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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 760
December 6, 2023 - Introduced by Representatives NOVAK, MELOTIK, CONLEY,
GUNDRUM, MURSAU, ORTIZ-VELEZ, PENTERMAN and WICHGERS, cosponsored by
Senators KNODL and JAMES. Referred to Committee on Campaigns and
Elections.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 11.0202 (2) (d), 11.0505 (3), 11.0605 (3) and
11.1001 (3); to amend 11.0102 (2) (a), 11.0102 (2) (b), 11.0505 (1) (a) 1., 11.0505
(1) (a) 2. (intro.), 11.0505 (1) (a) 3., 11.0505 (1) (b) 1., 11.0505 (1) (b) 2., 11.0505
(1) (b) 3., 11.0505 (1) (b) 4., 11.0605 (1) (a) 1., 11.0605 (1) (a) 2. (intro.), 11.0605
(1) (a) 3., 11.0605 (1) (b) 1., 11.0605 (1) (b) 2., 11.0605 (1) (b) 3., 11.0605 (1) (b)
4., 11.1001 (1) (a) 1., 11.1001 (1) (a) 2. (intro.), 11.1001 (1) (a) 3., 11.1001 (1) (b)
1., 11.1001 (1) (b) 2., 11.1001 (1) (b) 3. and 11.1001 (1) (b) 4.; to repeal and
recreate 11.1114; and to create 11.0102 (2) (e), 11.0202 (2) (d) 2., 11.0202 (2)
(d) 3., 11.0202 (2) (d) 4., 11.0203 (1) (bd), 11.0303 (1) (bd), 11.0403 (1) (bd),
11.0503 (1) (bd), 11.0505 (3) (a), 11.0505 (3) (b), 11.0505 (3) (c), 11.0603 (1) (bd),
11.0605 (3) (a), 11.0605 (3) (b), 11.0605 (3) (c), 11.0703 (1) (bd), 11.0706, 11.0803
(1) (bd), 11.0903 (1) (bd), 11.1001 (3) (a), 11.1001 (3) (b), 11.1001 (3) (c), 11.1305,
13.62 (12t), 19.55 (2) (e), 19.55 (3) (e) 5. and 6., 19.55 (5) and 19.851 (3) of the
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statutes; relating to: recommendations from the Ethics Commission
regarding campaign finance, lobbying, open records, and closed sessions.
Analysis by the Legislative Reference Bureau
This bill implements a number of recommendations from the Ethics
Commission (the commission) regarding the operations of the commission and the
laws that it administers.
CAMPAIGN FINANCE
Registration statement information
Under current law, a person who files a registration statement with the
commission, or with some other appropriate filing officer, to form a committee for
campaign finance purposes must include on the registration statement the name and
mailing address of the committee, the committee treasurer, and any other custodian
of committee books and accounts. This bill also requires that a person include on a
committee registration statement the email address and personal telephone number
of the committee treasurer and any other custodian of the committee books and
records. In addition, a candidate committee is required to provide the candidate's
email and personal telephone number. Under the bill, the personal telephone
numbers provided on the registration statements are confidential and not subject to
inspection and copying as a public record.
Second candidate committee
Current law allows, but does not require, an individual who holds a state or
local elective office and who seeks a different state or local elective office to form a
second candidate committee. Otherwise current law prohibits a candidate from
having more than one candidate committee at the same time. For individuals who
establish a second candidate committee, as provided under current law, the bill
specifies the methods for transferring funds between the two committees, how to
report those transfers, and how to dispose of funds remaining when one or both
committees terminate.
Conduit; residual funds
Under current law, a conduit must also register with the commission. A conduit
is an entity that receives a contribution from an individual, deposits that
contribution in an account held by the entity, and disburses that contribution to a
political committee at the direction of the individual who made the contribution. The
bill specifies what the conduit must do with funds remaining in its possession when
the conduit terminates. Under current law, the conduit must first make a good faith
effort to return remaining funds to the original contributors, their surviving spouses,
or the executors of their estates. Under the bill, if the terminating conduit is
unsuccessful in contacting the individuals who made the original contributions,
their surviving spouses, or the executors of their estates, the conduit may donate
those remaining funds to the common school fund or to a charitable organization.
