AB353: Bill Text

2013 - 2014 LEGISLATURE

2013 Assembly BILL 353

September 10, 2013 - Introduced by Representatives C. Taylor, Shankland, Barnes, Berceau, Bernard Schaber, Billings, Goyke, Hebl, Hesselbein, Hulsey, Kahl, Kolste, Ohnstad, Sargent, Wachs and Wright, cosponsored by Senators Risser, Carpenter, Harris, Lehman, Miller and Schultz. Referred to Committee on Campaigns and Elections.

AB353,2,2 An Act to repeal 10.02 (3) (b) 2.; to renumber and amend 7.70 (3) (e); to amend 5.02 (12s), 5.35 (6) (b), 5.37 (4), 5.62 (1) (a), 5.62 (3), 5.81 (4), 5.91 (1), 5.91 (6), 8.15 (7), 8.16 (1), 8.20 (8) (a), 8.20 (9), 8.35 (4) (a) 1. a. and b., 8.50 (1) (d), 8.50 (3) (b), 10.06 (1) (e), 10.06 (1) (i), 11.06 (1) (a), 11.06 (1) (g), 11.06 (2), 11.26 (2) (a), 11.26 (9) (a), 11.26 (9) (b), 11.31 (1) (intro.) and 11.38 (6); and to create 5.62 (6), 7.08 (2) (ca) and (cn), 7.70 (3) (em) 1., 8.16 (5m), 8.35 (4) (ba), 10.02 (3) (b) 2n., 11.01 (4m), 11.01 (16) (a) 3., 11.05 (3) (s), 11.31 (9), 11.52, 14.58 (20a), 20.511 (1) (qa), 20.855 (4) (bc), 25.17 (1) (aw) and 25.426 of the statutes; relating to: the scope of regulated activity under the campaign finance law, public financing of elections for certain state offices, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, granting rule-making authority, making appropriations, and providing a penalty.

Analysis by the Legislative Reference Bureau

Scope of regulated activity

Currently, individuals who accept contributions, organizations that make or accept contributions, and individuals who or organizations that incur obligations or make disbursements for the purpose of influencing an election for state or local office are generally required to register with the appropriate filing officer and to file financial reports with that officer, regardless of whether they act in conjunction with or independently of any candidate who is supported or opposed.

With certain exceptions, this bill imposes registration and reporting requirements, in addition, upon any individual who and organization that, within 60 days of an election and by means of communications media, makes any communication that includes a reference to a candidate for state office, other than court of appeals judge, circuit judge, or district attorney, at that election, a state office, other than court of appeals judge, circuit judge, or district attorney, to be filled at that election, or a political party. The bill also requires an individual who or organization that becomes subject to a registration requirement by making such a communication to report, upon registration, the information that would have been required to be reported if the individual or organization had been registered with respect to any obligation incurred or disbursement made for the purpose of making such a communication prior to registration. The bill, however, does not require registration and reporting if the communication is made by a corporation, cooperative, or nonpolitical voluntary association and is limited to the corporation's, cooperative's, or association's members, shareholders, or subscribers.

The change in the scope of reportable activity under the bill also applies to contribution and disbursement (spending) limitations and restrictions by causing reportable "contributions," "obligations," and "disbursements" to include the cost of all reportable communications.

Public financing of elections for certain state offices

Currently, no public grants are available to finance the campaigns of any candidate for state or local office in this state. This bill creates a clean elections fund to provide grants to qualifying candidates for campaign expenses. Under the bill, a candidate for any state office other than court of appeals judge, circuit judge, or district attorney may qualify to receive a grant from the clean elections fund. Separate grants are provided for primary and election campaigns. To qualify for a grant, a candidate must qualify to have his or her name appear on the ballot at a spring, partisan, or special primary or a spring, general, or special election for which the grant will be used. To qualify for a grant at a general or partisan special election, a candidate must be the nominee of a political party that currently qualifies to have its candidates appear on a separate ballot, or in a separate column or row on the ballot, or must receive at least 1 percent of the total vote cast on all ballots for the office that the candidate seeks at the partisan primary, or at the special primary, if a special primary is held. In addition, a candidate must raise and deposit with the state treasurer a specified number of qualifying contributions in the amount of $5 each. Each qualifying contribution must be received from an elector of this state and, for a candidate seeking legislative office, from an elector of the district in which the candidate seeks office. The name and address of the contributor must be reported to the Government Accountability Board (GAB). The number of qualifying contributions ranges from 3,000 to 100, depending on the office sought by the candidate. Prior to notification that a candidate has qualified to receive a grant, the candidate may also accept seed money contributions in amounts of not more than $100 cumulatively from a single contributor subject to aggregate limitations that vary from $50,000 to $1,500 depending upon the office sought by the candidate. The bill permits a candidate to expend the proceeds of seed money contributions for any lawful purpose.

