SB213: Bill Text

SB213,9,3 8.15 (7) A candidate may not run in more than one party primary at the same time. No filing official may accept nomination papers for the same person in the same election for more than one party. An independent candidate at a partisan primary or other election may not file nomination papers as the candidate of a recognized political party for the same office at the same election. A person who files nomination papers as the candidate of a recognized political party may not file nomination papers as an independent candidate for the same office at the same election.

SB213, s. 15 Section 15. 8.16 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,9,12 8.16 (1) Except as provided in sub. (2), the person who receives the greatest number of votes for an office on a party ballot at any partisan primary, regardless of whether the person's name appears on the ballot, shall be the party's candidate for the office, and the person's name shall so appear on the official ballot at the next election. All independent candidates shall appear on the general election ballot regardless of the number of votes received by such candidates at the September primary.

SB213, s. 16 Section 16. 8.16 (5) of the statutes is created to read:

SB213,9,18 8.16 (5) A candidate for a partisan state office except district attorney may also qualify to receive a grant under s. 11.50 if the candidate meets the requirements specified in s.11.50; however, a candidate who qualifies under this section to have his or her name appear on the official ballot at the general election shall appear on that ballot regardless of whether the candidate qualifies to receive a grant under s. 11.50.

SB213, s. 17 Section 17. 8.20 (8) (a) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,9,25 8.20 (8) (a) Nomination papers for independent candidates for any office to be voted upon at a general election or September primary and general election, except president, vice president and presidential elector, may be circulated no sooner than June 1 preceding the election and may be filed no later than 5 p.m. on the 2nd Tuesday of July preceding the September primary, except as authorized in this paragraph. If an incumbent fails to file nomination papers and a declaration of candidacy by 5 p.m. on the 2nd Tuesday of July preceding the September primary, all candidates for the office held by the incumbent, other than the incumbent, may file nomination papers no later than 72 hours after the latest time prescribed in this paragraph. No extension of the time for filing nomination papers applies if the incumbent files written notification with the filing officer or agency with whom nomination papers are filed for the office which the incumbent holds, no later than 5 p.m. on the 2nd Friday preceding the latest time prescribed in this paragraph for filing nomination papers, that the incumbent is not a candidate for reelection to his or her office, and the incumbent does not file nomination papers for that office within the time prescribed in this paragraph.

SB213, s. 18 Section 18. 8.20 (9) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,10,23 8.20 (9) Persons nominated by nomination papers without a recognized political party designation shall be placed on the official ballot at the general election and at any partisan election to the right or below the recognized political party candidates in their own column or row designated "Independent". At the September primary, the names of persons nominated for state office by nomination papers without a recognized political party designation shall be placed on a separate ballot or, if a consolidated paper ballot under s. 5.655 (2), an electronic voting system or voting machines are used, in a column or row designated as "Independent". If the candidate's name already appears under a recognized political party it may not be listed on the independent ballot, column or row.

SB213, s. 19 Section 19. 8.35 (4) (b) of the statutes is created to read:

SB213,11,9 8.35 (4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys received by a candidate from the Wisconsin election campaign fund shall be immediately transferred to any candidate who is appointed to replace that candidate, upon filing of proper application by the replacement candidate under s. 11.50 (2). If there is no candidate appointed or if no proper application is filed within 7 days of the date on which the vacancy occurs, the moneys shall revert to the state as provided in s. 11.50 (8). For purposes of qualification, contributions received and disbursements made by the former candidate are considered to have been received or made by the replacement candidate.

SB213, s. 20 Section 20. 8.35 (4) (c) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,11,19 8.35 (4) (c) The transfer shall be reported to the appropriate filing officer in a special report submitted by the former candidate's campaign treasurer. If the former candidate is deceased and was serving as his or her own campaign treasurer, the former candidate's petitioner or personal representative shall file the report and make the transfer required by par. (b), if any. The report shall include a complete statement of all contributions, disbursements and incurred obligations pursuant to s. 11.06 (1) covering the period from the day after the last date covered on the former candidate's most recent report to the date of disposition.

