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.
AB298,18 3Section 18. 8.20 (9) of the statutes is amended to read:
AB298,10,134 8.20 (9) Persons nominated by nomination papers without a recognized
5political party designation shall be placed on the official ballot at the general election
6and at any partisan election to the right or below the recognized political party
7candidates in their own column or row designated "Independent". At the partisan
8primary, the names of persons nominated for state office by nomination papers
9without a recognized political party designation shall be placed on a separate ballot
10or, if a consolidated paper ballot under s. 5.655 (2), an electronic voting system, or
11voting machines are used, in a column or row designated as "Independent".
If the
12candidate's name already appears under a recognized political party it may not be
13listed on the independent ballot, column or row.
AB298,19 14Section 19. 8.35 (4) (b) of the statutes is created to read:
AB298,10,2315 8.35 (4) (b) Notwithstanding par. (a), any unspent and unencumbered moneys
16received by a candidate from the Wisconsin election campaign fund shall be
17immediately transferred to any candidate who is appointed to replace that
18candidate, upon filing of proper application by the replacement candidate under s.
1911.50 (2). If there is no candidate appointed or if no proper application is filed within
207 days of the date on which the vacancy occurs, the moneys shall revert to the state
21as provided in s. 11.50 (8). For purposes of qualification, contributions received and
22disbursements made by the former candidate are considered to have been received
23or made by the replacement candidate.
AB298,20 24Section 20. 8.35 (4) (c) of the statutes is amended to read:
AB298,11,8
18.35 (4) (c) The transfer shall be reported to the appropriate filing officer in a
2special report submitted by the former candidate's campaign treasurer. If the former
3candidate is deceased and was serving as his or her own campaign treasurer, the
4former candidate's petitioner or personal representative shall file the report and
5make the transfer required by par. (b), if any
. The report shall include a complete
6statement of all contributions, disbursements and incurred obligations pursuant to
7s. 11.06 (1) covering the period from the day after the last date covered on the former
8candidate's most recent report to the date of disposition.
AB298,21 9Section 21. 8.50 (3) (b) of the statutes is amended to read:
AB298,11,2210 8.50 (3) (b) Except as otherwise provided in this section, the provisions for the
11partisan primary under s. 8.15 are applicable to all partisan primaries held under
12this section, and the provisions for spring primaries under s. 8.10 are applicable to
13all nonpartisan primaries held under this section. In a special partisan primary or
14election, the order of the parties on the ballot shall be the same as provided under
15s. 5.62 (1) or 5.64 (1) (b). The names of independent candidates for state office at a
16special partisan election shall not appear on the primary ballot.
No primary is
17required for a nonpartisan election in which not more than 2 candidates for an office
18appear on the ballot or for a partisan election in which not more than one candidate
19for an office appears on the ballot of each recognized political party. In every special
20election except a special election for nonpartisan state office where no candidate is
21certified to appear on the ballot, a space for write-in votes shall be provided on the
22ballot, regardless of whether a special primary is held.
AB298,22 23Section 22. 10.02 (3) (b) 2. of the statutes is amended to read:
AB298,12,224 10.02 (3) (b) 2. At a special partisan primary, the elector shall select the party
25ballot of his or her choice and shall make a cross () next to or depress the lever or

1button next to the candidate's name for each office for whom the elector intends to
2vote, or shall insert or write in the name of the elector's choice for a candidate.
AB298,23 3Section 23. 10.02 (3) (b) 2m. of the statutes is created to read:
AB298,12,124 10.02 (3) (b) 2m. At the partisan primary, the elector shall select the party
5ballot of his or her choice or the ballot containing the names of the independent
6candidates for state office and make a cross () or depress the lever or button next
7to the selected candidate's name for each office for whom the elector intends to vote
8or shall insert or write in the name of the elector's choice for a party candidate, if any.
9In order to qualify for participation in the Wisconsin election campaign fund, a
10candidate for state office at the partisan primary, other than a candidate for district
11attorney, must receive at least 6 percent of all votes cast on all ballots for the office
12that the candidate seeks, in addition to other requirements.
AB298,24 13Section 24. 10.06 (1) (e) of the statutes is amended to read:
AB298,12,2114 10.06 (1) (e) As soon as possible following the state canvass of the spring
15primary vote, but no later than the first Tuesday in March, the board shall send a
16type B notice certifying to each county clerk the list of candidates for the spring
17election. When no state spring primary is held, this notice shall be sent under par.
18(c). The board shall also in any case send a certified list of candidates under s. 11.50
19to the state treasurer pursuant to s. 7.08 (2) (c).
When there is a referendum, the
20board shall send type A and C notices certifying each question to the county clerks
21as soon as possible, but no later than the first Tuesday in March.
AB298,25 22Section 25. 10.06 (1) (i) of the statutes is amended to read:
AB298,13,223 10.06 (1) (i) As soon as possible after the state canvass, but no later than the
244th Tuesday in August, the board shall send a type B notice certifying the list of
25candidates and, type A and C notices certifying each question for any referendum to

