February 28, 2012 - Introduced by Representatives Pocan, Berceau, Bernard
Schaber, Doyle, Grigsby, Hebl, Jorgensen, Kessler, Pope-Roberts, Roys
and
C. Taylor, cosponsored by Senators Risser, Hansen and C. Larson. Referred
to Committee on Election and Campaign Reform.
AB642,2,2 1An Act to repeal 10.02 (3) (b) 2.; to renumber and amend 7.70 (3) (e); to
2amend
5.02 (12s), 5.35 (6) (b), 5.37 (4), 5.62 (1) (a), 5.62 (3), 5.81 (4), 5.91 (1),
35.91 (6), 8.15 (7), 8.16 (1), 8.20 (8) (a), 8.20 (9), 8.35 (4) (a) 1. a. and b., 8.50 (1)
4(d), 8.50 (3) (b), 10.06 (1) (e), 10.06 (1) (i), 11.06 (1) (a), 11.06 (1) (g), 11.06 (2),
511.26 (2) (a), 11.26 (9) (a), 11.26 (9) (b), 11.31 (1) (intro.) and 11.38 (6); and to
6create
5.62 (6), 7.08 (2) (ca) and (cn), 7.70 (3) (em) 1., 8.16 (5m), 8.35 (4) (ba),
710.02 (3) (b) 2n., 11.01 (4m), 11.01 (16) (a) 3., 11.05 (3) (s), 11.31 (9), 11.52, 14.58
8(20a), 20.511 (1) (qa), 20.855 (4) (bc), 25.17 (1) (aw) and 25.426 of the statutes;
9relating to: the scope of regulated activity under the campaign finance law,
10public financing of elections for certain state offices, extending the time limit
11for emergency rule procedures, providing an exemption from emergency rule

1procedures, granting rule-making authority, making appropriations, and
2providing a penalty.
Analysis by the Legislative Reference Bureau
Scope of regulated activity
Currently, individuals who accept contributions, organizations that make or
accept contributions, and individuals who or organizations that incur obligations or
make disbursements for the purpose of influencing an election for state or local office
are generally required to register with the appropriate filing officer and to file
financial reports with that officer, regardless of whether they act in conjunction with
or independently of any candidate who is supported or opposed.
With certain exceptions, this bill imposes registration and reporting
requirements, in addition, upon any individual who and organization that, within
60 days of an election and by means of communications media, makes any
communication that includes a reference to a candidate for state office, other than
court of appeals judge, circuit judge, or district attorney, at that election, a state
office, other than court of appeals judge, circuit judge, or district attorney, to be filled
at that election, or a political party. The bill also requires an individual who or
organization that becomes subject to a registration requirement by making such a
communication to report, upon registration, the information that would have been
required to be reported if the individual or organization had been registered with
respect to any obligation incurred or disbursement made for the purpose of making
such a communication prior to registration. The bill, however, does not require
registration and reporting if the communication is made by a corporation,
cooperative, or nonpolitical voluntary association and is limited to the corporation's,
cooperative's, or association's members, shareholders, or subscribers.
The change in the scope of reportable activity under the bill also applies to
contribution and disbursement (spending) limitations and restrictions by causing
reportable "contributions," "obligations," and "disbursements" to include the cost of
all reportable communications.
Public financing of elections for certain state offices
Currently, no public grants are available to finance the campaigns of any
candidate for state or local office in this state. This bill creates a clean elections fund
to provide grants to qualifying candidates for campaign expenses. Under the bill, a
candidate for any state office other than court of appeals judge, circuit judge, or
district attorney may qualify to receive a grant from the clean elections fund.
Separate grants are provided for primary and election campaigns. To qualify for a
grant, a candidate must qualify to have his or her name appear on the ballot at a
spring, partisan, or special primary or a spring, general, or special election for which
the grant will be used. To qualify for a grant at a general or partisan special election,
a candidate must be the nominee of a political party that currently qualifies to have
its candidates appear on a separate ballot, or in a separate column or row on the
ballot, or must receive at least 1 percent of the total vote cast on all ballots for the

