SB171,9,3
1(6) "Excess qualifying contribution amount" means the amount of qualifying
2contributions accepted by a candidate beyond the number or dollar amount of
3contributions required to qualify a candidate for a public financing benefit.
SB171,9,6
4(7) "Exploratory period" means the period that begins after the date of a spring
5election and ends on the first day of the public financing qualifying period for the next
6election for justice.
SB171,9,8
7(9) "Immediate family," when used with reference to a candidate, includes the
8candidate's spouse and children.
SB171,9,13
9(10) "Independent disbursement" means a disbursement by a person expressly
10advocating the election or defeat of a clearly identified candidate which is made
11without cooperation or consultation with a candidate, or any authorized committee
12or agent of a candidate, and which is not made in concert with, or at the request or
13suggestion of, any candidate, or any authorized committee or agent of a candidate.
SB171,9,16
14(11) "Nonparticipating candidate" means a candidate for the office of justice
15who does not apply for a public financing benefit or who is otherwise ineligible or fails
16to qualify for a public financing benefit under ss. 11.502 to 11.522.
SB171,9,18
17(12) "Personal funds" means funds contributed by a candidate or a member of
18a candidate's immediate family.
SB171,9,22
19(13) "Primary election campaign period" means the period beginning on the
20day after the last day prescribed by law for filing nomination papers for that office
21and ending on the day of the spring primary election for that office or the day on
22which the primary election would be held, if required.
SB171,9,25
23(14) "Public financing qualifying period" means the period beginning on the
24first day of July of any year and ending on the day before the beginning of the primary
25election campaign period for that office.
SB171,10,3
1(15) "Qualifying contribution" means a contribution made to a candidate by an
2elector of this state during the public financing qualifying period, which is
3acknowledged by written receipt identifying the contributor.
SB171,10,9
4(16) "Seed money contribution" means a contribution in an amount of not more
5than $100 made to a candidate by an elector of the jurisdiction or district in which
6the candidate seeks office during the exploratory period or the public financing
7qualifying period, or a contribution made to a candidate consisting of personal funds
8of that candidate in an amount not more than the amount authorized under s. 11.507
9during the exploratory period or the public financing qualifying period.
SB171,10,18
1011.502 Qualification; certification.
(1) Before a candidate for justice in the
11primary election may be certified as an eligible candidate to receive a public
12financing benefit for the primary election campaign period, the candidate shall apply
13to the board for a public financing benefit and file a sworn statement that the
14candidate has complied and will comply with all requirements of this section and ss.
1511.503 to 11.522 throughout the applicable campaign, which includes the primary
16and election for that office. A candidate shall file the application and statement no
17later than the beginning of the primary election campaign period for the office that
18the candidate seeks.
SB171,10,23
19(2) A candidate shall be certified by the board as an eligible candidate for
20receipt of public financing for a primary election if the candidate complies with sub.
21(1) and receives at least 1,000 qualifying contributions in amounts equal to not less
22than $5 nor more than $100 and in an aggregate amount of not less than $5,000 nor
23more than $15,000 before the close of the public financing qualifying period.
SB171,11,3
1(3) The board shall verify a candidate's compliance with the requirements of
2sub. (2) by such verification and sampling techniques as the board considers
3appropriate.
SB171,11,4
4(4) Each candidate shall:
SB171,11,65
(a) Acknowledge each qualifying contribution by a receipt to the contributor
6which contains the contributor's name and home address.
SB171,11,107
(b) No later than the 15th or the last day of the month which immediately
8follows the date of receipt of a qualifying contribution, whichever comes first, file a
9copy of the receipt under par. (a) with the board, except that during July, August, and
10September a copy need only be filed on the last day of the month.
SB171,11,12
11(5) A qualifying contribution may be utilized only for the purpose of making
12a disbursement authorized by law.
