AB298: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB298,1 Section 1. 5.02 (12s) of the statutes is amended to read:

AB298,3,5 5.02 (12s) "Partisan primary" means the primary held the 2nd Tuesday in August to nominate candidates to be voted for at the general election and to determine which candidates for state offices other than district attorney may participate in the Wisconsin election campaign fund.

AB298,2 Section 2. 5.35 (6) (b) of the statutes is amended to read:

AB298,4,8 5.35 (6) (b) At each polling place in the state where a consolidated ballot under s. 5.655 is used or an electronic voting system is utilized at a partisan primary election incorporating a ballot upon which electors may mark votes for candidates of more than one recognized political party or for candidates of a recognized political party and independent candidates, the municipal clerk or board of election commissioners shall prominently post a sign in the form prescribed by the board warning electors in substance that on any ballot with votes cast for candidates of more than one recognized political party or any ballot with votes cast for candidates of any recognized political party and independent candidates, no votes cast for any candidates for partisan office will be counted unless a preference for a party or for the independent candidates is made. If the elector designates a preference, only votes cast for candidates of that preference will be counted.

AB298,3 Section 3. 5.37 (4) of the statutes is amended to read:

AB298,4,18 5.37 (4) Voting machines may be used at primary elections when they comply with subs. (1) and (2) and the following provisions: All candidates' names entitled to appear on the ballots at the primary shall appear on the machine; the elector cannot vote for candidates of more than one party, whenever the restriction applies, and an elector who votes for candidates of any party may not vote for independent candidates at the partisan primary; the elector may secretly select the party for which he or she wishes to vote or the independent candidates in the case of the partisan primary; the elector may vote for as many candidates for each office as he or she is lawfully entitled to vote for, but no more.

AB298,4 Section 4. 5.62 (1) (a) of the statutes is amended to read:

AB298,5,15 5.62 (1) (a) At the partisan primary, the following ballot shall be provided for the nomination of candidates of recognized political parties for national, state and county offices and independent candidates for state office in each ward, in the same form as prescribed by the board under s. 7.08 (1) (a), except as authorized in s. 5.655. The ballots shall be made up of the several party tickets with each party entitled to participate in the primary under par. (b) or sub. (2) having its own ballot, except as authorized in s. 5.655. The independent candidates for state office other than district attorney shall have a separate ballot for all such candidates under s. 5.64 (1) (e), except as authorized in s. 5.655. The ballots shall be secured together at the bottom. The party ballot of the party receiving the most votes for president or governor at the last general election shall be on top with the other parties arranged in descending order based on their vote for president or governor at the last general election. The ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying under par. (b), in the same order in which the parties filed petitions with the board. Any ballot required under par. (b) 2. shall be placed next in order. The ballot listing the independent candidates shall be placed at the bottom. At polling places where voting machines are used, each party and the independent candidates shall be represented in one or more separate columns or rows on the ballot. At polling places where an electronic voting system is used other than an electronic voting machine, each party and the independent candidates may be represented in separate columns or rows on the ballot.

AB298,5 Section 5. 5.62 (3) of the statutes is amended to read:

AB298,6,2 5.62 (3) The board shall designate the official primary ballot arrangement for statewide offices and district attorney within each prosecutorial district by using the same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate column or row on the ballot, the candidates for office shall be listed together with the offices which they seek in the following order whenever these offices appear on the partisan primary ballot: governor, lieutenant governor, attorney general, secretary of state, state treasurer, U.S. senator, U.S. representative in congress, state senator, representative to the assembly, district attorney and the county offices. Below the names of the independent candidates shall appear the party or principle of the candidates, if any, in 5 words or less, as shown on their nomination papers.

AB298,6 Section 6. 5.62 (5) of the statutes is created to read:

AB298,6,11 5.62 (5) At the partisan primary, an elector may vote for the candidates of only one party, or the elector may vote for any of the independent candidates for state office listed; but the elector may not vote for more than one candidate for a single office. A space shall be provided on the ballot for an elector to write in the name of his or her choice as a party candidate for any office, including a party candidate of a party whose name appears on the ballot, column, or row designated for independent candidates, as provided in sub. (1) (b) or (2) (b), but no space shall be provided for an elector to write in the names of independent candidates.

AB298,7 Section 7. 5.81 (4) of the statutes is amended to read:

AB298,6,17 5.81 (4) In partisan primary elections, if a ballot contains the names of candidates of more than one party or the names of party candidates and independent candidates, it shall provide a space for electors to designate a party preference or a preference for independent candidates. Failure to designate a preference does not invalidate any votes cast by an elector, except as provided in s. 7.50 (1) (d).

AB298,8 Section 8. 5.91 (1) of the statutes is amended to read:

AB298,6,21 5.91 (1) It enables an elector to vote in secrecy and to select the party for which or the independent candidates for whom an elector will vote in secrecy at a partisan primary election.

AB298,9 Section 9. 5.91 (6) of the statutes is amended to read:

AB298,7,4 5.91 (6) The voting device or machine permits an elector in a primary election to vote for the candidates of the recognized political party or the independent candidates of his or her choice, and the automatic tabulating equipment or machine rejects any ballot on which votes are cast in the primary of more than one recognized political party, except where a party or independent candidate designation is made or where an elector casts write-in votes for candidates of more than one party on a ballot that is distributed to the elector.

AB298,10 Section 10. 7.08 (2) (c) of the statutes is created to read:

AB298,7,13 7.08 (2) (c) As soon as possible after the canvass of the spring and partisan primary votes, but no later than the first Tuesday in March and the 4th Tuesday in August, transmit to the state treasurer a certified list of all eligible candidates for state office who have filed applications under s. 11.50 (2) and whom the board determines to be eligible to receive grants from the Wisconsin election campaign fund. The list shall contain each candidate's name, the mailing address indicated on the candidate's registration statement, the office the candidate seeks, and the party or principle the candidate represents, if any.

AB298,11 Section 11. 7.08 (2) (cm) of the statutes is created to read:

AB298,7,22 7.08 (2) (cm) As soon as possible after the canvass of a special primary, or the date that the primary would be held, if required, transmit to the state treasurer a certified list of all eligible candidates for state office who have filed applications under s. 11.50 (2) and whom the board determines to be eligible to receive a grant under s. 11.50 (1) (a) 2. after the special election. The list shall contain each candidate's name the mailing address indicated on the candidate's registration statement, the office the candidate seeks, and the party or principle the candidate represents, if any.

AB298,12 Section 12. 7.70 (3) (e) of the statutes is renumbered 7.70 (3) (e) (intro.) and amended to read:

AB298,8,3 7.70 (3) (e) (intro.) The chairperson of the board or the chairperson's designee shall make a special statement to the board as soon as possible after the canvass of the general election certifying:

AB298,8,5 2. After the general election, the name of each political party which receives at least one percent of the vote cast in such election for any statewide office.

AB298,13 Section 13. 7.70 (3) (e) 1. of the statutes is created to read:

AB298,8,12 7.70 (3) (e) 1. After each partisan primary, the name of each candidate not defeated in the primary who receives at least 6 percent of the total vote cast for all candidates on all ballots at the primary for each separate state office except district attorney, and the percentage of the total vote received by that candidate. In the case of legislative candidates, the percentage shall be calculated within each legislative district.

AB298,14 Section 14. 8.15 (7) of the statutes is amended to read:

AB298,8,20 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.

AB298,15 Section 15. 8.16 (1) of the statutes is amended to read:

AB298,9,3 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 partisan primary.

AB298,16 Section 16. 8.16 (5) of the statutes is created to read:

AB298,9,10 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.

