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.

AB298,15,119 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.

AB298,15,13 1311.31 (title) Disbursement levels and limitations; calculation.

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.

AB298,16,720 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)

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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.

AB298,16,169 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.

AB298,16,2318 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.

AB298,17,12

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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.

AB298,17,2214 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.

AB298,17,2524 11.31 (6) Exclusions. In computing the limitations under this section, a
25candidate may exclude any of the following:

AB298,18,1

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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.

AB298,18,66 5. All federal, state, and local taxes paid.

AB298,18,77 6. Any reimbursement paid to a candidate for the candidate's travel expenses.

AB298,18,108 7. The gross receipts from the sale at an auction of any materials contributed
9to a candidate and reported by the candidate as a disbursement at the time the
10contribution is made.

AB298,18,1111 8. All refunds or deposits paid.

AB298,18,1312 9. The cost of services and materials purchased from a service provider for the
13purpose of compliance with the electronic filing requirement under s. 11.21 (16).

AB298,18,1714 10. The cost of facilities rental, entertainment expense, food and beverages,
15including the preparation and service thereof that is contracted to an outside
16provider, if utilized for a meal, sale, rally, or similar fund raising event or program
17that is intended for political purposes.

AB298,18,2119 11.31 (7) (b) Disbursements which are made before a campaign period for goods
20to be delivered or services to be rendered in connection with the campaign are
21allocated to charged against the disbursement level limitation for that campaign.

AB298,18,2422 (c) Disbursements which are made after a campaign to retire a debt incurred
23in relation to a campaign are allocated to charged against the disbursement level
24limitation for that campaign.

AB298,19,3

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1(d) Disbursements which are made outside a campaign period and to which par.
2(b) or (c) does not apply are not subject to any disbursement level limitation. Such
3disbursements are subject to s. 11.25 (2).

AB298,19,95 11.31 (8) Certain contributions excluded. The levels specified in limitations
6imposed under this section do not apply to a gift of anything of value constituting a
7contribution made directly to a registrant by another, but the levels limitations do
8apply to such a gift when it is received and accepted by the recipient or if received
9in the form of money, when disbursed.

AB298,19,1411 11.31 (10) Surplus materials excluded. Disbursements constituting surplus
12materials acquired in connection with a previous campaign of a candidate are not
13subject to limitation by this section if the materials were previously reported as a
14disbursement by that candidate for the previous campaign.

AB298,19,17 1611.50 Wisconsin election campaign fund. (1) Definitions. For purposes
17of this section:

AB298,19,1818 (a) "Eligible candidate" means:

AB298,20,219 1. With respect to a spring or general election, any individual who is certified
20under s. 7.08 (2) (a) as a candidate in the spring election for justice or state
21superintendent, or an individual who receives at least 6 percent of the vote cast for
22all candidates on all ballots for any state office, except district attorney, for which the
23individual is a candidate at the partisan primary and who is certified under s. 7.08
24(2) (a) as a candidate for that office in the general election, or an individual who has

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1been lawfully appointed and certified to replace either such individual on the ballot
2at the spring or general election; and who has qualified for a grant under sub. (2).

AB298,20,223 2. With respect to a special election, an individual who is certified under s. 8.50
4(1) (d) as a candidate in a special election for state superintendent, or an individual
5who is certified under s. 8.50 (1) (d) as a candidate in a special election for any state
6office, except district attorney, on the ballot or column of a party whose candidate for
7the same office at the preceding general election received at least 6 percent of the vote
8cast for all candidates on all ballots for the office, or an individual who has been
9lawfully appointed and certified to replace either such individual on the ballot at a
10special election, or an individual who receives at least 6 percent of the vote cast for
11all candidates on all ballots for any state office, except district attorney, at a partisan
12special election; and who qualifies for a grant under sub. (2). Where the boundaries
13of a district in which an individual seeks office have been changed since the preceding
14general election such that it is not possible to calculate the exact number of votes that
15are needed by that individual to qualify as an eligible candidate prior to an election
16under this subdivision, the number of votes cast for all candidates for the office at the
17preceding general election in each ward, combination of wards or municipality which
18is wholly contained within the boundaries of the newly formed district shall be
19calculated. If the candidate of the political party on whose ballot or column the
20individual appears in the newly formed district obtained at least 6 percent of the
21number of votes calculated, the individual is as an eligible candidate prior to the
22election under this subdivision.

AB298,20,2323 (b) "Fund" means the Wisconsin election campaign fund.

