Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB760 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 760
5	5	December 6, 2023 - Introduced by Representatives NOVAK, MELOTIK, CONLEY,
6	6	GUNDRUM, MURSAU, ORTIZ-VELEZ, PENTERMAN and WICHGERS, cosponsored by
7	7	Senators KNODL and JAMES. Referred to Committee on Campaigns and
8	8	Elections.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to renumber and amend 11.0202 (2) (d), 11.0505 (3), 11.0605 (3) and
11	11	11.1001 (3); to amend 11.0102 (2) (a), 11.0102 (2) (b), 11.0505 (1) (a) 1., 11.0505
12	12	(1) (a) 2. (intro.), 11.0505 (1) (a) 3., 11.0505 (1) (b) 1., 11.0505 (1) (b) 2., 11.0505
13	13	(1) (b) 3., 11.0505 (1) (b) 4., 11.0605 (1) (a) 1., 11.0605 (1) (a) 2. (intro.), 11.0605
14	14	(1) (a) 3., 11.0605 (1) (b) 1., 11.0605 (1) (b) 2., 11.0605 (1) (b) 3., 11.0605 (1) (b)
15	15	4., 11.1001 (1) (a) 1., 11.1001 (1) (a) 2. (intro.), 11.1001 (1) (a) 3., 11.1001 (1) (b)
16	16	1., 11.1001 (1) (b) 2., 11.1001 (1) (b) 3. and 11.1001 (1) (b) 4.; to repeal and
17	17	recreate 11.1114; and to create 11.0102 (2) (e), 11.0202 (2) (d) 2., 11.0202 (2)
18	18	(d) 3., 11.0202 (2) (d) 4., 11.0203 (1) (bd), 11.0303 (1) (bd), 11.0403 (1) (bd),
19	19	11.0503 (1) (bd), 11.0505 (3) (a), 11.0505 (3) (b), 11.0505 (3) (c), 11.0603 (1) (bd),
20	20	11.0605 (3) (a), 11.0605 (3) (b), 11.0605 (3) (c), 11.0703 (1) (bd), 11.0706, 11.0803
21	21	(1) (bd), 11.0903 (1) (bd), 11.1001 (3) (a), 11.1001 (3) (b), 11.1001 (3) (c), 11.1305,
22	22	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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37	37	ASSEMBLY BILL 760
38	38	statutes; relating to: recommendations from the Ethics Commission
39	39	regarding campaign finance, lobbying, open records, and closed sessions.
40	40	Analysis by the Legislative Reference Bureau
41	41	This bill implements a number of recommendations from the Ethics
42	42	Commission (the commission) regarding the operations of the commission and the
43	43	laws that it administers.
44	44	CAMPAIGN FINANCE
45	45	Registration statement information
46	46	Under current law, a person who files a registration statement with the
47	47	commission, or with some other appropriate filing officer, to form a committee for
48	48	campaign finance purposes must include on the registration statement the name and
49	49	mailing address of the committee, the committee treasurer, and any other custodian
50	50	of committee books and accounts. This bill also requires that a person include on a
51	51	committee registration statement the email address and personal telephone number
52	52	of the committee treasurer and any other custodian of the committee books and
53	53	records. In addition, a candidate committee is required to provide the candidate's
54	54	email and personal telephone number. Under the bill, the personal telephone
55	55	numbers provided on the registration statements are confidential and not subject to
56	56	inspection and copying as a public record.
57	57	Second candidate committee
58	58	Current law allows, but does not require, an individual who holds a state or
59	59	local elective office and who seeks a different state or local elective office to form a
60	60	second candidate committee. Otherwise current law prohibits a candidate from
61	61	having more than one candidate committee at the same time. For individuals who
62	62	establish a second candidate committee, as provided under current law, the bill
63	63	specifies the methods for transferring funds between the two committees, how to
64	64	report those transfers, and how to dispose of funds remaining when one or both
65	65	committees terminate.
66	66	Conduit; residual funds
67	67	Under current law, a conduit must also register with the commission. A conduit
68	68	is an entity that receives a contribution from an individual, deposits that
69	69	contribution in an account held by the entity, and disburses that contribution to a
70	70	political committee at the direction of the individual who made the contribution. The
71	71	bill specifies what the conduit must do with funds remaining in its possession when
72	72	the conduit terminates. Under current law, the conduit must first make a good faith
73	73	effort to return remaining funds to the original contributors, their surviving spouses,
74	74	or the executors of their estates. Under the bill, if the terminating conduit is
75	75	unsuccessful in contacting the individuals who made the original contributions,
76	76	their surviving spouses, or the executors of their estates, the conduit may donate
77	77	those remaining funds to the common school fund or to a charitable organization.
78	78	However, the conduit may not donate remaining funds to a charitable organization
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83	83	ASSEMBLY BILL 760
84	84	that is affiliated with the conduit or a sponsoring organization. Current law defines
85	85	a sponsoring organization as an entity that establishes, administers, or financially
86	86	supports a political action committee or an independent expenditure committee.
87	87	Administrative suspension
88	88	Under current law, a committee that does not anticipate accepting or making
89	89	contributions, making disbursements, or incurring obligations in an aggregate
90	90	amount exceeding $2,500 in a calendar year may claim an exemption from filing
91	91	campaign finance reports by filing a registration statement or an amended
92	92	registration statement specifying the facts necessary to claim the exemption. The
93	93	committee must file a statement each year in which it wishes to claim the exemption
94	94	until such time as the committee files a termination report.
95	95	The bill allows a filing agent to terminate any committee that has been exempt
96	96	from filing campaign finance reports for more than three years. The bill also
97	97	authorizes the commission to suspend a committee that does not respond to notices
98	98	and communications sent by the commission.
99	99	Reporting of express advocacy
100	100	Under current law, a political action committee, independent expenditure
101	101	committee, or a person other than a committee that spends $2,500 or more on express
102	102	advocacy for a candidate at an election must report required information to the
103	103	commission. This information includes the dates on which disbursements were
104	104	made, the name and address of the persons who received the disbursements, the
105	105	purpose for making the disbursements, and the amount spent for each act of express
106	106	advocacy.
107	107	The bill clarifies that the reporting requirement applies to express advocacy
108	108	that will occur during the period beginning 60 days prior to the election and ending
109	109	on the day of the election. The bill provides that the required information also
110	110	includes the dates on which obligations were incurred, the name and address of the
111	111	obligees, the purpose for incurring the obligations, and the amount incurred for each
112	112	act of express advocacy.
113	113	Conduit filing fee
114	114	Under current law, each conduit that is required to register and report must
115	115	have and file with the commission required registration statements and reports. The
116	116	bill provides that each conduit must pay an annual filing fee of $100 to the
117	117	commission by January 15 of each year. The bill provides that this requirement does
118	118	not apply to a conduit in a year in which the conduit does not release contributions
119	119	totaling more than $2,500.
120	120	LOBBYING
121	121	Current law allows a lobbyist to make a personal contribution to a partisan
122	122	elective state official or a candidate for an elective state office between the first day
123	123	authorized by law for the circulation of nomination papers as a candidate at a general
124	124	election or special election and the day of the general election or special election. The
125	125	bill clarifies that the special election must be an election to fill a vacancy in a state
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128	128	ASSEMBLY BILL 760
129	129	OPEN RECORDS
130	130	Current law provides that certain records in the possession of the commission
131	131	are not open for public inspection. Those records include, with limited exceptions,
132	132	statements of economic interests filed by members of the investment board and the
133	133	social security numbers of individuals who apply for a lobbyist license. Under the
134	134	bill, with certain exceptions, records created in the course of conducting an audit to
135	135	identify a potential violation of the laws administered by the commission are not
136	136	open for public inspection. However, the bill allows public inspection of audit records
137	137	containing a finding that there is no reasonable suspicion or probable cause to believe
138	138	that a violation of the law occurred or that the commission took no action upon
139	139	finding such reasonable suspicion or probable cause. The bill also allows public
140	140	inspection of any audit record of the commission issuing a warning, authorizing the
141	141	filing of a civil complaint, or referring a matter to a district attorney or other
142	142	prosecutor for investigation or prosecution.
143	143	CLOSED SESSIONS
144	144	Current law allows a governmental body to meet in closed session for various
145	145	reasons, including deliberating on a case subject to a judicial hearing, consulting
146	146	with legal counsel regarding litigation, or considering personnel matters. In
147	147	addition, current law allows the commission to meet in closed session to consider
148	148	requests for confidential written advice and for deliberations concerning an
149	149	investigation of any violation of the law under its jurisdiction. Under the bill, the
150	150	commission may also meet in closed session to consider whether there is a reasonable
151	151	suspicion or probable cause to believe that a violation of the law occurred or is
152	152	occurring based on a complaint or an audit report.
153	153	For further information see the state and local fiscal estimate, which will be
154	154	printed as an appendix to this bill.
155	155	The people of the state of Wisconsin, represented in senate and assembly, do
156	156	enact as follows:
157	157	SECTION 1. 11.0102 (2) (a) of the statutes is amended to read:
158	158	11.0102 (2) (a) Except as provided in pars. (c) and (d), each conduit or committee
159	159	that is required to register and file with the commission under sub. (1) (a) shall
160	160	annually pay a filing fee of $100 to the commission. The commission may accept
161	161	payment under this subsection by credit card, debit card, or other electronic payment
162	162	mechanism, and may charge a surcharge to that conduit or committee to recover the
163	163	actual costs associated with the acceptance of that electronic payment.
