Currently, individuals and committees making political contributions to
candidates for the office of justice of the supreme court 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 are $10,000 in the case
of an individual making a contribution to a candidate and $8,625 in the case of a
committee making a contribution to a candidate. This bill replaces these limitations
with a contribution limitation of $1,000 applicable to an individual or committee
making any contribution or contributions cumulatively during a campaign period to
any candidate for the office of justice of the supreme court who is eligible to qualify
for a public financing benefit but who declines to accept one.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB250, s. 1 1Section 1. 8.35 (4) (b) of the statutes is amended to read:
AB250,4,102 8.35 (4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys
3received by a candidate from the Wisconsin election campaign fund shall be
4immediately transferred to any candidate who is appointed to replace such
5candidate, upon filing of a proper application therefor under s. 11.50 (2). If there is

1no candidate appointed or if no proper application is filed within 7 days of the date
2on which the vacancy occurs, such moneys shall revert to the state as provided in s.
311.50 (8). Notwithstanding par. (a), any unspent and unencumbered moneys
4received by a candidate from the democracy trust fund shall be immediately
5transferred to any candidate who is appointed to replace that candidate upon filing
6of a proper application therefor under s. 11.502 (1). For purposes of qualification,
7contributions received and disbursements made by the former candidate are
8considered to have been received or made by the replacement candidate. If there is
9no candidate appointed or if no proper application is filed within 7 days of the date
10on which a vacancy occurs, the moneys shall revert to the state.
AB250, s. 2 11Section 2. 11.01 (14m) of the statutes is created to read:
AB250,4,1412 11.01 (14m) "Partisan state office" means the office of governor, lieutenant
13governor, secretary of state, state treasurer, attorney general, state senator, state
14representative to the assembly, or district attorney.
AB250, s. 3 15Section 3. 11.12 (2) of the statutes is amended to read:
AB250,4,2316 11.12 (2) Any No registrant, except a candidate who receives a public financing
17benefit from the democracy trust fund, may accept an
anonymous contribution
18exceeding $10 received by a campaign or committee treasurer or by an individual
19under s. 11.06 (7) may not be used or expended. The
. No candidate who receives a
20public financing benefit from the democracy trust fund may accept an anonymous
21contribution exceeding $5. Any anonymous
contribution that may not be accepted
22under this subsection
shall be donated to the common school fund or to any a
23charitable organization at the option of the registrant's treasurer.
AB250, s. 4 24Section 4. 11.16 (2) of the statutes is amended to read:
AB250,5,7
111.16 (2) Limitation on cash contributions. Every Except as provided in s.
211.506 (6), every
contribution of money exceeding $50 shall be made by negotiable
3instrument or evidenced by an itemized credit card receipt bearing on the face the
4name of the remitter. No treasurer may accept a contribution made in violation of
5this subsection. The treasurer shall promptly return the contribution, or donate it
6to the common school fund or to a charitable organization in the event that the donor
7cannot be identified.
AB250, s. 5 8Section 5. 11.16 (3) of the statutes is amended to read:
AB250,5,199 11.16 (3) Form of disbursements. Every Except as authorized under s. 11.511
10(1), every
disbursement which is made by a registered individual or treasurer from
11the campaign depository account shall be made by negotiable instrument. Such
12instrument shall bear on the face the full name of the candidate, committee,
13individual or group as it appears on the registration statement filed under s. 11.05
14and where necessary, such additional words as are sufficient to clearly indicate the
15political nature of the registrant or account of the registrant. The name of a political
16party shall include the word "party". The instrument of each committee registered
17with the board and designated under s. 11.05 (3) (c) as a special interest committee
18shall bear the identification number assigned under s. 11.21 (12) on the face of the
19instrument.
AB250, s. 6 20Section 6. 11.26 (1) (a) of the statutes is amended to read:
AB250,5,2221 11.26 (1) (a) Candidates for governor, lieutenant governor, secretary of state,
22state treasurer, attorney general, or state superintendent or justice, $10,000.
AB250, s. 7 23Section 7. 11.26 (1) (am) of the statutes is created to read:
AB250,5,2424 11.26 (1) (am) Candidates for justice, $1,000.
AB250, s. 8 25Section 8. 11.26 (2) (a) of the statutes is amended to read:
AB250,6,3
111.26 (2) (a) Candidates for governor, lieutenant governor, secretary of state,
2state treasurer, attorney general, or state superintendent or justice, 4 percent of the
3value of the disbursement level specified in the schedule under s. 11.31 (1).
AB250, s. 9 4Section 9. 11.26 (2) (an) of the statutes is created to read:
AB250,6,55 11.26 (2) (an) Candidates for justice, $1,000.
AB250, s. 10 6Section 10. 11.26 (9) (a) of the statutes is amended to read:
AB250,6,127 11.26 (9) (a) No Except as provided in par. (ba), no individual who is a candidate
8for state or local office may receive and accept more than 65 percent of the value of
9the total disbursement level determined under s. 11.31 for the office for which he or
10she is a candidate during any primary and election campaign combined from all
11committees subject to a filing requirement, including political party and legislative
12campaign committees.
AB250, s. 11 13Section 11. 11.26 (9) (b) of the statutes is amended to read:
AB250,6,1914 11.26 (9) (b) No Except as provided in par. (ba), no individual who is a candidate
15for state or local office may receive and accept more than 45 percent of the value of
16the total disbursement level determined under s. 11.31 for the office for which he or
17she is a candidate during any primary and election campaign combined from all
18committees other than political party and legislative campaign committees subject
19to a filing requirement.
AB250, s. 12 20Section 12. 11.26 (9) (ba) of the statutes is created to read:
AB250,6,2221 11.26 (9) (ba) Paragraphs (a) and (b) do not apply to a candidate who receives
22a public financing benefit from the democracy trust fund.
AB250, s. 13 23Section 13. 11.26 (13) of the statutes is amended to read:
AB250,7,3
111.26 (13) Except as provided in sub. (9), contributions received from the
2Wisconsin election campaign fund and public financing benefits received from the
3democracy trust fund
are not subject to limitation by this section.
AB250, s. 14 4Section 14. 11.31 (1) (d) of the statutes is amended to read:
AB250,7,65 11.31 (1) (d) Candidates for secretary of state, state treasurer, justice or state
6superintendent, $215,625.
AB250, s. 15 7Section 15. 11.50 (1) (a) 1. of the statutes is amended to read:
AB250,7,158 11.50 (1) (a) 1. With respect to a spring or general election, any individual who
9is certified under s. 7.08 (2) (a) as a candidate in the spring election for justice or state
10superintendent, or an individual who receives at least 6% of the vote cast for all
11candidates on all ballots for any state office, except district attorney, for which the
12individual is a candidate at the September primary and who is certified under s. 7.08
13(2) (a) as a candidate for that office in the general election, or an individual who has
14been lawfully appointed and certified to replace either such individual on the ballot
15at the spring or general election; and who has qualified for a grant under sub. (2).
AB250, s. 16 16Section 16. 11.50 (3) (a) 2. of the statutes is repealed.
AB250, s. 17 17Section 17. 11.50 (3) (b) of the statutes is amended to read:
AB250,7,2418 11.50 (3) (b) If a vacancy occurs in the office of state superintendent or justice
19after August 15 in any year and an election is scheduled to fill the vacancy at the
20spring election in the following year, the state treasurer shall transfer an amount not
21exceeding 8 percent of the moneys transferred to the fund on the preceding August
2215 to the superintendency account for the office in which the vacancy occurs, such
23moneys to be drawn from any account within the accounts created under sub. (4) in
24the amount or amounts specified by the board.
AB250, s. 18 25Section 18. 11.501 to 11.522 of the statutes are created to read:
AB250,8,1
111.501 Definitions. In ss. 11.501 to 11.522:
AB250,8,3 2(1) "Allowable contribution" means a qualifying contribution, seed money
3contribution, or personal contribution authorized under ss. 11.502 to 11.522.
AB250,8,4 4(2) "Campaign" has the meaning given in s. 11.26 (17).
AB250,8,7 5(3) "Election campaign period" means the period beginning on the day after the
6spring primary election or the day on which a primary election would be held, if
7required, and ending on the day of the succeeding spring election.
AB250,8,13 8(4) "Eligible candidate" means a candidate for the office of justice who has an
9opponent who has qualified to have his or her name certified for placement on the
10ballot at the spring primary or election and who qualifies for public financing by
11collecting the required number of qualifying contributions, making all required
12reports and disclosures, and being certified by the board as being in compliance with
13ss. 11.502 to 11.522.
AB250,8,16 14(5) "Excess disbursement amount" means the amount of disbursements made
15by a nonparticipating candidate in excess of the public financing benefit available to
16an eligible candidate for the same office that the nonparticipating candidate seeks.
AB250,8,19 17(6) "Excess qualifying contribution amount" means the amount of qualifying
18contributions accepted by a candidate beyond the number or dollar amount of
19contributions required to qualify a candidate for a public financing benefit.
AB250,8,22 20(7) "Exploratory period" means the period that begins after the date of a spring
21election and ends on the first day of the public financing qualifying period for the next
22election for justice.
AB250,8,24 23(9) "Immediate family," when used with reference to a candidate, includes the
24candidate's spouse and children.
AB250,9,5
1(10) "Independent disbursement" means a disbursement by a person expressly
2advocating the election or defeat of a clearly identified candidate which is made
3without cooperation or consultation with a candidate, or any authorized committee
4or agent of a candidate, and which is not made in concert with, or at the request or
5suggestion of, any candidate, or any authorized committee or agent of a candidate.
AB250,9,8 6(11) "Nonparticipating candidate" means a candidate for the office of justice
7who does not apply for a public financing benefit or who is otherwise ineligible or fails
8to qualify for a public financing benefit under ss. 11.502 to 11.522.
AB250,9,10 9(12) "Personal funds" means funds contributed by a candidate or a member of
10a candidate's immediate family.
AB250,9,14 11(13) "Primary election campaign period" means the period beginning on the
12day after the last day prescribed by law for filing nomination papers for that office
13and ending on the day of the spring primary election for that office or the day on
14which the primary election would be held, if required.
AB250,9,17 15(14) "Public financing qualifying period" means the period beginning on the
16first day of July of any year and ending on the day before the beginning of the primary
17election campaign period for that office.
AB250,9,20 18(15) "Qualifying contribution" means a contribution made to a candidate by an
19elector of this state during the public financing qualifying period, which is
20acknowledged by written receipt identifying the contributor.
AB250,9,24 21(16) "Seed money contribution" means a contribution in an amount of not more
22than $100 made to a candidate by an elector of the jurisdiction or district in which
23the candidate seeks office during the exploratory period or the public financing
24qualifying period, or a contribution made to a candidate consisting of personal funds

1of that candidate in an amount not more than the amount authorized under s. 11.507
2during the exploratory period or the public financing qualifying period.
AB250,10,11 311.502 Qualification; certification. (1) Before a candidate for justice in the
4primary election may be certified as an eligible candidate to receive a public
5financing benefit for the primary election campaign period, the candidate shall apply
6to the board for a public financing benefit and file a sworn statement that the
7candidate has complied and will comply with all requirements of this section and ss.
811.503 to 11.522 throughout the applicable campaign, which includes the primary
9and election for that office. A candidate shall file the application and statement no
10later than the beginning of the primary election campaign period for the office that
11the candidate seeks.
AB250,10,16 12(2) A candidate shall be certified by the board as an eligible candidate for
13receipt of public financing for a primary election if the candidate complies with sub.
14(1) and receives at least 1,000 qualifying contributions in amounts equal to not less
15than $5 nor more than $100 and in an aggregate amount of not less than $5,000 nor
16more than $15,000 before the close of the public financing qualifying period.
AB250,10,19 17(3) The board shall verify a candidate's compliance with the requirements of
18sub. (2) by such verification and sampling techniques as the board considers
19appropriate.
AB250,10,20 20(4) Each candidate shall:
AB250,10,2221 (a) Acknowledge each qualifying contribution by a receipt to the contributor
22which contains the contributor's name and home address.
AB250,11,223 (b) No later than the 15th or the last day of the month which immediately
24follows the date of receipt of a qualifying contribution, whichever comes first, file a

1copy of the receipt under par. (a) with the board, except that during July, August, and
2September a copy need only be filed on the last day of the month.
AB250,11,4 3(5) A qualifying contribution may be utilized only for the purpose of making
4a disbursement authorized by law.
AB250,11,12 511.503 Time of application. (1) Before a candidate may be certified as
6eligible for receipt of public financing for a spring election, the candidate shall apply
7to the board and file a sworn statement that the candidate has fulfilled all the
8requirements of ss. 11.502 to 11.522 during the primary election campaign period
9and will comply with such requirements during the election campaign period.
10Except as authorized in s. 8.35 (4) (b), the application shall be filed no later than the
117th day after the date of the spring primary election or the day on which the primary
12election would be held if a primary were required.
AB250,11,15 13(2) The board shall certify a candidate as an eligible candidate for receipt of
14public financing for a spring election if the candidate complies with sub. (1) and the
15candidate was an eligible candidate during the primary election campaign period.
AB250,11,23 1611.505 Agreement by candidate. An eligible candidate who accepts a public
17financing benefit under ss. 11.502 to 11.522 during the primary election campaign
18period shall agree to comply with all requirements of ss. 11.502 to 11.522 throughout
19the election campaign period during the same campaign as a precondition to receipt
20of public financing. An eligible candidate who accepts a public financing benefit
21during a primary election campaign period may not elect to accept private
22contributions in violation of ss. 11.502 to 11.522 during the corresponding election
23campaign period.
AB250,12,2 2411.506 Requirements imposed upon candidates. (1) An eligible
25candidate may not accept private contributions other than seed money contributions

1and qualifying contributions that the candidate accepts during the exploratory
2period and the public financing qualifying period.
AB250,12,10 3(2) In addition to reports required to be filed under ss. 11.12 (5) and 11.20, a
4candidate who receives a public financing benefit shall furnish complete financial
5records, including records of seed money contributions, qualifying contributions, and
6disbursements, to the board on the 15th or the last day of the month that
7immediately follows the receipt of the contribution or the making of the
8disbursement, whichever comes first, except that during July, August, and
9September records need only be furnished on the last day of the month. Each such
10candidate shall cooperate with any audit or examination by the board.
AB250,12,19 11(3) In addition to adhering to requirements imposed under ss. 11.06 (5) and
1211.12 (3), a candidate who receives a public financing benefit shall maintain records
13of all contributions received by the candidate of more than $5 but less than $50,
14including seed money contributions and qualifying contributions, which shall
15contain the full name of the contributor and the contributor's full home address. In
16addition, if a contributor's aggregate contributions to any candidate exceed $50 for
17any campaign, the candidate shall also maintain a record of the contributor's
18principal occupation and the name and business address of the contributor's place
19of employment.
AB250,12,21 20(4) The failure to record or provide the information specified in sub. (3)
21disqualifies a contribution from counting as a qualifying contribution.
AB250,12,24 22(5) No eligible candidate and no person acting on a candidate's behalf may
23deposit any contribution that is not recorded in accordance with sub. (3) in a
24candidate's campaign depository account.
AB250,13,4
1(6) No eligible candidate may accept more than $25 in cash from any
2contributor and no such candidate may accept cash from all sources in a total amount
3greater than one-tenth of 1 percent of the public financing benefit for the office that
4the candidate seeks or $500, whichever is greater.
AB250,13,7 511.507 Personal funds of candidates. (1) The personal funds of a candidate
6contributed as seed money contributions may not exceed an aggregate amount of
7$5,000.
AB250,13,9 8(2) No eligible candidate may make any disbursement derived from personal
9funds after the close of the public financing qualifying period.
AB250,13,16 1011.508 Seed money contributions. (1) An eligible candidate may accept
11seed money contributions from any individual or committee prior to the end of the
12public financing qualifying period, provided the total contributions received from one
13contributor, except personal funds and qualifying contributions otherwise permitted
14under ss. 11.502 to 11.522, do not exceed $100, and the aggregate contributions,
15including personal funds, but not including qualifying contributions, do not exceed
16$5,000.
AB250,13,19 17(2) An eligible candidate may make disbursements derived from seed money
18contributions only during the exploratory period and the public financing qualifying
19period.
AB250,14,3 2011.509 Excess contributions. If an eligible candidate receives excess seed
21money contributions or qualifying contributions on an aggregate basis, the
22candidate may retain the contributions and make disbursements derived from the
23contributions, in an amount not exceeding $15,000. An amount equivalent to the
24excess contributions shall be deducted by the board from the candidate's public
25financing benefit. A candidate shall return to the board all seed money and

1qualifying contributions that exceed the limits prescribed in this section within 48
2hours after the end of the exploratory period. The board shall deposit all
3contributions returned under this section in the democracy trust fund.
AB250,14,10 411.51 Certification by candidate. (1) To apply for a public financing benefit,
5a candidate shall certify to the board that the candidate has complied and will
6comply, throughout the applicable campaign, with all requirements of ss. 11.502 to
711.522 and that all disclosures required as of the time of application have been made,
8and shall present evidence of the requisite number of qualifying contributions
9received by the candidate. The candidate's request for certification shall be signed
10by the candidate and the candidate's campaign treasurer.
AB250,14,16 11(2) The board shall distribute to each eligible candidate at the spring primary
12election a check for the amount of the public financing benefit payable to the
13candidate promptly after the candidate demonstrates his or her eligibility and, in
14any event, not later than 5 days after the end of the public financing qualifying
15period; however, no candidate may utilize a check received under this subsection
16until the beginning of the primary election campaign period.
AB250,14,23 17(3) The board shall distribute to each eligible candidate for justice at a spring
18election a check for the amount of the public financing benefit payable to the
19candidate not later than 48 hours after the date of the spring primary election for the
20office of justice, or the date that the primary election would be held if a primary were
21required. However, no candidate for a particular office shall receive a check until all
22candidates for the office of justice who apply and qualify for a public financing benefit
23have been certified as eligible candidates.
AB250,15,2 24(4) If any candidate who receives a public financing benefit violates the
25requirements of ss. 11.502 to 11.522, the board shall require the candidate to repay

1all public funds received by the candidate to the board. The board shall deposit all
2repayments received under this subsection in the democracy trust fund.
AB250,15,12 311.511 Public financing benefits. (1) The board shall provide to each
4eligible candidate who qualifies to receive a public financing benefit for the primary
5or election campaign period separate checks for the public financing benefits payable
6to the candidate for the primary and election campaign periods in the amounts
7specified in this section, subject to any required adjustment under s. 11.509, 11.512
8(2) or 11.513 (2). An eligible candidate may use this public financing benefit to
9finance any lawful disbursements during the primary and election campaign periods
10to further the election of the candidate in that primary or election. An eligible
11candidate may not use this public financing benefit to repay any loan, or in violation
12of ss. 11.502 to 11.522 or any other applicable law.
AB250,15,14 13(2) Except as provided in ss. 11.512 (2) and 11.513 (2), the public financing
14benefit for a primary election campaign period is $100,000.
AB250,15,16 15(3) Except as provided in ss. 11.512 (2) and 11.513 (2), the public financing
16benefit for an election campaign period is $300,000.
AB250,15,19 17(4) If there is no spring primary election for the office of justice, no eligible
18candidate may receive a public financing benefit for the primary election campaign
19period.
AB250,15,24 20(5g) An eligible candidate who receives a public financing benefit in the
21primary election campaign period and whose name is certified to appear on the ballot
22at the election following that primary may utilize any unencumbered balance of the
23public financing benefit received by the candidate in the primary election campaign
24period for the election campaign period.
AB250,16,5
1(5r) Except as permitted in sub. (5g), an eligible candidate who receives a
2public financing benefit and who does not encumber or expend some portion of the
3benefit for a purpose described in sub. (1) shall return any unencumbered portion of
4the benefit to the board within 30 days after the primary or election in which the
5candidate participates.
AB250,16,10 6(6) Notwithstanding subs. (2) and (3), beginning on July 1, 2010, and every 2
7years thereafter, the board shall modify the public financing benefits provided for in
8subs. (2) and (3) to adjust for the change in the consumer price index, all items, U.S.
9city average, published by the U.S. department of labor for the preceding 2-year
10period ending on December 31.
AB250,17,7 1111.512 Financial activity by nonparticipating candidates. (1) In
12addition to other reports required by law, a nonparticipating candidate for an office
13at a primary or election who receives contributions or makes or obligates to make
14disbursements in an amount more than 5 percent greater than the public financing
15benefit applicable to an eligible candidate for the same office at the same primary or
16election shall file a report with the board itemizing the total contributions received
17and disbursements made or obligated to be made by the candidate as of the date of
18the report. The board shall transmit copies of the report to all candidates for the
19same office at the same election. A nonparticipating candidate shall file additional
20reports after the candidate receives each additional $1,000 of contributions, or the
21candidate makes or obligates to make each additional $1,000 of disbursements. If
22such contributions are received or such disbursements are made or obligated to be
23made more than 6 weeks prior to the date of the primary election at which the name
24of the candidate appears on the ballot, or prior to the date that the primary election
25would be held, if a primary were required, such reports shall be made at the next

1regular reporting interval under s. 11.506. If such contributions are received or such
2disbursements made or obligated to be made within 6 weeks prior to the date of the
3primary election at which the name of the candidate appears on the ballot, or within
46 weeks prior to the date that the primary election would be held, if a primary were
5required, such reports shall be made within 24 hours after each instance in which
6such contributions are received, or such disbursements are made or obligated to be
7made.
AB250,17,11 8(2) Upon receipt of such information, the state treasurer shall immediately
9issue a check to an opposing eligible candidate in an additional amount equivalent
10to the total excess disbursements made or obligated to be made, but not to exceed 3
11times the public financing benefit for the applicable office.
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