office that the candidate seeks at the partisan primary, or at the special primary, if
a special primary is held. In addition, a candidate must raise and deposit with the
state treasurer a specified number of qualifying contributions in the amount of $5
each. Each qualifying contribution must be received from an elector of this state and,
for a candidate seeking legislative office, from an elector of the district in which the
candidate seeks office. The name and address of the contributor must be reported
to the Government Accountability Board (GAB). The number of qualifying
contributions ranges from 3,000 to 100, depending on the office sought by the
candidate. Prior to notification that a candidate has qualified to receive a grant, the
candidate may also accept seed money contributions in amounts of not more than
$100 cumulatively from a single contributor subject to aggregate limitations that
vary from $50,000 to $1,500 depending upon the office sought by the candidate. The
bill permits a candidate to expend the proceeds of seed money contributions for any
lawful purpose.
Under the bill, a candidate may receive two kinds of grants: a basic grant and
matching grants. The maximum amount of a basic grant that a candidate may
receive ranges from $1,000,000 in the primary and $2,000,000 in the election to
$25,000 in the primary and $50,000 in the election, depending on the office sought
by the candidate, except if a candidate has no opponent whose name is certified to
appear on the ballot. Under the bill, an unopposed candidate at a primary election
may receive a basic grant equal to the average total disbursements made per
candidate in primary elections for the office that the candidate seeks during the
four-year period preceding the date of the primary election, and an unopposed
candidate at a spring, general, or special election may receive a basic grant equal to
the average total disbursements made per candidate in spring, general, and special
elections for the office that the candidate seeks during the four-year period
preceding the date of the spring, general, or special election, except that a candidate
for the office of governor may receive a basic grant of $100,000 for a primary election
and $200,000 for a general election. Basic grant amounts are subject to a biennial
cost-of-living adjustment.
In addition to a basic grant, a qualifying candidate may receive a matching
grant from the clean elections fund for each contribution up to $25 cumulatively that
the candidate receives from an individual in an amount equal to three times the
amount of the contribution. To receive a matching grant, a candidate must report
certain information concerning the contribution to GAB. There is no limitation on
the total amount of matching contributions that a candidate may qualify to receive
under the bill.
To receive a grant, a candidate must affirm that he or she has not accepted and
agrees not to accept, before the candidate qualifies to receive a grant, a contribution
from any source other than qualifying contributions or seed money contributions.
The candidate must also agree that he or she will not accept any other contributions
after the candidate qualifies to receive a basic grant except matching contributions,
subject to the limitations provided in the bill. (The agreement does not apply to
contributions accepted before the bill becomes law.) The total seed money
contributions accepted by a candidate from one contributor, including contributions

by a candidate to his or her own campaign, may not exceed $100. The total seed
money contributions that may be accepted by a candidate from all contributors
ranges from $50,000 to $1,500, depending on the office sought by the candidate. The
bill permits grants to be spent for any lawful purpose. Under the bill, a candidate
must return to the state grant moneys that are not spent by the candidate after an
election except that a candidate who is nominated in a primary election need not
return any grant moneys after the primary if the candidate qualifies to receive a
grant for the succeeding election.
The bill provides that if a candidate does not adhere to the agreement required
to obtain a grant, the candidate is subject to a forfeiture (civil penalty) equivalent to
the amount of the grant that the candidate received, and may be fined an amount
equal to not more than three times the amount of any contributions received by the
candidate excluding the amount of any grant and any qualifying, seed money, or
matching contributions that are permitted to be accepted under the bill.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB642, s. 1 1Section 1. 5.02 (12s) of the statutes, as affected by 2011 Wisconsin Acts 32 and
275, is amended to read:
AB642,4,63 5.02 (12s) "Partisan primary" means the primary held the 2nd Tuesday in
4August to nominate candidates to be voted for at the general election , and to
5determine which candidates for state offices other than district attorney may receive
6grants from the clean elections fund
.
AB642, s. 2 7Section 2. 5.35 (6) (b) of the statutes, as affected by 2011 Wisconsin Act 32, is
8amended to read:
AB642,5,99 5.35 (6) (b) At each polling place in the state where a consolidated ballot under
10s. 5.655 is used or an electronic voting system is utilized at a partisan primary
11election incorporating a ballot upon which electors may mark votes for candidates