AB298,20,2424 (c) "Grant" means a contribution received from the fund.

AB298,21,10

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1(d) "Printing services" means printing, imprinting, lithographing,
2photolithographing, rotogravure, gravure, letterpress, mimeographing, stenciling,
3photostating, multilithing, multigraphing, steel die engraving, silkscreening, or by
4any other means reproducing or manufacturing political advertisements or
5campaign devices of any kind, including campaign literature, billboard advertising,
6special clothing, buttons, pens, stickers, banners and streamers, in support of or in
7opposition to any candidate, political party, or referendum, whether or not a charge
8is assessed for the materials or services, except materials or services provided by a
9candidate or individual, committee, or group subject to a filing requirement under
10this chapter.

AB298,22,2 11(2) Participation; application. (a) Any individual who desires to qualify as an
12eligible candidate may file an application with the board requesting approval to
13receive a grant from the fund. Except as provided in par. (e), the application shall be
14filed no later than the applicable deadline for filing nomination papers under s. 8.10
15(2) (a), 8.15 (1), 8.20 (8) (a), or 8.50 (3) (a), no later than 4:30 p.m. on the 7th day after
16the primary or date on which the primary would be held if required in the case of
17write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in
18the case of candidates appointed to fill vacancies. The application shall contain a
19sworn statement that the candidate and his or her authorized agents have complied
20with the contribution limitations prescribed in s. 11.26 and the disbursement
21limitations prescribed under s. 11.31 at all times to which those limitations have
22applied to his or her candidacy and will continue to comply with the limitations at
23all times to which the limitations apply to his or her candidacy for the office in
24contest, unless the board determines that the candidate is not eligible to receive a

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1grant, the candidate withdraws his or her application under par. (h), or par. (i)
2applies.

AB298,22,43 (b) The board shall approve the application of an eligible candidate for
4participation if all of the following apply:

AB298,22,55 1. The application is timely.

AB298,22,76 2. The candidate is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear upon
7the spring, general, or special election ballot.

AB298,22,98 3. The candidate has an opponent who is certified for placement on the election
9ballot as a candidate for the same office.

AB298,22,1310 4. The financial reports filed by or on behalf of the candidate as of the date of
11the spring or partisan primary, or the date that the special primary is or would be
12held, if required, indicate that his or her statement filed with the application under
13par. (a) is true.

AB298,23,914 5. The financial reports filed by or on behalf of the candidate as of the date of
15the spring or partisan primary, or the date that the special primary is or would be
16held, if required, indicate that the candidate has received at least the amount
17provided in this subdivision, from contributions of money, other than loans, made by
18individuals, which have been received during the period ending on the date of the
19spring primary and beginning on July 1 preceding that date in the case of candidates
20at the spring election, or ending on the date of the partisan primary and beginning
21on January 1 preceding that date in the case of candidates at the general election,
22or ending on the date that a special primary will or would be held, if required, and
23beginning 90 days preceding such date or on the date a special election is ordered,
24whichever is earlier, in the case of special election candidates, which contributions
25are in the aggregate amount of $100 or less, and which are fully identified and

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1itemized as to the exact source thereof. A contribution received from a conduit which
2is identified by the conduit as originating from an individual shall be considered a
3contribution made by the individual. Only the first $100 of an aggregate contribution
4of more than $100 may be counted toward the required percentage. For a candidate
5at the spring or general election for an office identified in s. 11.26 (1) (a) or a candidate
6at a special election, the required amount to qualify for a grant is 5 percent of the
7candidate's authorized disbursement limitation under s. 11.31. For any other
8candidate at the general election, the required amount to qualify for a grant is 10
9percent of the candidate's authorized disbursement limitation under s. 11.31.

AB298,23,2210 (c) If a candidate has not filed financial reports as of the date of the spring
11primary, partisan primary, special primary, or date that the special primary would
12be held, if required, which indicate that he or she has met the qualification under par.
13(b) 5., the candidate may file a special report with the board. The report shall be filed
14not later than the 7th day after the primary, or 7th day after the date the primary
15would be held, if required, and shall include such supplementary information as to
16sources of contributions which may be necessary to complete the candidate's
17qualification. The special report shall cover the period from the day after the last date
18covered on the candidate's most recent report, or from the date on which the first
19contribution was received or the first disbursement was made, whichever is earlier,
20if the candidate has not previously filed a report, to the date of the report. All
21information included on the special report shall also be included in the candidate's
22next report under s. 11.20.

