AB353: Bill Text

AB353,9,11 7.70 (3) (em) 1. As soon as possible after the canvass of each partisan primary and special primary for a partisan state office other than the office of district attorney, the name of each candidate not defeated in the primary who receives at least 1 percent of all votes cast on all ballots for the office for which he or she is a candidate, other than the office of district attorney, and the percentage of the total vote received by that candidate. The percentage shall be calculated within each district in the case of legislative candidates.

AB353,13 Section 13. 8.15 (7) of the statutes is amended to read:

AB353,9,19 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.

AB353,14 Section 14. 8.16 (1) of the statutes is amended to read:

AB353,9,25 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 or on any special election ballot regardless of the number of votes received by those candidates at the partisan primary or at any special primary.

AB353,15 Section 15. 8.16 (5m) of the statutes is created to read:

AB353,10,9 8.16 (5m) Any candidate for a partisan state office except district attorney may also qualify for a grant under s. 11.52 if the candidate meets the requirements specified in s. 11.52; however, a candidate who qualifies under this section for placement on the official ballot at the general election or a special election shall appear on such ballot regardless of whether he or she qualifies for a grant under s. 11.52.

AB353,16 Section 16. 8.20 (8) (a) of the statutes is amended to read:

AB353,10,25 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.

AB353,17 Section 17. 8.20 (9) of the statutes is amended to read:

AB353,11,11 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, 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 "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.

AB353,18 Section 18. 8.35 (4) (a) 1. a. and b. of the statutes are amended to read:

AB353,11,19 8.35 (4) (a) 1. a. Donated If the former candidate was a partisan candidate, donated to the former candidate's local or state political party if the former candidate was a partisan candidate, or donated to the a charitable organization of, as instructed by the former candidate's choice candidate or, if the charitable organization chosen by the former candidate is deceased and left no instruction, as instructed by the former candidate's next of kin if the former candidate is deceased, or if no choice is made returned to the donors on a proportional basis; or

AB353,11,24 b. If the former candidate was a nonpartisan candidate, donated to the a charitable organization of the former candidate's choice or the charitable organization chosen, as instructed by the former candidate or, if the former candidate is deceased and left no instruction, as instructed by the former candidate's next of kin if the former candidate is deceased; or

AB353,19 Section 19. 8.35 (4) (ba) of the statutes is created to read:

AB353,12,5 8.35 (4) (ba) Notwithstanding par. (a), any unspent and unencumbered grant moneys received by a candidate from the clean elections fund shall be immediately transferred to any candidate who is appointed and qualified to replace that candidate. If there is no candidate who is appointed and qualified, the moneys shall revert to the clean elections fund.

AB353,20 Section 20. 8.50 (1) (d) of the statutes is amended to read:

AB353,12,25 8.50 (1) (d) When the election concerns a national office or a special election for state office is held concurrently with the general election, the board shall transmit to each county clerk a certified list of all persons for whom nomination papers have been filed in its office at least 62 days before the special primary, and in other cases the board shall transmit the list to each county clerk at least 22 days before the special primary. If no primary is required, the list shall be transmitted at least 42 days prior to the day of the special election unless the special election concerns a national office or is held concurrently with the general election, in which case the list shall be transmitted at least 62 days prior to the day of the special election. If a special primary for a state office is held, the board shall send a certified list of candidates who are eligible to receive grants under s. 11.52 to the state treasurer pursuant to s. 7.08 (2) (cn). Immediately upon receipt of the certified list of candidates from the board, the county clerk shall prepare his or her ballots. For a county special election, the county clerk shall certify the candidates and prepare the ballots. If there is a primary, the county clerk shall publish one type B notice in a newspaper under ch. 10. When a primary is held, as soon as possible after the primary, the county clerk shall certify the candidates and prepare the ballots for the following special election. The clerk shall publish one type B notice in a newspaper under ch. 10 for the election.

AB353,21 Section 21. 8.50 (3) (b) of the statutes is amended to read:

AB353,13,14 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). Independent candidates for a partisan state office at a special partisan election shall 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.

AB353,22 Section 22. 10.02 (3) (b) 2. of the statutes is repealed.

AB353,23 Section 23. 10.02 (3) (b) 2n. of the statutes is created to read:

AB353,13,25 10.02 (3) (b) 2n. At a 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 (X) 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 party candidate, if any. In order to qualify for a grant from the clean elections fund, a candidate for state office, other than the office of district attorney, at the partisan primary or a special primary, if a special primary is held, must receive at least 1 percent of all votes cast on all ballots for the office for which he or she is a candidate, in addition to other requirements.

AB353,24 Section 24. 10.06 (1) (e) of the statutes is amended to read:

AB353,14,9 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. 11.52 to the state treasurer pursuant to s. 7.08 (2) (ca). 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.

