LRB-2403/1
JK:sac:jf
2013 - 2014 LEGISLATURE
August 23, 2013 - Introduced by Representatives Hebl, Shankland, Kolste,
Berceau, Zamarripa, Bernard Schaber, Sinicki, Kessler, Wright, Genrich,
Doyle, Kahl, Jorgensen, Ohnstad and Milroy. Referred to Joint Committee
on Finance.
AB298,1,10 1An Act to renumber and amend 7.70 (3) (e); to amend 5.02 (12s), 5.35 (6) (b),
25.37 (4), 5.62 (1) (a), 5.62 (3), 5.81 (4), 5.91 (1), 5.91 (6), 8.15 (7), 8.16 (1), 8.20
3(8) (a), 8.20 (9), 8.35 (4) (c), 8.50 (3) (b), 10.02 (3) (b) 2., 10.06 (1) (e), 10.06 (1)
4(i), 11.06 (1) (jm), 11.16 (5), 11.26 (17) (a), 11.31 (title), 11.31 (1) (intro.), 11.31
5(7) (b) to (d) and 11.31 (8); and to create 5.62 (5), 7.08 (2) (c), 7.08 (2) (cm), 7.70
6(3) (e) 1., 8.16 (5), 8.35 (4) (b), 10.02 (3) (b) 2m., 11.21 (15), 11.26 (9) (c), 11.26 (10),
711.26 (13), 11.31 (2), 11.31 (2m), 11.31 (3), 11.31 (3m), 11.31 (4), 11.31 (6), 11.31
8(10), 11.50, 14.58 (20), 20.511 (1) (q), 20.855 (4) (b), 25.17 (1) (ys), 25.42 and
971.10 (3) of the statutes; relating to: creation of a Wisconsin election campaign
10fund, making appropriations, and providing penalties.
Analysis by the Legislative Reference Bureau
This bill authorizes each individual filing a state income tax return who has a
tax liability or is owed a refund to designate that $1 of general purpose revenue be
transferred to an election campaign fund administered by the Government
Accountability Board (GAB) and the state treasurer. Under the bill, any candidate
for a partisan state office, except district attorney, who receives at least 6 percent of

the total vote cast on all ballots for the office the candidate seeks at the partisan
primary and whose name is certified as a candidate in the general election is eligible
to receive a grant from the fund to finance campaign expenses. The bill places the
names of independent candidates on the partisan primary ballot in order to permit
these candidates to qualify to receive grants. However, as under current law, a voter
who votes for a party candidate for any office is not permitted to vote for any
candidates not representing that party, including independent candidates. The
independent candidates continue to appear on the general election ballot regardless
of the number of votes they receive at the primary. A candidate for state
superintendent of public instruction or justice of the supreme court who is nominated
at the primary may also qualify to receive grants. In addition, a candidate for a state
office at a special partisan election may qualify to receive a grant if he or she
represents a party whose candidate for the same office at the most recent general
election received at least 6 percent of the total vote cast for the office or if he or she
actually receives at least 6 percent of the total vote cast for the office at the special
election. A candidate whose name appears on the ballot at a special election for the
office of state superintendent may also qualify.
The moneys in the fund are apportioned as follows: 1) in those years in which
there is an election for supreme court justice, candidates for that office may receive
8 percent of the money in the fund which is divided equally among them; 2) in those
years in which there is an election for state superintendent, candidates for that office
may receive 8 percent of the money in the fund which is divided equally between
them; 3) the remainder is apportioned among the candidates for partisan state
executive offices, who may receive 25 percent of the remaining money in the fund,
and candidates for legislative office, who may receive 75 of the remaining money in
the fund. The fund is further apportioned among candidates for the executive offices
according to a specified formula. All eligible candidates for the same office may
receive equal grants. If a candidate for an office does not accept a grant, the amount
for which the candidate could have qualified is potentially payable to any opposing
candidates for the same office who accept grants. To complete his or her
qualification, a candidate must receive contributions of money from individuals
during a specified period in amounts of $100 or less cumulatively from each
individual. For a candidate for a statewide office or any candidate at a special
election, the contributions must equal at least 5 percent of the candidate's statutory
disbursement (expenditure) level. For other candidates, the contributions must
equal at least 10 percent of the candidate's statutory disbursement level. A
candidate for an office who accepts a grant must agree to abide by the statutory
disbursement level unless the candidate is opposed by a candidate whose name
appears on the ballot and who receives at least 6 percent of the total vote for the same
office at the primary if a primary was held and that candidate does not accept a grant
or does not abide by the statutory disbursement level. As under current law, a
candidate who does not accept a grant is not bound by any disbursement level, but
such a candidate may voluntarily agree to abide by the disbursement level by filing
an affidavit with GAB affirming that intention.

Under the bill, grants are paid directly to each eligible candidate. Grants may
be used only for office supplies or postage, or for the purchase of services from
printers, graphic arts or advertising providers, or communications media. A
candidate must return any unspent and unencumbered grant moneys to the state.
Under current law, no candidate for state office may receive more than 45
percent of his or her statutory disbursement level from committees other than
political party committees. The bill treats grant moneys as committee contributions,
thus reducing the amount of nonparty committee contributions that a candidate who
accepts a grant may receive. The maximum amount that a candidate may receive
is that amount, when added to all other nonparty committee contributions received
by the candidate, equal to 45 percent of the candidate's disbursement level. If there
is insufficient money within any account in the fund to make full payment of the
grants to which all eligible candidates are entitled at any election, GAB is directed
to proportionally reduce grant payments.
The bill transfers $1,128,600 from the general fund to the Wisconsin election
campaign fund, which is approximately equivalent to the amount that was
transferred from the campaign fund to the general fund in 2011 when the campaign
fund existed under former law. Under the bill, initial grants are payable at the first
election that follows the day the bill becomes law by at least 60 days, but the initial
transfer of moneys from income tax designations is made on August 15 following the
calendar or taxable year in which the first designations are made.
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:
AB298,1 1Section 1. 5.02 (12s) of the statutes is amended to read:
AB298,3,52 5.02 (12s) "Partisan primary" means the primary held the 2nd Tuesday in
3August 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
.
AB298,2 6Section 2. 5.35 (6) (b) of the statutes is amended to read:
AB298,4,87 5.35 (6) (b) At each polling place in the state where a consolidated ballot under
8s. 5.655 is used or an electronic voting system is utilized at a partisan primary
9election incorporating a ballot upon which electors may mark votes for candidates
10of more than one recognized political party or for candidates of a recognized political

1party and independent candidates
, the municipal clerk or board of election
2commissioners shall prominently post a sign in the form prescribed by the board
3warning electors in substance that on any ballot with votes cast for candidates of
4more than one recognized political party or any ballot with votes cast for candidates
5of any recognized political party and independent candidates
, no votes cast for any
6candidates for partisan office will be counted unless a preference for a party or for
7the independent candidates
is made. If the elector designates a preference, only
8votes cast for candidates of that preference will be counted.
AB298,3 9Section 3. 5.37 (4) of the statutes is amended to read:
AB298,4,1810 5.37 (4) Voting machines may be used at primary elections when they comply
11with subs. (1) and (2) and the following provisions: All candidates' names entitled to
12appear on the ballots at the primary shall appear on the machine; the elector cannot
13vote for candidates of more than one party, whenever the restriction applies, and an
14elector who votes for candidates of any party may not vote for independent
15candidates at the partisan primary
; the elector may secretly select the party for
16which he or she wishes to vote or the independent candidates in the case of the
17partisan primary
; the elector may vote for as many candidates for each office as he
18or she is lawfully entitled to vote for, but no more.
AB298,4 19Section 4. 5.62 (1) (a) of the statutes is amended to read:
AB298,5,1520 5.62 (1) (a) At the partisan primary, the following ballot shall be provided for
21the nomination of candidates of recognized political parties for national, state and
22county offices and independent candidates for state office in each ward, in the same
23form as prescribed by the board under s. 7.08 (1) (a), except as authorized in s. 5.655.
24The ballots shall be made up of the several party tickets with each party entitled to
25participate in the primary under par. (b) or sub. (2) having its own ballot, except as

1authorized in s. 5.655. The independent candidates for state office other than district
2attorney shall have a separate ballot for all such candidates under s. 5.64 (1) (e),
3except as authorized in s. 5.655.
The ballots shall be secured together at the bottom.
4The party ballot of the party receiving the most votes for president or governor at the
5last general election shall be on top with the other parties arranged in descending
6order based on their vote for president or governor at the last general election. The
7ballots of parties qualifying under sub. (2) shall be placed after the parties qualifying
8under par. (b), in the same order in which the parties filed petitions with the board.
9Any ballot required under par. (b) 2. shall be placed next in order. The ballot listing
10the independent candidates shall be placed at the bottom.
At polling places where
11voting machines are used, each party and the independent candidates shall be
12represented in one or more separate columns or rows on the ballot. At polling places
13where an electronic voting system is used other than an electronic voting machine,
14each party and the independent candidates may be represented in separate columns
15or rows on the ballot.
AB298,5 16Section 5. 5.62 (3) of the statutes is amended to read:
AB298,6,217 5.62 (3) The board shall designate the official primary ballot arrangement for
18statewide offices and district attorney within each prosecutorial district by using the
19same procedure as provided in s. 5.60 (1) (b). On each ballot and on each separate
20column or row on the ballot, the candidates for office shall be listed together with the
21offices which they seek in the following order whenever these offices appear on the
22partisan primary ballot: governor, lieutenant governor, attorney general, secretary
23of state, state treasurer, U.S. senator, U.S. representative in congress, state senator,
24representative to the assembly, district attorney and the county offices. Below the

1names of the independent candidates shall appear the party or principle of the
2candidates, if any, in 5 words or less, as shown on their nomination papers.
AB298,6 3Section 6. 5.62 (5) of the statutes is created to read:
AB298,6,114 5.62 (5) At the partisan primary, an elector may vote for the candidates of only
5one party, or the elector may vote for any of the independent candidates for state
6office listed; but the elector may not vote for more than one candidate for a single
7office. A space shall be provided on the ballot for an elector to write in the name of
8his or her choice as a party candidate for any office, including a party candidate of
9a party whose name appears on the ballot, column, or row designated for
10independent candidates, as provided in sub. (1) (b) or (2) (b), but no space shall be
11provided for an elector to write in the names of independent candidates.
AB298,7 12Section 7. 5.81 (4) of the statutes is amended to read:
AB298,6,1713 5.81 (4) In partisan primary elections, if a ballot contains the names of
14candidates of more than one party or the names of party candidates and independent
15candidates
, it shall provide a space for electors to designate a party preference or a
16preference for independent candidates
. Failure to designate a preference does not
17invalidate any votes cast by an elector, except as provided in s. 7.50 (1) (d).
AB298,8 18Section 8. 5.91 (1) of the statutes is amended to read:
AB298,6,2119 5.91 (1) It enables an elector to vote in secrecy and to select the party for which
20or the independent candidates for whom an elector will vote in secrecy at a partisan
21primary election.
AB298,9 22Section 9. 5.91 (6) of the statutes is amended to read:
AB298,7,423 5.91 (6) The voting device or machine permits an elector in a primary election
24to vote for the candidates of the recognized political party or the independent
25candidates
of his or her choice, and the automatic tabulating equipment or machine

1rejects any ballot on which votes are cast in the primary of more than one recognized
2political party, except where a party or independent candidate designation is made
3or where an elector casts write-in votes for candidates of more than one party on a
4ballot that is distributed to the elector.
AB298,10 5Section 10. 7.08 (2) (c) of the statutes is created to read:
AB298,7,136 7.08 (2) (c) As soon as possible after the canvass of the spring and partisan
7primary votes, but no later than the first Tuesday in March and the 4th Tuesday in
8August, transmit to the state treasurer a certified list of all eligible candidates for
9state office who have filed applications under s. 11.50 (2) and whom the board
10determines to be eligible to receive grants from the Wisconsin election campaign
11fund. The list shall contain each candidate's name, the mailing address indicated on
12the candidate's registration statement, the office the candidate seeks, and the party
13or principle the candidate represents, if any.
AB298,11 14Section 11. 7.08 (2) (cm) of the statutes is created to read:
AB298,7,2215 7.08 (2) (cm) As soon as possible after the canvass of a special primary, or the
16date that the primary would be held, if required, transmit to the state treasurer a
17certified list of all eligible candidates for state office who have filed applications
18under s. 11.50 (2) and whom the board determines to be eligible to receive a grant
19under s. 11.50 (1) (a) 2. after the special election. The list shall contain each
20candidate's name the mailing address indicated on the candidate's registration
21statement, the office the candidate seeks, and the party or principle the candidate
22represents, if any.
AB298,12 23Section 12. 7.70 (3) (e) of the statutes is renumbered 7.70 (3) (e) (intro.) and
24amended to read:
AB298,8,3
17.70 (3) (e) (intro.) The chairperson of the board or the chairperson's designee
2shall make a special statement to the board as soon as possible after the canvass of
3the general election
certifying:
AB298,8,5 42. After the general election, the name of each political party which receives at
5least one percent of the vote cast in such election for any statewide office.
AB298,13 6Section 13. 7.70 (3) (e) 1. of the statutes is created to read:
AB298,8,127 7.70 (3) (e) 1. After each partisan primary, the name of each candidate not
8defeated in the primary who receives at least 6 percent of the total vote cast for all
9candidates on all ballots at the primary for each separate state office except district
10attorney, and the percentage of the total vote received by that candidate. In the case
11of legislative candidates, the percentage shall be calculated within each legislative
12district.
AB298,14 13Section 14. 8.15 (7) of the statutes is amended to read:
AB298,8,2014 8.15 (7) A candidate may not run in more than one party primary at the same
15time. No filing official may accept nomination papers for the same person in the same
16election for more than one party. An independent candidate at a partisan primary
17or other election may not file nomination papers as the candidate of a recognized
18political party for the same office at the same election.
A person who files nomination
19papers as the candidate of a recognized political party may not file nomination
20papers as an independent candidate for the same office at the same election.
AB298,15 21Section 15. 8.16 (1) of the statutes is amended to read:
AB298,9,322 8.16 (1) Except as provided in sub. (2), the person who receives the greatest
23number of votes for an office on a party ballot at any partisan primary, regardless of
24whether the person's name appears on the ballot, shall be the party's candidate for
25the office, and the person's name shall so appear on the official ballot at the next

1election. All independent candidates shall appear on the general election ballot
2regardless of the number of votes received by such candidates at the partisan
3primary.
AB298,16 4Section 16. 8.16 (5) of the statutes is created to read:
AB298,9,105 8.16 (5) A candidate for a partisan state office except district attorney may also
6qualify to receive a grant under s. 11.50 if the candidate meets the requirements
7specified in s. 11.50; however, a candidate who qualifies under this section to have
8his or her name appear on the official ballot at the general election shall appear on
9that ballot regardless of whether the candidate qualifies to receive a grant under s.
1011.50.
AB298,17 11Section 17. 8.20 (8) (a) of the statutes is amended to read:
AB298,9,2412 8.20 (8) (a) Nomination papers for independent candidates for any office to be
13voted upon at a general election or partisan primary and general election, except
14president, vice president and presidential elector, may be circulated no sooner than
15April 15 preceding the election and may be filed no later than 5 p.m. on the June 1
16preceding the partisan primary, except as authorized in this paragraph. If an
17incumbent fails to file nomination papers and a declaration of candidacy by 5 p.m.
18on June 1 preceding the partisan primary, all candidates for the office held by the
19incumbent, other than the incumbent, may file nomination papers no later than 72
20hours after the latest time prescribed in this paragraph. No extension of the time
21for filing nomination papers applies if the incumbent files written notification with
22the filing officer or agency with whom nomination papers are filed for the office which
23the incumbent holds, no later than 5 p.m. on the 2nd Friday preceding the latest time
24prescribed in this paragraph for filing nomination papers, that the incumbent is not

1a candidate for reelection to his or her office, and the incumbent does not file
2nomination papers for that office within the time prescribed in this paragraph.
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