SB171,11,20
1311.503 Time of application. (1) Before a candidate may be certified as
14eligible for receipt of public financing for a spring election, the candidate shall apply
15to the board and file a sworn statement that the candidate has fulfilled all the
16requirements of ss. 11.502 to 11.522 during the primary election campaign period
17and will comply with such requirements during the election campaign period.
18Except as authorized in s. 8.35 (4) (b), the application shall be filed no later than the
197th day after the date of the spring primary election or the day on which the primary
20election would be held if a primary were required.
SB171,11,23
21(2) The board shall certify a candidate as an eligible candidate for receipt of
22public financing for a spring election if the candidate complies with sub. (1) and the
23candidate was an eligible candidate during the primary election campaign period.
SB171,12,6
2411.505 Agreement by candidate. An eligible candidate who accepts a public
25financing benefit under ss. 11.502 to 11.522 during the primary election campaign
1period shall agree to comply with all requirements of ss. 11.502 to 11.522 throughout
2the election campaign period during the same campaign as a precondition to receipt
3of public financing. An eligible candidate who accepts a public financing benefit
4during a primary election campaign period may not elect to accept private
5contributions in violation of ss. 11.502 to 11.522 during the corresponding election
6campaign period.
SB171,12,10
711.506 Requirements imposed upon candidates. (1) An eligible
8candidate may not accept private contributions other than seed money contributions
9and qualifying contributions that the candidate accepts during the exploratory
10period and the public financing qualifying period.
SB171,12,18
11(2) In addition to reports required to be filed under ss. 11.12 (5) and 11.20, a
12candidate who receives a public financing benefit shall furnish complete financial
13records, including records of seed money contributions, qualifying contributions, and
14disbursements, to the board on the 15th or the last day of the month that
15immediately follows the receipt of the contribution or the making of the
16disbursement, whichever comes first, except that during July, August, and
17September records need only be furnished on the last day of the month. Each such
18candidate shall cooperate with any audit or examination by the board.
SB171,13,2
19(3) In addition to adhering to requirements imposed under ss. 11.06 (5) and
2011.12 (3), a candidate who receives a public financing benefit shall maintain records
21of all contributions received by the candidate of more than $5 but less than $50,
22including seed money contributions and qualifying contributions, which shall
23contain the full name of the contributor and the contributor's full home address. In
24addition, if a contributor's aggregate contributions to any candidate exceed $50 for
25any campaign, the candidate shall also maintain a record of the contributor's
1principal occupation and the name and business address of the contributor's place
2of employment.
SB171,13,4
3(4) The failure to record or provide the information specified in sub. (3)
4disqualifies a contribution from counting as a qualifying contribution.
SB171,13,7
5(5) No eligible candidate and no person acting on a candidate's behalf may
6deposit any contribution that is not recorded in accordance with sub. (3) in a
7candidate's campaign depository account.
SB171,13,11
8(6) No eligible candidate may accept more than $25 in cash from any
9contributor and no such candidate may accept cash from all sources in a total amount
10greater than one-tenth of 1 percent of the public financing benefit for the office that
11the candidate seeks or $500, whichever is greater.
SB171,13,14
1211.507 Personal funds of candidates.
(1) The personal funds of a candidate
13contributed as seed money contributions may not exceed an aggregate amount of
14$5,000.
SB171,13,16
15(2) No eligible candidate may make any disbursement derived from personal
16funds after the close of the public financing qualifying period.
SB171,13,23
1711.508 Seed money contributions. (1) An eligible candidate may accept
18seed money contributions from any individual or committee prior to the end of the
19public financing qualifying period, provided the total contributions received from one
20contributor, except personal funds and qualifying contributions otherwise permitted
21under ss. 11.502 to 11.522, do not exceed $100, and the aggregate contributions,
22including personal funds, but not including qualifying contributions, do not exceed
23$5,000.
SB171,14,3
1(2) An eligible candidate may make disbursements derived from seed money
2contributions only during the exploratory period and the public financing qualifying
3period.
