AB387: Bill Text

AB387,105,7 (1) Prescribe forms for making the reports, statements, and notices required by this chapter. The board shall make the forms available free of charge on the board's Internet site and shall distribute or arrange for the distribution of all forms for use by other filing officers.

AB387,105,9 (2) Upon request, transmit a form described under sub. (1), free of charge, by facsimile or by 1st class mail.

AB387,105,12 (3) (a) Prepare and publish for the use of persons required to file reports and statements under this chapter a manual setting forth simply and concisely recommended uniform methods of bookkeeping and reporting.

AB387,105,15 (b) Prepare, publish, and revise as necessary a manual simply and concisely describing the filing and registration requirements established in this chapter in detail, as well as other major provisions of this chapter and ch. 12.

AB387,105,17 (4) Develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter.

AB387,105,19 (5) Assign an identification number to each committee for whom the board acts as a filing officer under s. 11.0102 (1) and to each conduit.

AB387,106,4 (6) (a) Except as provided in par. (b), require each committee for whom the board serves as filing officer under s. 11.0102 (1) to file each campaign finance report that is required to be filed under this chapter in an electronic format. The board shall permit an authorized individual to provide at the time of filing an electronic signature, as defined in s. 137.11 (8), that is subject to a security procedure, as defined in s. 137.11 (13). A committee that files a report under this subsection in an electronic format may file with the board that portion of the report signed by an authorized individual rather than submit the electronic signature of that individual. The board shall provide complete instructions to any committee that files a report under this subsection.

AB387,106,11 (b) Permit a committee that accepts contributions in a total amount or value of $1,000 or less during a campaign period to opt out of the requirement to file a campaign finance report in an electronic format as specified in par. (a). In this paragraph, the campaign period of a candidate committee begins and ends as provided under s. 11.1103, and the campaign period of any other committee begins on January 1 of each odd-numbered year and ends on December 31 of the following year.

AB387,106,14 (7) Compile and maintain on an electronic system a current list of all reports and statements received by or required of and pertaining to each committee registered under this chapter.

AB387,106,17 (8) Maintain a duplicate record of any statement received by a political action committee under s. 11.0505 or by a person under subchapter VII together with the record of each candidate to whom it relates.

AB387,106,20 (9) Determine whether each report or statement required to be filed under this chapter has been filed in the form and by the time prescribed by law, and whether it conforms on its face to the requirements of this chapter.

AB387,107,2 (10) Immediately send to any committee or conduit which is delinquent in filing, or which has filed otherwise than in the proper form, a notice that the committee or conduit has failed to comply with this chapter. Whenever a candidate committee has appointed an individual other than the candidate as campaign treasurer, the board shall send the notice to both the candidate and the treasurer of the candidate committee.

AB387,107,5 (11) Receive and maintain in an orderly manner all reports and statements required to be filed with the state under the federal election campaign act. The board shall:

AB387,107,7 (a) Preserve such reports and statements for a period of 6 years from date of receipt.

AB387,107,10 (b) Compile and maintain a current list of all reports and statements pertaining to each candidate who is required to file a report or statement under the federal election campaign act.

AB387,107,15 (c) Promptly compile and release for public inspection a list of all reports received from candidates for national office and from committees supporting or opposing such candidates which are required to be filed with the state under the federal election campaign act, as soon as possible after each deadline for receipt of such reports as provided by federal law.

AB387,107,19 (12) Make the reports and statements filed under this chapter, including those reports and statements filed under sub. (11), available on the board's Internet site for public inspection and copying, commencing as soon as practicable but not later than the end of the 2nd day following the day during which they are received.

AB387,107,21 (13) Upon the request of any person, permit copying of any report or statement described under sub. (12) by hand or by duplicating machine at cost.

AB387,107,23 (14) Include in its biennial report under s. 15.04 (1) (d) compilations of any of the following in its discretion:

AB387,107,25 (a) Total reported contributions, disbursements, and incurred obligations for all committees registered and reporting under this chapter during the biennium.

AB387,108,3 (b) Total amounts contributed during the biennium, reported by contribution amounts as determined by the board, to each type of committee registered and reporting under this chapter.

AB387,108,6 (c) Total amounts expended during the biennium, reported by disbursement amounts as determined by the board, by each type of committee registered and reporting under this chapter.

