AB225: Bill Text

AB225,34,11 8.50 (4) (f) 1. Except as provided in subds. 2. and 3., a vacancy in the office of justice, court of appeals judge, or circuit judge occurring in any year after the date of the spring election and on or before December August 1 shall be filled, if in the office of circuit judge, at the succeeding spring election; if in the office of court of appeals judge, at the first succeeding spring election when no other court of appeals judge is to be elected from the same court of appeals district; or, if in the office of justice, at the first succeeding spring election when no other justice is to be elected. A vacancy in the office of justice, court of appeals judge, or circuit judge occurring after December August 1 and on or before the date of the succeeding spring election shall be filled, if in the office of circuit judge, at the 2nd succeeding spring election; if in the office of court of appeals judge, at the first spring election, beginning with the 2nd succeeding spring election, when no other court of appeals judge is to be elected from the same court of appeals district; or, if in the office of justice, at the first spring election, beginning with the 2nd succeeding spring election, when no other justice is to be elected.

AB225,34,17 2. If a vacancy in the office of justice, court of appeals judge, or circuit judge occurs after December August 1 and on or before the date of the succeeding spring election as the result of the resignation of the incumbent, if an election for that seat is scheduled to be held at the succeeding spring election and if the incumbent is not a candidate to succeed himself or herself, the vacancy shall be filled at the regularly scheduled election.

AB225,42 Section 42. 9.01 (1) (ag) 1m. of the statutes is amended to read:

AB225,35,2 9.01 (1) (ag) 1m. If the difference between the votes cast for the leading candidate and those cast for the petitioner or the difference between the affirmative and negative votes cast upon any referendum question is at least 10 if 1,000 or less fewer votes are cast or is more than 0.5% 0.5 percent but not more than 2% 2 percent if more than 1,000 votes are cast following canvassing of all valid provisional and absentee ballots, the petitioner shall pay a fee of $5 $25 for each ward for which the petition requests a ballot recount, or $5 $25 for each municipality for which the petition requests a recount where no wards exist.

AB225,43 Section 43. 9.01 (1) (b) (intro.) of the statutes is amended to read:

AB225,35,12 9.01 (1) (b) (intro.) The proper board of canvassers shall reconvene no earlier than 9 a.m. on the day following delivery of notice to all candidates under sub. (2) and no later than 9 a.m. on the day following the last day for filing of a petition. The municipal clerk shall provide the board of canvassers with all ballots, registrations under s. 6.55 (2), and other voting materials relating to the election except information to which access is restricted under s. 6.36 (1) (b). The board of canvassers shall then proceed to recount the ballots in the wards or municipalities specified and to review the allegations of fact contained in the petition or petitions. The recount shall proceed for each ward or municipality as follows:

AB225,44 Section 44. 9.01 (1) (b) 1. of the statutes is amended to read:

AB225,35,21 9.01 (1) (b) 1. The board of canvassers shall first compare the poll lists and determine the number of voting electors. In determining the number of voting electors, the board of canvassers shall hear and decide any objection to the validity of a voting elector's registration under s. 6.55 (2). If the board of canvassers determines that the registration of the voting elector is invalid, the board of canvassers shall reduce the number of voting electors accordingly. If an elector has voted in person at a polling place and is required to sign the poll list but does not do so, the elector shall not be considered a voting elector.

AB225,45 Section 45. 9.10 (2) (b) of the statutes is amended to read:

AB225,36,3 9.10 (2) (b) A recall petition for a city, village, town, town sanitary district, or school district office officer shall contain a statement of a reason for the recall which is related to the official responsibilities of indicating that the official for whom removal is sought has been charged with committing a crime, as defined under s. 939.12, violating s. 19.59 (1), or violating a local ordinance establishing a local code of ethics, as provided under s. 19.59 (1m).

