LRBs0418/1
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2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 913
April 8, 2010 - Offered by Committee on Elections and Campaign Reform.
AB913-ASA1,1,5
1An Act to repeal 11.522 (2);
to renumber 11.522 (1);
to amend 11.26 (9) (a) and
2(b), 11.501 (7), (13) and (15), 11.509, 11.511 (1) and 11.522 (title);
to create
311.511 (7) of the statutes; and
to affect 2009 Wisconsin Act 89, section
31 (1);
4relating to: public financing of campaigns for the office of justice of the
5supreme court.
Analysis by the Legislative Reference Bureau
This substitute amendment makes changes to
2009 Wisconsin Act 89, which
established a system of public funding to finance the campaigns of eligible
candidates for the office of justice of the supreme court. The substitute amendment
advances the effective date from December 1, 2010, to May 1, 2010, and begins the
exploratory period in 2010, during which candidates may raise seed money
contributions of not more than $100 from electors of this state, on May 1, 2010,
instead of on the date of the spring election (April 6, 2010). The substitute
amendment also transfers the unencumbered balance in the justice account of the
Wisconsin election campaign fund, from which public grants were formerly provided
to finance the campaigns of eligible candidates for the office of justice, to the
democracy trust fund, from which public grants are currently provided for that
purpose. The substitute amendment eliminates a requirement for a candidate for
the office of justice who does not accept a public grant to disclose with each of his or
her communications that the communication is paid for with money raised from
private sources and the candidate has not agreed to abide by contribution and
spending limits. The substitute amendment eliminates a requirement that if an
eligible candidate accepts seed money contributions or qualifying contributions
(which the candidate must raise in order to qualify for a public grant), the excess
must be deducted from the candidate's public grant but retains a requirement that
the candidate must transfer the excess amount to the state for deposit in the
democracy trust fund. In addition, the substitute amendment imposes a limit on
disbursements (expenditures) by a candidate for the office of justice who accepts a
public grant. The limit is the same as the limit that is effectively permitted under
Act 89 by adding together maximum amounts of disbursements permitted from
various sources. This limit is used under current law to compute certain aggregate
contribution limits. The contribution limits do not apply to candidates who accept
public grants. The substitute amendment also makes other minor changes in Act 89.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB913-ASA1,2,83
11.26
(9) (a) Except as provided in par. (ba), no individual who is a candidate
4for state or local office may receive and accept more than 65 percent of the value of
5the total disbursement level determined under s. 11.31
or 11.511 (7) (a) for the office
6for which he or she is a candidate during any primary and election campaign
7combined from all committees subject to a filing requirement, including political
8party and legislative campaign committees.
AB913-ASA1,2,149
(b) Except as provided in par. (ba), no individual who is a candidate for state
10or local office may receive and accept more than 45 percent of the value of the total
11disbursement level determined under s. 11.31
or 11.511 (7) (a) for the office for which
12he or she is a candidate during any primary and election campaign combined from
13all committees other than political party and legislative campaign committees
14subject to a filing requirement.
AB913-ASA1,3,63
11.501
(7) "Exploratory period" means the period that begins after the date of
4a spring election
immediately preceding a public financing qualifying period and
5ends on the first day of the public financing qualifying period for the next election
6for justice.
AB913-ASA1,3,10
7(13) "Primary election campaign period" means the period beginning on the
8day after the last day prescribed by law for filing nomination papers for
that the office
9of justice and ending on the day of the spring primary election for that office or the
10day on which the primary election would be held, if required.
AB913-ASA1,3,14
11(15) "Public financing qualifying period" means
, for each election for the office
12of justice, the period beginning on the first day of July of
any the year
immediately
13preceding the year of that election and ending on the day before the beginning of the
14primary election campaign period for that office.
AB913-ASA1,4,2
1711.509 Excess contributions. If an eligible candidate receives
and accepts 18excess seed money contributions or qualifying contributions
on in an aggregate
19basis, the candidate may retain the contributions and make disbursements derived
20from the contributions, in an amount not exceeding $15,000. An amount equivalent
21to the excess contributions shall be deducted by the board from the candidate's public
22financing benefit. An eligible candidate amount greater than the limits prescribed
23in s. 11.502 (2) or 11.508 (1), the candidate shall transfer to the board all seed money
24and qualifying contributions that exceed the limits prescribed in this section within
2548 hours after the end of the
exploratory public financing qualifying period. The
1board shall deposit all contributions transferred under this section in the democracy
2trust fund.
AB913-ASA1,4,145
11.511
(1) The state treasurer shall provide to each eligible candidate who
6qualifies to receive a public financing benefit for the primary or election campaign
7period separate lines of credit for the public financing benefits payable to the
8candidate for the primary and election campaign periods in the amounts specified
9in this section, subject to any required adjustment under s.
11.509, 11.512 (2) or
1011.513 (2). An eligible candidate may use this public financing benefit to finance any
11lawful disbursements during the primary and election campaign periods to further
12the election of the candidate in that primary or election. An eligible candidate shall
13not use this public financing benefit to repay any loan, or in violation of ss. 11.502
14to 11.522 or any other applicable law.
AB913-ASA1,4,2316
11.511
(7) (a) Except as provided in par. (b), no candidate for the office of justice
17who files an application for a public financing benefit and certification under s. 11.51
18(1) and who accepts a public financing benefit may make or authorize total
19disbursements in a campaign, beginning with the first day of the exploratory period
20and ending on the date of the spring election, to the extent of more than the maximum
21amounts specified in ss. 11.502 (2) and 11.508 (1), plus the amount specified in s.
2211.511 (3), as adjusted under s. 11.511 (6), and, if there is a primary for the office of
23justice, the amount specified in s. 11.511 (2), as adjusted under s. 11.511 (6).
AB913-ASA1,5,224
(b) If a candidate specified in par. (a) receives an additional public financing
25benefit under s. 11.512 (2) or 11.513 (2), the candidate may make disbursements in
1a campaign under par. (a) in an additional amount equivalent to the additional public
2financing benefit received.
AB913-ASA1,5,6
511.522 (title)
Contributions to nonparticipating candidates;
6attributions.
AB913-ASA1,5,1312
[
2009 Wisconsin Act 89] Section 31 (1) This act takes effect on
December May 131 following the date of publication.
AB913-ASA1,5,1715
(1) On the effective date of this subsection, the unencumbered balance in the
16justice account of the Wisconsin election campaign fund is transferred to the
17democracy trust fund.
AB913-ASA1,5,1918
(2) Notwithstanding section 11.501 (7) of the statutes, as created by
2009
19Wisconsin Act 89, the exploratory period in 2010 begins on May 1, 2010.
AB913-ASA1,5,2121
(1)
This act takes effect on May 1, 2010.