AB387,108,8 (d) Total amounts expended for influencing nominations and elections whenever separate information is reported.

AB387,108,10 (e) Aggregate amounts contributed by any contributors shown to have contributed more than $100.

AB387,108,13 (15) Prepare and publish from time to time special reports comparing the various totals and categories of contributions and disbursements made with respect to preceding elections.

AB387,108,14 (16) Make available a list of delinquents for public inspection.

AB387,108,15 (17) Promulgate rules to administer this chapter.

AB387,108,16 subchapter XIV

AB387,108,17 Penalties

AB387,108,19 11.1400 Civil penalties. (1) Any person who violates this chapter may be required to forfeit not more than $500 for each violation.

AB387,108,23 (2) In addition to the penalty under sub. (1), any person who is delinquent in filing a report required by this chapter may be required to forfeit not more than $50 or one percent of the annual salary of the office for which the candidate is being supported or opposed, whichever is greater, for each day of delinquency.

AB387,109,3 (3) Notwithstanding sub. (1), any person who makes any contribution in violation of this chapter may be required to forfeit treble the amount of the contribution or portion of that contribution which is illegally contributed.

AB387,109,6 (4) Notwithstanding sub. (1), any person who violates s. 11.0102 (3) or 11.1208 shall forfeit $10 for each person who is solicited, but not more than $1,000 for each report from which persons are solicited, in violation of s. 11.0102 (3) or 11.1208.

AB387,109,10 (5) Notwithstanding sub. (1), any person who is subject to a requirement to pay a filing fee under s. 11.0102 and who fails to pay that fee within the time prescribed in that section shall forfeit $500 plus treble the amount of the fee payable by that person.

AB387,109,17 (6) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (h), 5.08, and 5.081, actions under this section may be brought by the board or, upon the board's determination of probable cause, by the district attorney for the county where the defendant resides or, if the defendant is a nonresident, by the district attorney for the county where the violation is alleged to have occurred. For purposes of this subsection, a person other than an individual resides within a county if the person's principal place of operation is located within that county.

AB387,109,21 (7) Any elector may file a verified petition with the board requesting that civil action under this chapter be brought against any person or committee. The petition shall allege such facts as are within the knowledge of the petitioner to show probable cause that a violation of this chapter has occurred.

AB387,109,24 (8) When a candidate committee treasurer or candidate's agent incurs an obligation or makes a disbursement, that action by the treasurer or agent is imputed to the candidate for purposes of civil liability under this subchapter.

AB387,110,3 (9) In civil actions under this chapter the acts of every member of a candidate committee are presumed to be with the candidate's knowledge or approval until clearly proven otherwise.

AB387,110,6 11.1401 Criminal penalties; prosecution. (1) (a) Whoever intentionally violates s. 11.1204 or any registration or reporting requirement under this chapter is guilty of a Class I felony.

AB387,110,10 (b) Whoever intentionally violates subch. XI or s. 11.1201, 11.1208, or 11.1303 is guilty of a Class I felony if the intentional violation does not involve a specific figure or if the intentional violation concerns a figure which exceeds $100 in amount or value.

AB387,110,12 (c) Whoever intentionally violates any of the following may be fined not more than $1,000 or imprisoned not more than 6 months or both:

AB387,110,13 1. Any provision of this chapter other than those provided in par. (a).

AB387,110,15 2. Any provision under par. (b) if the violation concerns a specific amount or value not exceeding $100.

AB387,110,22 (2) Except as otherwise provided in ss. 5.05 (2m) (c) 15. and 16. and (i), 5.08, and 5.081, and only after the board has determined probable cause, all prosecutions under this section shall be conducted by the district attorney for the county where the defendant resides or, if the defendant is a nonresident, by the district attorney for the county where the violation is alleged to have occurred. For purposes of this subsection, a person other than a individual resides within a county if the person's principal place of operation is located within that county.

AB387,111,7 (3) (a) If a successful candidate for public office, other than a candidate for the legislature, is adjudged guilty in a criminal action of any violation of this chapter under sub. (1) (a) or (b), or of any violation of ch. 12 under s. 12.60 (1) (a) committed during his or her candidacy, the court shall after entering judgment enter a supplemental judgment declaring a forfeiture of the candidate's right to office. The supplemental judgment shall be transmitted to the officer or agency authorized to issue the certificate of nomination or election to the office for which the person convicted is a candidate. If the candidate's term has not yet begun, the candidate shall not take office. If the candidate's term has begun, the office shall become vacant. The office shall then be filled in the manner provided by law.