SB213, s. 21 Section 21. 8.50 (3) (b) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,12,9 8.50 (3) (b) Except as otherwise provided in this section, the provisions for September primaries under s. 8.15 are applicable to all partisan primaries held under this section, and the provisions for spring primaries under s. 8.10 are applicable to all nonpartisan primaries held under this section. In a special partisan primary or election, the order of the parties on the ballot shall be the same as provided under s. 5.62 (1) or 5.64 (1) (b). The names of independent candidates for state office at a special partisan election shall not appear on the primary ballot. No primary is required for a nonpartisan election in which not more than 2 candidates for an office appear on the ballot or for a partisan election in which not more than one candidate for an office appears on the ballot of each recognized political party. In every special election except a special election for nonpartisan state office where no candidate is certified to appear on the ballot, a space for write-in votes shall be provided on the ballot, regardless of whether a special primary is held.

SB213, s. 22 Section 22. 10.02 (3) (b) 2. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,12,15 10.02 (3) (b) 2. At a special partisan primary, the elector shall select the party ballot of his or her choice and shall make a cross (7) next to or depress the lever or button next to the candidate's name for each office for whom the elector intends to vote, or shall insert or write in the name of the elector's choice for a candidate.

SB213, s. 23 Section 23. 10.02 (3) (b) 2m. of the statutes is created to read:

SB213,12,25 10.02 (3) (b) 2m. At the September primary, the elector shall select the party ballot of his or her choice or the ballot containing the names of the independent candidates for state office and make a cross (7) or depress the lever or button next to the selected candidate's name for each office for whom the elector intends to vote or shall insert or write in the name of the elector's choice for a party candidate, if any. In order to qualify for participation in the Wisconsin election campaign fund, a candidate for state office at the September primary, other than a candidate for district attorney, must receive at least 6 percent of all votes cast on all ballots for the office that the candidate seeks, in addition to other requirements.

SB213, s. 24 Section 24. 10.06 (1) (e) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,13,11 10.06 (1) (e) As soon as possible following the state canvass of the spring primary vote, but no later than the first Tuesday in March, the board shall send a type B notice certifying to each county clerk the list of candidates for the spring election. When no state spring primary is held or when the only primary held is the presidential preference primary, this notice shall be sent under par. (c). The board shall also in any case send a certified list of candidates under s. 11.50 to the state treasurer pursuant to s. 7.08 (2) (c). When there is a referendum, the board shall send type A and C notices certifying each question to the county clerks as soon as possible, but no later than the first Tuesday in March.

SB213, s. 25 Section 25. 10.06 (1) (i) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,13,18 10.06 (1) (i) As soon as possible after the state canvass, but no later than the 4th Tuesday in September, the board shall send a type B notice certifying the list of candidates and type A and C notices certifying each question for any referendum to each county clerk for the general election and a certified list of candidates under s. 11.50 to the state treasurer pursuant to s. 7.08 (2) (c).

SB213, s. 26 Section 26. 11.06 (1) (jm) of the statutes is amended to read:

SB213,14,3 11.06 (1) (jm) A copy of any separate schedule prepared or received pursuant to an escrow agreement under s. 11.16 (5). A candidate or personal campaign committee receiving contributions under such an agreement and attaching a separate schedule under this paragraph may indicate the percentage of the total contributions received, disbursements made and exclusions claimed under s. 11.31 (6) without itemization, except that amounts received from any contributor pursuant to the agreement who makes any separate contribution to the candidate or personal campaign committee during the calendar year of receipt as indicated in the schedule shall be aggregated and itemized if required under par. (a) or (b).

SB213, s. 27 Section 27. 11.16 (5) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,14,20 11.16 (5) Escrow agreements. Any personal campaign committee, political party committee or legislative campaign committee may, pursuant to a written escrow agreement with more than one candidate, solicit contributions for and conduct a joint fund raising effort or program on behalf of more than one named candidate. The agreement shall specify the percentage of the proceeds to be distributed to each candidate by the committee conducting the effort or program. The committee shall include this information in all solicitations for the effort or program. All contributions received and disbursements made by the committee in connection with the effort or program shall be received and disbursed through a separate depository account under s. 11.14 (1) that is identified in the agreement. For purposes of s. 11.06 (1), the committee conducting the effort or program shall prepare a schedule in the form prescribed by the board supplying all required information under s. 11.06 (1) and items qualifying for exclusion under s. 11.31 (6) for the effort or program, and shall transmit a copy of the schedule to each candidate who receives any of the proceeds within the period prescribed in s. 11.06 (4) (c).