1of more than one recognized political party or for candidates of a recognized political
2party and independent candidates
, the municipal clerk or board of election
3commissioners shall prominently post a sign in the form prescribed by the board
4warning electors in substance that on any ballot with votes cast for candidates of
5more than one recognized political party or any ballot with votes cast for candidates
6of a recognized political party and independent candidates
, no votes cast for any
7candidates for partisan office will be counted unless a preference for a party or for
8the independent candidates
is made. If the elector designates a preference, only
9votes cast for candidates of that preference will be counted.
AB642, s. 3 10Section 3. 5.37 (4) of the statutes, as affected by 2011 Wisconsin Act 32, is
11amended to read:
AB642,5,2012 5.37 (4) Voting machines may be used at primary elections when they comply
13with subs. (1) and (2) and the following provisions: All candidates' names entitled to
14appear on the ballots at the primary shall appear on the machine; the elector cannot
15vote for candidates of more than one party, whenever the restriction applies, and an
16elector who votes for candidates of any party may not vote for independent
17candidates at the partisan primary
; the elector may secretly select the party for
18which he or she wishes to vote, or the independent candidates in the case of the
19partisan primary
; the elector may vote for as many candidates for each office as he
20or she is lawfully entitled to vote for, but no more.
AB642, s. 4 21Section 4. 5.62 (1) (a) of the statutes, as affected by 2011 Wisconsin Acts 32
22and 75, is amended to read:
AB642,6,1823 5.62 (1) (a) At the partisan primary, the following ballot shall be provided for
24the nomination of candidates of recognized political parties for national, state and
25county offices and independent candidates for state office in each ward, in the same

1form as prescribed by the board under s. 7.08 (1) (a), except as authorized in s. 5.655.
2The ballots shall be made up of the several party tickets with each party entitled to
3participate in the primary under par. (b) or sub. (2) having its own ballot, except as
4authorized in s. 5.655. The independent candidates for state office other than district
5attorney shall have a separate ballot for all such candidates as under s. 5.64 (1) (e),
6except as authorized in s. 5.655.
The ballots shall be secured together at the bottom.
7The party ballot of the party receiving the most votes for president or governor at the
8last general election shall be on top with the other parties arranged in descending
9order based on their vote for president or governor at the last general election. The
10ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying
11under par. (b), in the same order in which the parties filed petitions with the board.
12Any ballot required under par. (b) 2. shall be placed next in order. The ballot listing
13the independent candidates shall be placed at the bottom.
At polling places where
14voting machines are used, each party and the independent candidates shall be
15represented in one or more separate columns or rows on the ballot. At polling places
16where an electronic voting system is used other than an electronic voting machine,
17each party and the independent candidates may be represented in separate columns
18or rows on the ballot.
AB642, s. 5 19Section 5. 5.62 (3) of the statutes, as affected by 2011 Wisconsin Acts 32 and
2075, is amended to read:
AB642,7,521 5.62 (3) The board shall designate the official primary ballot arrangement for
22statewide offices and district attorney within each prosecutorial district by using the
23same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate
24column or row on the ballot, the candidates for office shall be listed together with the
25offices which they seek in the following order whenever these offices appear on the

