JK:cdc/skw/cjs
2023 - 2024 LEGISLATURE
December 22, 2023 - Introduced by Representatives Gundrum, Michalski, C.
Anderson
, Bodden, Goeben, Moses, Plumer and Rettinger, cosponsored by
Senators Knodl and Tomczyk. Referred to Committee on Campaigns and
Elections.
AB853,1,9 1An Act to repeal 11.0101 (14); to amend 11.0101 (1) (a) 1., 11.0101 (1) (a) 2.,
211.0101 (34), 11.0102 (title), 11.0102 (2) (a), 11.0102 (2) (b), 11.0103 (1) (b),
311.0103 (3) (b), 11.0104 (1) (a), 11.0104 (1) (d), 11.0104 (2), 11.0105 (1) (a),
411.0202 (1) (a), 11.0203 (1) (c), 11.0204 (7), 11.0304 (7), 11.0404 (4), 11.1101 (1)
5(h) 2., 11.1101 (2) (h) 2., 11.1101 (3) (k) 2., 11.1101 (4) (k) 2., 11.1106 (3), 11.1201,
611.1304 (1), 11.1304 (5), 11.1304 (6) (a), 202.12 (5) (a) 2., 755.01 (2) and 755.01
7(4); to repeal and recreate 11.0102 (1) and 11.0102 (3); and to create 5.02 (4v)
8of the statutes; relating to: local candidates filing campaign finance reports
9and making an appropriation.
Analysis by the Legislative Reference Bureau
Current law requires committees that support or oppose candidates for elective
state offices to register with, and submit campaign finance reports to, the Ethics
Commission. Generally, those committees submit reports electronically to the
commission by using the commission's campaign finance information system.
Generally, campaign finance reports entered into CFIS are readily available for
public inspection on the commission's website.
Under current law, committees that support or oppose candidates for elective
local offices register with, and submit campaign finance reports to the appropriate

local clerk and the local clerks are required to develop and maintain a filing, coding,
and cross-indexing system for those reports.
This bill requires all committees, political parties, and conduits to register with,
and submit campaign finance reports to, the Ethics Commission through, CFIS.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB853,1 1Section 1 . 5.02 (4v) of the statutes is created to read:
AB853,2,22 5.02 (4v) For purposes of chs. 5 to 10 and 12, “filing officer” means the following:
AB853,2,43 (a) For a candidate for state office, as defined in s. 5.02 (23), the elections
4commission.
AB853,2,65 (b) For a candidate seeking local office, the clerk of the most populous
6jurisdiction for which the candidate seeks office.
AB853,2,97 (c) For a candidate for municipal judge elected under s. 755.01 (4), the county
8clerk or board of election commissioners of the county having the largest portion of
9the population in the jurisdiction served by the judge.
AB853,2,1010 (d) For a candidate for school board member, the school district clerk.
AB853,2 11Section 2 . 11.0101 (1) (a) 1. of the statutes is amended to read:
AB853,2,1312 11.0101 (1) (a) 1. Files nomination papers with the appropriate filing officer,
13as determined under s. 5.02 (4v)
.
AB853,3 14Section 3 . 11.0101 (1) (a) 2. of the statutes is amended to read:
AB853,2,1715 11.0101 (1) (a) 2. Is nominated as a candidate for state or local office by a caucus
16under s. 8.05 (1) or by a political party and the nomination is certified to the
17appropriate filing officer, as determined under s. 5.02 (4v).
AB853,4 18Section 4 . 11.0101 (14) of the statutes is repealed.
AB853,5 19Section 5 . 11.0101 (34) of the statutes is amended to read:
AB853,3,2
111.0101 (34) “Treasurer" means the individual who registers a committee with
2a filing officer the commission and who makes reports on behalf of the committee.
AB853,6 3Section 6 . 11.0102 (title) of the statutes is amended to read:
AB853,3,4 411.0102 (title) Determination of filing officer and duty Duty to file; fees.
AB853,7 5Section 7 . 11.0102 (1) of the statutes is repealed and recreated to read:
AB853,3,86 11.0102 (1) Each committee and conduit required to register and report under
7this chapter shall have and shall file each registration statement and report required
8under this chapter with the commission.
AB853,8 9Section 8 . 11.0102 (2) (a) of the statutes is amended to read:
AB853,3,1510 11.0102 (2) (a) Except as provided in pars. (c) and (d), each committee that is
11required to register and file with the commission under sub. (1) (a) shall annually pay
12a filing fee of $100 to the commission. The commission may accept payment under
13this subsection by credit card, debit card, or other electronic payment mechanism,
14and may charge a surcharge to that committee to recover the actual costs associated
15with the acceptance of that electronic payment.
AB853,9 16Section 9 . 11.0102 (2) (b) of the statutes is amended to read:
AB853,3,2317 11.0102 (2) (b) A committee that is subject to par. (a) shall pay the fee specified
18in par. (a) together with the report filed by that committee on the 15th day of the
19month of January in each year. If a committee that is subject to par. (a) registers
20under this chapter or changes status so that par. (a) becomes applicable to the
21committee during a calendar year, the committee shall pay the fee for that year with
22the filing of the committee's registration statement or at any time before the change
23in status becomes effective.
AB853,10 24Section 10 . 11.0102 (3) of the statutes is repealed and recreated to read:
AB853,4,5
111.0102 (3) A filing officer, as defined under s. 5.02 (4v) (b) to (d), shall notify
2the commission, in writing, of any facts within the filing officer's knowledge or
3evidence in the officer's possession that may be grounds for civil action or criminal
4prosecution. The commission may transmit a copy of the notification submitted
5under this paragraph to the district attorney.
AB853,11 6Section 11 . 11.0103 (1) (b) of the statutes is amended to read:
AB853,4,97 11.0103 (1) (b) Failure to receive a form or notice from a filing officer the
8commission
does not exempt a committee or conduit from a reporting requirement
9under this chapter.
AB853,12 10Section 12 . 11.0103 (3) (b) of the statutes is amended to read:
AB853,4,1411 11.0103 (3) (b) Each committee shall ensure that each report is filed with the
12appropriate filing officer commission on the dates designated in this chapter. In the
13event that any report is required to be filed under this chapter on a nonbusiness day,
14a committee may file the report on the next business day thereafter.
AB853,13 15Section 13 . 11.0104 (1) (a) of the statutes is amended to read:
AB853,4,2416 11.0104 (1) (a) Except as provided in par. (bm), any committee which does not
17anticipate accepting or making contributions, making disbursements, or incurring
18obligations, and any conduit which does not anticipate accepting or releasing
19contributions, in an aggregate amount exceeding $2,500 in a calendar year may
20claim an exemption from filing campaign finance reports by filing a registration
21statement or an amended registration statement with the appropriate filing officer
22commission indicating the necessary facts, as described in this paragraph, to claim
23the exemption. The committee or conduit shall certify the registration statement or
24amended registration statement in the manner required under s. 11.0103 (3) (c).
AB853,14 25Section 14 . 11.0104 (1) (d) of the statutes is amended to read:
AB853,5,7
111.0104 (1) (d) If a filing officer the commission receives a registration
2statement or amended registration statement seeking to claim the exemption under
3par. (a) and the filing officer commission knows that the candidate committee is not
4eligible for the exemption, the filing officer commission shall accept the registration
5but notify the committee within 10 business days that it is not eligible for the
6exemption for that calendar year. The notice shall also indicate that the committee
7is required to file campaign finance reports.
AB853,15 8Section 15 . 11.0104 (2) of the statutes is amended to read:
AB853,5,159 11.0104 (2) Upon receipt of a properly executed registration statement or
10amended registration statement by a committee or conduit, the appropriate filing
11officer
commission shall suspend the requirement imposed upon that committee or
12conduit by this chapter to file campaign finance reports. An exemption under this
13section is effective as provided under sub. (1) (bm) unless the committee or conduit
14alters its status by filing an amended registration statement before the end of such
15year or by filing a termination report under s. 11.0105.
AB853,16 16Section 16 . 11.0105 (1) (a) of the statutes is amended to read:
AB853,6,217 11.0105 (1) (a) Except as provided in par. (b), whenever any committee or
18conduit dissolves or determines that obligations will no longer be incurred,
19contributions will no longer be received or, in the case of a conduit, accepted and
20released, and disbursements will no longer be made during a calendar year, and the
21committee has no outstanding incurred obligations, the committee or conduit shall
22file with the appropriate filing officer commission a termination report that indicates
23a cash balance of zero at the end of the reporting period. The committee or conduit
24shall certify the termination report in the manner required under s. 11.0103 (3) (c)

1and the committee shall include the information required to be reported by that
2committee on its continuing reports.
AB853,17 3Section 17 . 11.0202 (1) (a) of the statutes is amended to read:
AB853,6,74 11.0202 (1) (a) Each candidate, through his or her candidate committee, shall
5file a registration statement with the appropriate filing officer commission giving the
6information required under s. 11.0203 as soon as practicable after the individual
7qualifies as a candidate under s. 11.0101 (1).
AB853,18 8Section 18 . 11.0203 (1) (c) of the statutes is amended to read:
AB853,6,139 11.0203 (1) (c) In the case of a candidate committee of an independent
10candidate for partisan office or a candidate for nonpartisan county or municipal
11office, a list of the members of the committee, in addition to those specified in par. (b),
12if any, whom the filing officer commission shall recognize as eligible to fill a
13nomination vacancy if the candidate dies before the election.
AB853,19 14Section 19 . 11.0204 (7) of the statutes is amended to read:
AB853,6,2515 11.0204 (7) Reports of late contributions. If any contribution or
16contributions of $1,000 or more cumulatively are received by a candidate committee
17for a candidate for state office from a single contributor during the period beginning
18on the day that is 14 days prior to a primary or election and ending on the day of the
19primary or election, and the contribution or contributions are not included in the
20preprimary or preelection report required of the committee under this chapter, the
21treasurer of the committee or the individual receiving the contribution shall, within
2272 hours of receipt, provide the appropriate filing officer commission with the
23information required to be reported for contributions received by the committee
24under this subchapter in such manner as the commission may prescribe. The
25information shall also be included in the committee's next regular report.
AB853,20
1Section 20. 11.0304 (7) of the statutes is amended to read:
AB853,7,122 11.0304 (7) Reports of late contributions. If any contribution or
3contributions of $1,000 or more cumulatively are received by a political party from
4a single contributor during the period beginning on the day that is 14 days prior to
5a primary or election and ending on the day of the primary or election, and the
6contribution or contributions are not included in the preprimary or preelection
7report required of the political party under this chapter, the treasurer of the political
8party shall, within 72 hours of receipt, provide the appropriate filing officer
9commission with the information required to be reported for contributions received
10by the political party under this subchapter in such manner as the commission may
11prescribe. The information shall also be included in the political party's next regular
12report.
AB853,21 13Section 21 . 11.0404 (4) of the statutes is amended to read:
AB853,7,2414 11.0404 (4) Reports of late contributions. If any contribution or
15contributions of $1,000 or more cumulatively are received by a legislative campaign
16committee from a single contributor during the period beginning on the day that is
1714 days prior to a primary or election and ending on the day of the primary or election
18and the contribution or contributions are not included in the preprimary or
19preelection report required of the committee under this chapter, the treasurer of the
20committee shall, within 72 hours of receipt, provide the appropriate filing officer
21commission with the information required to be reported for contributions received
22by the committee under this subchapter in such manner as the commission may
23prescribe. The information shall also be included in the committee's next regular
24report.
AB853,22 25Section 22 . 11.1101 (1) (h) 2. of the statutes is amended to read:
AB853,8,4
111.1101 (1) (h) 2. Two cents times the number of inhabitants of the jurisdiction
2or district, according to the latest federal census or the census information on which
3the district is based, as certified by the appropriate filing officer, as defined under s.
45.02 (4v) (b) to (d),
but not more than $6,000.