1each county clerk for the general election, and a certified list of candidates under s.
211.50 to the state treasurer pursuant to s. 7.08 (2) (c)
.
AB298,26 3Section 26. 11.06 (1) (jm) of the statutes is amended to read:
AB298,13,124 11.06 (1) (jm) A copy of any separate schedule prepared or received pursuant
5to an escrow agreement under s. 11.16 (5). A candidate or personal campaign
6committee receiving contributions under such an agreement and attaching a
7separate schedule under this paragraph may indicate the percentage of the total
8contributions received, disbursements made and exclusions claimed under s. 11.31
9(6)
without itemization, except that amounts received from any contributor pursuant
10to the agreement who makes any separate contribution to the candidate or personal
11campaign committee during the calendar year of receipt as indicated in the schedule
12shall be aggregated and itemized if required under par. (a) or (b).
AB298,27 13Section 27. 11.16 (5) of the statutes is amended to read:
AB298,14,314 11.16 (5) Escrow agreements. Any personal campaign committee, political
15party committee or legislative campaign committee may, pursuant to a written
16escrow agreement with more than one candidate, solicit contributions for and
17conduct a joint fund raising effort or program on behalf of more than one named
18candidate. The agreement shall specify the percentage of the proceeds to be
19distributed to each candidate by the committee conducting the effort or program.
20The committee shall include this information in all solicitations for the effort or
21program. All contributions received and disbursements made by the committee in
22connection with the effort or program shall be received and disbursed through a
23separate depository account under s. 11.14 (1) that is identified in the agreement.
24For purposes of s. 11.06 (1), the committee conducting the effort or program shall
25prepare a schedule in the form prescribed by the board supplying all required

1information under s. 11.06 (1) and items qualifying for exclusion under s. 11.31 (6)
2for the effort or program, and shall transmit a copy of the schedule to each candidate
3who receives any of the proceeds within the period prescribed in s. 11.06 (4) (c).
AB298,28 4Section 28. 11.21 (15) of the statutes is created to read:
AB298,14,95 11.21 (15) Inform each candidate who files an application to become eligible to
6receive a grant from the Wisconsin election campaign fund of the dollar amount of
7the applicable disbursement limitation under s. 11.31 that applies to the office the
8candidate seeks. Failure to receive the notice required by this subsection does not
9constitute a defense to a violation of s. 11.27 (1) or 11.31.
AB298,29 10Section 29. 11.26 (9) (c) of the statutes is created to read:
AB298,14,1211 11.26 (9) (c) For purposes of pars. (a) and (b), a "committee" includes the
12Wisconsin election campaign fund.
AB298,30 13Section 30. 11.26 (10) of the statutes is created to read:
AB298,15,414 11.26 (10) No candidate who files a sworn statement and application to receive
15a grant from the Wisconsin election campaign fund may make contributions of more
16than 200 percent of the amounts specified in sub. (1) to the candidate's own campaign
17from the candidate's personal funds or property or the personal funds or property of
18the candidate that are owned jointly or as marital property with the candidate's
19spouse, unless the board determines that the candidate is not eligible to receive a
20grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50
21(2) (i) applies. For purposes of this subsection, any contribution received by a
22candidate or his or her personal campaign committee from a committee that is
23registered with the federal election commission as the authorized committee of the
24candidate under 2 USC 432 (e) shall be treated as a contribution made by the
25candidate to his or her own campaign. The contribution limit of sub. (4) applies to