1partisan primary ballot: governor, lieutenant governor, attorney general, secretary
2of state, state treasurer, U.S. senator, U.S. representative in congress, state senator,
3representative to the assembly, district attorney and the county offices. Below the
4names of the independent candidates shall appear the party or principle of the
5candidates, if any, in 5 words or less, as shown on their nomination papers.
AB642, s. 6 6Section 6. 5.62 (6) of the statutes is created to read:
AB642,7,147 5.62 (6) At the partisan primary, an elector may vote for the candidates of only
8one party, or the elector may vote for any of the independent candidates for state
9office listed; but the elector may not vote for more than one candidate for a single
10office. A space shall be provided on the ballot for an elector to write in the name of
11his or her choice as a party candidate for any office, including a party candidate of
12a recognized political party whose name appears on the ballot, column or row
13designated for independent candidates, as provided in sub. (1) (b) 2. or (2) (b), but no
14space shall be provided to write in the names of independent candidates.
AB642, s. 7 15Section 7. 5.81 (4) of the statutes, as affected by 2011 Wisconsin Act 32, is
16amended to read:
AB642,7,2117 5.81 (4) In partisan primary elections, if a ballot contains the names of
18candidates of more than one party or the names of party candidates and independent
19candidates
, it shall provide a space for electors to designate a party preference.
20Failure to designate a preference or a preference for the independent candidates does
21not invalidate any votes cast by an elector, except as provided in s. 7.50 (1) (d).
AB642, s. 8 22Section 8. 5.91 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is
23amended to read:
AB642,8,3
15.91 (1) It enables an elector to vote in secrecy and to select the party for which
2or the independent candidates for whom an elector will vote in secrecy at a partisan
3primary election.
AB642, s. 9 4Section 9. 5.91 (6) of the statutes, as affected by 2011 Wisconsin Act 32, is
5amended to read:
AB642,8,126 5.91 (6) The voting device or machine permits an elector in a primary election
7to vote for the candidates of the recognized political party or the independent
8candidates
of his or her choice, and the automatic tabulating equipment or machine
9rejects any ballot on which votes are cast in the primary of more than one recognized
10political party, except where a party or independent candidate designation is made
11or where an elector casts write-in votes for candidates of more than one party on a
12ballot that is distributed to the elector.
AB642, s. 10 13Section 10. 7.08 (2) (ca) and (cn) of the statutes are created to read:
AB642,8,2114 7.08 (2) (ca) As soon as possible after the canvass of the spring and partisan
15primary votes, but no later than the first Tuesday in March and the 4th Tuesday in
16August, transmit to the state treasurer a certified list of all eligible candidates for
17state office who have filed applications under s. 11.52 (5) and whom the board
18determines to be eligible to receive grants from the clean elections fund. The list shall
19contain each candidate's name, the mailing address indicated upon the candidate's
20registration form, the office for which the individual is a candidate and the party or
21principle which he or she represents, if any.
AB642,9,422 (cn) As soon as possible after the canvass of a special primary, or the date that
23the primary would be held, if required, transmit to the state treasurer a certified list
24of all eligible candidates for state office who have filed applications under s. 11.52 (5)
25and whom the board determines to be eligible to receive a grant from the clean

1elections fund prior to the election. The list shall contain each candidate's name, the
2mailing address indicated upon the candidate's registration form, the office for which
3the individual is a candidate and the party or principle which he or she represents,
4if any.
AB642, s. 11 5Section 11. 7.70 (3) (e) of the statutes, as affected by 2011 Wisconsin Act 32,
6is renumbered 7.70 (3) (em) (intro.) and amended to read:
AB642,9,87 7.70 (3) (em) (intro.) The chairperson of the board or the chairperson's designee
8shall make a special statement to the board as certifying:
AB642,9,11 92. As soon as possible after the canvass of the general election certifying, the
10name of each political party which receives at least one percent of the vote cast in
11such election for any statewide office.
AB642, s. 12 12Section 12. 7.70 (3) (em) 1. of the statutes is created to read:
AB642,9,1913 7.70 (3) (em) 1. As soon as possible after the canvass of each partisan primary
14and special primary for a partisan state office other than the office of district
15attorney, the name of each candidate not defeated in the primary who receives at
16least 1 percent of the total vote cast for all candidates on all ballots at the primary
17for each state office other than the office of district attorney, and the percentage of
18the total vote received by that candidate. The percentage shall be calculated within
19each district in the case of legislative candidates.
AB642, s. 13 20Section 13. 8.15 (7) of the statutes, as affected by 2011 Wisconsin Act 32, is
21amended to read:
AB642,9,2522 8.15 (7) A candidate may not run in more than one party primary at the same
23time. No filing official may accept nomination papers for the same person in the same
24election for more than one party. An independent candidate at a partisan primary
25or other election may not file nomination papers as the candidate of a recognized