AB387,111,12 (b) If a successful candidate for the legislature is adjudged guilty in a criminal action of any violation of this chapter under sub. (1) (a) or (b), or of any violation of ch. 12 under s. 12.60 (1) (a) committed during his or her candidacy, the court shall after entering judgment certify its findings to the presiding officer of the house of the legislature to which the candidate was elected.

AB387,25 Section 25. 12.07 (4) of the statutes is amended to read:

AB387,111,24 12.07 (4) No person may, directly or indirectly, cause any person to make a contribution or provide any service or other thing of value to or for the benefit of a candidate, political party or registrant committee registered under s. 11.05 chapter 11, with the purpose of influencing the election or nomination of a candidate to national, state or local office or the passage or defeat of a referendum by means of the denial or the threat of denial of any employment, position, work or promotion, or any compensation or other benefit of such employment, position or work, or by means of discharge, demotion or disciplinary action or the threat to impose a discharge, demotion or disciplinary action. This subsection does not apply to employment by a candidate, political party or other registrant committee registered under s. 11.05 chapter 11 in connection with a campaign or political party activities.

AB387,26 Section 26. 12.08 of the statutes is amended to read:

AB387,112,9 12.08 Denial of government benefits. No person may, directly or indirectly, cause any person to make a contribution or provide any service or other thing of value to or for the benefit of a candidate, political party or registrant committee registered under s. 11.05 chapter 11, with the purpose of influencing the election or nomination of a candidate to national, state, or local office or the passage or defeat of a referendum by means of the denial or threat of denial of any payment or other benefit of a program established or funded in whole or in part by this state or any local governmental unit of this state, or a program which has applied for funding by this state or any local governmental unit of this state.

AB387,27 Section 27. 12.13 (3) (h) of the statutes is amended to read:

AB387,112,18 12.13 (3) (h) Deface, destroy or remove any legally placed election campaign advertising poster with intent to disrupt the campaign advertising efforts of any candidate, or of any committee, group or individual committee registered under ch. 11, or alter the information printed thereon so as to change the meaning thereof to the disadvantage of the candidate or cause espoused. Nothing in this paragraph restricts the right of any owner or occupant of any real property, or the owner or operator of any motor vehicle, to remove campaign advertising posters from such property or vehicle.

AB387,28 Section 28. 12.60 (4) of the statutes is amended to read:

AB387,112,21 12.60 (4) Prosecutions under this chapter shall be conducted in accordance with s. 11.61 11.1401 (2).

AB387,29 Section 29. 13.62 (5g) of the statutes is amended to read:

AB387,112,23 13.62 (5g) "Candidate" has the meaning given under s. 11.01 (1) 11.0101 (1).

AB387,30 Section 30. 13.62 (5j) of the statutes is created to read:

AB387,112,25 13.62 (5j) "Candidate committee" has the meaning given in s. 11.0101 (2).

AB387,31 Section 31. 13.62 (5r) of the statutes is amended to read:

AB387,113,4 13.62 (5r) "Communications media" has the meaning given under s. 11.01 (5) means newspapers, periodicals, commercial billboards and radio and television stations, including community antenna television stations.

AB387,32 Section 32. 13.62 (5u) of the statutes is created to read:

AB387,113,6 13.62 (5u) "Contribution" has the meaning given in s. 11.0101 (8).

AB387,33 Section 33. 13.62 (11t) of the statutes is repealed.

AB387,34 Section 34. 13.625 (1) (b) (intro.) of the statutes is amended to read:

AB387,113,12 13.625 (1) (b) (intro.) Furnish Give to any agency official or legislative employee of the state or to any elective state official or candidate for an elective state office, or to the official's, employee's or candidate's personal campaign candidate committee of the official, employee, or candidate:

AB387,35 Section 35. 13.625 (1) (b) 3. of the statutes is amended to read:

AB387,113,19 13.625 (1) (b) 3. Food, meals, beverages, money or any other thing of pecuniary value, except that a lobbyist may make a campaign contribution to a partisan elective state official or candidate for national, state or local office or to the official's or candidate's personal campaign candidate committee of the official or candidate; but a lobbyist may make a contribution to which par. (c) sub. (1m) applies only as authorized in par. (c) sub. (1m).