AB853,23 5Section 23 . 11.1101 (2) (h) 2. of the statutes is amended to read:
AB853,8,96 11.1101 (2) (h) 2. Two cents times the number of inhabitants of the jurisdiction
7or district, according to the latest federal census or the census information on which
8the district is based, as certified by the appropriate filing officer, as defined under s.
95.02 (4v) (b) to (d),
but not more than $6,000.
AB853,24 10Section 24 . 11.1101 (3) (k) 2. of the statutes is amended to read:
AB853,8,1411 11.1101 (3) (k) 2. Two cents times the number of inhabitants of the jurisdiction
12or district, according to the latest federal census or the census information on which
13the district is based, as certified by the appropriate filing officer, as defined under s.
145.02 (4v) (b) to (d),
but not more than $5,000.
AB853,25 15Section 25 . 11.1101 (4) (k) 2. of the statutes is amended to read:
AB853,8,1916 11.1101 (4) (k) 2. Two cents times the number of inhabitants of the jurisdiction
17or district, according to the latest federal census or the census information on which
18the district is based, as certified by the appropriate filing officer, as defined under s.
195.02 (4v) (b) to (d),
but not more than $5,000.
AB853,26 20Section 26 . 11.1106 (3) of the statutes is amended to read:
AB853,8,2221 11.1106 (3) Each filing officer The commission shall place a copy of any report
22received under s. 11.0704 in the file of the conduit and the file of the recipient.
AB853,27 23Section 27 . 11.1201 of the statutes is amended to read:
AB853,8,25 2411.1201 False reports and statements. No person may prepare or submit
25a false report or statement to a filing officer the commission under this chapter.
AB853,28
1Section 28. 11.1304 (1) of the statutes is amended to read:
AB853,9,52 11.1304 (1) Prescribe forms for making the reports, statements, and notices
3required by this chapter. The commission shall make the forms available free of
4charge on the commission's Internet site and shall distribute or arrange for the
5distribution of all forms for use by other filing officers
website.
AB853,29 6Section 29 . 11.1304 (5) of the statutes is amended to read:
AB853,9,87 11.1304 (5) Assign an identification number to each committee for whom the
8commission acts as a filing officer under s. 11.0102 (1)
and to each conduit.
AB853,30 9Section 30 . 11.1304 (6) (a) of the statutes is amended to read:
AB853,9,1910 11.1304 (6) (a) Except as provided in par. (b), require each committee for whom
11the commission serves as filing officer under s. 11.0102 (1)
to file each campaign
12finance report that is required to be filed under this chapter in an electronic format.
13The commission shall permit an authorized individual to provide at the time of filing
14an electronic signature, as defined in s. 137.11 (8), that is subject to a security
15procedure, as defined in s. 137.11 (13). A committee that files a report under this
16subsection in an electronic format may file with the commission that portion of the
17report signed by an authorized individual rather than submit the electronic
18signature of that individual. The commission shall provide complete instructions to
19any committee that files a report under this subsection.
AB853,31 20Section 31 . 202.12 (5) (a) 2. of the statutes is amended to read:
AB853,9,2421 202.12 (5) (a) 2. A candidate for national, state, or local office or a political party
22or other committee or group required to file financial information with the federal
23elections commission or a filing officer under s. 11.0102 (1) with the ethics
24commission
.
AB853,32 25Section 32 . 755.01 (2) of the statutes is amended to read:
AB853,10,8
1755.01 (2) The governing body may by ordinance or bylaw abolish the
2municipal court as part of a consolidation under s. 66.0229 or at the end of any term
3for which the judge has been elected or appointed, but only if the ordinance or bylaw
4abolishing the court is submitted to the appropriate filing office under s. 11.0102 (1)
5(c)
under s. 5.02 (4v) (c) or to the ethics commission, and to the director of state courts
6prior to October 1 of the year preceding the end of the term for which the judge has
7been elected or appointed. The governing body may not abolish the municipal court
8while an agreement under sub. (4) is in effect.
AB853,33 9Section 33 . 755.01 (4) of the statutes is amended to read:
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