SB213, s. 28 Section 28. 11.21 (15) of the statutes is created to read:

SB213,15,2 11.21 (15) Inform each candidate who files an application to become eligible to receive a grant from the Wisconsin election campaign fund of the dollar amount of the applicable disbursement limitation under s. 11.31 that applies to the office the candidate seeks. Failure to receive the notice required by this subsection does not constitute a defense to a violation of s. 11.27 (1) or 11.31.

SB213, s. 29 Section 29. 11.26 (9) (c) of the statutes is created to read:

SB213,15,5 11.26 (9) (c) For purposes of pars. (a) and (b), a "committee" includes the Wisconsin election campaign fund.

SB213, s. 30 Section 30. 11.26 (10) of the statutes is created to read:

SB213,15,22 11.26 (10) No candidate who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make contributions of more than 200 percent of the amounts specified in sub. (1) to the candidate's own campaign from the candidate's personal funds or property or the personal funds or property of the candidate that are owned jointly or as marital property with the candidate's spouse, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) applies. For purposes of this subsection, any contribution received by a candidate or his or her personal campaign committee from a committee that is registered with the federal election commission as the authorized committee of the candidate under 2 USC 432 (e) shall be treated as a contribution made by the candidate to his or her own campaign. The contribution limit of sub. (4) applies to amounts contributed by such a candidate personally to the candidate's own campaign and to other campaigns, except that a candidate may exceed the limitation if authorized under this subsection to make contributions exceeding the amount specified to the candidate's own campaign, up to the authorized excess amount.

SB213, s. 31 Section 31. 11.26 (13) of the statutes is created to read:

SB213,15,25 11.26 (13) Except as provided in sub. (9), grants received from the Wisconsin election campaign fund are not subject to limitation by this section.

SB213, s. 32 Section 32. 11.26 (17) (a) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,16,5 11.26 (17) (a) For purposes of application of the limitations imposed in subs. (1), (2), and (9), and (10), the "campaign" of a candidate begins and ends at the times specified in this subsection.

SB213, s. 33 Section 33. 11.31 (title) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,16,8 11.31 (title) Disbursement levels and limitations; calculation.

SB213, s. 34 Section 34. 11.31 (1) (intro.) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,16,14 11.31 (1) Schedule. (intro.) The following levels of disbursements are established with reference to the candidates listed below. The Except as provided in sub. (2), the levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.

SB213, s. 35 Section 35. 11.31 (2) of the statutes is created to read:

SB213,17,3 11.31 (2) Limitation imposed. No candidate for state office at a spring or general election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund make make or authorize total disbursements from his or her campaign depository account to the extent of more than the amount prescribed in sub. (1), unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) applies. No candidate for state office at a special election who files a sworn statement an application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from his or her campaign depository account in any campaign to the extent of more than the amount prescribed in sub. (1) for the preceding spring or general election for the same office, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) applies.

SB213, s. 36 Section 36. 11.31 (2m) of the statutes is created to read:

SB213,17,12 11.31 (2m) Voluntary limitation. Any candidate to whom sub. (2) and s. 11.26 (10) do not apply may file an affidavit with his or her filing officer affirming that he or she has adhered to, and will adhere to, the limitations imposed under sub. (2) and s. 11.26 during his or her entire campaign. The limitations then apply to that candidate unless the candidate withdraws the affidavit by notifying his or her filing officer in writing no later than the 7th day after the primary in which the person filing the affidavit is a candidate, or the 7th day after the date that the primary would be held, if no primary is required.

SB213, s. 37 Section 37. 11.31 (3) of the statutes is created to read:

SB213,17,19 11.31 (3) Gubernatorial campaigns. For purposes of compliance with the limitations imposed under sub. (2), candidates for governor and lieutenant governor of the same political party who both accept grants from the Wisconsin election campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b) and reallocate the total level between them. The candidates shall each inform the board of any such agreement.

SB213, s. 38 Section 38. 11.31 (3m) of the statutes is created to read:

SB213,18,7 11.31 (3m) Unopposed candidates; exception. Notwithstanding subs. (1) and (2), if all candidates for state senator or representative to the assembly in a legislative district who are certified under s. 7.08 (2) (a) to have their names appear on the September primary ballot of all parties recognized under s. 5.62 (1) (b) or (2) have no opponent whose name is certified to appear on the same primary ballot, or if no primary is required for all candidates of parties recognized under s. 5.62 (1) (b) or (2) for state senator or representative to the assembly in a legislative district who are certified under s. 8.50 (1) (d) to have their names appear on a special partisan election ballot, then the separate limitations imposed under sub. (1) for disbursements during the primary and election periods do not apply to candidates for that office in that election, and the candidates are bound only by the total limitations specified for the primary and election combined.