AB298,24,223 (d) For purposes of qualification under par. (b) 4. and 5., the financial reports
24of a former candidate are considered to be the same as if filed by the candidate who

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1is lawfully appointed to replace that candidate whenever a vacancy after nomination
2occurs.

AB298,24,63 (e) Whenever a candidate who files nomination papers is unopposed on the
4deadline for filing the papers but is later opposed by a write-in candidate who
5qualifies for ballot placement, the application deadline under par. (a) is the same for
6the candidate who files nomination papers as for his or her opponent.

AB298,24,137 (f) The board shall inform each candidate in writing of the approval or
8disapproval of the candidate's application, as promptly as possible after the date of
9the spring primary, partisan primary, special primary, or date that the primary
10would be held, if required. With respect to a candidate at a special election who
11applies for a postelection grant under sub. (1) (a) 2., the board shall inform the
12candidate in writing of the conditional approval or disapproval of the candidate's
13application at the same time.

AB298,24,2014 (g) A candidate who voluntarily files an application to receive a grant in
15accordance with this subsection accepts and agrees to comply with the contribution
16limitations prescribed in s. 11.26 and the disbursement limitations imposed under
17s. 11.31 as binding upon himself or herself and his or her agents during the campaign
18as defined in s. 11.31 (7), as a precondition to receipt of a grant under this section,
19unless the board determines that the candidate is not eligible to receive a grant, the
20candidate withdraws the application under par. (h), or par. (i) applies.

AB298,25,221 (h) An eligible candidate who files an application under par. (a) may file a
22written withdrawal of the application. A withdrawal of an application may be filed
23with the board no later than the 7th day after the day of the primary in which the
24person withdrawing the application is a candidate or the 7th day after the date that
25the primary would be held, if required. If an application is withdrawn in accordance

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1with this paragraph, the person withdrawing the application is no longer bound by
2the statement filed under par. (a) after the date of the withdrawal.

AB298,25,143 (i) Notwithstanding par. (g), if an eligible candidate at the spring election or a
4special nonpartisan election who accepts a grant is opposed by one or more
5candidates in the election, or if an eligible candidate at the general election or a
6special partisan election who accepts a grant is opposed by one or more candidates
7in the election who receive at least 6 percent of the vote cast for all candidates for the
8same office on all ballots at the partisan primary or a special primary if a primary
9was held, and in either case if any such opponent of the eligible candidate does not
10accept a grant under this section in whole or in part, the eligible candidate is not
11bound by the pledge made in his or her application to adhere to the contribution
12limitations prescribed in s. 11.26 and the disbursement limitation prescribed under
13s. 11.31, unless each such opponent files an affidavit of voluntary compliance under
14s. 11.31 (2m).

AB298,25,16 15(3) Nonpartisan candidates. (a) Annually on August 15, all moneys
16appropriated to the fund shall be apportioned as follows by the state treasurer:

AB298,25,2017 1. If an election for state superintendent is scheduled in the following year, 8
18percent of the fund shall be placed in a superintendency account. From this account,
19an equal amount shall be disbursed to the campaign depository account of each
20eligible candidate by the state treasurer.

AB298,25,2321 2. If an election for justice is scheduled in the following year, 8 percent of the
22fund shall be placed in a justice account. From this account, an equal amount shall
23be disbursed to each eligible candidate by the state treasurer.

AB298,25,2424 3. The balance shall be apportioned under sub. (4).

AB298,26,7

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1(b) If a vacancy occurs in the office of state superintendent after August 15 in
2any year and an election is scheduled to fill the vacancy at the spring election in the
3following year, the state treasurer shall transfer an amount not exceeding 8 percent
4of the moneys transferred to the fund on the preceding August 15 to the account for
5the office in which the vacancy occurs, those moneys to be drawn from any account
6within the accounts created under sub. (4) in the amount or amounts specified by the
7board.

AB298,26,9 8(4) Partisan and special election candidates. (a) After apportionment under
9sub. (3), the remaining moneys shall constitute the partisan campaign account.

AB298,26,1210 (b) In the partisan campaign account, 25 percent of the moneys shall be
11apportioned into an executive campaign account and 75 percent of the moneys shall
12be apportioned into a legislative and special election campaign account.

AB298,26,1513 (c) The executive campaign account shall be divided into accounts for each
14executive office as provided in this paragraph. The apportionment of moneys in the
15executive campaign account shall be made as follows:

AB298,26,1716 1. Sixty-seven percent to be apportioned between all eligible candidates for
17governor.

