LRB-0267/4
JTK&JS:jlg&mfd:ijs
1997 - 1998 LEGISLATURE
March 24, 1998 - Introduced by Representatives Baldwin, Turner, R. Potter, J.
Lehman and Coggs, cosponsored by Senator Risser. Referred to Committee on
Campaign Finance Reform.
AB950,1,11
1An Act to repeal 7.08 (2) (c) and (cm), 7.70 (3) (e) 1., 8.16 (5), 11.26 (9) (c) and (10),
211.31 (2) and (2m) and (3), 11.50, 14.58 (20), 20.855 (4) (b) and 71.10 (3);
to
3renumber and amend 20.510 (1) (q) and 25.17 (1) (ys);
to consolidate,
4renumber and amend 7.70 (3) (e) (intro.) and 2.;
to amend 5.02 (18), 5.62 (1)
5(a), 5.62 (3), 5.62 (5), 8.16 (1), 8.35 (4) (b), 10.02 (3) (b) 2m., 10.06 (1) (e), 10.06
6(1) (i), 11.12 (2), 11.16 (2) and (3), 11.26 (1) (a), 11.26 (2) (a), 11.26 (13), 11.26 (17)
7(a), 11.31 (title), 11.31 (1) (intro.), 11.31 (3m), 11.31 (6), 11.31 (7) (b) to (d), 11.31
8(8), 11.31 (10), 11.33 (1) (a) (intro.) and 25.42; and
to create 11.33 (4), 11.501
9to 11.522, 20.575 (1) (r), 20.585 (1) (r), 71.025, 71.235 and 71.435 of the statutes;
10relating to: campaign financing, imposing an income and franchise tax surtax,
11making appropriations and providing penalties.
Analysis by the Legislative Reference Bureau
This bill makes numerous changes in the campaign finance law affecting
campaigns for state offices. The bill abolishes the Wisconsin election campaign fund,
under which eligible candidates for state offices (except district attorney, court of
appeals judge and circuit judge) may receive public grants derived from state general
purpose revenues derived from designations made by individuals filing state income
tax returns, and replaces it with a democracy trust fund, under which eligible
candidates for state offices (except district attorney, state superintendent of public
instruction, justice of the supreme court, court of appeals judge and circuit judge)
may receive public grants derived from an income tax and franchise tax surtax
imposed at the rate of 0.5% of the tax.
Under the bill, a candidate may qualify for public financing from the democracy
trust fund to finance a campaign in a primary or election by receiving a specified
number of qualifying contributions of $5 each made by electors of the jurisdiction or
district in which the candidate seeks office. In addition, in order to receive funding
for an election campaign, a candidate must receive a specified percentage of the vote
in the primary election, if any, or must be the candidate of a political party whose
candidate received at least a specified percentage of the vote for the office which the
candidate seeks at the previous general election or, if the candidate is an
independent candidate, must receive qualifying contributions at least equal to 150%
of the number required of a party candidate for the same office which the candidate
seeks. A candidate who accepts public financing may accept "seed money"
contributions in amounts of $100 or less, subject to aggregate limitations, and may
contribute personal funds in specified amounts during specified periods. A candidate
who accepts public financing may not accept any contributions other than qualifying
and seed money contributions, contributions from personal funds and contributions
from political party committees. Public financing benefits for eligible candidates in
a primary election range from $15,000 for a candidate for the office of representative
to the assembly to $750,000 for a candidate for the office of governor, and in a general
election from $30,000 for a candidate for the office of representative to the assembly
to $1,500,000 for a candidate for the office of governor, except that a candidate who
is unopposed in a general or special election or in the primary election of his or her
party may receive only 25% of the amount otherwise available for that election or
primary election. These amounts are subject to a biennial cost of living adjustment.
A candidate who accepts more than a specified amount of qualifying or seed money
contributions has the excess deducted from his or her public financing benefit. In
addition, if a candidate's opponent declines to accept public financing and makes
expenditures in a total amount which exceeds by more than 5% the amount
permitted for a candidate who accepts public financing, the candidate who accepts
public financing receives additional funding equivalent to the excess expenditures
made by his or her opponent, but not more than 200% of the amount of the public
financing benefit for the office which the candidate seeks. A candidate also receives
additional public financing equivalent to any independent expenditures made
against the candidate or in support of his or her opponents if those expenditures
exceed 20% of the amount of the public financing benefit for the office which the
candidate seeks (but not more than 3 times the amount of that benefit), as well as
additional financing equivalent to the cost of certain mass mailings made by an
incumbent opponent using state funds.
