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:
AB950,9,1513
11.26
(17) (a) For purposes of application of the limitations imposed in subs.
14(1), (2)
, and (9)
and (10), the "campaign" of a candidate begins and ends at the times
15specified in this subsection.
AB950, s. 21
16Section
21. 11.31 (title) of the statutes is amended to read:
AB950,9,17
1711.31 (title)
Disbursement levels and limitations; calculation.
AB950, s. 22
18Section
22. 11.31 (1) (intro.) of the statutes is amended to read:
AB950,9,2319
11.31
(1) Schedule. (intro.) The following levels of disbursements are
20established with reference to the candidates listed below.
Except as provided in sub.
21(2), such Such levels do not operate to restrict the total amount of disbursements
22which are made or authorized to be made by any candidate in any primary or other
23election.
AB950, s. 23
24Section
23. 11.31 (2) and (2m) and (3) of the statutes are repealed.
AB950, s. 24
25Section
24. 11.31 (3m) of the statutes is amended to read:
AB950,10,12
111.31
(3m) Unopposed candidates; exception. Notwithstanding
subs. sub. (1)
2and (2), if all candidates for state senator or representative to the assembly in a
3legislative district who are certified under s. 7.08 (2) (a) to appear on the September
4primary ballot of all parties recognized under s. 5.62 (1) (b) or (2) have no opponent
5who is certified to appear on the same primary ballot, or if no primary is required for
6all candidates of parties recognized under s. 5.62 (1) (b) or (2) for state senator or
7representative to the assembly in a legislative district who are certified under s. 8.50
8(1) (d) to appear on a special partisan election ballot, then the separate
limitation 9levels specified in sub. (1) for disbursements during the primary and election period
10does do not apply to candidates for that office in that primary and election
, and the
11candidates are bound only by the total limitations specified for the primary and
12election.
AB950, s. 25
13Section
25. 11.31 (6) of the statutes, as affected by 1997 Wisconsin Act ....
14(Assembly Bill 150), is amended to read:
AB950,11,415
11.31
(6) Exclusions. In computing the
limitations levels under this section
16an individual or campaign treasurer may exclude any contributions returned to the
17contributor; any loan repayments made; any inaugural expenses paid from the
18campaign depository account under s. 11.25 (2) (b); any expenses incurred as a result
19of a recount; all federal, state or local taxes paid; any reimbursement made to a
20candidate for the candidate's travel expenses; the gross receipts from the sale at an
21auction of any materials contributed to a candidate and reported by the candidate
22as a disbursement at the time the contribution is made; all refunds or deposits paid;
23the cost of services and materials purchased from a service provider for the purpose
24of compliance with the electronic filing requirement under s. 11.21 (16); and the cost
25of facilities rental, entertainment expense, food and beverages (including the
1preparation and service thereof if contracted to an outside agency), if utilized for a
2meal, sale, rally or similar fund raising effort or program which is intended for
3political purposes. Any such exclusion
claimed shall be reported to the appropriate
4filing officer in such form as the board may require.
AB950, s. 26
5Section
26. 11.31 (7) (b) to (d) of the statutes are amended to read:
AB950,11,86
11.31
(7) (b) Disbursements which are made before a campaign period for goods
7to be delivered or services to be rendered in connection with the campaign are
8charged against included in the disbursement
limitation level for that campaign.
AB950,11,119
(c) Disbursements which are made after a campaign to retire a debt incurred
10in relation to a campaign are
charged against included in the disbursement
11limitation level for that campaign.
AB950,11,1412
(d) Disbursements which are made outside a campaign period and to which par.
13(b) or (c) does not apply are not
subject to included in any disbursement
limitation 14level. Such disbursements are subject to s. 11.25 (2).
AB950, s. 27
15Section
27. 11.31 (8) of the statutes is amended to read:
AB950,11,2016
11.31
(8) Certain contributions excluded. The
limitations imposed levels
17specified under this section do not apply to a gift of anything of value constituting
18a contribution made directly to a registrant by another, but the
limitations levels 19shall apply to such gift when it is received and accepted by the recipient or if received
20in the form of money, when disbursed.
AB950, s. 28
21Section
28. 11.31 (10) of the statutes is amended to read:
AB950,11,2522
11.31
(10) Surplus materials excluded. Disbursements constituting surplus
23materials acquired in connection with a previous campaign of a candidate are not
24subject to limitation by included in the levels specified in this section, if the materials
25were previously reported as a disbursement by that candidate.
AB950, s. 29
1Section
29. 11.33 (1) (a) (intro.) of the statutes is amended to read:
AB950,12,52
11.33
(1) (a) (intro.)
No Except as provided in sub. (4), no person elected to state
3or local office who becomes a candidate for national, state or local office may use
4public funds for the cost of materials or distribution for 50 or more pieces of
5substantially identical material distributed after:
AB950, s. 30
6Section
30. 11.33 (4) of the statutes is created to read:
AB950,12,87
11.33
(4) This section does not apply to a candidate for state office at the general
8election.
AB950, s. 31
9Section
31. 11.50 of the statutes is repealed.
AB950, s. 32
10Section
32. 11.501 to 11.522 of the statutes are created to read:
AB950,12,11
1111.501 Definitions. In ss. 11.501 to 11.522:
AB950,12,13
12(1) "Allowable contribution" means a qualifying contribution, seed money
13contribution or personal contribution authorized under ss. 11.502 to 11.522.
AB950,12,14
14(2) "Campaign" has the meaning given in s. 11.26 (17).
AB950,12,17
15(3) "Election campaign period" means the period beginning on the day after the
16primary election or the day on which a primary election would be held, if required,
17and ending on the day of the succeeding general or special election.
AB950,12,21
18(4) "Eligible candidate" means a candidate for a partisan state office, other
19than district attorney, who qualifies for public financing by collecting the required
20number of qualifying contributions, making all required reports and disclosures, and
21being certified by the board as being in compliance with ss. 11.502 to 11.522.
AB950,12,24
22(5) "Excess disbursement amount" means the amount of disbursements made
23by a nonparticipating candidate in excess of the public financing benefit available to
24an eligible candidate for the same office which the nonparticipating candidate seeks.
AB950,13,3
1(6) "Excess qualifying contribution amount" means the amount of qualifying
2contributions accepted by a candidate beyond the number or dollar amount of
3contributions required to qualify a candidate for public financing.
AB950,13,6
4(7) "Exploratory period" means the period that begins after the date of a
5general election and ends on the first day of the public financing qualifying period
6for the next election for the same office.
AB950,13,10
7(8) "Fair election debit card" means a debit card issued by the secretary of state
8in accordance with s. 11.515 (2) entitling a candidate and agents of the candidate
9designated by the candidate to draw money from an account maintained by the board
10to make disbursements authorized by law.
AB950,13,12
11(9) "Immediate family", when used with reference to a candidate, includes the
12candidate's spouse and children.
AB950,13,17
13(10) "Independent disbursement" means a disbursement by a person expressly
14advocating the election or defeat of a clearly identified candidate which is made
15without cooperation or consultation with a candidate, or any authorized committee
16or agent of a candidate, and which is not made in concert with, or at the request or
17suggestion of, any candidate, or any authorized committee or agent of a candidate.
AB950,13,23
18(11) "Mass mailing" means a districtwide or statewide mailing of newsletters,
19pamphlets, brochures or other similar items of more than 100 pieces in which the
20content of the matter mailed is substantially identical. "Mass mailing" does not
21include a mailing made in direct response to communications from persons to whom
22the matter is mailed, a mailing to a federal, state or local government official or a
23news release to communications media.
AB950,14,3
1(12) "Nonparticipating candidate" means a candidate who does not apply for
2a public financing benefit or who otherwise is ineligible or fails to qualify for a public
3financing benefit under ss. 11.502 to 11.522.
AB950,14,5
4(13) "Personal funds" means funds contributed by a candidate or a member of
5a candidate's immediate family.
AB950,14,9
6(14) "Primary election campaign period" means the period beginning 30 days
7after the last day prescribed by law for filing nomination papers for an office and
8ending on the day of the primary election for that office or the day on which the
9primary election would be held, if required.
AB950,14,13
10(15) "Public financing qualifying period" means the period beginning on the
11first day of January of an even-numbered year or the day on which a special election
12is ordered and ending on the day before the beginning of the primary election
13campaign period.
AB950,14,19
14(16) "Qualifying contribution" means a contribution of $5 made to a candidate
15made by an elector of the jurisdiction or district in which the candidate seeks office
16during the public financing qualifying period, which is accompanied by a statement
17signed by the contributor indicating that he or she understands the purpose of the
18contribution and which is acknowledged by written receipt identifying the
19contributor.
AB950,14,25
20(17) "Seed money contribution" means a contribution in an amount not more
21than $100 made to a candidate by an individual or committee in which the candidate
22seeks office during the exploratory period or the public financing qualifying period,
23or a contribution made to a candidate consisting of personal funds of that candidate
24in an amount not more than the amount authorized under s. 11.507 during the
25exploratory period or the public financing qualifying period.
AB950,15,9
111.502 Qualification; certification. (1) Before a candidate for the
2nomination of a political party for an office in a primary election may be certified as
3an eligible candidate to receive a public financing benefit for the primary election
4campaign period, the candidate shall apply to the secretary of state for a public
5financing benefit and file a sworn statement that the candidate has complied and will
6comply with all requirements of ss. 11.502 to 11.522 throughout the applicable
7campaign, which includes the primary and election for that office. A candidate shall
8file the application and statement no later than the beginning of the primary election
9campaign period for the office which the candidate seeks.
AB950,15,13
10(2) A candidate shall be certified by the secretary of state as an eligible
11candidate for receipt of full public financing for a primary election if the candidate
12complies with sub. (1) and receives qualifying contributions before the close of the
13public financing qualifying period equal to at least:
AB950,15,1414
(a) Two hundred in the case of a candidate for representative to the assembly.
AB950,15,1515
(b) Five hundred in the case of a candidate for state senator.
AB950,15,1716
(c) One thousand in the case of a candidate for a statewide office other than
17governor.