AB298,17 Section 17. 8.20 (8) (a) of the statutes is amended to read:

AB298,9,24 8.20 (8) (a) Nomination papers for independent candidates for any office to be voted upon at a general election or partisan primary and general election, except president, vice president and presidential elector, may be circulated no sooner than April 15 preceding the election and may be filed no later than 5 p.m. on the June 1 preceding the partisan 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 June 1 preceding the partisan 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.

AB298,18 Section 18. 8.20 (9) of the statutes is amended to read:

AB298,10,13 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 partisan 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.

AB298,19 Section 19. 8.35 (4) (b) of the statutes is created to read:

AB298,10,23 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.

AB298,20 Section 20. 8.35 (4) (c) of the statutes is amended to read:

AB298,11,8 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.

AB298,21 Section 21. 8.50 (3) (b) of the statutes is amended to read:

AB298,11,22 8.50 (3) (b) Except as otherwise provided in this section, the provisions for the partisan primary 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.

AB298,22 Section 22. 10.02 (3) (b) 2. of the statutes is amended to read:

AB298,12,2 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 (✘) 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.

AB298,23 Section 23. 10.02 (3) (b) 2m. of the statutes is created to read:

AB298,12,12 10.02 (3) (b) 2m. At the partisan 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 (✘) 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 partisan 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.

AB298,24 Section 24. 10.06 (1) (e) of the statutes is amended to read:

AB298,12,21 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, 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.

AB298,25 Section 25. 10.06 (1) (i) of the statutes is amended to read:

AB298,13,2 10.06 (1) (i) As soon as possible after the state canvass, but no later than the 4th Tuesday in August, 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).

AB298,26 Section 26. 11.06 (1) (jm) of the statutes is amended to read:

AB298,13,12 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).

AB298,27 Section 27. 11.16 (5) of the statutes is amended to read:

AB298,14,3 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).

AB298,28 Section 28. 11.21 (15) of the statutes is created to read:

AB298,14,9 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.

AB298,29 Section 29. 11.26 (9) (c) of the statutes is created to read:

AB298,14,12 11.26 (9) (c) For purposes of pars. (a) and (b), a "committee" includes the Wisconsin election campaign fund.

AB298,30 Section 30. 11.26 (10) of the statutes is created to read:

AB298,15,4 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.

AB298,31 Section 31. 11.26 (13) of the statutes is created to read:

AB298,15,7 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.

AB298,32 Section 32. 11.26 (17) (a) of the statutes is amended to read:

AB298,15,11 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.

AB298,33 Section 33. 11.31 (title) of the statutes is amended to read:

AB298,15,13 11.31 (title) Disbursement levels and limitations; calculation.

AB298,34 Section 34. 11.31 (1) (intro.) of the statutes is amended to read:

AB298,15,18 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.

AB298,35 Section 35. 11.31 (2) of the statutes is created to read:

AB298,16,7 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 may 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 and 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.

AB298,36 Section 36. 11.31 (2m) of the statutes is created to read:

AB298,16,16 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.

AB298,37 Section 37. 11.31 (3) of the statutes is created to read:

AB298,16,23 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.

AB298,38 Section 38. 11.31 (3m) of the statutes is created to read:

AB298,17,12 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 partisan 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.

AB298,39 Section 39. 11.31 (4) of the statutes is created to read:

AB298,17,22 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.

AB298,40 Section 40. 11.31 (6) of the statutes is created to read:

AB298,17,25 11.31 (6) Exclusions. In computing the limitations under this section, a candidate may exclude any of the following:

AB298,18,1 1. Contributions returned to the contributor.

AB298,18,2 2. Loan repayments made.

AB298,18,4 3. Inaugural expenses paid from a campaign depository account under s. 11.25 (2) (b).

AB298,18,5 4. Expenses incurred as a result of a recount.

AB298,18,6 5. All federal, state, and local taxes paid.

AB298,18,7 6. Any reimbursement paid to a candidate for the candidate's travel expenses.