Currently, a candidate for state office (except district attorney, court of appeals
judge or circuit judge) may qualify to receive a grant from the Wisconsin election
campaign fund for use in an election campaign only (no funding is provided for
primary campaigns). A candidate for partisan office qualifies by receiving a specified
percentage of the vote in the primary. A candidate for nonpartisan office qualifies
by qualifying to appear on the spring election ballot. At a special election, a
candidate qualifies by representing a party whose candidate for the same office
which the candidate seeks received a specified percentage of the vote at the previous
general election, or by actually receiving a specified percentage of the vote at the
special election. In addition, a candidate for partisan office must receive a specified
percentage of the candidate's spending limit from contributions made by individuals
in amounts of $100 or less. Grant amounts range from $7,762.50 for a candidate for
the office of representative to the assembly to $485,190 for a candidate for the office
of governor. These amounts are not subject to any cost of living adjustment.
However, these amounts are reduced by the total amount of contributions received
by a candidate from special interest committees. In addition, these amounts may not
be fully funded in a particular year if there are not sufficient moneys in the Wisconsin
election campaign fund to provide full financing for all qualifying candidates. A
candidate must agree to abide by spending and self-contribution limits in order to
receive a grant, but this agreement does not apply if the candidate has a major
opponent who could have qualified for a grant but declines to do so and declines to
file an affidavit of voluntary compliance with spending and self-contribution limits.
Currently, individuals and committees making political contributions to
candidates for state office are subject to limitations on the amount or value of any
contribution or contributions that may be made cumulatively to any candidate in a
campaign. The limitations vary from $10,000 in the case of an individual making
contributions to a candidate for statewide office to $500 in the case of an individual
making contributions to a candidate for representative to the assembly, and from
$43,238 in the case of a committee making contributions to a candidate for governor
to $500 in the case of a committee making contributions to a candidate for
representative to the assembly. This bill replaces all these limitations with a
contribution limitation of $1,000 applicable to an individual or committee making
any contribution or contributions cumulatively to any candidate for state office who
is eligible to qualify for a public financing benefit but who declines to accept one, per
campaign, except that the bill retains the present contribution limitation of $500 in
the case of an individual or committee making contributions to a candidate for a
representative to the assembly. The bill also prohibits any person from making
contributions of more than $500 per year to any state or local political party
committee. No such prohibition exists currently. In addition, the bill prohibits a
candidate who accepts public financing from accepting more than 5% of the public
financing benefit available to the candidate, exclusive of any required additions or
subtractions, from all political party committees. Currently, a candidate's aggregate
contributions accepted from all committees and the Wisconsin election campaign
fund (regardless of whether the candidate accepts public financing) may not exceed
65% of the statutory spending limit applicable to candidates for the same office which
the candidate seeks who accept public financing.
For further information see the state 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:
AB950, s. 1
1Section
1. 5.02 (18) of the statutes is amended to read:
AB950,4,52
5.02
(18) "September primary" means the primary held the 2nd Tuesday in
3September to nominate candidates to be voted for at the general election
, and to
4determine which candidates for state offices other than district attorney may
5participate in the Wisconsin election campaign fund.
AB950, s. 2
6Section
2. 5.62 (1) (a) of the statutes is amended to read:
AB950,5,47
5.62
(1) (a) At September primaries, the following ballot shall be provided for
8the nomination of candidates of recognized political parties for national, state and
9county offices
and independent candidates for state office in each ward, in the same
10form as prescribed by the board under s. 7.08 (1) (a). The ballots shall be made up
11of the several party tickets with each party entitled to participate in the primary
12under par. (b) or sub. (2) having its own ballot.
The independent candidates for state
13office other than district attorney shall have a separate ballot for all such candidates
14as under s. 5.64 (1) (e). The ballots shall be secured together at the bottom. The party
15ballot of the party receiving the most votes for president or governor at the last
16general election shall be on top with the other parties arranged in descending order
17based on their vote for president or governor at the last general election. The ballots
18of parties qualifying under sub. (2) shall be placed after the parties qualifying under
19par. (b), in the same order in which the parties filed petitions with the board.
The
20ballot listing the independent candidates shall be placed at the bottom. At polling
21places where voting machines are used, each party
and the independent candidates
1shall be represented in one or more separate columns or rows on the ballot. At polling
2places where an electronic voting system is used other than an electronic voting
3machine, each party
and the independent candidates may be represented in separate
4columns or rows on the ballot.
AB950, s. 3
5Section
3. 5.62 (3) of the statutes is amended to read:
AB950,5,156
5.62
(3) The board shall designate the official primary ballot arrangement for
7statewide offices and district attorney within each prosecutorial district by using the
8same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate
9column or row on the ballot, the candidates for office shall be listed together with the
10offices which they seek in the following order whenever these offices appear on the
11September primary ballot: governor, lieutenant governor, attorney general,
12secretary of state, state treasurer, U.S. senator, U.S. representative in congress,
13state senator, representative to the assembly, district attorney and the county offices.
14Below the names of the independent candidates shall appear the party or principle
15of the candidates, if any, in 5 words or less, as shown on their nomination papers.
AB950, s. 4
16Section
4. 5.62 (5) of the statutes is amended to read:
AB950,5,2217
5.62
(5) At the September primary, an elector may vote for the candidates of
18only one party
, or the elector may vote for any of the independent candidates for state
19office listed; but the elector may not vote for more than one candidate for a single
20office. A space shall be provided on the ballot for an elector to write in the name of
21his or her choice as a party candidate for any office
, but no space shall be provided
22to write in the names of independent candidates.
AB950, s. 5
23Section
5. 7.08 (2) (c) and (cm) of the statutes are repealed.
AB950, s. 6
24Section
6. 7.70 (3) (e) (intro.) and 2. of the statutes, as affected by
1997
25Wisconsin Act 27, are consolidated, renumbered 7.70 (3) (e) and amended to read:
AB950,6,4
17.70
(3) (e) The chairperson of the board shall make a special statement to the
2board as soon as possible after the canvass
of the general election certifying
: 2. After
3the general election, the name of each political party which receives at least one
4percent of the vote cast in
such that election for any statewide office.
AB950, s. 7
5Section
7. 7.70 (3) (e) 1. of the statutes is repealed.
AB950, s. 8
6Section
8. 8.16 (1) of the statutes is amended to read:
AB950,6,137
8.16
(1) Except as provided in sub. (2), the person who receives the greatest
8number of votes for an office on a party ballot at any partisan primary, regardless of
9whether the person's name appears on the ballot, shall be the party's candidate for
10the office, and the person's name shall so appear on the official ballot at the next
11election.
All independent candidates shall appear on the general election ballot
12regardless of the number of votes received by such candidates at the September
13primary.
AB950, s. 9
14Section
9. 8.16 (5) of the statutes is repealed.
AB950, s. 10
15Section
10. 8.35 (4) (b) of the statutes is amended to read:
AB950,6,2216
8.35
(4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys
17received by a candidate from the
Wisconsin election campaign democracy trust fund
18shall be immediately transferred to any candidate who is appointed to replace such
19candidate
, upon filing of a proper application therefor under s. 11.50 (2). If there is
20no candidate appointed
or if no proper application is filed within 7 days of the date
21on which the vacancy occurs, such moneys shall revert to the state
as provided in s.
2211.50 (8).
AB950, s. 11
23Section
11. 10.02 (3) (b) 2m. of the statutes is amended to read:
AB950,7,724
10.02
(3) (b) 2m. At the September primary, the elector shall select the party
25ballot of his or her choice
or the ballot containing the names of the independent
1candidates for state office, and make a cross (
8) in the square at the right of or
2depress the lever or button next to the candidate's name for each office for whom the
3elector intends to vote or insert or write in the name of the elector's choice for a party
4candidate, if any.
In order to qualify for participation in the Wisconsin election
5campaign fund, a candidate for state office at the September primary, other than a
6candidate for district attorney, must receive at least 6% of all votes cast on all ballots
7for the office for which he or she is a candidate, in addition to other requirements.
AB950, s. 12
8Section
12. 10.06 (1) (e) of the statutes is amended to read:
AB950,7,169
10.06
(1) (e) As soon as possible following the state canvass of the spring
10primary vote, but no later than the first Tuesday in March, the board shall send a
11type B notice certifying to each county clerk the list of candidates for the spring
12election. When no primary is held, this notice shall be sent under par. (c).
The board
13shall also in any case send a certified list of candidates under s. 11.50 to the state
14treasurer pursuant to s. 7.08 (2) (c). When there is a referendum, the board shall send
15type A and C notices certifying each question to the county clerks as soon as possible,
16but no later than the first Tuesday in March.
AB950, s. 13
17Section
13. 10.06 (1) (i) of the statutes is amended to read:
AB950,7,2218
10.06
(1) (i) As soon as possible after the state canvass, but no later than the
194th Tuesday in September, the board shall send a type B notice certifying the list of
20candidates and type A and C notices certifying each question for any referendum to
21each county clerk for the general election
and a certified list of candidates under s.
2211.50 to the state treasurer pursuant to s. 7.08 (2) (c).
AB950, s. 14
23Section
14. 11.12 (2) of the statutes is amended to read:
AB950,8,424
11.12
(2) Any No registrant, except a candidate who receives public financing,
25may accept an anonymous contribution exceeding $10
received by a campaign or
1committee treasurer or by an individual under s. 11.06 (7) may not be used or
2expended. The. An anonymous contribution
exceeding $10 shall be donated to the
3common school fund or to any charitable organization at the option of the
registrant's 4treasurer.
AB950, s. 15
5Section
15. 11.16 (2) and (3) of the statutes are amended to read:
AB950,8,126
11.16
(2) Limitation on cash contributions. Every Except as provided in s.
711.506 (6), every contribution of money exceeding $50 shall be made by negotiable
8instrument or evidenced by an itemized credit card receipt bearing on the face the
9name of the remitter. No treasurer may accept a contribution made in violation of
10this subsection. The treasurer shall promptly return the contribution, or donate it
11to the common school fund or to a charitable organization in the event that the donor
12cannot be identified.
AB950,8,23
13(3) Form of disbursements. Every Except as authorized under s. 11.511 (1),
14every disbursement which is made by a registered individual or treasurer from the
15campaign depository account shall be made by negotiable instrument. Such
16instrument shall bear on the face the full name of the candidate, committee,
17individual or group as it appears on the registration statement filed under s. 11.05
18and where necessary, such additional words as are sufficient to clearly indicate the
19political nature of the registrant or account of the registrant. The name of a political
20party shall include the word "party". The instrument of each committee registered
21with the board and designated under s. 11.05 (3) (c) as a special interest committee
22shall bear the identification number assigned under s. 11.21 (12) on the face of the
23instrument.
AB950, s. 16
24Section
16. 11.26 (1) (a) of the statutes is amended to read:
AB950,9,2
111.26
(1) (a) Candidates for governor, lieutenant governor, secretary of state,
2state treasurer, attorney general, state superintendent or justice,
$10,000 $1,000.
AB950, s. 17
3Section
17. 11.26 (2) (a) of the statutes is amended to read:
AB950,9,64
11.26
(2) (a) Candidates for governor, lieutenant governor, secretary of state,
5state treasurer, attorney general, state superintendent or justice,
4% of the value of
6the disbursement level specified in the schedule under s. 11.31 (1)
$1,000.
AB950, s. 18
7Section
18. 11.26 (9) (c) and (10) of the statutes are repealed.
AB950, s. 19
8Section
19. 11.26 (13) of the statutes is amended to read:
AB950,9,119
11.26
(13) Except as provided in sub. (9), contributions Public financing 10benefits received from the
Wisconsin election campaign democracy trust fund are not
11subject to limitation by this section.
AB950, s. 20
12Section
20. 11.26 (17) (a) of the statutes is amended to read:
