 1, 2009, supplementing the assets of the Wisconsin election campaign fund and, after December 31, 2008, supplementing the assets of the general account of that fund, and transferring those contributions, after deduction of solicitation costs, to that fund or account.

SB12,65,9 (2) Wisconsin election campaign fund balance transfer. The balance in the Wisconsin election campaign fund on the effective date of this subsection is credited to the general account of the Wisconsin election campaign fund established under section 11.50 (2w) of the statutes, as created by this act.

SB12,65,14 (3) Nonseverability. Notwithstanding section 990.001 (11) of the statutes, if a court finds that all or any portion of section 11.12 (6) (c) or (8), 11.26 (8m), or 11.50 (9) (ba) or (bb) of the statutes, as affected by this act, is unconstitutional, then sections 11.12 (6) (c) and (8), 11.26 (8m), and 11.50 (9) (ba) and (bb) of the statutes, as affected by this act, are void in their entirety.

SB12, s. 138 Section 138. Initial applicability.

SB12,65,17 (1) Except as provided in subsection (2), this act first applies to elections held on the effective date of this subsection.

SB12,65,19 (2) The treatment of section 11.31 (9) of the statutes first applies to adjustments for the biennium beginning on January 1, 2010.

SB12,65,24 (3) The treatment of sections 71.07 (6n) and 71.10 (3) (a) and (b) and (4) (ds) of the statutes first applies to taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31 the treatment first applies to taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

SB12, s. 139 Section 139. Effective dates. This act takes effect on January 1, 2008, or on the day after publication, whichever is later, except as follows:

SB12,66,3 (1) Section 137 (1 ) takes effect on the day after publication.

SB12,66,4 (End)