SB213: Bill Text

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.

SB213,25,5 (f) The board shall inform each candidate in writing of the approval or disapproval of the candidate's application, as promptly as possible after the date of the spring primary, September primary, special primary, or date that the primary would be held, if required. With respect to a candidate at a special election who applies for a postelection grant under sub. (1) (a) 2., the board shall inform the candidate in writing of the conditional approval or disapproval of the candidate's application at the same time.

SB213,25,12 (g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the contribution limitations prescribed in s. 11.26 and the disbursement limitations imposed under s. 11.31 as binding upon himself or herself and his or her agents during the campaign as defined in s. 11.31 (7), as a precondition to receipt of a grant under this section, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws the application under par. (h), or par. (i) applies.

SB213,25,19 (h) An eligible candidate who files an application under par. (a) may file a written withdrawal of the application. A withdrawal of an application may be filed with the board no later than the 7th day after the day of the primary in which the person withdrawing the application is a candidate or the 7th day after the date that the primary would be held, if required. If an application is withdrawn in accordance with this paragraph, the person withdrawing the application is no longer bound by the statement filed under par. (a) after the date of the withdrawal.

SB213,26,6 (i) Notwithstanding par. (g), if an eligible candidate at the spring election or a special nonpartisan election who accepts a grant is opposed by one or more candidates in the election, or if an eligible candidate at the general election or a special partisan election who accepts a grant is opposed by one or more candidates in the election who receive at least 6 percent of the vote cast for all candidates for the same office on all ballots at the September primary or a special partisan primary if a primary was held, and in either case if any such opponent of the eligible candidate does not accept a grant under this section in whole or in part, the eligible candidate is not bound by the pledge made in his or her application to adhere to the contribution limitations prescribed in s. 11.26 and the disbursement limitation prescribed under s. 11.31, unless each such opponent files an affidavit of voluntary compliance under s. 11.31 (2m).

SB213,26,8 (3) Nonpartisan candidates. (a) Annually on August 15, all moneys appropriated to the fund shall be apportioned as follows by the state treasurer:

SB213,26,12 1. If an election for state superintendent is scheduled in the following year, 8 percent of the fund shall be placed in a superintendency account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer.

SB213,26,15 2. If an election for justice is scheduled in the following year, 8 percent of the fund shall be placed in a justice account. From this account, an equal amount shall be disbursed to each eligible candidate by the state treasurer.

SB213,26,16 3. The balance shall be apportioned under sub. (4).

SB213,26,23 (b) If a vacancy occurs in the office of state superintendent after August 15 in any year and an election is scheduled to fill the vacancy at the spring election in the following year, the state treasurer shall transfer an amount not exceeding 8 percent of the moneys transferred to the fund on the preceding August 15 to the account for the office in which the vacancy occurs, those moneys to be drawn from any account within the accounts created under sub. (4) in the amount or amounts specified by the board.

SB213,26,25 (4) Partisan and special election candidates. After apportionment under sub. (3), the remaining moneys shall constitute the partisan campaign account.

SB213,27,3 (a) In the partisan campaign account, 25 percent of the moneys shall be apportioned into an executive campaign account and 75 percent of the moneys shall be apportioned into a legislative and special election campaign account.

SB213,27,6 (b) The executive campaign account shall be divided into accounts for each executive office as provided in this paragraph. The apportionment of moneys in the executive campaign account shall be made as follows:

SB213,27,8 1. Sixty-seven percent to be apportioned between all eligible candidates for governor.

SB213,27,10 2. Eight percent to be apportioned between all eligible candidates for lieutenant governor.

SB213,27,12 3. Seventeen percent to be apportioned between all eligible candidates for attorney general.

SB213,27,14 4. Four percent to be apportioned between all eligible candidates for state treasurer.

SB213,27,16 5. Four percent to be apportioned between all eligible candidates for secretary of state.

SB213,27,21 (c) The legislative and special election campaign account shall be divided into a senate campaign account to receive 25 percent of the moneys, and an assembly campaign account to receive 75 percent of the moneys. Each account shall then be apportioned between all eligible candidates for the same office in the entire state. No apportionment shall be made by legislative district.

SB213,28,5 (cm) Each eligible candidate for the same office at a special election shall receive an equal amount, which amount shall be equivalent to the maximum grant which was payable to any candidate for that office at the most recent spring or general election. The amount shall be drawn from the senate campaign account and the assembly campaign account in the same proportions as the balance in each account bears to the total balance in both accounts at the time that payments are made. Whenever there are insufficient moneys in the senate campaign account and the assembly campaign account to make the payments required by this paragraph, payments shall be proportionately reduced or discontinued by the board.

SB213,28,8 (d) Within the accounts established under this subsection for each office at each general election, the entire amount of all available moneys shall be apportioned equally to all eligible candidates.

SB213,28,12 (5) Time of disbursement. The state treasurer shall make the disbursements to the campaign depository account of each eligible candidate under subs. (3) and (4) by the end of the 3rd business day following notice from the board under s. 7.08 (2) (c) or (cm).

SB213,28,14 (5m) Combination of accounts. Eligible candidates for governor and lieutenant governor of the same political party may combine accounts if desired.

SB213,28,18 (6) Excess moneys. If the amounts which are to be apportioned to each eligible candidate under subs. (3) and (4) are more than the amount which a candidate may accept under sub. (9), or more than the amount which a candidate elects to accept under sub. (10), the excess moneys shall be retained in the fund.

SB213,28,21 (7) Utilization. Grants distributed under this section may be utilized only for deposit in a campaign depository account under s. 11.10. Grants may be expended only for one or more of the following:

SB213,28,22 (a) Purchase of services from a communications medium.

SB213,28,23 (b) Printing, graphic arts or advertising services.