AB387,36 Section 36. 13.625 (1) (c) (intro.) of the statutes is renumbered 13.625 (1m) (a) (intro.) and amended to read:

AB387,113,23 13.625 (1m) (a) (intro.) Except as permitted provided in this subsection, personally make par. (b), a lobbyist may not do any of the following:

AB387,114,3 1. Make a campaign personal 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.

AB387,114,5 2. Make a personal contribution to a candidate for a partisan elective state office to be filled at the general election or a special election; or.

AB387,114,8 3. Make a personal contribution to the official's or candidate's personal campaign candidate committee of a partisan elective state official or candidate for partisan state elective office.

AB387,114,14 (b) A lobbyist may personally make a campaign personal contribution to a partisan elective state official or candidate for partisan elective state office or to the personal campaign candidate committee of the official or candidate in the year of a candidate's election between the first day authorized by law for the circulation of nomination papers as a candidate at a general election or special election and the day of the general election or special election, except that:

AB387,37 Section 37. 13.625 (1) (c) 1. of the statutes is renumbered 13.625 (1m) (b) 1. and amended to read:

AB387,114,19 13.625 (1m) (b) 1. A campaign contribution to a candidate for legislative office may be made during that period only if the legislature has concluded its final floorperiod, and is not in special or extraordinary session.

AB387,38 Section 38. 13.625 (1) (c) 2. of the statutes is renumbered 13.625 (1m) (b) 2. and amended to read:

AB387,114,24 13.625 (1m) (b) 2. A campaign contribution by a lobbyist to the lobbyist's campaign candidate committee for partisan elective state office may be made at any time.

AB387,39 Section 39. 13.625 (2) of the statutes is amended to read:

AB387,115,4 13.625 (2) No principal may engage in the practices prohibited under sub. subs. (1) (b) and (c) (1m). This subsection does not apply to the furnishing of transportation, lodging, food, meals, beverages, or any other thing of pecuniary value which is also made available to the general public.

AB387,40 Section 40. 13.625 (3) of the statutes is amended to read:

AB387,115,12 13.625 (3) No candidate for an elective state office, elective state official, agency official, or legislative employee of the state may solicit or accept anything of pecuniary value from a lobbyist or principal, except as permitted under subs. (1) (b) 3. and (c), (1m), (2), (4), (5), (6), (7), (8) and (9). No personal campaign candidate committee of a candidate for state office may accept anything of pecuniary value from a lobbyist or principal, except as permitted for such a candidate under subs. (1) (b) 3. and (c), (1m), (2), and (6).

AB387,41 Section 41. 13.625 (6r) of the statutes is amended to read:

AB387,115,23 13.625 (6r) Subsections (1) (b) and (c) , (1m), and (3) do not apply to the furnishing of anything of pecuniary value by a lobbyist or principal to an employee of that lobbyist or principal who is a legislative official or an agency official solely because of membership on a state commission, board, council, committee or similar body if the thing of pecuniary value is not in excess of that customarily provided by the employer to similarly situated employees and if the legislative official or agency official receives no compensation for his or her services other than a per diem or reimbursement for actual and necessary expenses incurred in the performance of his or her duties, nor to the receipt of anything of pecuniary value by that legislative official or agency official under those circumstances.

AB387,42 Section 42. 13.69 (6) of the statutes is amended to read:

AB387,116,4 13.69 (6) Any candidate for an elective state office, elective state official, agency official, or legislative employee of the state who, or any personal campaign candidate committee which, violates s. 13.625 (3) may be required to forfeit not more than $1,000.

AB387,43 Section 43. 13.695 (4) of the statutes is amended to read:

AB387,116,15 13.695 (4) No officer or employee of an agency who is identified in a statement filed under this section may engage in the prohibited practices set forth in s. 13.625 (1) (a) or (d), or use state funds to engage in the practices set forth in s. 13.625 (1) (b) or to make campaign contributions as defined in s. 11.01 (6) a contribution. This subsection does not prohibit an agency official who is identified in a statement filed under this section from authorizing salaries and other payments authorized by law to be paid to state officers, employees, consultants, or contractors, or candidates for state office, or from authorizing property or services of the agency to be provided for official purposes or other purposes authorized by law, whenever that action is taken in the normal course of affairs.