1political party for the same office at the same election.
A person who files nomination
2papers as the candidate of a recognized political party may not file nomination
3papers as an independent candidate for the same office at the same election.
AB642, s. 14 4Section 14. 8.16 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is
5amended to read:
AB642,10,126 8.16 (1) Except as provided in sub. (2), the person who receives the greatest
7number of votes for an office on a party ballot at any partisan primary, regardless of
8whether the person's name appears on the ballot, shall be the party's candidate for
9the office, and the person's name shall so appear on the official ballot at the next
10election. All independent candidates shall appear on the general election ballot or
11on any special election ballot regardless of the number of votes received by those
12candidates at the partisan primary or at any special primary.
AB642, s. 15 13Section 15. 8.16 (5m) of the statutes is created to read:
AB642,10,1914 8.16 (5m) Any candidate for a partisan state office except district attorney may
15also qualify for a grant under s. 11.52 if the candidate meets the requirements
16specified in s. 11.52; however, a candidate who qualifies under this section for
17placement on the official ballot at the general election or a special election shall
18appear on such ballot regardless of whether he or she qualifies for a grant under s.
1911.52.
AB642, s. 16 20Section 16. 8.20 (8) (a) of the statutes, as affected by 2011 Wisconsin Acts 32
21and 75, is amended to read:
AB642,11,1122 8.20 (8) (a) Nomination papers for independent candidates for any office to be
23voted upon at a general election or partisan primary and general election, except
24president, vice president and presidential elector, may be circulated no sooner than
25April 15 preceding the election and may be filed no later than 5 p.m. on the June 1

1preceding the partisan primary, except as authorized in this paragraph. If an
2incumbent fails to file nomination papers and a declaration of candidacy by 5 p.m.
3on June 1 preceding the partisan primary, all candidates for the office held by the
4incumbent, other than the incumbent, may file nomination papers no later than 72
5hours after the latest time prescribed in this paragraph. No extension of the time
6for filing nomination papers applies if the incumbent files written notification with
7the filing officer or agency with whom nomination papers are filed for the office which
8the incumbent holds, no later than 5 p.m. on the 2nd Friday preceding the latest time
9prescribed in this paragraph for filing nomination papers, that the incumbent is not
10a candidate for reelection to his or her office, and the incumbent does not file
11nomination papers for that office within the time prescribed in this paragraph.
AB642, s. 17 12Section 17. 8.20 (9) of the statutes, as affected by 2011 Wisconsin Act 32, is
13amended to read:
AB642,11,2314 8.20 (9) Persons nominated by nomination papers without a recognized
15political party designation shall be placed on the official ballot at the general election
16and at any partisan election to the right or below the recognized political party
17candidates in their own column or row designated "Independent". At the partisan
18primary, persons nominated for state office by nomination papers without a
19recognized political party designation shall be placed on a separate ballot or, if a
20consolidated paper ballot under s. 5.655 (2), an electronic voting system, or voting
21machines are used, in a column or row designated "Independent".
If the candidate's
22name already appears under a recognized political party it may not be listed on the
23independent ballot, column or row.
AB642, s. 18 24Section 18. 8.35 (4) (a) 1. a. and b. of the statutes are amended to read:
AB642,12,7
18.35 (4) (a) 1. a. Donated If the former candidate was a partisan candidate,
2donated
to the former candidate's local or state political party if the former candidate
3was a partisan candidate
, or donated to the a charitable organization of, as
4instructed by
the former candidate's choice candidate or, if the charitable
5organization chosen by the
former candidate is deceased and left no instruction, as
6instructed by the
former candidate's next of kin if the former candidate is deceased,
7or if no choice is made returned to the donors on a proportional basis
; or
AB642,12,128 b. If the former candidate was a nonpartisan candidate, donated to the a
9charitable organization of the former candidate's choice or the charitable
10organization chosen
, as instructed by the former candidate or, if the former candidate
11is deceased and left no instruction, as instructed
by the former candidate's next of
12kin if the former candidate is deceased; or
AB642, s. 19 13Section 19. 8.35 (4) (ba) of the statutes is created to read:
AB642,12,1814 8.35 (4) (ba) Notwithstanding par. (a), any unspent and unencumbered grant
15moneys received by a candidate from the clean elections fund shall be immediately
16transferred to any candidate who is appointed and qualified to replace that
17candidate. If there is no candidate who is appointed and qualified, the moneys shall
18revert to the clean elections fund.
AB642, s. 20 19Section 20. 8.50 (1) (d) of the statutes, as affected by 2011 Wisconsin Act 75,
20is amended to read:
AB642,13,1421 8.50 (1) (d) When the election concerns a national office or a special election for
22state office is held concurrently with the general election, the board shall transmit
23to each county clerk a certified list of all persons for whom nomination papers have
24been filed in its office at least 62 days before the special primary, and in other cases
25the board shall transmit the list to each county clerk at least 22 days before the

1special primary. If no primary is required, the list shall be transmitted at least 42
2days prior to the day of the special election unless the special election concerns a
3national office or is held concurrently with the general election, in which case the list
4shall be transmitted at least 62 days prior to the day of the special election. If a
5special primary for a state office is held, the board shall send a certified list of
6candidates who are eligible to receive grants under s. 11.52 to the state treasurer
7pursuant to s. 7.08 (2) (cn).
Immediately upon receipt of the certified list of
8candidates from the board
, the county clerk shall prepare his or her ballots. For a
9county special election, the county clerk shall certify the candidates and prepare the
10ballots. If there is a primary, the county clerk shall publish one type B notice in a
11newspaper under ch. 10. When a primary is held, as soon as possible after the
12primary, the county clerk shall certify the candidates and prepare the ballots for the
13following special election. The clerk shall publish one type B notice in a newspaper
14under ch. 10 for the election.
AB642, s. 21 15Section 21. 8.50 (3) (b) of the statutes, as affected by 2011 Wisconsin Acts 32
16and 75, is amended to read:
AB642,14,417 8.50 (3) (b) Except as otherwise provided in this section, the provisions for the
18partisan primary under s. 8.15 are applicable to all partisan primaries held under
19this section, and the provisions for spring primaries under s. 8.10 are applicable to
20all nonpartisan primaries held under this section. In a special partisan primary or
21election, the order of the parties on the ballot shall be the same as provided under
22s. 5.62 (1) or 5.64 (1) (b). Independent candidates for a partisan state office at a
23special partisan election shall appear on the primary ballot.
No primary is required
24for a nonpartisan election in which not more than 2 candidates for an office appear
25on the ballot or for a partisan election in which not more than one candidate for an

1office appears on the ballot of each recognized political party. In every special
2election except a special election for nonpartisan state office where no candidate is
3certified to appear on the ballot, a space for write-in votes shall be provided on the
4ballot, regardless of whether a special primary is held.
AB642, s. 22 5Section 22. 10.02 (3) (b) 2. of the statutes, as affected by 2011 Wisconsin Act
632
is repealed.
AB642, s. 23 7Section 23. 10.02 (3) (b) 2n. of the statutes is created to read:
AB642,14,168 10.02 (3) (b) 2n. At a partisan primary, the elector shall select the party ballot
9of his or her choice or the ballot containing the names of the independent candidates
10for state office, and make a cross (X) next to or depress the lever or button next to the
11candidate's name for each office for whom the elector intends to vote or shall insert
12or write in the name of the elector's choice for a party candidate, if any. In order to
13qualify for a grant from the clean elections fund, a candidate for state office, other
14than the office of district attorney, at the partisan primary or a special primary, if a
15special primary is held, must receive at least 1 percent of all votes cast on all ballots
16for the office for which he or she is a candidate, in addition to other requirements.
AB642, s. 24 17Section 24. 10.06 (1) (e) of the statutes, as affected by 2011 Wisconsin Acts 32
18and 45, is amended to read:
AB642,15,219 10.06 (1) (e) As soon as possible following the state canvass of the spring
20primary vote, but no later than the first Tuesday in March, the board shall send a
21type B notice certifying to each county clerk the list of candidates for the spring
22election. When no state spring primary is held, this notice shall be sent under par.
23(c). The board shall also in any case send a certified list of candidates under s. 11.52
24to the state treasurer pursuant to s. 7.08 (2) (ca).
When there is a referendum, the