SB171,14,12
411.509 Excess contributions. If an eligible candidate receives excess seed
5money contributions or qualifying contributions on an aggregate basis, the
6candidate may retain the contributions and make disbursements derived from the
7contributions, in an amount not exceeding $15,000. An amount equivalent to the
8excess contributions shall be deducted by the board from the candidate's public
9financing benefit. A candidate shall return to the board all seed money and
10qualifying contributions that exceed the limits prescribed in this section within 48
11hours after the end of the exploratory period. The board shall deposit all
12contributions returned under this section in the democracy trust fund.
SB171,14,19
1311.51 Certification by candidate. (1) To apply for a public financing benefit,
14a candidate shall certify to the board that the candidate has complied and will
15comply, throughout the applicable campaign, with all requirements of ss. 11.502 to
1611.522 and that all disclosures required as of the time of application have been made,
17and shall present evidence of the requisite number of qualifying contributions
18received by the candidate. The candidate's request for certification shall be signed
19by the candidate and the candidate's campaign treasurer.
SB171,14,25
20(2) The board shall distribute to each eligible candidate at the spring primary
21election a check for the amount of the public financing benefit payable to the
22candidate promptly after the candidate demonstrates his or her eligibility and, in
23any event, not later than 5 days after the end of the public financing qualifying
24period; however, no candidate may utilize a check received under this subsection
25until the beginning of the primary election campaign period.
SB171,15,7
1(3) The board shall distribute to each eligible candidate for justice at a spring
2election a check for the amount of the public financing benefit payable to the
3candidate not later than 48 hours after the date of the spring primary election for the
4office of justice, or the date that the primary election would be held if a primary were
5required. However, no candidate for a particular office shall receive a check until all
6candidates for the office of justice who apply and qualify for a public financing benefit
7have been certified as eligible candidates.
SB171,15,11
8(4) If any candidate who receives a public financing benefit violates the
9requirements of ss. 11.502 to 11.522, the board shall require the candidate to repay
10all public funds received by the candidate to the board. The board shall deposit all
11repayments received under this subsection in the democracy trust fund.
SB171,15,21
1211.511 Public financing benefits. (1) The board shall provide to each
13eligible candidate who qualifies to receive a public financing benefit for the primary
14or election campaign period separate checks for the public financing benefits payable
15to the candidate for the primary and election campaign periods in the amounts
16specified in this section, subject to any required adjustment under s. 11.509, 11.512
17(2) or 11.513 (2). An eligible candidate may use this public financing benefit to
18finance any lawful disbursements during the primary and election campaign periods
19to further the election of the candidate in that primary or election. An eligible
20candidate may not use this public financing benefit to repay any loan, or in violation
21of ss. 11.502 to 11.522 or any other applicable law.
SB171,15,23
22(2) Except as provided in ss. 11.512 (2) and 11.513 (2), the public financing
23benefit for a primary election campaign period is $100,000.
SB171,15,25
24(3) Except as provided in ss. 11.512 (2) and 11.513 (2), the public financing
25benefit for an election campaign period is $300,000.
SB171,16,3
1(4) If there is no spring primary election for the office of justice, no eligible
2candidate may receive a public financing benefit for the primary election campaign
3period.
SB171,16,8
4(5g) An eligible candidate who receives a public financing benefit in the
5primary election campaign period and whose name is certified to appear on the ballot
6at the election following that primary may utilize any unencumbered balance of the
7public financing benefit received by the candidate in the primary election campaign
8period for the election campaign period.
SB171,16,13
9(5r) Except as permitted in sub. (5g), an eligible candidate who receives a
10public financing benefit and who does not encumber or expend some portion of the
11benefit for a purpose described in sub. (1) shall return any unencumbered portion of
12the benefit to the board within 30 days after the primary or election in which the
13candidate participates.
SB171,16,18
14(6) Notwithstanding subs. (2) and (3), beginning on July 1, 2010, and every 2
15years thereafter, the board shall modify the public financing benefits provided for in
16subs. (2) and (3) to adjust for the change in the consumer price index, all items, U.S.