AB225,46 Section 46. 9.10 (2) (d) of the statutes is amended to read:

AB225,36,20 9.10 (2) (d) No petition may be offered for filing for the recall of an officer unless the petitioner first files a registration statement under s. 11.05 (1) or (2) with the filing officer with whom the petition is filed. The petitioner shall append to the registration a statement indicating his or her intent to circulate a recall petition, the name of the officer for whom recall is sought and, in the case of a petition for the recall of a city, village, town, town sanitary district, or school district officer, a statement of a reason for the recall which is related to the official responsibilities of indicating that the official for whom removal is sought has been charged with committing a crime, as defined under s. 939.12, violating s. 19.59 (1), or violating a local ordinance establishing a local code of ethics, as provided under s. 19.59 (1m), and a copy of the criminal or civil complaint alleging the crime or violation. No petitioner may circulate a petition for the recall of an officer prior to completing registration. The last date that a petition for the recall of an officer may be offered for filing is 5 p.m. on the 60th day commencing after registration. After the recall petition has been offered for filing, no name may be added or removed. No signature may be counted unless the date of the signature is within the period provided in this paragraph.

AB225,47 Section 47. 9.20 (4) of the statutes is renumbered 9.20 (4) (intro.) and amended to read:

AB225,36,24 9.20 (4) (intro.) The common council or village board shall, without alteration, either pass to the ordinance or resolution, do one of the following:

AB225,37,2 (a) Pass the ordinance or resolution within 30 days following the date of the clerk's final certificate, or submit it.

AB225,37,6 (b) Submit the ordinance or resolution to the electors at the next spring or general election, if the election is more than 6 weeks after the date of the council's or board's action on the petition or the expiration of the 30-day period, whichever first occurs.

AB225,37,12 (c) If there are 6 weeks or less before the election, the ordinance or resolution shall be voted on at the next succeeding election thereafter. The council or board by a three-fourths vote of the members-elect may order a special election for the purpose of voting on the ordinance or resolution at any time prior to the next election, but not more than one special election for direct legislation may be ordered in any 6-month period authorized under s. 8.065 (2).

AB225,48 Section 48. 11.01 (11g) and (11r) of the statutes are created to read:

AB225,37,19 11.01 (11g) "Independent disbursement" means a disbursement to make a communication that expressly advocates the election or defeat of a clearly identified candidate, that is made without cooperation or consultation with a candidate, or any authorized committee or agent of a candidate, and that is not made in concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent of a candidate.

AB225,37,22 (11r) "Independent disbursement committee" means a committee that makes no disbursements other than independent disbursements and disbursements made for the administrative support of the committee.

AB225,49 Section 49. 11.01 (16) (intro.) of the statutes is amended to read:

AB225,38,11 11.01 (16) (intro.) An act is for "political purposes" when it is done for the purpose of influencing the election or nomination for election of any individual to state or local office, for the purpose of influencing the recall from or retention in office of an individual holding a state or local office, for the purpose of payment of expenses incurred as a result of a recount at an election, or for the purpose of influencing a particular vote at a referendum, except as provided in par. (b). In the case of a candidate, or a committee or group which is organized primarily for the purpose of influencing the election or nomination for election of any individual to state or local office, for the purpose of influencing the recall from or retention in office of an individual holding a state or local office, or for the purpose of influencing a particular vote at a referendum, all administrative and overhead expenses for the maintenance of an office or staff which are used principally for any such purpose are deemed to be for a political purpose.

AB225,50 Section 50. 11.01 (16) (a) (intro.) of the statutes is amended to read:

AB225,38,14 11.01 (16) (a) (intro.) Acts which are for "political purposes" include but are not limited to:

AB225,51 Section 51. 11.01 (16) (a) 1. of the statutes is repealed and recreated to read:

AB225,38,19 11.01 (16) (a) 1. The making of a communication that contains one or more terms such as the following or their functional equivalents with reference to a clearly identified candidate that expressly advocates the election or defeat of that candidate and that unambiguously relates to the campaign of that candidate:

AB225,38,20 a. "Vote for."

AB225,38,21 b. "Elect."

AB225,38,22 c. "Support."

AB225,38,23 d. "Cast your ballot for."

AB225,38,24 e. "Smith for Assembly."

AB225,38,25 f. "Vote against."

AB225,39,1 g. "Defeat."

AB225,39,2 h. "Reject."