1amounts contributed by such a candidate personally to the candidate's own
2campaign and to other campaigns, except that a candidate may exceed the limitation
3if authorized under this subsection to make contributions exceeding the amount
4specified to the candidate's own campaign, up to the authorized excess amount.
AB298,31 5Section 31. 11.26 (13) of the statutes is created to read:
AB298,15,76 11.26 (13) Except as provided in sub. (9), grants received from the Wisconsin
7election campaign fund are not subject to limitation by this section.
AB298,32 8Section 32. 11.26 (17) (a) of the statutes is amended to read:
AB298,15,119 11.26 (17) (a) For purposes of application of the limitations imposed in subs.
10(1), (2), and (9), and (10), the "campaign" of a candidate begins and ends at the times
11specified in this subsection.
AB298,33 12Section 33. 11.31 (title) of the statutes is amended to read:
AB298,15,13 1311.31 (title) Disbursement levels and limitations; calculation.
AB298,34 14Section 34. 11.31 (1) (intro.) of the statutes is amended to read:
AB298,15,1815 11.31 (1) Schedule. (intro.) The following levels of disbursements are
16established with reference to the candidates listed below. The Except as provided in
17sub. (2), the
levels do not operate to restrict the total amount of disbursements which
18are made or authorized to be made by any candidate in any primary or other election.
AB298,35 19Section 35. 11.31 (2) of the statutes is created to read:
AB298,16,720 11.31 (2) Limitation imposed. No candidate for state office at a spring or general
21election who files a sworn statement and application to receive a grant from the
22Wisconsin election campaign fund may make or authorize total disbursements from
23his or her campaign depository account to the extent of more than the amount
24prescribed in sub. (1), unless the board determines that the candidate is not eligible
25to receive a grant, the candidate withdraws his or her application under s. 11.50 (2)

1(h), or s. 11.50 (2) (i) applies. No candidate for state office at a special election who
2files a sworn statement and application to receive a grant from the Wisconsin election
3campaign fund may make or authorize total disbursements from his or her campaign
4depository account in any campaign to the extent of more than the amount prescribed
5in sub. (1) for the preceding spring or general election for the same office, unless the
6board determines that the candidate is not eligible to receive a grant, the candidate
7withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) applies.
AB298,36 8Section 36. 11.31 (2m) of the statutes is created to read:
AB298,16,169 11.31 (2m) Voluntary limitation. Any candidate to whom sub. (2) and s. 11.26
10(10) do not apply may file an affidavit with his or her filing officer affirming that he
11or she has adhered to, and will adhere to, the limitations imposed under sub. (2) and
12s. 11.26 during his or her entire campaign. The limitations then apply to that
13candidate unless the candidate withdraws the affidavit by notifying his or her filing
14officer in writing no later than the 7th day after the primary in which the person
15filing the affidavit is a candidate, or the 7th day after the date that the primary would
16be held, if no primary is required.
AB298,37 17Section 37. 11.31 (3) of the statutes is created to read:
AB298,16,2318 11.31 (3) Gubernatorial campaigns. For purposes of compliance with the
19limitations imposed under sub. (2), candidates for governor and lieutenant governor
20of the same political party who both accept grants from the Wisconsin election
21campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b)
22and reallocate the total level between them. The candidates shall each inform the
23board of any such agreement.
AB298,38 24Section 38. 11.31 (3m) of the statutes is created to read:
AB298,17,12
111.31 (3m) Unopposed candidates; exception. Notwithstanding subs. (1) and
2(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 have their names appear
4on the partisan primary ballot of all parties recognized under s. 5.62 (1) (b) or (2) have
5no opponent whose name is certified to appear on the same primary ballot, or if no
6primary is required for all candidates of parties recognized under s. 5.62 (1) (b) or (2)
7for state senator or representative to the assembly in a legislative district who are
8certified under s. 8.50 (1) (d) to have their names appear on a special partisan election
9ballot, then the separate limitations imposed under sub. (1) for disbursements
10during the primary and election periods do not apply to candidates for that office in
11that election, and the candidates are bound only by the total limitations specified for
12the primary and election combined.
AB298,39 13Section 39. 11.31 (4) of the statutes is created to read:
AB298,17,2214 11.31 (4) Allocation. Except as provided in sub. (3m), whenever a separate
15disbursement level is specified for a primary and election under sub. (1), a candidate
16who disburses less than the authorized level in the primary may not reallocate the
17balance to increase the authorized level in the election. Whenever a separate
18disbursement level is not specified for a primary and election under sub. (1), a
19candidate may allocate disbursements between the primary and election campaign
20within the total level of disbursements specified in sub. (1) in any proportion desired,
21and may carry over unexpended contributions from a primary campaign to an
22election campaign.
AB298,40 23Section 40. 11.31 (6) of the statutes is created to read:
AB298,17,2524 11.31 (6) Exclusions. In computing the limitations under this section, a
25candidate may exclude any of the following:
AB298,18,1
11. Contributions returned to the contributor.
AB298,18,22 2. Loan repayments made.
AB298,18,43 3. Inaugural expenses paid from a campaign depository account under s. 11.25
4(2) (b).
AB298,18,55 4. Expenses incurred as a result of a recount.
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