However, the conduit may not donate remaining funds to a charitable organization
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that is affiliated with the conduit or a sponsoring organization. Current law defines
a sponsoring organization as an entity that establishes, administers, or financially
supports a political action committee or an independent expenditure committee.
Administrative suspension
Under current law, a committee that does not anticipate accepting or making
contributions, making disbursements, or incurring obligations in an aggregate
amount exceeding $2,500 in a calendar year may claim an exemption from filing
campaign finance reports by filing a registration statement or an amended
registration statement specifying the facts necessary to claim the exemption. The
committee must file a statement each year in which it wishes to claim the exemption
until such time as the committee files a termination report.
The bill allows a filing agent to terminate any committee that has been exempt
from filing campaign finance reports for more than three years. The bill also
authorizes the commission to suspend a committee that does not respond to notices
and communications sent by the commission.
Reporting of express advocacy
Under current law, a political action committee, independent expenditure
committee, or a person other than a committee that spends $2,500 or more on express
advocacy for a candidate at an election must report required information to the
commission. This information includes the dates on which disbursements were
made, the name and address of the persons who received the disbursements, the
purpose for making the disbursements, and the amount spent for each act of express
advocacy.
The bill clarifies that the reporting requirement applies to express advocacy
that will occur during the period beginning 60 days prior to the election and ending
on the day of the election. The bill provides that the required information also
includes the dates on which obligations were incurred, the name and address of the
obligees, the purpose for incurring the obligations, and the amount incurred for each
act of express advocacy.
Conduit filing fee
Under current law, each conduit that is required to register and report must
have and file with the commission required registration statements and reports. The
bill provides that each conduit must pay an annual filing fee of $100 to the
commission by January 15 of each year. The bill provides that this requirement does
not apply to a conduit in a year in which the conduit does not release contributions
totaling more than $2,500.
LOBBYING
Current law allows a lobbyist to make a personal contribution to a partisan
elective state official or a candidate for an elective state office between the first day
authorized by law for the circulation of nomination papers as a candidate at a general
election or special election and the day of the general election or special election. The
bill clarifies that the special election must be an election to fill a vacancy in a state
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OPEN RECORDS
Current law provides that certain records in the possession of the commission
are not open for public inspection. Those records include, with limited exceptions,
statements of economic interests filed by members of the investment board and the
social security numbers of individuals who apply for a lobbyist license. Under the
bill, with certain exceptions, records created in the course of conducting an audit to
identify a potential violation of the laws administered by the commission are not
open for public inspection. However, the bill allows public inspection of audit records
containing a finding that there is no reasonable suspicion or probable cause to believe
that a violation of the law occurred or that the commission took no action upon
finding such reasonable suspicion or probable cause. The bill also allows public
inspection of any audit record of the commission issuing a warning, authorizing the
filing of a civil complaint, or referring a matter to a district attorney or other
prosecutor for investigation or prosecution.
CLOSED SESSIONS
Current law allows a governmental body to meet in closed session for various
reasons, including deliberating on a case subject to a judicial hearing, consulting
with legal counsel regarding litigation, or considering personnel matters. In
addition, current law allows the commission to meet in closed session to consider
requests for confidential written advice and for deliberations concerning an
investigation of any violation of the law under its jurisdiction. Under the bill, the
commission may also meet in closed session to consider whether there is a reasonable
suspicion or probable cause to believe that a violation of the law occurred or is
occurring based on a complaint or an audit report.
For further information see the state and local 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:
SECTION 1. 11.0102 (2) (a) of the statutes is amended to read:
11.0102 (2) (a) Except as provided in pars. (c) and (d), each conduit or committee
that is required to register and file with the commission under sub. (1) (a) shall
annually pay a filing fee of $100 to the commission. The commission may accept
payment under this subsection by credit card, debit card, or other electronic payment
mechanism, and may charge a surcharge to that conduit or committee to recover the
actual costs associated with the acceptance of that electronic payment.