1board shall send type A and C notices certifying each question to the county clerks
2as soon as possible, but no later than the first Tuesday in March.
AB642, s. 25 3Section 25. 10.06 (1) (i) of the statutes, as affected by 2011 Wisconsin Acts 32
4and 75, is amended to read:
AB642,15,95 10.06 (1) (i) As soon as possible after the state canvass, but no later than the
64th Tuesday in August, the board shall send a type B notice certifying the list of
7candidates and type A and C notices certifying each question for any referendum to
8each county clerk for the general election and a certified list of candidates under s.
911.52 to the state treasurer pursuant to s. 7.08 (2) (ca)
.
AB642, s. 26 10Section 26. 11.01 (4m) of the statutes is created to read:
AB642,15,1611 11.01 (4m) "Communication" means a message transmitted by means of a
12printed advertisement, billboard, handbill, sample ballot, radio or television
13advertisement, telephone call, or any medium that may be utilized for the purpose
14of disseminating or broadcasting a message, but not including a poll conducted solely
15for the purpose of identifying or collecting data concerning the attitudes or
16preferences of electors.
AB642, s. 27 17Section 27. 11.01 (16) (a) 3. of the statutes is created to read:
AB642,16,218 11.01 (16) (a) 3. A communication that is made by means of one or more
19communications media, other than a communication that is exempt from reporting
20under s. 11.29, that is made during the period beginning on the 60th day preceding
21an election and ending on the date of that election, and that includes a reference to
22a candidate for state office, other than court of appeals judge, circuit judge, or district
23attorney, whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the
24ballot at that election, a reference to a state office, other than court of appeals judge,

1circuit judge, or district attorney, to be filled at that election, or a reference to a
2political party.
AB642, s. 28 3Section 28. 11.05 (3) (s) of the statutes is created to read:
AB642,16,84 11.05 (3) (s) In the case of a registrant that has made a communication
5identified in s. 11.01 (16) (a) 3., a report containing the information specified in s.
611.06 (1) with respect to any obligation to make a disbursement incurred or any
7disbursement made for the purpose of making such a communication prior to
8registration.
AB642, s. 29 9Section 29. 11.06 (1) (a) of the statutes is amended to read:
AB642,16,1410 11.06 (1) (a) An Except as required under s. 11.52 (2), an itemized statement
11giving the date, full name and street address of each contributor who has made a
12contribution in excess of $20, or whose contribution if $20 or less aggregates more
13than $20 for the calendar year, together with the amount of the contribution and the
14cumulative total contributions made by that contributor for the calendar year.
AB642, s. 30 15Section 30. 11.06 (1) (g) of the statutes is amended to read:
AB642,16,1916 11.06 (1) (g) An Except as required under s. 11.52 (7), an itemized statement
17of every disbursement exceeding $20 in amount or value, together with the name and
18address of the person to whom the disbursement was made, and the date and specific
19purpose for which the disbursement was made.
AB642, s. 31 20Section 31. 11.06 (2) of the statutes is amended to read:
AB642,17,621 11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding
22sub. (1), if a disbursement is made or obligation incurred by an individual other than
23a candidate or by a committee or group which is not primarily organized for political
24purposes, and the disbursement does not constitute a contribution to any candidate
25or other individual, committee, or group, and the disbursement is not made or the

1obligation is not incurred for the purpose of making a communication specified in s.
211.01 (16) (a) 3.,
the disbursement or obligation is required to be reported only if the
3purpose is to expressly advocate the election or defeat of a clearly identified
4candidate or the adoption or rejection of a referendum. The exemption provided by
5this subsection shall in no case be construed to apply to a political party, legislative
6campaign, personal campaign or support committee.
AB642, s. 32 7Section 32. 11.26 (2) (a) of the statutes, as affected by 2011 Wisconsin Act 32,
8is amended to read:
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