Effective date note
NOTE: Par. (f) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(f) The board shall disapprove the application of any candidate who has a balance in his or her campaign depository account, as reported under par. (c), that is equal to or greater than 100% of the disbursement level specified under s. 11.31 (1), as adjusted under s. 11.31 (9), for the office that the candidate seeks, but without respect to any adjustment under s. 11.31 (3r). The board shall inform each candidate in writing of the approval or disapproval of the candidate's application, as promptly as possible after the date of the spring primary, September primary, special primary, or date that the primary would be held, if required. With respect to a candidate at a special election who applies for a postelection grant under sub. (1) (a) 1. b., the board shall inform the candidate in writing of the conditional approval or disapproval of the candidate's application at the same time.
11.50(2)(g)
(g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the contribution limitations prescribed in
s. 11.26 and the disbursement limitations imposed under
s. 11.31 as binding upon himself or herself and his or her agents during the campaign as defined in
s. 11.31 (7), as a precondition to receipt of a grant under this section, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws the application under
par. (h), or
par. (i) applies.
Effective date note
NOTE: Par. (g) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the contribution limitations prescribed in s. 11.26 and the disbursement limitations imposed under s. 11.31 (2), adjusted as provided under s. 11.31 (9), as binding upon himself or herself and his or her agents during the campaign as defined in s. 11.31 (7), as a precondition to receipt of a grant under this section, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws the application under par. (h), or par. (i) or s. 11.31 (3p) applies to the candidate.
11.50(2)(h)
(h) An eligible candidate who files an application under
par. (a) may file a written withdrawal of the application. A withdrawal of an application may be filed with the board no later than the 7th day after the day of the primary in which the person withdrawing the application is a candidate or the 7th day after the date that the primary would be held, if required. If an application is withdrawn in accordance with this paragraph, the person withdrawing the application is no longer bound by the statement filed under
par. (a) after the date of the withdrawal.
Effective date note
NOTE: Par. (h) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(h) An eligible candidate who files an application under par. (a) may file a written withdrawal of the application. A withdrawal of an application may be filed with the board no later than the 8th day before the day of the primary in which the person withdrawing the application is a candidate; or in the case of the spring election no later than the 8th day before the date that the primary would be held, if required; or in the case of a partisan special election for which no primary is held for any party nomination, no later than the 35th day before the election. If an application is withdrawn in accordance with this paragraph, the person withdrawing the application is no longer bound by the affidavit filed under s. 11.31 (2m) (a) after the date of the withdrawal.
11.50(2)(i)
(i) Notwithstanding
par. (g), if an eligible candidate at the spring election or a special nonpartisan election who accepts a grant is opposed by one or more candidates in the election, or if an eligible candidate at the general election or a special partisan election who accepts a grant is opposed by one or more candidates in the election who receive at least 6% of the vote cast for all candidates for the same office on all ballots at the September primary or a special partisan primary if a primary was held, and in either case if any such opponent of the eligible candidate does not accept a grant under this section in whole or in part, the eligible candidate is not bound by the pledge made in his or her application to adhere to the contribution limitations prescribed in
s. 11.26 and the disbursement limitation prescribed under
s. 11.31, unless each such opponent files an affidavit of voluntary compliance under
s. 11.31 (2m).
Effective date note
NOTE: Par. (i) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(i) Notwithstanding par. (g), if an eligible candidate at the spring election or a special nonpartisan election who accepts a grant is opposed by one or more candidates in the election, or if an eligible candidate at the general election or a special partisan election who accepts a grant is opposed by one or more candidates in the election who receive at least 6% of the vote cast for all candidates for the same office on all ballots at the September primary or a special partisan primary if a primary was held, and in either case if any such opponent of the eligible candidate does not accept a grant under this section in whole or in part, the eligible candidate is not bound by the pledge made in his or her application to adhere to the contribution limitations prescribed in s. 11.26 and the disbursement limitation prescribed under s. 11.31 (2), unless each such opponent files an affidavit under s. 11.31 (2m) (b) and s. 11.31 (3p) does not apply to the candidate.
