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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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).
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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).
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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25.17
(1) (cm) Democracy trust fund (s. 25.421);
SB171, s. 29
15Section
29. 25.421 of the statutes is created to read:
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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:
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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.
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(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:
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(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.