AB225,52 Section 52. 11.01 (16) (b) of the statutes renumbered 11.01 (16) (b) (intro.) and is amended to read:

AB225,39,5 11.01 (16) (b) (intro.) A "political purpose" does not include expenditures:

AB225,39,8 2. An expenditure made for the purpose of supporting or defending a person who is being investigated for, charged with or convicted of a criminal violation of state or federal law, or an agent or dependent of such a person.

AB225,53 Section 53. 11.01 (16) (b) 1. of the statutes is created to read:

AB225,39,14 11.01 (16) (b) 1. A communication made by an individual other than a candidate, or by an organization not organized exclusively for a purpose specified in sub. (16) (intro.) and the communication does not expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a question at a referendum.

AB225,54 Section 54. 11.05 (3) (c) of the statutes is amended to read:

AB225,39,20 11.05 (3) (c) In the case of a committee, a statement as to whether the committee is a personal campaign committee, a political party committee, a legislative campaign committee, a support committee or a special interest committee, and a statement as to whether the committee is an independent disbursement committee.

AB225,55 Section 55. 11.05 (8) of the statutes is renumbered 11.05 (8) (intro.) and amended to read:

AB225,40,3 11.05 (8) Certain intra-registrant transfers exempt. (intro.) If an organization which that is not organized exclusively for political purposes makes a contribution from its own property or funds to a committee or group, affiliated with the organization, which is and organized exclusively for political purposes, and the all of the following apply, then no registration requirement applies to the contributing organization:

AB225,40,5 (a) The contributing organization receives no contribution from a single source in excess of $20 $100 in the aggregate during any calendar year, and it.

AB225,40,9 (b) The contributing organization makes no contributions or disbursements and incurs no obligations other than to make the transactions specified in this subsection, then no registration requirement applies to the contributing organization.

AB225,56 Section 56. 11.05 (11g) of the statutes is created to read:

AB225,40,16 11.05 (11g) Limited political activity exempt. (a) An individual other than a candidate, or a corporation, association, or other entity not organized exclusively for political purposes, that makes one or more independent disbursements is subject to a reporting requirement under this section only with respect to independent disbursements that the individual or entity makes and the contributions it receives specifically for the purpose of making independent disbursements.

AB225,40,21 (b) If a corporation, association, or other entity makes no contributions or disbursements other than to or on behalf of one or more independent disbursement committees and receives no contributions or other income for the express purpose of making independent disbursements, the corporation, association, or other entity is not subject to a registration requirement under this section.

AB225,57 Section 57. 11.06 (1) (intro.) of the statutes is amended to read:

AB225,41,4 11.06 (1) Contents of report. (intro.) Except as provided in subs. (1g), (2), (3) and (3m) and ss. 11.05 (2r) and 11.19 (2), each registrant under s. 11.05 shall make full reports, upon a form prescribed by the board and signed by the appropriate individual under sub. (5), of all contributions received, contributions or disbursements made, and obligations incurred. Each report shall contain the following information, covering the period since the last date covered on the previous report, unless otherwise provided:

AB225,58 Section 58. 11.06 (1) (j) of the statutes is amended to read:

AB225,41,10 11.06 (1) (j) In the case of a committee or individual filing an oath under sub. (7), a separate schedule showing for each independent disbursement which is made independently of a candidate, other than a contribution made to that candidate, the name of the candidate or candidates on in whose behalf or in opposition to whom the disbursement is made, indicating whether the purpose is support or opposition.

AB225,59 Section 59. 11.06 (1g) of the statutes is created to read:

AB225,41,17 11.06 (1g) Limited political activity exempt. An individual other than a candidate, or a corporation, association, or other entity not organized exclusively for political purposes, that makes one or more independent disbursements is subject to a reporting requirement under this section only with respect to independent disbursements that the individual or entity makes and the contributions it receives specifically for the purpose of making independent disbursements.

AB225,60 Section 60. 11.09 of the statutes is repealed.

AB225,61 Section 61. 11.12 (1) (d) of the statutes is amended to read:

AB225,41,21 11.12 (1) (d) Paragraph (a) does not apply to disbursements and obligations which are exempted from reporting under s. 11.06 (1g) or (2).

AB225,62 Section 62. 11.12 (3) of the statutes is amended to read:

AB225,42,4 11.12 (3) All contributions, disbursements and incurred obligations exceeding $10 $25 shall be recorded by the campaign or committee treasurer or the individual under s. 11.06 (7). He or she shall maintain such records in an organized and legible manner, for not less than 3 years after the date of an election in which the registrant participates. If a report is submitted under s. 11.19 (1), the records may be transferred to a continuing committee or to the appropriate filing officer for retention. Records shall include the information required under s. 11.06 (1).

AB225,63 Section 63. 11.12 (4) of the statutes is amended to read:

AB225,42,9 11.12 (4) Each registrant shall report contributions, disbursements and incurred obligations in accordance with s. 11.20. Except as permitted under s. 11.06 (1g), (2), (3) and (3m), each report shall contain the information which is required under s. 11.06 (1).

AB225,64 Section 64. 11.16 (1) (d) of the statutes is amended to read:

AB225,42,12 11.16 (1) (d) This subsection does not apply to disbursements and obligations which are exempted from reporting under s. 11.06 (1g) or (2).

AB225,65 Section 65. 11.25 (4) of the statutes is created to read:

AB225,42,16 11.25 (4) No independent disbursement committee that accepts any contribution from an entity specified in s. 11.38 (1) (a) 1. may make any contribution that the entity is prohibited from making under s. 11.38 (1) (a) 1.

AB225,66 Section 66. 11.29 (1) of the statutes is amended to read:

AB225,43,3 11.29 (1) Nothing in this chapter restricts any A corporation, cooperative, unincorporated cooperative association, or voluntary association, other than a political party or personal campaign committee from making disbursements, may make a disbursement for the purpose of communicating only with its members, shareholders, or subscribers, to the exclusion of all other persons, with respect to endorsements of candidates, positions the endorsement of a candidate, taking a position on a referendum or explanation of, explaining its views or interests, or providing information about how to make a contribution to a candidate endorsed by the corporation, cooperative, or association without reporting such activity. No such corporation, cooperative, or association may solicit contributions from persons who are not members, shareholders, or subscribers to be used for such purposes activity.

AB225,67 Section 67. 11.33 (2m) of the statutes is created to read:

AB225,43,10 11.33 (2m) This section does not apply to the cost of materials or distribution of a communication made by a member of the legislature to an address located within the legislative district represented by that member during the 45-day period following declaration of a state of emergency by the governor under s. 323.10 affecting any county in which the district is located if the communication relates solely to the subject of the emergency.

AB225,68 Section 68. 11.38 (title) and (1) (a) 1. of the statutes are amended to read:

AB225,43,19 11.38 (title) Contributions and disbursements by corporations and cooperatives, certain associations, and other entities. (1) (a) 1. No foreign or domestic corporation, or association organized under ch. 185 or 193, may make any contribution or disbursement, directly or indirectly, either independently or through any political party, committee, group, candidate or individual for any purpose other than to promote or defeat a referendum except to an individual or group for the purpose of advocating the adoption or rejection of a referendum question or to an independent disbursement committee.

AB225,69 Section 69. 11.38 (1) (a) 4. to 7. of the statutes are created to read:

AB225,43,25 11.38 (1) (a) 4. Any foreign or domestic corporation, association organized under ch. 185 or 193, or other entity that is not organized exclusively for political purposes may make an independent disbursement. A corporation, association, or other entity that makes an independent disbursement is not subject to a reporting requirement under s. 11.06 (1) on account of such activity.

AB225,44,13 5. A corporation, association, or other entity that makes one or more independent disbursements in a total amount or value exceeding $750 in the aggregate during a calendar year shall file a registration statement with the appropriate filing officer before making any independent disbursement or disbursements exceeding that amount or value. The corporation, association, or other entity shall also file an oath prescribed by the board affirming its independence from any candidate or candidate's agent or authorized committee. The registration statement shall be filed on a form prescribed by the board, which shall include the name and mailing address of the corporation, association, or other entity, the identity of the custodian of records for the corporation, association, or other entity and the address where the records are kept, and the name and address of a financial institution at which the corporation, association, or other entity has established an account and from which the entity makes the independent disbursements.