11.50(2)(j)
(j) If a candidate who applies for a grant has accepted, or the candidate's personal campaign committee has accepted, any contributions from committees other than political party committees during the campaign for the office that the candidate seeks, except as authorized in the candidate's statement under
par. (a), the candidate, before accepting a grant whenever the full amount of the grant authorized under
sub. (9) is available to the candidate, shall return the contributions or their monetary equivalent to the contributor, or, at the contributor's option, donate an amount equal to the contribution to the fund or to the common school fund or, if the full amount of the grant authorized under
sub. (9) is not available to the candidate, shall return or donate sufficient contributions, if any, so that the contributions accepted do not exceed the amount authorized under
sub. (2) (a).
11.50(2m)(a)(a) Annually no later than September 1, the board may notify the state treasurer that an amount not exceeding 1% of the amount transferred to the fund in that year shall be placed in a public information account. The amount shall be drawn from the general account and from each political party account in proportion to each account's share of designations credited under
s. 71.10 (3) (b) in that year. Moneys in the public information account shall be expended by the board for the purpose of providing public information concerning the purpose and effect of this section and
s. 71.10 (3).
11.50(2m)(b)
(b) The board shall provide the department of revenue with an easily understood description of the purpose and effect of this section and
s. 71.10 (3) for use as required under
s. 71.10 (3) (b).
11.50(2m)(c)
(c) Any amount placed in the public information account under
par. (a) that is not expended by the board in any year shall be retained in that account.
11.50(2s)(a)(a) The state chairperson of each eligible political party may, by written request to the board, provide for the establishment or discontinuance of an account within the fund for that political party. Each political party account consists of all moneys designated by individuals for deposit in that account under
s. 71.10 (3) (am).
11.50(2s)(b)
(b) Within each political party account, 45% of the moneys designated for crediting to the account under
s. 71.10 (3) (a) [
s. 71.10 (3) (am)] shall be retained by the board for use in making grants to eligible candidates of that party under
sub. (4), and 55% of the moneys received shall be disbursed by the board to the eligible political party for use by the party in making contributions to eligible candidates of that party authorized under
par. (f).
11.50 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
11.50(2s)(c)
(c) Whenever an eligible candidate representing an eligible political party is eligible to receive a grant from the general account under
sub. (4), the state treasurer shall first make payment of the grant from the political party account of that party, to the extent that sufficient moneys are available in that account to make payment of the grant. From the moneys available in a political party account, the state treasurer shall make payments of grants to candidates in the following sequence:
11.50(2s)(c)1.
1. First, payment to candidates for legislative office.
11.50(2s)(c)2.
2. Second, payment to candidates for the office of governor.
11.50(2s)(c)3.
3. Third, payment to candidates for other state offices.
11.50(2s)(d)
(d) The board shall certify to the state treasurer that an eligible political party qualifies to receive a grant for an election under this subsection whenever at least one eligible candidate of that party qualifies to receive a grant under
sub. (2) for that election.
11.50(2s)(e)
(e) Each eligible political party that receives a grant under this section shall maintain all grant moneys received in a segregated account. All moneys in that account and any earnings on those moneys may be used by that party only to make contributions under
par. (f) to candidates of that party who qualify for a grant under
sub. (2). Within that account, the party shall establish 3 subaccounts. The party shall deposit 45% of the grant moneys received in each year in a subaccount to be used to make contributions to candidates for the office of senator, 45% of the grant moneys received in each year in a subaccount to be used to make contributions to candidates for the office of representative to the assembly, and 10% of the grant moneys received in each year in a subaccount to be used to make contributions to candidates for other state offices. The political party shall maintain documentation for a period and in a form that is satisfactory to the board for the purpose of verifying that all moneys in the account are used for a purpose authorized under this section. The political party shall promptly transfer to the board the full amount of any unencumbered moneys in the account if the political party ceases to be an eligible political party.
11.50(2s)(f)1.1. If a report filed under
s. 11.12 (8) indicates that a candidate for a partisan state office has made disbursements exceeding the amount specified under
s. 11.31 (1) (a) to
(d),
(e), or
(f) for the office that the candidate seeks, as adjusted under
s. 11.31 (9), then an eligible political party may make contributions to each eligible opposing candidate from the applicable account established under
par. (e) in the amounts determined by the party, but the total of such contributions to the candidate may not exceed the total amount by which the combined total of such disbursements exceeds the applicable amount specified under
s. 11.31 (1) (a) to
(d),
(e), or
(f), as adjusted under
s. 11.31 (9), minus any contributions accepted by the candidate under
s. 11.26 (9m).