AB353,25 Section 25. 10.06 (1) (i) of the statutes is amended to read:

AB353,14,15 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. 11.52 to the state treasurer pursuant to s. 7.08 (2) (ca).

AB353,26 Section 26. 11.01 (4m) of the statutes is created to read:

AB353,14,22 11.01 (4m) "Communication" means a message transmitted by means of a printed advertisement, billboard, handbill, sample ballot, radio or television advertisement, telephone call, or any medium that may be utilized for the purpose of disseminating or broadcasting a message, but not including a poll conducted solely for the purpose of identifying or collecting data concerning the attitudes or preferences of electors.

AB353,27 Section 27. 11.01 (16) (a) 3. of the statutes is created to read:

AB353,15,7 11.01 (16) (a) 3. A communication that is made by means of one or more communications media, other than a communication that is exempt from reporting under s. 11.29, that is made during the period beginning on the 60th day preceding an election and ending on the date of that election, and that includes a reference to a candidate for state office, other than court of appeals judge, circuit judge, or district attorney, whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that election, a reference to a state office, other than court of appeals judge, circuit judge, or district attorney, to be filled at that election, or a reference to a political party.

AB353,28 Section 28. 11.05 (3) (s) of the statutes is created to read:

AB353,15,13 11.05 (3) (s) In the case of a registrant that has made a communication identified in s. 11.01 (16) (a) 3., a report containing the information specified in s. 11.06 (1) with respect to any obligation to make a disbursement incurred or any disbursement made for the purpose of making such a communication prior to registration.

AB353,29 Section 29. 11.06 (1) (a) of the statutes is amended to read:

AB353,15,19 11.06 (1) (a) An Except as required under s. 11.52 (2), an itemized statement giving the date, full name and street address of each contributor who has made a contribution in excess of $20, or whose contribution if $20 or less aggregates more than $20 for the calendar year, together with the amount of the contribution and the cumulative total contributions made by that contributor for the calendar year.

AB353,30 Section 30. 11.06 (1) (g) of the statutes is amended to read:

AB353,15,24 11.06 (1) (g) An Except as required under s. 11.52 (7), an itemized statement of every disbursement exceeding $20 in amount or value, together with the name and address of the person to whom the disbursement was made, and the date and specific purpose for which the disbursement was made.

AB353,31 Section 31. 11.06 (2) of the statutes is amended to read:

AB353,16,11 11.06 (2) Disclosure of certain indirect disbursements. Notwithstanding sub. (1), if a disbursement is made or obligation incurred by an individual other than a candidate or by a committee or group which is not primarily organized for political purposes, and the disbursement does not constitute a contribution to any candidate or other individual, committee, or group, and the disbursement is not made or the obligation is not incurred for the purpose of making a communication specified in s. 11.01 (16) (a) 3., the disbursement or obligation is required to be reported only if the purpose is to expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a referendum. The exemption provided by this subsection shall in no case be construed to apply to a political party, legislative campaign, personal campaign or support committee.

AB353,32 Section 32. 11.26 (2) (a) of the statutes is amended to read:

AB353,16,16 11.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent, or justice, 4 percent of the value of the disbursement level specified in the schedule under s. 11.31 (1), as adjusted under s. 11.31 (9).

AB353,33 Section 33. 11.26 (9) (a) of the statutes is amended to read:

AB353,16,23 11.26 (9) (a) No individual who is a candidate for state or local office may receive and accept more than 65 percent of the value of the total disbursement level determined under s. 11.31, adjusted as provided in s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party and legislative campaign committees.

AB353,34 Section 34. 11.26 (9) (b) of the statutes is amended to read:

AB353,17,6 11.26 (9) (b) No individual who is a candidate for state or local office may receive and accept more than 45 percent of the value of the total disbursement level determined under s. 11.31, adjusted as provided in s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement.

AB353,35 Section 35. 11.31 (1) (intro.) of the statutes is amended to read:

AB353,17,12 11.31 (1) Schedule. (intro.) The following levels of disbursements are established with reference to the candidates listed below. The levels are subject to adjustment under sub. (9). 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.

AB353,36 Section 36. 11.31 (9) of the statutes is created to read:

AB353,17,17 11.31 (9) Adjustment of disbursement levels. (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

AB353,18,11 (b) The dollar amounts of the levels specified in sub. (1) are subject to a biennial adjustment to be determined by rule of the board in accordance with this paragraph. To determine the adjustment, the board shall, in each year that the adjustment is made, calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for calendar year 2013. For each biennium, the board shall multiply the amount of each level specified under sub. (1) by the percentage difference in the consumer price indexes. The board shall then add that product to the applicable level under sub. (1), round each sum to the nearest multiple of $5, and adjust the amount of each level to substitute the resulting amount. The amount so determined shall then be in effect until a subsequent rule is promulgated under this paragraph. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this paragraph may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare and without a finding of emergency. Notwithstanding ss. 227.135 (2) and (4) and 227.24 (1) (c) and (e) 1d. and 1g. and (2) (a), a proposed emergency rule promulgated under this paragraph and the statement of the scope of the proposed emergency rule are not subject to approval of the governor and the emergency rule remains in effect until the nonemergency rule corresponding to that rule takes effect.