SB213, s. 39 Section 39. 11.31 (4) of the statutes is created to read:

SB213,18,17 11.31 (4) Allocation. Except as provided in sub. (3m), whenever a separate disbursement level is specified for a primary and election under sub. (1), a candidate who disburses less than the authorized level in the primary may not reallocate the balance to increase the authorized level in the election. Whenever a separate disbursement level is not specified for a primary and election under sub. (1), a candidate may allocate disbursements between the primary and election campaign within the total level of disbursements specified in sub. (1) in any proportion desired, and may carry over unexpended contributions from a primary campaign to an election campaign.

SB213, s. 40 Section 40. 11.31 (6) of the statutes is created to read:

SB213,18,20 11.31 (6) Exclusions. In computing the limitations under this section, a candidate may exclude any of the following:

SB213,18,21 1. Contributions returned to the contributor.

SB213,18,22 2. Loan repayments made.

SB213,18,24 3. Inaugural expenses paid from a campaign depository account under s. 11.25 (2) (b).

SB213,18,25 4. Expenses incurred as a result of a recount.

SB213,19,1 5. All federal, state, and local taxes paid.

SB213,19,2 6. Any reimbursement paid to a candidate for the candidate's travel expenses.

SB213,19,5 7. The gross receipts from the sale at an auction of any materials contributed to a candidate and reported by the candidate as a disbursement at the time the contribution is made.

SB213,19,6 8. All refunds or deposits paid.

SB213,19,8 9. The cost of services and materials purchased from a service provider for the purpose of compliance with the electronic filing requirement under s. 11.21 (16).

SB213,19,12 10. The cost of facilities rental, entertainment expense, food and beverages, including the preparation and service thereof that is contracted to an outside provider, if utilized for a meal, sale, rally, or similar fund raising event or program that is intended for political purposes.

SB213, s. 41 Section 41. 11.31 (7) (b) to (d) of the statutes, as affected by 2011 Wisconsin Act 32, are amended to read:

SB213,19,17 11.31 (7) (b) Disbursements which are made before a campaign period for goods to be delivered or services to be rendered in connection with the campaign are allocated to charged against the disbursement level limitation for that campaign.

SB213,19,20 (c) Disbursements which are made after a campaign to retire a debt incurred in relation to a campaign are allocated to charged against the disbursement level limitation for that campaign.

SB213,19,23 (d) Disbursements which are made outside a campaign period and to which par. (b) or (c) does not apply are not subject to any disbursement level limitation. Such disbursements are subject to s. 11.25 (2).

SB213, s. 42 Section 42. 11.31 (8) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB213,20,5 11.31 (8) Certain contributions excluded. The levels specified in limitations imposed under this section do not apply to a gift of anything of value constituting a contribution made directly to a registrant by another, but the levels limitations do apply to such a gift when it is received and accepted by the recipient or if received in the form of money, when disbursed.

SB213, s. 43 Section 43. 11.31 (10) of the statutes is created to read:

SB213,20,10 11.31 (10) Surplus materials excluded. Disbursements constituting surplus materials acquired in connection with a previous campaign of a candidate are not subject to limitation by this section if the materials were previously reported as a disbursement by that candidate for the previous campaign.

SB213, s. 44 Section 44. 11.50 of the statutes is created to read:

SB213,20,13 11.50 Wisconsin election campaign fund. (1) Definitions. For purposes of this section:

SB213,20,14 (a) "Eligible candidate" means:

SB213,20,22 1. With respect to a spring or general election, any individual who is certified under s. 7.08 (2) (a) as a candidate in the spring election for justice or state superintendent, or an individual who receives at least 6 percent of the vote cast for all candidates on all ballots for any state office, except district attorney, for which the individual is a candidate at the September primary and who is certified under s. 7.08 (2) (a) as a candidate for that office in the general election, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at the spring or general election; and who has qualified for a grant under sub. (2).