11.50(2s)(f)2.
2. If a report filed under
s. 11.12 (6) (am) or
(c) indicates that disbursements have been made or are proposed to be made against an eligible candidate for a partisan state office or in support of such a candidate's opponent, or that obligations have been incurred for such a purpose, and if the aggregate total of such disbursements, proposed disbursements, and obligations, less any disbursements made, or to be made, for the purpose of the payment of obligations that were previously reported, exceeds 5% of the amount specified under
s. 11.31 (1) (a) to
(d),
(e), or
(f) for the office that the candidate seeks, as adjusted under
s. 11.31 (9), then an eligible political party may make contributions to the candidate from the applicable account established under
par. (e) in the amounts determined by the party, but the total of such contributions to the candidate may not exceed the total amount of the disbursements and obligations reported under
s. 11.12 (6) (am) during the period beginning with the 60th day preceding the general, special, or spring election at which the candidate seeks office and ending with the 31st day preceding that election, together with the total amount of the proposed disbursements and obligations reported under
s. 11.12 (6) (c), minus any contributions accepted by the candidate under
s. 11.26 (9m) and the amount of any disbursements made, or to be made, for the purpose of the payment of obligations that were previously reported.
11.50(2s)(g)
(g) If a political party for which an account is established under this subsection ceases to be an eligible political party, the board shall transfer the unencumbered balance of that account to the general account.
11.50(2w)
(2w) General account. There is established a general account within the fund consisting of all moneys designated by individuals for deposit in that account under
s. 71.10 (3) (am), all moneys transferred to that account under
sub. (2s) (g), and all moneys exceeding the disbursement limitation under
s. 11.31 (2), as adjusted under
s. 11.31 (9), and all moneys deposited in the fund under
subs. (2s) (e),
(8), and
(10m) and
ss. 8.35 (4) (a),
11.07 (5),
11.12 (2),
11.16 (2),
11.19 (1),
11.23 (2),
11.26 (1t) and
(2t), and
11.38 (6).
11.50(3)(a)(a) Annually on August 15, all moneys appropriated to the fund shall be apportioned as follows by the state treasurer:
11.50(3)(a)1.
1. If an election for state superintendent is scheduled in the following year, 8% of the fund shall be placed in a superintendency account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer.
11.50(3)(a)2.
2. If an election for justice is scheduled in the following year, 8% of the fund shall be placed in a supreme court account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer.
11.50(3)(b)
(b) If a vacancy occurs in the office of state superintendent or justice after August 15 in any year and an election is scheduled to fill the vacancy at the spring election in the following year, the state treasurer shall transfer an amount not exceeding 8% of the moneys transferred to the fund on the preceding August 15 to the account for the office in which the vacancy occurs, such moneys to be drawn from any account within the accounts created under
sub. (4) in the amount or amounts specified by the board.
11.50(4)
(4) Partisan and special election candidates. After apportionment under
sub. (3), the remaining moneys shall constitute the partisan campaign account.
11.50(4)(a)
(a) In the partisan campaign account, 25% of the moneys shall be apportioned into an executive campaign account and 75% of the moneys shall be apportioned into a legislative and special election campaign account.
11.50(4)(b)
(b) The executive campaign account shall be divided into accounts for each executive office as provided in this paragraph. The apportionment of moneys in the executive campaign account shall be made as follows:
11.50(4)(b)1.
1. Sixty-seven percent to be apportioned between all eligible candidates for governor.
11.50(4)(b)2.
2. Eight percent to be apportioned between all eligible candidates for lieutenant governor.
11.50(4)(b)3.
3. Seventeen percent to be apportioned between all eligible candidates for attorney general.
11.50(4)(b)4.
4. Four percent to be apportioned between all eligible candidates for state treasurer.
11.50(4)(b)5.
5. Four percent to be apportioned between all eligible candidates for secretary of state.
11.50(4)(c)
(c) The legislative and special election campaign account shall be divided into a senate campaign account to receive 25% of the moneys, and an assembly campaign account to receive 75% of the moneys. Each account shall then be apportioned between all eligible candidates for the same office in the entire state. No apportionment shall be made by legislative district.