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SECTION 2. 11.0102 (2) (b) of the statutes is amended to read:
11.0102 (2) (b) A conduit or committee that is subject to par. (a) shall pay the
fee specified in par. (a) together with the report filed by that conduit or committee
on the 15th day of the month of January in each year. If a conduit or committee that
is subject to par. (a) registers under this chapter or changes status so that par. (a)
becomes applicable to the conduit or committee during a calendar year, the conduit
or committee shall pay the fee for that year with the filing of the conduit's or
committee's registration statement or at any time before the change in status
becomes effective.
SECTION 3. 11.0102 (2) (e) of the statutes is created to read:
11.0102 (2) (e) Paragraph (a) does not apply to a conduit for any year during
which the conduit does not release contributions totaling more than $2,500.
SECTION 4. 11.0202 (2) (d) of the statutes is renumbered 11.0202 (2) (d) 1. and
amended to read:
11.0202 (2) (d) 1. An individual who holds a state or local elective office and who
becomes a candidate for a different state or local elective office may establish a
second candidate committee under this subchapter for the purpose of pursuing a
that different state or local office.
SECTION 5. 11.0202 (2) (d) 2. of the statutes is created to read:
11.0202 (2) (d) 2. If the individual described under subd. 1. wins the election
for which the individual created the second candidate committee, and the individual
is not eligible to continue to hold the first office, the individual shall terminate the
first candidate committee as provided under s. 11.0105 no later than 180 days after
the date the individual is sworn into the office for which the second candidate
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committee was created. Residual funds of the first committee may be transferred as
provided in s. 11.1114 or used or disposed of in any manner allowed by law.
SECTION 6. 11.0202 (2) (d) 3. of the statutes is created to read:
11.0202 (2) (d) 3. If the individual described under subd. 1. wins the election
for which the individual created the second candidate committee, but the individual
is still eligible to hold the first office, the individual shall maintain a committee for
each office until such time as the individual resigns from, or a successor is sworn in
to, the office. If the individual subsequently resigns from either office, or a successor
is sworn into either office, the individual shall terminate the candidate committee
for which the individual no longer holds office as provided under s. 11.0105 no later
than 180 days after the date the individual resigns or a successor is sworn in.
Residual funds of the terminated committee may be transferred as provided in s.
11.1114 or used or disposed of in any manner allowed by law.
SECTION 7. 11.0202 (2) (d) 4. of the statutes is created to read:
11.0202 (2) (d) 4. If the individual described under subd. 1. loses the election
for which the individual created the second candidate committee, the individual
shall terminate the second candidate committee as provided in s. 11.0105 no later
than 180 days after the date the winner of that election takes office. Residual funds
of the second committee may be transferred as provided in s. 11.1114 or used or
disposed of in any manner allowed by law.
SECTION 8. 11.0203 (1) (bd) of the statutes is created to read:
11.0203 (1) (bd) The email address and personal telephone number of the
candidate, the candidate committee treasurer, and any other custodian of books and
accounts. Telephone numbers provided under this paragraph shall be kept
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confidential and are not subject to the right of inspection and copying under s. 19.35
(1).
SECTION 9. 11.0303 (1) (bd) of the statutes is created to read:
11.0303 (1) (bd) The email address and personal telephone number of the
treasurer and any other custodian of books and accounts. Telephone numbers
provided under this paragraph shall be kept confidential and are not subject to the
right of inspection and copying under s. 19.35 (1).
SECTION 10. 11.0403 (1) (bd) of the statutes is created to read:
11.0403 (1) (bd) The email address and personal telephone number of the
treasurer and any other custodian of books and accounts. Telephone numbers
provided under this paragraph shall be kept confidential and are not subject to the
right of inspection and copying under s. 19.35 (1).
SECTION 11. 11.0503 (1) (bd) of the statutes is created to read:
11.0503 (1) (bd) The email address and personal telephone number of the
treasurer and any other custodian of books and accounts. Telephone numbers
provided under this paragraph shall be kept confidential and are not subject to the
right of inspection and copying under s. 19.35 (1).
SECTION 12. 11.0505 (1) (a) 1. of the statutes is amended to read:
11.0505 (1) (a) 1. For express advocacy that will occur during the period
beginning 60 days prior to the spring primary and ending on the date of the spring
election, a political action committee spending $2,500 or more in the aggregate on
express advocacy for one or more candidates at the spring primary or spring election
shall submit statements to the commission under par. (b) for express advocacy.
SECTION 13. 11.0505 (1) (a) 2. (intro.) of the statutes is amended to read:
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11.0505 (1) (a) 2. (intro.) For express advocacy that will occur during the period
beginning 60 days prior to the partisan primary and ending on the date of the general
election, a political action committee spending $2,500 or more in the aggregate on
express advocacy for one or more candidates at the partisan primary or general
election shall submit statements to the commission under par. (b) for express
advocacy as follows:
SECTION 14. 11.0505 (1) (a) 3. of the statutes is amended to read:
11.0505 (1) (a) 3. For express advocacy that will occur during the period
beginning 60 days prior to a special primary and ending on the date of the special
election, a political action committee spending $2,500 or more in the aggregate on
express advocacy for one or more candidates at the special primary or special election
shall submit statements to the commission under par. (b) for express advocacy.
SECTION 15. 11.0505 (1) (b) 1. of the statutes is amended to read:
11.0505 (1) (b) 1. The dates on which the committee incurred the obligations
or made the disbursements.
SECTION 16. 11.0505 (1) (b) 2. of the statutes is amended to read:
11.0505 (1) (b) 2. The name and address of the obligees or persons who received
the disbursements.
SECTION 17. 11.0505 (1) (b) 3. of the statutes is amended to read:
11.0505 (1) (b) 3. The purpose for making the disbursements or incurring the
obligations.
SECTION 18. 11.0505 (1) (b) 4. of the statutes is amended to read:
11.0505 (1) (b) 4. The amount spent or incurred for each act of express advocacy.
SECTION 19. 11.0505 (3) of the statutes is renumbered 11.0505 (3) (intro.) and
amended to read:
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11.0505 (3) TIMING. (intro.) A political action committee that is required to
report under this section shall submit the report to the commission no later than 72
hours after making the disbursements. the earliest of the following:
SECTION 20. 11.0505 (3) (a) of the statutes is created to read:
11.0505 (3) (a) The date the obligation for express advocacy is incurred, if the
political action committee has the information required to be reported under sub. (1)
(b).
SECTION 21. 11.0505 (3) (b) of the statutes is created to read:
11.0505 (3) (b) The date the express advocacy is aired, broadcast, printed, or
otherwise disseminated to individuals other than any of the following:
1. The political action committee's administrator, treasurer, volunteer,
producer, consultant, media production partner, or focus group.
2. An officer or employee of the political action committee's sponsoring
organization.
SECTION 22. 11.0505 (3) (c) of the statutes is created to read:
11.0505 (3) (c) The date of the disbursement.
SECTION 23. 11.0603 (1) (bd) of the statutes is created to read:
11.0603 (1) (bd) The email address and personal telephone number of the
treasurer and any other custodian of books and accounts. Telephone numbers
provided under this paragraph shall be kept confidential and are not subject to the
right of inspection and copying under s. 19.35 (1).
SECTION 24. 11.0605 (1) (a) 1. of the statutes is amended to read:
11.0605 (1) (a) 1. For express advocacy that will occur during the period
beginning 60 days prior to the spring primary and ending on the date of the spring
election, an independent expenditure committee spending $2,500 or more in the
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aggregate on express advocacy for one or more candidates at the spring primary or
spring election shall submit statements to the commission under par. (b) for express
advocacy.