SB213,21,17 2. With respect to a special election, an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for state superintendent, or an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for any state office, except district attorney, on the ballot or column of a party whose candidate for the same office at the preceding general election received at least 6 percent of the vote cast for all candidates on all ballots for the office, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at a special election, or an individual who receives at least 6 percent of the vote cast for all candidates on all ballots for any state office, except district attorney, at a partisan special election; and who qualifies for a grant under sub. (2). Where the boundaries of a district in which an individual seeks office have been changed since the preceding general election such that it is not possible to calculate the exact number of votes that are needed by that individual to qualify as an eligible candidate prior to an election under this subdivision, the number of votes cast for all candidates for the office at the preceding general election in each ward, combination of wards or municipality which is wholly contained within the boundaries of the newly formed district shall be calculated. If the candidate of the political party on whose ballot or column the individual appears in the newly formed district obtained at least 6 percent of the number of votes calculated, the individual is deemed to qualify as an eligible candidate prior to the election under this subdivision.

SB213,21,18 (b) "Fund" means the Wisconsin election campaign fund.

SB213,21,19 (c) "Grant" means a contribution received from the fund.

SB213,22,4 (d) "Printing services" means printing, imprinting, lithographing, photolithographing, rotogravure, gravure, letterpress, mimeographing, stenciling, photostating, multilithing, multigraphing, steel die engraving, silkscreening or by any other means reproducing or manufacturing political advertisements or campaign devices of any kind, including but not limited to campaign literature, billboard advertising, special clothing, buttons, pens, stickers, banners and streamers, in support of or in opposition to any candidate, political party or referendum, whether or not a charge is assessed for the materials or services, except materials or services provided by a candidate or individual, committee or group subject to a filing requirement under this chapter.

SB213,22,20 (2) Participation; application. (a) Any individual who desires to qualify as an eligible candidate may file an application with the board requesting approval to receive a grant from the fund. Except as provided in par. (e), the application shall be filed no later than the applicable deadline for filing nomination papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a) or 8.50 (3) (a), no later than 4:30 p.m. on the 7th day after the primary or date on which the primary would be held if required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in the case of candidates appointed to fill vacancies. The application shall contain a sworn statement that the candidate and his or her authorized agents have complied with the contribution limitations prescribed in s. 11.26 and the disbursement limitations prescribed under s. 11.31 at all times to which those limitations have applied to his or her candidacy and will continue to comply with the limitations at all times to which the limitations apply to his or her candidacy for the office in contest, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under par. (h), or par. (i) applies.

SB213,22,22 (b) The board shall approve the application of an eligible candidate for participation if all of the following apply:

SB213,22,23 1. The application is timely.

SB213,22,25 2. The candidate is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear upon the spring or general election or a special election ballot.

SB213,23,2 3. The candidate has an opponent who is certified for placement on the election ballot as a candidate for the same office.

SB213,23,6 4. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that his or her statement filed with the application under par. (a) is true.

SB213,24,2 5. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received at least the amount provided in this subdivision, from contributions of money, other than loans, made by individuals, which have been received during the period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding that date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days preceding such date or the date a special election is ordered, whichever is earlier, in the case of special election candidates, which contributions are in the aggregate amount of $100 or less, and which are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5 percent of the candidate's authorized disbursement limitation under s. 11.31. For any other candidate at the general election, the required amount to qualify for a grant is 10 percent of the candidate's authorized disbursement limitation under s. 11.31.

SB213,24,15 (c) If a candidate has not filed financial reports as of the date of the spring primary, September primary, special primary, or date that the special primary would be held, if required, which indicate that he or she has met the qualification under par. (b) 5., the candidate may file a special report with the board. The report shall be filed not later than the 7th day after the primary, or 7th day after the date the primary would be held, if required, and shall include such supplementary information as to sources of contributions which may be necessary to complete the candidate's qualification. The special report shall cover the period from the day after the last date covered on the candidate's most recent report, or from the date on which the first contribution was received or the first disbursement was made, whichever is earlier, if the candidate has not previously filed a report, to the date of the report. All information included on the special report shall also be included in the candidate's next report under s. 11.20.

SB213,24,19 (d) For purposes of qualification under par. (b) 4. and 5., the financial reports of a former candidate are considered to be the same as if filed by the candidate who is lawfully appointed to replace that candidate whenever a vacancy after nomination occurs.

SB213,24,23 (e) Whenever a candidate who files nomination papers is unopposed on the deadline for filing the papers but is later opposed by a write-in candidate who qualifies for ballot placement, the application deadline under par. (a) is the same for the candidate who files nomination papers as for his or her opponent.