Under the bill, a candidate may receive two kinds of grants: a basic grant and matching grants. The maximum amount of a basic grant that a candidate may receive ranges from $1,000,000 in the primary and $2,000,000 in the election to $25,000 in the primary and $50,000 in the election, depending on the office sought by the candidate, except if a candidate has no opponent whose name is certified to appear on the ballot. Under the bill, an unopposed candidate at a primary election may receive a basic grant equal to the average total disbursements made per candidate in primary elections for the office that the candidate seeks during the four-year period preceding the date of the primary election, and an unopposed candidate at a spring, general, or special election may receive a basic grant equal to the average total disbursements made per candidate in spring, general, and special elections for the office that the candidate seeks during the four-year period preceding the date of the spring, general, or special election, except that a candidate for the office of governor may receive a basic grant of $100,000 for a primary election and $200,000 for a general election. Basic grant amounts are subject to a biennial cost-of-living adjustment.

In addition to a basic grant, a qualifying candidate may receive a matching grant from the clean elections fund for each contribution up to $25 cumulatively that the candidate receives from an individual in an amount equal to three times the amount of the contribution. To receive a matching grant, a candidate must report certain information concerning the contribution to GAB. There is no limitation on the total amount of matching contributions that a candidate may qualify to receive under the bill.

To receive a grant, a candidate must affirm that he or she has not accepted and agrees not to accept, before the candidate qualifies to receive a grant, a contribution from any source other than qualifying contributions or seed money contributions. The candidate must also agree that he or she will not accept any other contributions after the candidate qualifies to receive a basic grant except matching contributions, subject to the limitations provided in the bill. (The agreement does not apply to contributions accepted before the bill becomes law.) The total seed money contributions accepted by a candidate from one contributor, including contributions by a candidate to his or her own campaign, may not exceed $100. The total seed money contributions that may be accepted by a candidate from all contributors ranges from $50,000 to $1,500, depending on the office sought by the candidate. The bill permits grants to be spent for any lawful purpose. Under the bill, a candidate must return to the state grant moneys that are not spent by the candidate after an election except that a candidate who is nominated in a primary election need not return any grant moneys after the primary if the candidate qualifies to receive a grant for the succeeding election.

The bill provides that if a candidate does not adhere to the agreement required to obtain a grant, the candidate is subject to a forfeiture (civil penalty) equivalent to the amount of the grant that the candidate received, and may be fined an amount equal to not more than three times the amount of any contributions received by the candidate excluding the amount of any grant and any qualifying, seed money, or matching contributions that are permitted to be accepted under the bill.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

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

AB353,1 Section 1. 5.02 (12s) of the statutes is amended to read:

AB353,4,5 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 receive grants from the clean elections fund.

AB353,2 Section 2. 5.35 (6) (b) of the statutes is amended to read:

AB353,5,7 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 a 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.

AB353,3 Section 3. 5.37 (4) of the statutes is amended to read:

AB353,5,17 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.

AB353,4 Section 4. 5.62 (1) (a) of the statutes is amended to read:

AB353,6,14 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 as 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.

AB353,5 Section 5. 5.62 (3) of the statutes is amended to read:

AB353,6,25 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.

AB353,6 Section 6. 5.62 (6) of the statutes is created to read:

AB353,7,9 5.62 (6) 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 recognized political party whose name appears on the ballot, column or row designated for independent candidates, as provided in sub. (1) (b) 2. or (2) (b), but no space shall be provided to write in the names of independent candidates.

AB353,7 Section 7. 5.81 (4) of the statutes is amended to read:

AB353,7,15 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. Failure to designate a preference or a preference for the independent candidates does not invalidate any votes cast by an elector, except as provided in s. 7.50 (1) (d).

AB353,8 Section 8. 5.91 (1) of the statutes is amended to read:

AB353,7,19 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.

AB353,9 Section 9. 5.91 (6) of the statutes is amended to read:

AB353,8,2 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.

AB353,10 Section 10. 7.08 (2) (ca) and (cn) of the statutes are created to read:

AB353,8,11 7.08 (2) (ca) 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. 11.52 (5) and whom the board determines to be eligible to receive grants from the clean elections fund. The list shall contain each candidate's name, the mailing address indicated upon the candidate's registration form, the office for which the individual is a candidate and the party or principle which he or she represents, if any.

AB353,8,19 (cn) 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. 11.52 (5) and whom the board determines to be eligible to receive a grant from the clean elections fund prior to the election. The list shall contain each candidate's name, the mailing address indicated upon the candidate's registration form, the office for which the individual is a candidate and the party or principle which he or she represents, if any.

AB353,11 Section 11. 7.70 (3) (e) of the statutes is renumbered 7.70 (3) (em) (intro.) and amended to read:

AB353,8,23 7.70 (3) (em) (intro.) The chairperson of the board or the chairperson's designee shall make a special statement to the board as certifying:

AB353,9,3 2. As soon as possible after the canvass of the general election certifying, the name of each political party which receives at least one percent of the vote cast in such election for any statewide office.

AB353,12 Section 12. 7.70 (3) (em) 1. of the statutes is created to read:

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: