LRB-2572/1
JTK:cjs:rs
2011 - 2012 LEGISLATURE
September 16, 2011 - Introduced by Representatives Roys, Thiesfeldt, Doyle,
Ringhand, Mason, Pasch, Pocan, Pope-Roberts, Hintz, Milroy, Hebl, Hulsey,
Bewley, Seidel and
Berceau, cosponsored by Senators Holperin, C. Larson
and S. Coggs. Referred to Committee on Election and Campaign Reform.
AB264,1,3
1An Act to create 11.24 (4) and 11.60 (3p) of the statutes;
relating to: acceptance
2of certain political contributions by certain elective state officials, officials elect,
3and committees and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits any incumbent partisan elective state official, including the
governor and lieutenant governor, or his or her personal campaign or authorized
support committee, from accepting any political contribution during the period from
January 1 of an odd-numbered year through the date of enactment of the biennial
budget act for the purpose of promoting his or her nomination or reelection to the
office held by the official. The bill also prohibits an incumbent governor or lieutenant
governor, or an individual who has been elected to either of those offices but who has
not taken office, or his or her personal campaign or authorized support committee,
from accepting any political contribution during the period from the day after the
date of the general election through the succeeding first Monday in January for the
purpose of promoting his or her nomination or reelection to the office that the
individual holds or to which the individual has been elected. The prohibition does
not apply to contributions accepted by an incumbent official who is subject to a recall
election or by the official's personal campaign or authorized support committee from
the date on which the petition for a recall election is filed until the date of the recall
election. In addition, the bill prohibits a legislative campaign committee from
accepting any political contribution during the period from January 1 of an
odd-numbered year through the date of enactment of the biennial budget act.
Violators are subject to a forfeiture (civil penalty) of treble the amount or value
of any unlawful contribution. Intentional violators are guilty of a misdemeanor and
may be fined not more than $1,000 or imprisoned for not more than six months or
both.
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB264, s. 1
1Section
1. 11.24 (4) of the statutes is created to read:
AB264,2,72
11.24
(4) (a) No incumbent partisan state elective official, including the
3governor and lieutenant governor, and no personal campaign committee or
4authorized support committee under s. 11.05 (3) (p) of such an official, may accept
5any contribution during the period beginning on January 1 of an odd-numbered year
6and ending on the date of enactment of the biennial budget act for the purpose of
7promoting that official's nomination or reelection to the office held by the official.
AB264,3,58
(b) No individual who is serving as governor or lieutenant governor, no
9individual who has been elected to the office of governor or lieutenant governor but
10has not yet taken office, and no personal campaign committee or authorized support
11committee under s. 11.05 (3) (p) of any such individual, may accept any contribution
12during the period beginning on the day after the date of the general election and
13ending on the succeeding first Monday in January for the purpose of promoting that
14individual's nomination or reelection to the office that the individual holds or to
15which the individual has been elected. For purposes of this paragraph, the legal
16counsel to the board shall determine whether an individual has been elected to the
17office of governor or lieutenant governor on the basis of media reports, if it is
18generally acknowledged that an individual has been so elected, and shall inform in
1writing any individual whom the legal counsel determines to have been so elected as
2soon as the legal counsel makes such a determination. In making his or her
3determination, the legal counsel is bound by the certification of the chairperson of
4the board or his or her designee under s. 7.70 (3) (g) if the certification has been
5issued.
AB264,3,116
(c) Notwithstanding par. (a), an incumbent partisan state elective official
7against whom a recall petition has been filed or the personal campaign or authorized
8support committee of such an official may accept a contribution during the period
9beginning on the date on which the petition is filed under s. 9.10 (3) (b) and ending
10on the date of the recall election or the date on which the official resigns if the official
11resigns at an earlier date under s. 9.10 (3) (c).
AB264,3,1412
(d) No legislative campaign committee may accept any contribution during the
13period beginning on January 1 of an odd-numbered year and ending on the date of
14enactment of the biennial budget act.
AB264,3,1715
(e) If in any year there is more than one executive budget bill under s. 16.47
16(1m), the period under pars. (a) and (d) ends on the date of enactment of the last such
17bill.
AB264, s. 2
18Section
2. 11.60 (3p) of the statutes is created to read:
AB264,3,2319
11.60
(3p) Notwithstanding sub. (1), any elective state official, official elect, or
20personal campaign or authorized support committee of any such official or official
21elect who accepts a contribution in violation of s. 11.24 (4) or any legislative campaign
22committee that accepts a contribution in violation of s. 11.24 (4) shall forfeit treble
23the amount of the contribution.