AB225,44,24 6. A corporation, association, or other entity that makes one or more independent disbursements shall file reports with the appropriate filing officer showing the amount of each independent disbursement, the date on which it is made, and the name of the candidate or candidates on whose behalf or in opposition to whom the disbursement is made, indicating whether the purpose is support or opposition. Except during the period specified in s. 11.12 (6), the reports shall be filed within 72 hours after the independent disbursement is made to the general public. During the period specified in s. 11.12 (6), the reports shall be filed within 24 hours after the independent disbursement is made to the general public. The reports shall include the identity of any donor to the corporation, association, or other entity who made a donation specifically in support of any independent disbursement.

AB225,45,5 7. A corporation, association, or other entity that makes one or more independent disbursements shall include in each communication an oral or written attribution identifying the corporation, association, or entity with the words "Paid for by" followed by the name of the corporation, association, or entity and the words "Not authorized by any candidate or political party or their respective agents."

AB225,70 Section 70. 11.38 (1) (b) of the statutes is amended to read:

AB225,45,9 11.38 (1) (b) No political party, committee, group, candidate or individual may accept any contribution or disbursement made to or on behalf of such individual or entity which is prohibited by this section.

AB225,71 Section 71. 11.38 (2) (c) of the statutes is repealed.

AB225,72 Section 72. 11.38 (8) (b) of the statutes is amended to read:

AB225,45,25 11.38 (8) (b) Except as authorized in s. 11.05 (11g), (12) (b) and (13), prior to making any disbursement exceeding the amount specified under s. 11.23 (1) on behalf of a political group which is promoting or opposing a particular vote at a referendum and prior to accepting any contribution or making any disbursement exceeding that amount to promote or oppose a particular vote at a referendum, a corporation or association organized under ch. 185 or 193 that becomes subject to a registration requirement under s. 11.23 (1) shall register with the appropriate filing officer specified in s. 11.02 and appoint a treasurer. The registration form of the corporation or association under s. 11.05 shall designate an account separate from all other corporation or association accounts as a campaign depository account, through which all moneys received or expended for the adoption or rejection of the referendum shall pass. The corporation or association shall file periodic reports under s. 11.20 providing the information required under s. 11.06 (1) except as authorized in s. 11.06 (1g).

AB225,73 Section 73. 13.625 (1) (c) (intro.) of the statutes is amended to read:

AB225,46,11 13.625 (1) (c) (intro.) Except as permitted in this subsection, make a campaign contribution, as defined in s. 11.01 (6), to a partisan elective state official for the purpose of promoting the official's election to any national, state , or local office,; or to a candidate for a partisan elective state office to be filled at the general election or a special election,; or to the official's or candidate's personal campaign committee. A lobbyist may make a campaign contribution to a partisan elective state official or candidate for partisan elective state office or his or her to the personal campaign committee may be made of the official or candidate in the year of a the official's or candidate's election between June 1 the first day authorized by law for the circulation of nomination papers as a candidate and the day of the general election, except that:

AB225,74 Section 74. 17.02 (1) of the statutes is amended to read:

AB225,46,17 17.02 (1) Senators and members of congress. Of the resignation of a United States senator or member of congress from this state, by the senator or member of congress to the secretary of state. Upon receipt of notice of the resignation, the secretary of state shall give immediate notice to the governor of the resignation including the effective date thereof.

AB225,75 Section 75. 17.18 of the statutes is amended to read:

AB225,46,23 17.18 Vacancies, U.S. senator and representative in congress; how filled. Vacancies in the office of U.S. senator or representative in congress from this state shall be filled by election, as provided in s. 8.50 (4) (b), for the residue of the unexpired term. In addition, an anticipated vacancy in the office of U.S. senator or representative in congress may be filled as provided in s. 8.50 (4) (bm).

AB225,76 Section 76. 24.66 (3) (b) of the statutes is amended to read:

AB225,47,7 24.66 (3) (b) For long-term loans by unified school districts. Every application for a loan, the required repayment of which exceeds 10 years, shall be approved and authorized for a unified school district by a majority vote of the members of the school board at a regular or special meeting of the school board. Every vote so required shall be by ayes and noes duly recorded. In addition, the application shall be approved for a unified school district by a majority vote of the electors of the school district at a special an election as provided under sub. (4).