AB353,37 Section 37. 11.38 (6) of the statutes is amended to read:

AB353,18,16 11.38 (6) Any individual or campaign treasurer who receives funds in violation of this section shall promptly return such funds to the contributor , or donate the funds to the common school fund or a charitable organization, at the individual's or treasurer's option.

AB353,38 Section 38. 11.52 of the statutes is created to read:

AB353,18,22 11.52 Clean elections fund grants. (1) Any candidate for a state office, other than the office of court of appeals judge, circuit judge, or district attorney, whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at an election may qualify to receive a grant from the clean elections fund by fulfilling the requirements of this section.

AB353,19,5 (2) (a) To qualify to receive a basic grant from the clean elections fund, a candidate shall obtain and deposit with the state treasurer the number of qualifying contributions specified in this subsection, in the amount of $5 each, each of which shall be received from an elector of this state and, in the case of a candidate for legislative office, an elector of the district in which the candidate seeks office. The candidate shall identify the name and address of each elector making a qualifying contribution in a report filed with the board as provided in s. 11.06 (1) (a). The number of required qualifying contributions for a candidate for each office is:

AB353,19,6 1. Governor, 3,000.

AB353,19,7 2. Lieutenant governor, 750.

AB353,19,8 3. Attorney general, 1,050.

AB353,19,9 4. State treasurer, 375.

AB353,19,10 5. Secretary of state, 375.

AB353,19,11 6. State superintendent, 375.

AB353,19,12 7. Justice, 450.

AB353,19,13 8. State senator, 150.

AB353,19,14 9. Representative to the assembly, 100.

AB353,19,17 (b) To qualify to receive a matching grant from the clean elections fund, a candidate shall verify his or her receipt of qualifying matching contributions under sub. (10).

AB353,19,23 (c) In addition to the requirements imposed under pars. (a) and (b), a candidate for a state office does not qualify to receive a grant for a general or partisan special election unless the candidate is the nominee of a recognized political party for that office or the candidate receives at least 1 percent of the total vote cast for all candidates on all ballots for the same office at the partisan primary, or at a special primary if a special primary is held.

AB353,20,6 (3) Prior to notification that a candidate has qualified to receive a grant from the clean elections fund under sub. (5), a candidate may accept seed money contributions from individuals. The total seed money contributions accepted by a candidate from one contributor, including any seed money contributions made by a candidate to his or her own campaign, may not exceed $100. The total seed money contributions accepted by a candidate during the candidate's campaign, as defined in s. 11.26 (17), may not exceed, in the aggregate, the following amount for the office sought by candidate:

AB353,20,7 (a) Governor, $50,000.

AB353,20,8 (b) Lieutenant governor, $12,500.

AB353,20,9 (c) Attorney general, $17,500.

AB353,20,10 (d) State treasurer, $6,250.

AB353,20,11 (e) Secretary of state, $6,250.

AB353,20,12 (f) State superintendent, $6,250.

AB353,20,13 (g) Justice, $7,500.

AB353,20,14 (h) State senator, $2,500.

AB353,20,15 (i) Representative to the assembly, $1,500.

AB353,20,20 (4) A contributor who makes a qualifying contribution may also make a seed money contribution in the full amount authorized under sub. (3) or a matching contribution in the full amount authorized under sub. (10), or both. A contributor who makes a seed money contribution under sub. (3) may also make a matching contribution in the full amount authorized under sub. (10).

AB353,21,7 (5) (a) To qualify to receive a grant from the clean elections fund, a candidate shall file an application with the board, no later than a time specified by the board by rule, in which the candidate shall affirm that he or she has not accepted and agrees not to accept after notification of the candidate's qualification a contribution from any source other than a contribution required under sub. (2) or a contribution authorized under sub. (3), except matching contributions in the amount authorized under sub. (10) and except as otherwise provided in par. (b). If the candidate desires to receive grant payments by electronic transfer, the candidate shall include in his or her application sufficient information and authorization for the state treasurer to transfer payments to his or her campaign depository account. The board shall notify each candidate who qualifies to receive a grant from the clean elections fund as promptly as possible following qualification.