SECTION 25. 11.0605 (1) (a) 2. (intro.) of the statutes is amended to read:
11.0605 (1) (a) 2. (intro.) For express advocacy that will occur during the period
beginning 60 days prior to the partisan primary and ending on the date of the general
election, an independent expenditure committee spending $2,500 or more in the
aggregate on express advocacy for one or more candidates at the partisan primary
or general election shall submit statements to the commission under par. (b) for
express advocacy as follows:
SECTION 26. 11.0605 (1) (a) 3. of the statutes is amended to read:
11.0605 (1) (a) 3. For express advocacy that will occur during the period
beginning 60 days prior to a special primary and ending on the date of the special
election, an independent expenditure committee spending $2,500 or more in the
aggregate on express advocacy for one or more candidates at the special primary or
special election shall submit statements to the commission under par. (b) for express
advocacy.
SECTION 27. 11.0605 (1) (b) 1. of the statutes is amended to read:
11.0605 (1) (b) 1. The dates on which the committee incurred the obligations
or made the disbursements.
SECTION 28. 11.0605 (1) (b) 2. of the statutes is amended to read:
11.0605 (1) (b) 2. The name and address of the obligees or persons who received
the disbursements.
SECTION 29. 11.0605 (1) (b) 3. of the statutes is amended to read:
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11.0605 (1) (b) 3. The purpose for making the disbursements or incurring the
obligations.
SECTION 30. 11.0605 (1) (b) 4. of the statutes is amended to read:
11.0605 (1) (b) 4. The amount spent or incurred for each act of express advocacy.
SECTION 31. 11.0605 (3) of the statutes is renumbered 11.0605 (3) (intro.) and
amended to read:
11.0605 (3) TIMING. (intro.) An independent expenditure committee that is
required to report under this section shall submit the report to the commission no
later than 72 hours after making the disbursements. the earliest of the following:
SECTION 32. 11.0605 (3) (a) of the statutes is created to read:
11.0605 (3) (a) The date the obligation for express advocacy is incurred, if the
independent expenditure committee has the information required to be reported
under sub. (1) (b).
SECTION 33. 11.0605 (3) (b) of the statutes is created to read:
11.0605 (3) (b) The date the express advocacy is aired, broadcast, printed, or
otherwise disseminated to individuals other than any of the following:
1. The independent expenditure committee's administrator, treasurer,
volunteer, producer, consultant, media production partner, or focus group.
2. An officer or employee of the independent expenditure committee's
sponsoring organization.
SECTION 34. 11.0605 (3) (c) of the statutes is created to read:
11.0605 (3) (c) The date of the disbursement.
SECTION 35. 11.0703 (1) (bd) of the statutes is created to read:
11.0703 (1) (bd) The email address and personal telephone number of the
administrator of the conduit and any other custodian of books and accounts.
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Telephone numbers provided under this paragraph shall be kept confidential and are
not subject to the right of inspection and copying under s. 19.35 (1).
SECTION 36. 11.0706 of the statutes is created to read:
11.0706 Disposal of residual funds by a terminating conduit. (1) If a
conduit has decided to terminate pursuant to s. 11.0105 and the conduit has funds
remaining in its possession, the conduit shall attempt to redirect contributions as
provided in s. 11.0705. If the conduit is unsuccessful in contacting the individual, the
surviving spouse, or the executor of the estate, as provided in s. 11.0705 (2), the
conduit may dispose of its residual funds by donating the funds to the common school
fund or to a charitable organization, except that the conduit may not direct its
residual funds to a charitable organization owned or operated by the sponsoring
organization or affiliated with the conduit or its sponsoring organization.
(2) If a conduit that seeks to terminate is unable to identify the source of its
residual funds upon making a good faith effort to review its books and records, the
conduit may dispose of those funds by donating them to the common school fund or
to a charitable organization, except that the conduit may not direct those residual
funds to a charitable organization owned or operated by the sponsoring organization
or affiliated with the conduit or its sponsoring organization.
(3) For purposes of this section, a sponsoring organization or conduit is
affiliated with a charitable organization if any of the following apply:
(a) The sponsoring organization or conduit has the authority or ability to direct
or participate in the governance of the charitable organization through provisions of
formal documents, formal or informal practices, or formal or informal procedures.
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(b) The sponsoring organization or conduit has the authority or ability to hire,
appoint, demote, or otherwise control the officers or other decision-making
employees of the charitable organization.
(c) The sponsoring organization or conduit has common or overlapping officers
or employees with the charitable organization, indicating a formal or ongoing
relationship between the sponsoring organization or conduit and the charitable
organization.
(d) The sponsoring organization or conduit has officers or employees who were
officers or employees of the charitable organization, indicating a formal or ongoing
relationship between the sponsoring organization or conduit and the charitable
organization or the creation of a successor.
(e) The sponsoring organization or conduit provides or arranges for the
provision of funds or goods in a significant amount or on an ongoing basis to the
charitable organization, such as through payments for fundraising and
administrative costs.
(f) The sponsoring organization or conduit has an active or significant role in
the formation or operation of the charitable organization.
SECTION 37. 11.0803 (1) (bd) of the statutes is created to read:
11.0803 (1) (bd) The email address and personal telephone number of the
treasurer and any other custodian of books and accounts. Telephone numbers
provided under this paragraph shall be kept confidential and are not subject to the
right of inspection and copying under s. 19.35 (1).
SECTION 38. 11.0903 (1) (bd) of the statutes is created to read:
11.0903 (1) (bd) The email address and personal telephone number of the
treasurer and any other custodian of books and accounts. Telephone numbers
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provided under this paragraph shall be kept confidential and are not subject to the
right of inspection and copying under s. 19.35 (1).
SECTION 39. 11.1001 (1) (a) 1. of the statutes is amended to read:
11.1001 (1) (a) 1. For express advocacy that will occur during the period
beginning 60 days prior to the spring primary and ending on the date of the spring
election, any person, other than a committee, spending $2,500 or more in the
aggregate on express advocacy for one or more candidates at the spring primary or
spring election shall submit statements to the commission under par. (b) for express
advocacy.
SECTION 40. 11.1001 (1) (a) 2. (intro.) of the statutes is amended to read:
11.1001 (1) (a) 2. (intro.) For express advocacy that will occur during the period
beginning 60 days prior to the partisan primary and ending on the date of the general
election, any person, other than a committee, spending $2,500 or more in the
aggregate on express advocacy for one or more candidates at the partisan primary
or general election shall submit statements to the commission under par. (b) for
express advocacy as follows:
SECTION 41. 11.1001 (1) (a) 3. of the statutes is amended to read:
11.1001 (1) (a) 3. For express advocacy that will occur during the period
beginning 60 days prior to a special primary and ending on the date of the special
election, any person, other than a committee, spending $2,500 or more in the
aggregate on express advocacy for one or more candidates at the special primary or
special election shall submit statements to the commission under par. (b) for express
advocacy.
SECTION 42. 11.1001 (1) (b) 1. of the statutes is amended to read:
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11.1001 (1) (b) 1. The dates on which the person incurred the obligations or
made the disbursements.
SECTION 43. 11.1001 (1) (b) 2. of the statutes is amended to read:
11.1001 (1) (b) 2. The name and address of the obligees or persons who received
the disbursements.
SECTION 44. 11.1001 (1) (b) 3. of the statutes is amended to read:
11.1001 (1) (b) 3. The purpose for making the disbursements or incurring the
obligations.
SECTION 45. 11.1001 (1) (b) 4. of the statutes is amended to read:
11.1001 (1) (b) 4. The amount spent or incurred for each act of express advocacy.
SECTION 46. 11.1001 (3) of the statutes is renumbered 11.1001 (3) (intro.) and
amended to read:
11.1001 (3) TIMING. (intro.) A person who is required to report under this
section shall submit the report to the commission no later than 72 hours after making
the disbursements. the earliest of the following:
SECTION 47. 11.1001 (3) (a) of the statutes is created to read:
11.1001 (3) (a) The date the obligation for express advocacy is incurred, if the
person has the information required to be reported under sub. (1) (b).
SECTION 48. 11.1001 (3) (b) of the statutes is created to read:
11.1001 (3) (b) The date the express advocacy is aired, broadcast, printed, or
otherwise disseminated to individuals other than any of the following:
1. The person, if the person is an individual.
2. The person's officers, directors, partners, employees, or volunteers, if the
person consists of two or more individuals.
3. The person's producer, consultant, media production partner, or focus group.
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SECTION 49. 11.1001 (3) (c) of the statutes is created to read:
11.1001 (3) (c) The date of the disbursement.
SECTION 50. 11.1114 of the statutes is repealed and recreated to read:
11.1114 Two candidate committees. (1) (a) A candidate who has
established two candidate committees pursuant to s. 11.0202 (2) may transfer funds
between the two committees as provided in this subsection.
(b) The first candidate committee may transfer funds to the second candidate
committee, subject to all of the following:
1. Any money contributed to the first candidate committee in a prior
contribution limit period is the property of the first committee. If the first candidate
committee makes a contribution to the second candidate committee from funds
received by the first candidate committee during a prior contribution limit period,
that contribution is considered a contribution from the first candidate committee,
subject to the contribution limits under s. 11.1101 (2) applicable to the second
candidate committee.
2. The first candidate committee may transfer a contribution, or any portion
of a contribution, received by the first candidate committee during the current
contribution limit period to the second candidate committee. Such a transfer is
considered a contribution from the original contributor to the first candidate
committee and does not violate s. 11.1202 or 11.1204. The transfer is subject to the
contribution limits under s. 11.1101 applicable to the second candidate committee.
A contribution or portion of a contribution that is transferred may not be included
when determining whether the contributor has reached or exceeded the applicable
contribution limits for the first candidate committee for the current contribution
period. The second candidate committee shall count all contributions directly
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received from the contributor and all contributions from the contributor that are
transferred from the first candidate committee to determine whether a contributor
has reached or exceeded the applicable contribution limits for the current
contribution limit period.
(c) The second candidate committee may only transfer funds to the first
candidate committee when the second candidate committee is terminating pursuant
to s. 11.0105. Such a transfer is considered a contribution from the original
contributor to the second candidate committee and is subject to the contribution
limits under s. 11.1101 that apply to contributions from the original contributor for
contributions made to the first candidate committee.
(2) (a) For a contribution under sub. (1) (b) 1., the first candidate committee
shall report the contribution to the second candidate committee as a disbursement
to the second candidate committee and the second candidate committee shall report
receiving the contribution from the first candidate committee.
(b) The candidate committees shall report a transfer under sub. (1) (b) 2. as
follows:
1. The first candidate committee shall report receiving the contribution from
the original contributor.
2. The first candidate committee shall report transferring the contribution as
a disbursement to the second candidate committee.
3. The second candidate committee shall report receiving the contribution as
if it came from the original contributor.
(c) With regard to a transfer under sub. (1) (c), the second candidate committee
shall report receiving the contribution from the original contributor and report
transferring the funds to the first candidate committee as a disbursement. The first
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candidate committee shall report receiving the contribution as if it came from the
original contributor.
(d) A candidate committee making a transfer as provided under this section
may report the transfer as one lump sum contribution if the candidate committee
provides the receiving committee a list of the contributors, all required information
about those contributors, and the amount attributable to each contributor that is
being transferred to the receiving committee. The transferring candidate committee
shall attach the documentation described in this paragraph to its next campaign
finance report.
SECTION 51. 11.1305 of the statutes is created to read:
11.1305 Administrative termination and suspension. (1) A filing officer
may terminate any registrant under this chapter that has been exempt for more than
3 years from filing campaign reports pursuant to s. 11.0104.
(2) (a) The commission may suspend any registrant for not complying with the
requirements of this chapter. Prior to suspending the registrant, the commission
shall make at least 3 attempts to notify the registrant of the potential violations. The
commission shall send the final notice to the registrant by certified mail to the last
address on file for the registrant, unless a more recent address is obtained from
another government agency, a public record, or a reasonably diligent Internet search.
If the final notice is returned undeliverable or the registrant does not respond within
30 days after the commission sends the notice, the commission may suspend the
registrant and block the registrant's access to the campaign finance website for
registration and reporting.
(b) If a registrant does not respond to a communication from the commission
requiring a response from the registrant within 180 days of receipt of the
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communication, the commission may suspend the registrant for failing to timely
respond. Prior to suspending the registrant, the commission shall make at least 3
attempts to notify the registrant of the potential violations. The commission shall
send the final notice to the registrant by certified mail to the last address on file for
the registrant, unless a more recent address is obtained from another government
agency, a public record, or a reasonably diligent Internet search. If the final notice
is returned undeliverable or the registrant does not respond within 30 days after the
commission sends the notice, the commission may suspend the registrant and block
the registrant's access to the campaign finance website for registration and
reporting.
(3) The commission may not reinstate a registrant suspended as provided
under sub. (2) until the registrant has communicated with the commission and has
filed an amended registration statement that includes all the information that the
commission requires.
(4) A registrant that is suspended as provided under sub. (2) may not file a
termination report under s. 11.0105 until it is reinstated as provided under sub. (3).
(5) If a registrant is suspended as provided under sub. (2), the statute of
limitations under s. 893.93 (1m) for any potential violation committed within 3 years
prior to the date of the suspension is tolled. The commission or a district attorney
may commence an action to enforce such violations at any time during the 12-month
period following the date of reinstatement.
SECTION 52. 13.62 (12t) of the statutes is created to read:
13.62 (12t) “Special election” means an election other than a spring primary,
spring election, partisan primary, or general election that is called to fill a vacancy
in a state office, as defined in s. 5.02 (23). “Special election” includes an election to
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fill a vacancy in a state office, as defined in s. 5.02 (23), that is being conducted
concurrently with a spring primary, spring election, partisan primary, or general
election.
SECTION 53. 19.55 (2) (e) of the statutes is created to read:
19.55 (2) (e) Except as authorized in sub. (5), records created in the course of
conducting an audit to identify a potential violation of this subchapter, ch. 11, or
subch. III of ch. 13.
SECTION 54. 19.55 (3) (e) 5. and 6. of the statutes are created to read:
19.55 (3) (e) 5. Any record of the action of the commission issuing a warning.
6. Any record of the action of the commission that indicates that, upon a finding
of a reasonable suspicion of a violation or probable cause to believe that a violation
has occurred or occurring, the commission decided to take no further action.
SECTION 55. 19.55 (5) of the statutes is created to read:
19.55 (5) The following audit records of the commission are open to public
inspection and copying under s. 19.35 (1):
(a) Any record containing a finding that there is no reasonable suspicion that
a violation of the law occurred.
(b) Any record containing a finding that no probable cause exists to believe that
a violation of the law occurred.
(c) Any record of an action of the commission that indicates that, upon a finding
of a reasonable suspicion of a violation or probable cause to believe that a violation
has occurred or occurring, the commission decided to take no further action.
(d) Any record of an action of the commission issuing a warning.
(e) Any record of an action of the commission authorizing the filing of a civil
complaint.
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(f) Any record of an action of the commission referring a matter to a district
attorney or other prosecutor for investigation or prosecution.
SECTION 56. 19.851 (3) of the statutes is created to read:
19.851 (3) The commission shall convene in closed session for any of the
following purposes:
(a) To consider whether there is a reasonable suspicion or probable cause to
believe that a violation of the law occurred or is occurring based on a complaint and,
if received, a response to that complaint.
(b) To receive reports concerning audit findings and consider whether there is
a reasonable suspicion or probable cause to believe that a violation of the law
occurred or is occurring.
(END)
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