17city average, published by the U.S. department of labor for the preceding 2-year
18period ending on December 31.
SB171,17,15
1911.512 Financial activity by nonparticipating candidates. (1) In
20addition to other reports required by law, a nonparticipating candidate for an office
21at a primary or election who receives contributions or makes or obligates to make
22disbursements in an amount more than 5 percent greater than the public financing
23benefit applicable to an eligible candidate for the same office at the same primary or
24election shall file a report with the board itemizing the total contributions received
25and disbursements made or obligated to be made by the candidate as of the date of
1the report. The board shall transmit copies of the report to all candidates for the
2same office at the same election. A nonparticipating candidate shall file additional
3reports after the candidate receives each additional $1,000 of contributions, or the
4candidate makes or obligates to make each additional $1,000 of disbursements. If
5such contributions are received or such disbursements are made or obligated to be
6made more than 6 weeks prior to the date of the primary election at which the name
7of the candidate appears on the ballot, or prior to the date that the primary election
8would be held, if a primary were required, such reports shall be made at the next
9regular reporting interval under s. 11.506. If such contributions are received or such
10disbursements made or obligated to be made within 6 weeks prior to the date of the
11primary election at which the name of the candidate appears on the ballot, or within
126 weeks prior to the date that the primary election would be held, if a primary were
13required, such reports shall be made within 24 hours after each instance in which
14such contributions are received, or such disbursements are made or obligated to be
15made.
SB171,17,19
16(2) Upon receipt of such information, the state treasurer shall immediately
17issue a check to an opposing eligible candidate in an additional amount equivalent
18to the total excess disbursements made or obligated to be made, but not to exceed 3
19times the public financing benefit for the applicable office.
SB171,18,6
2011.513 Independent disbursements. (1) If any person makes, or becomes
21obligated to make, by oral or written agreement, an independent disbursement in
22excess of $1,000 with respect to a candidate for the office of justice at a spring primary
23or election, that person shall file with the board a notice of such disbursement or
24obligation to make such a disbursement. Any such person shall file reports of such
25disbursements or obligations to make such disbursements on the 15th or last day of
1the month that immediately follows the date of the disbursement or the obligation
2to make the disbursement, whichever comes first, except that, within 6 weeks prior
3to the date of the spring primary election, the person shall file such reports within
424 hours after each independent disbursement is made or obligated to be made. Any
5such person shall file additional reports after each additional $1,000 of
6disbursements are made or obligated to be made.
SB171,18,12
7(2) When the aggregate independent disbursements against an eligible
8candidate for an office or for the opponents of that candidate exceed 20 percent of the
9public financing benefit for that office in any campaign, the board shall immediately
10credit that candidate's account with an additional line of credit equivalent to the total
11disbursements made or obligated to be made, but not to exceed 3 times the public
12financing benefit for the applicable office.
SB171,18,14
1311.515 Democracy trust fund. The democracy trust fund shall be
14administered by the state treasurer.
SB171,18,17
1511.516 Administration. Except as otherwise specifically provided in ss.
1611.501 to 11.522, the duties of and authority for administering and enforcing ss.
1711.501 to 11.522 are vested in the board.
SB171,18,23
1811.517 Penalties; enforcement. (1) Notwithstanding s. 11.60 (1), if an
19eligible candidate makes disbursements that exceed the total amount of the public
20financing benefit allocated to the candidate for any campaign and the total
21qualifying and seed money contributions lawfully accepted by the candidate, the
22candidate may be required to forfeit not more than 10 times the amount by which the
23disbursements exceed the allocation.
SB171,19,2
24(2) Notwithstanding s. 11.60 (1), any eligible candidate who accepts
25contributions in excess of any limitation imposed under ss. 11.502 to 11.522 may be
1required to forfeit not more than 10 times the amount by which the contributions
2exceed the applicable limitation.
SB171,19,10
3(3) If the board finds that there is probable cause to believe that a candidate
4has made excess disbursements or has accepted excess contributions contrary to sub.
5(1) or (2), the board shall attempt for a period of not more than 14 days after its
6finding to correct the matter by informal methods of conference and conciliation and
7to enter into a settlement and conciliation agreement under s. 5.05 (1) (c) with the
8person involved. A settlement and conciliation agreement made pursuant to this
9subsection shall be a matter of public record. Unless violated, a settlement and
10conciliation agreement is a bar to any civil action under sub. (4).
SB171,19,16
11(4) If the board has probable cause to believe that a candidate has made excess
12disbursements or has accepted excess contributions and the board is unable to
13correct the matter by informal methods within the time prescribed in sub. (3), the
14board shall make a public finding of probable cause in the matter. After making a
15public finding, the board may bring a civil action against the candidate as provided
16in s. 5.05 (1) (c).
SB171,19,24
17(5) If an elector believes that a candidate has violated ss. 11.502 to 11.522 and
18the elector is entitled to vote for or against the candidate in the election in connection
19with which the violation is alleged to occur, the elector may file a complaint with the
20board requesting it to take remedial action. If the board refuses to take remedial
21action or, within 30 days after the filing of such a complaint, fails to take remedial
22action, the elector may commence a civil action requesting the court to impose a
23forfeiture under sub. (1) or (2) in circuit court for the county where the board is
24authorized to bring an action under s. 5.05 (1) (c).
SB171,20,3
1(6) The board and courts shall expedite all proceedings under ss. 11.502 to
211.522 so that all complaints brought prior to an election are resolved, to the extent
3possible, before the election is held.
SB171,20,7
4(7) If a complaint brought under ss. 11.502 to 11.522 is resolved against the
5complainant and is found to have been brought in bad faith and without reasonable
6basis therefor, the board or court may assess costs, including reasonable attorney
7fees, against the complainant.
SB171,20,13
811.518 Prohibited acts. (1) Notwithstanding s. 11.61 (1) (c) if a candidate
9or agent of a candidate knowingly accepts more contributions than the candidate is
10entitled to receive, or makes disbursements exceeding the total amount of the public
11financing benefit received by the candidate and the qualifying and seed money
12contributions lawfully received by the candidate, the candidate or agent is guilty of
13a Class G felony.
SB171,20,17
14(2) Notwithstanding s. 11.61 (1) (c), if in connection with the receipt or
15disbursement of a public financing benefit for an election campaign, any person
16knowingly provides false information to the board, or knowingly conceals or
17withholds information from the board, that person is guilty of a Class G felony.
SB171,20,21
1811.522 Contributions to nonparticipating candidates; attributions. (1) 19A nonparticipating candidate may accept contributions from private sources without
20limitation, except that no person may make any contribution or contributions to a
21nonparticipating candidate exceeding a total of $1,000 during any campaign.
SB171,21,2
22(2) In addition to the attribution required under s. 11.30 (2), any electronic or
23print communication paid for or authorized by a nonparticipating candidate shall
24contain the following sentence: "This communication is paid for with money raised
1from private sources. This candidate has not agreed to abide by campaign
2contribution and spending limits."
SB171,21,115
11.60
(4) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (h),
65.08, and 5.081, actions under this section
or 11.517 may be brought by the board or
7by the district attorney for the county where the defendant resides or, if the
8defendant is a nonresident, by the district attorney for the county where the violation
9is alleged to have occurred. For purposes of this subsection, a person other than a
10natural person resides within a county if the person's principal place of operation is
11located within that county.
SB171,21,2014
11.61
(2) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (i),
155.08, and 5.081, all prosecutions under this section
or s. 11.518 shall be conducted
16by the district attorney for the county where the defendant resides or, if the
17defendant is a nonresident, by the district attorney for the county where the violation
18is alleged to have occurred. For purposes of this subsection, a person other than a
19natural person resides within a county if the person's principal place of operation is
20located within that county.
SB171, s. 21
21Section
21. 20.005 (3) (schedule) of the statutes: at the appropriate place,
22insert the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB171, s. 22
1Section
22. 20.511 (1) (r) of the statutes is created to read:
SB171,22,32
20.511
(1) (r)
Democracy trust fund administration. From the democracy trust
3fund, the amounts in the schedule for the administration of ss. 11.501 to 11.522.
SB171, s. 23
4Section
23. 20.585 (1) (q) of the statutes is created to read:
SB171,22,75
20.585
(1) (q)
Public financing benefits; candidates for justice. From the
6democracy trust fund, a sum sufficient to provide for payment of public financing
7benefits to eligible candidates under ss. 11.501 to 11.522.
SB171, s. 24
8Section
24. 20.585 (1) (r) of the statutes is created to read:
SB171,22,109
20.585
(1) (r)
Democracy trust fund administration. From the democracy trust
10fund, the amounts in the schedule for the administration of ss. 11.501 to 11.522.
SB171, s. 25
11Section
25. 20.855 (4) (b) of the statutes is amended to read:
SB171,22,1412
20.855
(4) (b) (title)
Election campaign
fund payments. A sum sufficient equal
13to
one-third of the amounts determined under s. 71.10 (3) to be paid into the
14Wisconsin election campaign fund annually on August 15.
SB171, s. 26
1Section
26. 20.855 (4) (ba) of the statutes is created to read:
SB171,23,42
20.855
(4) (ba)
Democracy trust fund payments. A sum sufficient equal to
3two-thirds of the amounts determined under s. 71.10 (3) to be paid into the
4democracy trust fund annually on August 15.
SB171, s. 27
5Section
27. 20.855 (4) (bb) of the statutes is created to read:
SB171,23,126
20.855
(4) (bb)
Democracy trust fund transfer. A sum sufficient equal to the
7difference between the amount appropriated under par. (ba) and the sum of the
8amounts appropriated under ss. 20.511 (1) (r) and 20.585 (1) (r) and the amounts
9required to provide public financing benefits that candidates qualify to receive from
10the democracy trust fund, to be transferred from the general fund to the democracy
11trust fund no later than the time required to make payments of grants under s. 11.51
12(2) and (3).
SB171, s. 28
13Section
28. 25.17 (1) (cm) of the statutes is created to read:
SB171,23,1414
25.17
(1) (cm) Democracy trust fund (s. 25.421);
SB171, s. 29
15Section
29. 25.421 of the statutes is created to read:
SB171,23,19
1625.421 Democracy trust fund. All moneys appropriated under s. 20.855 (4)
17(ba) and (bb) and all moneys deposited in the state treasury under ss. 11.509, 11.51
18(4), and 11.511 (5r) constitute the democracy trust fund, to be expended for the
19purposes of ss. 11.501 to 11.522.
SB171, s. 30
20Section
30. 71.10 (3) (a) of the statutes is amended to read:
SB171,24,221
71.10
(3) (a) Every individual filing an income tax return who has a tax liability
22or is entitled to a tax refund may designate
$1 $3 for the Wisconsin election campaign
23fund
and the democracy trust fund for the use of eligible candidates under
s. ss. 11.50
24and 11.51. If the individuals filing a joint return have a tax liability or are entitled
1to a tax refund, each individual may make a designation of
$1 $3 under this
2subsection.
SB171,24,84
(1) The treatment of section 71.10 (3) (a) of the statutes first applies to taxable
5years beginning on January 1 of the year in which this subsection takes effect, except
6that if this subsection takes effect after July 31 the treatment first applies to taxable
7years beginning on January 1 of the year following the year in which this subsection
8takes effect.
SB171, s. 32
9Section
32.
Effective dates. This act takes effect on the day after publication,
10except as follows:
SB171,24,1311
(1) The treatment of sections 11.60 (4) and 11.61 (2) of the statutes takes effect
12on December 1 following the date of publication or on the initiation date specified in
132007 Wisconsin Act 1,
Section 209 (1), whichever is later.