AB298,26,1918 2. Eight percent to be apportioned between all eligible candidates for
19lieutenant governor.

AB298,26,2120 3. Seventeen percent to be apportioned between all eligible candidates for
21attorney general.

AB298,26,2322 4. Four percent to be apportioned between all eligible candidates for state
23treasurer.

AB298,26,2524 5. Four percent to be apportioned between all eligible candidates for secretary
25of state.

AB298,27,5

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1(d) The legislative and special election campaign account shall be divided into
2a senate campaign account to receive 25 percent of the moneys and an assembly
3campaign account to receive 75 percent of the moneys. Each account shall then be
4apportioned between all eligible candidates for the same office in the entire state. No
5apportionment shall be made by legislative district.

AB298,27,146 (e) Each eligible candidate for the same office at a special election shall receive
7an amount equal to the maximum grant that was payable to any candidate for that
8office at the most recent spring or general election. The amount shall be drawn from
9the senate campaign account and the assembly campaign account in the same
10proportions as the balance in each account bears to the total balance in both accounts
11at the time that payments are made. Whenever there are insufficient moneys in the
12senate campaign account and the assembly campaign account to make the payments
13required by this paragraph, payments shall be proportionately reduced or
14discontinued by the board.

AB298,27,1715 (f) Within the accounts established under this subsection for each office at each
16general election, the entire amount of all available moneys shall be apportioned
17equally to all eligible candidates.

AB298,27,21 18(5) Time of disbursement. The state treasurer shall make the disbursements
19to the campaign depository account of each eligible candidate under subs. (3) and (4)
20by the end of the 3rd business day following notice from the board under s. 7.08 (2)
21(c) or (cm).

AB298,27,23 22(5m) Combination of accounts. Eligible candidates for governor and
23lieutenant governor of the same political party may combine accounts if desired.

AB298,28,2 24(6) Excess moneys. If the amounts which are to be apportioned to each eligible
25candidate under subs. (3) and (4) are more than the amount which a candidate may

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1accept under sub. (9), or more than the amount which a candidate elects to accept
2under sub. (10), the excess moneys shall be retained in the fund.

AB298,28,5 3(7) Utilization. Grants distributed under this section may be utilized only for
4deposit in a campaign depository account under s. 11.10. Grants may be expended
5only for one or more of the following:

AB298,28,66 (a) Purchase of services from a communications medium.

AB298,28,77 (b) Printing, graphic arts, or advertising services.

AB298,28,88 (c) Office supplies.

AB298,28,99 (d) Postage.

AB298,28,17 10(8) Lapsing grants. All grants disbursed under sub. (5) remain the property
11of the state until disbursed or encumbered for a lawful purpose. All grant moneys
12that are unspent and unencumbered by a candidate on the day after the election in
13which the candidate participates shall revert to the state. All deposits and refunds
14derived from grant moneys that are received by a candidate at any time after the day
15of the election in which the candidate participates shall revert to the state. All
16reversions shall be returned to the board by the candidate. The board shall deposit
17the amounts received in the fund.

AB298,29,2 18(9) Limitation on grants. The total grant available to an eligible candidate may
19not exceed the amount that, when added to all other contributions accepted from
20sources other than individuals, political party committees and legislative campaign
21committees, is equal to 45 percent of the disbursement level specified for the
22applicable office under s. 11.31. The board shall scrutinize accounts and reports and
23records kept under this chapter to assure that applicable limitations under ss. 11.26
24(9) and 11.31 are not exceeded and any violation is reported. No candidate or

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1campaign treasurer may accept grants exceeding the amount authorized by this
2subsection.

AB298,29,5 3(10) Voluntary limitation. Any eligible candidate may by written request
4limit his or her participation in the fund to a lesser amount than that authorized
5under sub. (9).

AB298,29,12 6(10m) Return of grants. An individual who receives a grant prior to an
7election in which he or she is a candidate and who desires to return any portion of
8the grant shall return that portion no later than the 2nd Tuesday in October
9preceding a general election, the 4th Tuesday preceding a spring election or the 3rd
10Tuesday preceding a special election. A candidate who returns all or any portion of
11a grant under this subsection remains bound by the candidate's statement filed
12under sub. (2) (a).

AB298,29,13 13(11) Use restricted. (a) No grant may be utilized in any primary.

AB298,29,1614 (b) No person may expend, authorize the expenditure of, or incur any obligation
15to expend a grant for any purpose other than to advance the candidacy by lawful
16means of the specific candidate or candidates who qualify for the grant.