AB353,21,10 (b) A candidate who receives a grant at a primary election but does not qualify to receive a grant at the succeeding general or special election is not required to adhere to his or her affirmation under par. (a) after the date of the primary election.

AB353,21,15 (6) (a) The board shall distribute basic primary election grants from the clean elections fund to each candidate who qualifies to receive a grant under this section as soon as possible preceding the date on which the primary election is held for the office that the candidate seeks or the date on which the primary election would be held if a primary election were required to be held.

AB353,21,20 (b) The board shall distribute basic grants for the spring, general, and any special election from the clean elections fund to each candidate who qualifies to receive a grant under this section as soon as possible after the date of the primary election for the office sought by the candidate, or the date on which the primary election would be held if a primary election were required to be held.

AB353,22,2 (c) The board shall distribute matching grants for any election from the clean elections fund to each candidate who qualifies to receive a matching grant under this section as soon as possible after the date on which the board verifies that the candidate is eligible to receive a matching grant. The board shall distribute additional matching grants at periodic intervals after initial matching grants are distributed as soon as the board is able to verify eligibility for additional grants.

AB353,22,5 (7) A candidate who receives a grant from the clean elections fund shall file with the board reports of all disbursements made in the manner provided under s. 11.06 (1) (g), without regard to the amounts thereof.

AB353,22,9 (8) (a) Except as provided in par. (b) and sub. (9), a candidate who qualifies to receive a basic grant from the clean elections fund under this section shall receive a grant in the following amount for the office sought by the candidate and for the election specified: - See PDF for table

AB353,23,8 (b) If a candidate does not have an opponent who has qualified to have his or her name appear on the ballot at the election for which a grant is to be applied, the candidate shall receive a basic grant for a primary election equal to the average total disbursements made per candidate in primary election campaign periods, as determined on a statewide basis by the board from reports filed by or on behalf of those candidates in accordance with s. 11.31 (5), for the office that the candidate seeks during the 4-year period preceding the date of the primary election, or a basic grant for a spring, general, or special election equal to the average total disbursements made per candidate in general and special election campaign periods, as determined on a statewide basis by the board from reports filed by or on behalf of those candidates in accordance with s. 11.31 (5), for the office that the candidate seeks during the 4-year period preceding the date of the spring, general, or special election, less the aggregate amount of contributions accepted by the candidate under sub. (3) except that a candidate for the office of governor shall receive a basic grant of $100,000 for a primary election and a basic grant of $200,000 for a general election.

AB353,23,11 (9) (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

AB353,24,7 (b) The dollar amounts of the grants specified in sub. (8) (a) and the grants specified for the office of governor in sub. (8) (b) are subject to a biennial cost-of-living adjustment to be determined by rule of the board in accordance with this paragraph. To determine the adjustment, the board shall, as soon as possible after the end of each odd-numbered year, calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for calendar year 2013. For each biennium, the board shall multiply the amount of each grant specified in sub. (8) by the percentage difference in the consumer price indexes. The board shall then add that product to the applicable grant amount under sub. (8), round each sum to the nearest multiple of $5, and adjust the amount of each grant to substitute the resulting amount. The amount so determined shall then be in effect until a subsequent rule is promulgated under this paragraph. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), determinations under this paragraph may be promulgated as an emergency rule under s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare, and without a finding of emergency. Notwithstanding ss. 227.135 (2) and (4) and 227.24 (1) (c) and (e) 1d. and 1g. and (2) (a), a proposed emergency rule promulgated under this paragraph and the statement of the scope of the proposed emergency rule are not subject to approval of the governor and the emergency rule remains in effect until the nonemergency rule corresponding to that rule takes effect.

AB353,24,25 (10) A candidate who receives notification under sub. (5) that the candidate has qualified to receive a basic grant may also qualify to receive matching grants under this subsection. A matching grant shall be in an amount equal to 3 times the amount of any contribution or contributions up to $25 cumulatively that are received by a candidate from an individual exclusive of any seed money or qualifying contributions received by the candidate from the same individual. A candidate who receives a matching contribution shall separately identify the contribution in the candidate's financial reports under s. 11.06 (1). A candidate who receives one or more matching contributions after the end of a reporting period for his or her most recent financial report may file a special report in the manner prescribed by the board disclosing the pertinent information under s. 11.06 (1) in the manner specified in sub. (7) with respect to the matching contributions. The candidate shall also include the information in his or her next financial report. The board shall make a reasonable effort to verify reports of eligibility for matching grants for use at an election if the reports are received by the board by the Thursday before the election. The board shall not provide matching grants to candidates for use in an election unless the board is able to verify eligibility for the grants by 4 p.m. on the Friday before the election.

AB353,25,2 (11) Except as provided in sub. (2) (a), a candidate may expend the proceeds of grants and other contributions received for any lawful purpose.