11.50(4)(cm)
(cm) Each eligible candidate for the same office at a special election shall receive an equal amount, which amount shall be equivalent to the maximum grant which was payable to any candidate for that office at the most recent spring or general election. The amount shall be drawn from the senate campaign account and the assembly campaign account in the same proportions as the balance in each account bears to the total balance in both accounts at the time that payments are made. Whenever there are insufficient moneys in the senate campaign account and the assembly campaign account to make the payments required by this paragraph, payments shall be appropriately reduced or discontinued by the board.
11.50(4)(d)
(d) Within the accounts established under this subsection for each office at each general election, the entire amount of all available moneys shall be apportioned equally to all eligible candidates.
Effective date note
NOTE: Sub. (4) is repealed and recreated eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(4) Apportionment of moneys in general account. (a) After transfer of the amount specified by the board under sub. (2m), the board shall apportion the remaining moneys in the general account in the manner specified in this subsection.
Effective date text
(b) Prior to payment of any grants at an election for a partisan state office, the board shall reserve an amount equal to the amount of the disbursement limitation under s. 11.31 (2), as adjusted under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (3p), for the office sought by each eligible candidate other than a candidate who qualifies to receive a grant under sub. (2).
Effective date text
(bg) If a report filed under s. 11.12 (8) indicates that a candidate for a partisan state office has made disbursements exceeding the amount specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), then upon application to the board by any eligible opposing candidate, other than a candidate who qualifies to receive a grant under sub. (2s) (c), the board shall make a supplemental grant from the reserve under par. (b) to the eligible opposing candidate in an amount equal to the lesser of the following:
Effective date text
1. The amount of the disbursement limitation specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), minus any contributions accepted by the candidate under s. 11.26 (9m) (a).
Effective date text
2. The total amount by which the combined total of all such disbursements that exceeds the applicable amount specified under s. 11.31 (1) (a) to (d), (e), or (f), as adjusted under s. 11.31 (9), minus any contributions accepted by the candidate under s. 11.26 (9m) (a).
Effective date text
(br) If a report filed under s. 11.12 (6) (am) or (c) indicates that disbursements have been made or are proposed to be made against an eligible candidate for a partisan state office, other than a candidate who qualifies to receive a grant under sub. (2s) (c), or in support of such a candidate's opponent, or that obligations have been incurred for such a purpose, and if the aggregate total of such disbursements, proposed disbursements, and obligations, less any disbursements made, or to be made, for the purpose of the payment of obligations that were previously reported, exceeds 5% of the amount specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), then upon application to the board by the candidate, the board shall make a supplemental grant from the reserve under par. (b) to that candidate in an amount equal to the lesser of the following:
Effective date text
1. The amount of the disbursement limitation specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), minus any contributions accepted by the candidate under s. 11.26 (9m) (b).
Effective date text
2. The total amount by which the disbursements, proposed disbursements, and obligations exceed the applicable amount specified under s. 11.31 (1) (a) to (d), (e), or (f), as adjusted under s. 11.31 (9), minus any contributions accepted by the candidate under s. 11.26 (9m) (b), and the amount of any disbursements made, or to be made, for the purpose of the payment of obligations that were previously reported.
Effective date text
(c) The state treasurer shall make payment of grants to eligible candidates at an election in the following sequence:
Effective date text
1. First, the state treasurer shall make payment of grants to candidates for the office of justice in the amounts to which the candidates are entitled under sub. (9), and shall prorate those payments if insufficient moneys are available to make full payments to all candidates for the same office.
Effective date text
2. Second, the state treasurer shall make payment of grants to candidates for partisan state offices other than candidates of eligible political parties.
Effective date text
3. Third, the state treasurer shall make payment of the amount required to equalize payments of grants to all candidates for the same office who have received grants from a political party account, and shall prorate the payments of candidates who receive lower amounts from a political party account if insufficient moneys are available to fully equalize the amounts of grants received by all candidates for the same office.
Effective date text
4. Fourth, the state treasurer shall make payment of the remaining amount, if any, required to enable all eligible candidates to receive the full amount of the grant to which they are entitled under sub. (9), and shall prorate those payments if insufficient moneys are available to make full payments to all candidates for the same office.
