11.50(1)(am)
(am) "Eligible political party" means any of the following:
11.50(1)(am)1.
1. A party qualifying under
s. 5.62 (1) (b) for a separate ballot or one or more separate columns or rows on a ballot for the period beginning on the date of the preceding general election and ending on the day before the general election that follows that election.
11.50(1)(am)2.
2. A party qualifying under
s. 5.62 (2) for a separate ballot or one or more separate columns or rows on a ballot for the period beginning on the preceding June 1, or if that June 1 is in an odd-numbered year, the period beginning on June 1 of the preceding even-numbered year, and ending on May 31 of the 2nd year following that June 1.
Effective date note
NOTE: Par. (am) was created eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
11.50(1)(b)
(b) "Fund" means the Wisconsin election campaign fund.
11.50(1)(bm)
(bm) "General account" means the account in the fund created under
sub. (2w).
Effective date note
NOTE: Par. (bm) was created eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
11.50(1)(c)
(c) "Grant" means a contribution received from the fund.
11.50(1)(cm)
(cm) "Political party account" means an account in the fund created under
sub. (2s).
Effective date note
NOTE: Par. (cm) was created eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
11.50(1)(d)
(d) "Printing services" means printing, imprinting, lithographing, photolithographing, rotogravure, gravure, letterpress, mimeographing, stenciling, photostating, multilithing, multigraphing, steel die engraving, silkscreening or by any other means reproducing or manufacturing political advertisements or campaign devices of any kind, including but not limited to campaign literature, billboard advertising, special clothing, buttons, pens, stickers, banners and streamers, in support of or in opposition to any candidate, political party or referendum, whether or not a charge is assessed for the materials or services, except materials or services provided by a candidate or individual, committee or group subject to a filing requirement under this chapter.
11.50(2)
(2) Participation; application. 11.50(2)(a)(a) Any individual who desires to qualify as an eligible candidate may file an application with the board requesting approval to participate in the fund. The application shall be filed no later than the applicable deadline for filing nomination papers under
s. 8.10 (2) (a),
8.15 (1),
8.20 (8) (a) or
8.50 (3) (a), no later than 4:30 p.m. on the 7th day after the primary or date on which the primary would be held if required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in the case of candidates appointed to fill vacancies. The application shall contain a sworn statement that the candidate and his or her authorized agents have complied with the contribution limitations prescribed in
s. 11.26 and the disbursement limitations prescribed under
s. 11.31 at all times to which such limitations have applied to his or her candidacy and will continue to comply with the limitations at all times to which the limitations apply to his or her candidacy for the office in contest, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under
par. (h), or
par. (i) applies.
Effective date note
NOTE: Par. (a) was amended eff. 7-1-03 by
2001 Wis. Act 109 to read as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
Effective date text
(a) Any individual who desires to qualify as an eligible candidate may file an application with the board requesting approval to participate in the fund. The application shall be filed no later than the applicable deadline for filing nomination papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a) or 8.50 (3) (a), no later than 4:30 p.m. on the 7th day after the primary or date on which the primary would be held if required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in the case of candidates appointed to fill vacancies. The applicant shall provide, along with his or her application, an affidavit under s. 11.31 (2m) (a). The application shall also contain a sworn statement that, except as authorized in s. 11.26 (9m), if the candidate is able to receive the full amount of the grant, except any grant provided under sub. (4) (bg) or (br), to which the candidate is entitled under sub. (9), the candidate and his or her agents will not accept any contribution made by a committee other than a political party committee during the campaign, and that, except as provided in s. 11.29 (9m) any contributions accepted by the candidate from such a committee will not exceed that amount which, when added to the amount of the grant received by the candidate under sub. (9), equals the percentage specified in s. 11.26 (9) (am) of the disbursement level specified in s. 11.31 (1) (a) to (de), (e), or (f), as adjusted under s. 11.31 (9), for the office that the candidate seeks. In the statement, the candidate shall also swear that if any unauthorized contribution has been accepted, that the contribution has been or will be returned or donated as provided in par. (j), and the candidate and his or her agents will not accept any unauthorized contribution during the campaign.
11.50(2)(b)
(b) The board shall approve the application of an eligible candidate for participation if:
11.50(2)(b)3.
3. The candidate has an opponent who is certified for placement on the election ballot as a candidate for the same office;
Effective date note
NOTE: Subd. 3. was amended eff. 7-1-03 by
2001 Wis. Act 109 to read as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
Effective date text
3. In the case of a candidate at the general election, the candidate has an opponent whose name is certified for placement on the election ballot as a candidate for the same office and who received at least 6% of the vote cast for all candidates on all ballots for that office at the September primary;
11.50(2)(b)4.
4. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that his or her statement filed with the application under
par. (a) is true; and
Effective date note
NOTE: Subd. 4. was amended eff. 7-1-03 by
2001 Wis. Act 109 to read as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
Effective date text
4. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that his or her affidavit filed under s. 11.31 (2m) (a) is true;
11.50(2)(b)5.
5. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received at least the amount provided in this subdivision, from contributions of money, other than loans, made by individuals, which have been received during the period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding such date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days preceding such date or the date a special election is ordered, whichever is earlier, in the case of special election candidates, which contributions are in the aggregate amount of $100 or less, and which are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in
s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5% of the candidate's authorized disbursement limitation under
s. 11.31. For any other candidate at the general election, the required amount to qualify for a grant is 10% of the candidate's authorized disbursement limitation under
s. 11.31.
Effective date note
NOTE: Subd. 5. was amended eff. 7-1-03 by
2001 Wis. Act 109 to read as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
Effective date text
5. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received an amount equal to at least the amount provided in this subdivision, from contributions of money, other than loans, made by individuals who reside in this state and, in the case of a candidate for legislative office, by individuals at least 45% of whom reside in a county having territory within the district in which the candidate seeks office, which contributions have been received during the period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding such date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days preceding such date or the date a special election is ordered, whichever is earlier, in the case of candidates at a special election, which contributions are in the aggregate amount of $100 or less, and which contributions are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5% of the applicable authorized disbursement limitation, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9). For any other candidate at the general election, the required amount to qualify for a grant is 6% of the applicable authorized disbursement limitation, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9); and
11.50(2)(b)6.
6. The application is not required to be disapproved under
par. (f).
Effective date note
NOTE: Subd. 6. was created eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
11.50(2)(c)
(c) If a candidate has not filed financial reports as of the date of the spring primary, September primary, special primary, or date that the special primary would be held, if required, which indicate that he or she has met the qualification under
par. (b) 5., the candidate may file a special report with the board. Such report shall be filed not later than the 7th day after the primary, or 7th day after the date the primary would be held, if required, and shall include such supplementary information as to sources of contributions which may be necessary to complete the candidate's qualification. The special report shall cover the period from the day after the last date covered on the candidate's most recent report, or from the date on which the first contribution was received or the first disbursement was made, whichever is earlier, if the candidate has not previously filed a report, to the date of such report. All information included on the special report shall also be included in the candidate's next report under
s. 11.20.
Effective date note
NOTE: Par. (c) was amended eff. 7-1-03 by
2001 Wis. Act 109 to read as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
Effective date text
(c) Any individual who desires to qualify as an eligible candidate shall file a special report with the board during the period beginning on the day after the primary, or the 7th day after the date on which the primary would be held, if required, and ending on the 7th day after the primary, or 7th day after the date on which the primary would be held, if required. The special report shall include all information that is required to be reported under s. 11.06 (1). The special report shall cover the period from the day after the last date covered on the candidate's most recent report, or from the date on which the first contribution was received or the first disbursement was made, whichever is earlier, if the candidate has not previously filed a report, to the date of the primary, or the date on which the primary would be held, if required. All information included on the special report shall also be included in the candidate's next report under s. 11.20.
11.50(2)(d)
(d) For purposes of qualification under
par. (b) 4. and
5., the financial reports of a former candidate are considered to be same as if filed by the candidate who is lawfully appointed to replace such candidate whenever a vacancy after nomination occurs.
11.50(2)(e)
(e) Whenever a candidate who files nomination papers is unopposed on the deadline for filing such papers but is later opposed by a write-in candidate who qualifies for ballot placement, the application deadline under
par. (a) is the same for the candidate who files nomination papers as for his or her opponent.
11.50(2)(f)
(f) 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) 2., the board shall inform the candidate in writing of the conditional approval or disapproval of the candidate's application at the same time.
Effective date note
NOTE: Par. (f) was amended eff. 7-1-03 by
2001 Wis. Act 109 to read as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
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) was amended eff. 7-1-03 by
2001 Wis. Act 109 to read as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
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) was amended eff. 7-1-03 by
2001 Wis. Act 109 to read as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
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) was amended eff. 7-1-03 by
2001 Wis. Act 109 to read as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
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).
Effective date note
NOTE: Par. (j) was created eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
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.
Effective date note
NOTE: Sub. (2m) was created eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
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) (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(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.
Effective date note
NOTE: Sub. (2s) was created eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
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).
Effective date note
NOTE: Sub. (2w) was created eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
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.
Effective date note
NOTE: Sub. (3) was repealed eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
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 as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
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.