Effective date text
5. Fifth, the state treasurer shall make payment of grants to candidates for the office of state superintendent in the amounts to which the candidates are entitled under sub. (9), and shall prorate those payments if insufficient moneys are available to make full payments to all candidates for the same office.
11.50(5)
(5) Time of disbursement. The state treasurer shall make the disbursements to the campaign depository account of each eligible candidate under
subs. (3) and
(4) by the end of the 3rd business day following notice from the board under
s. 7.08 (2) (c) or
(cm). Eligible candidates for governor and lieutenant governor of the same political party may combine accounts if desired.
Effective date note
NOTE: Sub. (5) is affected eff. 7-1-03 by
2001 Wis. Act 109 to read:
11.50 Note
(5) Time of disbursement. (a) The state treasurer shall make the disbursements of grants under sub. (4) to the campaign depository account of each eligible candidate and each eligible political party under sub. (2s) by the end of the 3rd business day following notice from the board under s. 7.08 (2) (c) or (cm).
11.50 Note
(b) Eligible candidates for governor and lieutenant governor of the same political party may combine accounts if desired.
11.50(6)
(6) Excess moneys. If the amounts which are to be apportioned to each eligible candidate under
subs. (3) and
(4) are more than the amount which a candidate may accept under
sub. (9), or more than the amount which a candidate elects to accept under
sub. (10), the excess moneys shall be retained in the fund.
Effective date note
NOTE: Sub. (6) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(6) Excess moneys. If the amounts which are to be apportioned to each eligible candidate are more than the amount which a candidate may accept under sub. (9), the excess moneys shall be retained in the fund.
11.50(7)
(7) Utilization. Grants distributed under this section may be utilized only for deposit in a campaign depository account under
s. 11.10. Grants may be expended only for one or more of the following:
Effective date note
NOTE: Sub. (7)(intro.) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(7) Utilization. Grants distributed under this section and contributions received from a political party under sub. (2s) (f) may be utilized only for deposit in a campaign depository account under s. 11.10. Grants and contributions received from a political party under sub. (2s) (f) may be expended only for one or more of the following:
11.50(7)(a)
(a) Purchase of services from a communications medium.
11.50(7)(b)
(b) Printing, graphic arts or advertising services.
11.50(8)
(8) Lapsing grants. All grants disbursed under
sub. (5) remain the property of the state until disbursed or encumbered for a lawful purpose. All grant moneys that are unspent and unencumbered by a candidate on the day after the election in which the candidate participates shall revert to the state. All deposits and refunds derived from grant moneys that are received by a candidate at any time after the day of the election in which the candidate participates shall revert to the state. All reversions shall be returned to the board by the candidate and shall be deposited in the fund.
Effective date note
NOTE: Sub. (8) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(8) Lapsing grants. All grants disbursed to eligible candidates under sub. (5) remain the property of the state until disbursed or encumbered for a lawful purpose. All grant moneys received by an eligible candidate that are unspent and unencumbered by a candidate on the day after the election in which the candidate participates shall revert to the state. All deposits and refunds derived from grant moneys received by an eligible candidate that are received at any time after the day of the election in which the candidate participates shall revert to the state. All reversions shall be returned to the board by the candidate and shall be deposited in the fund.
11.50(9)
(9) Limitation on grants. The total grant available to an eligible candidate may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, political party committees and legislative campaign committees, is equal to 45% of the disbursement level specified for the applicable office under
s. 11.31. The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under
ss. 11.26 (9) and
11.31 are not exceeded and any violation is reported. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.
11.50 Note
(9) Limitation on grants. (a) Except as provided in sub. (4) (bg) and (br), the total grant available to an eligible candidate for the office of governor may not exceed that amount which, when added to all other contributions accepted from sources other than individuals and political party committees, is equal to 35% of the disbursement level specified for the office that the candidate seeks, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9).
11.50 Note
(b) Except as provided in sub. (4) (bg) and (br), the total grant available to an eligible candidate for any other state office may not exceed that amount which, when added to all other contributions accepted from sources other than individuals and political party committees, is equal to 40% of the disbursement level specified for the office that the candidate seeks, as determined under s. 11.31 (1) and adjusted under s. 11.31 (9).