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173	173	SECTION 2
174	174	ASSEMBLY BILL 760
175	175	SECTION 2. 11.0102 (2) (b) of the statutes is amended to read:
176	176	11.0102 (2) (b) A conduit or committee that is subject to par. (a) shall pay the
177	177	fee specified in par. (a) together with the report filed by that conduit or committee
178	178	on the 15th day of the month of January in each year. If a conduit or committee that
179	179	is subject to par. (a) registers under this chapter or changes status so that par. (a)
180	180	becomes applicable to the conduit or committee during a calendar year, the conduit
181	181	or committee shall pay the fee for that year with the filing of the conduit's or
182	182	committee's registration statement or at any time before the change in status
183	183	becomes effective.
184	184	SECTION 3. 11.0102 (2) (e) of the statutes is created to read:
185	185	11.0102 (2) (e) Paragraph (a) does not apply to a conduit for any year during
186	186	which the conduit does not release contributions totaling more than $2,500.
187	187	SECTION 4. 11.0202 (2) (d) of the statutes is renumbered 11.0202 (2) (d) 1. and
188	188	amended to read:
189	189	11.0202 (2) (d) 1. An individual who holds a state or local elective office and who
190	190	becomes a candidate for a different state or local elective office may establish a
191	191	second candidate committee under this subchapter for the purpose of pursuing a
192	192	that different state or local office.
193	193	SECTION 5. 11.0202 (2) (d) 2. of the statutes is created to read:
194	194	11.0202 (2) (d) 2. If the individual described under subd. 1. wins the election
195	195	for which the individual created the second candidate committee, and the individual
196	196	is not eligible to continue to hold the first office, the individual shall terminate the
197	197	first candidate committee as provided under s. 11.0105 no later than 180 days after
198	198	the date the individual is sworn into the office for which the second candidate
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224	224	SECTION 5 ASSEMBLY BILL 760
225	225	committee was created. Residual funds of the first committee may be transferred as
226	226	provided in s. 11.1114 or used or disposed of in any manner allowed by law.
227	227	SECTION 6. 11.0202 (2) (d) 3. of the statutes is created to read:
228	228	11.0202 (2) (d) 3. If the individual described under subd. 1. wins the election
229	229	for which the individual created the second candidate committee, but the individual
230	230	is still eligible to hold the first office, the individual shall maintain a committee for
231	231	each office until such time as the individual resigns from, or a successor is sworn in
232	232	to, the office. If the individual subsequently resigns from either office, or a successor
233	233	is sworn into either office, the individual shall terminate the candidate committee
234	234	for which the individual no longer holds office as provided under s. 11.0105 no later
235	235	than 180 days after the date the individual resigns or a successor is sworn in.
236	236	Residual funds of the terminated committee may be transferred as provided in s.
237	237	11.1114 or used or disposed of in any manner allowed by law.
238	238	SECTION 7. 11.0202 (2) (d) 4. of the statutes is created to read:
239	239	11.0202 (2) (d) 4. If the individual described under subd. 1. loses the election
240	240	for which the individual created the second candidate committee, the individual
241	241	shall terminate the second candidate committee as provided in s. 11.0105 no later
242	242	than 180 days after the date the winner of that election takes office. Residual funds
243	243	of the second committee may be transferred as provided in s. 11.1114 or used or
244	244	disposed of in any manner allowed by law.
245	245	SECTION 8. 11.0203 (1) (bd) of the statutes is created to read:
246	246	11.0203 (1) (bd) The email address and personal telephone number of the
247	247	candidate, the candidate committee treasurer, and any other custodian of books and
248	248	accounts. Telephone numbers provided under this paragraph shall be kept
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275	275	SECTION 8
276	276	ASSEMBLY BILL 760
277	277	confidential and are not subject to the right of inspection and copying under s. 19.35
278	278	(1).
279	279	SECTION 9. 11.0303 (1) (bd) of the statutes is created to read:
280	280	11.0303 (1) (bd) The email address and personal telephone number of the
281	281	treasurer and any other custodian of books and accounts. Telephone numbers
282	282	provided under this paragraph shall be kept confidential and are not subject to the
283	283	right of inspection and copying under s. 19.35 (1).
284	284	SECTION 10. 11.0403 (1) (bd) of the statutes is created to read:
285	285	11.0403 (1) (bd) The email address and personal telephone number of the
286	286	treasurer and any other custodian of books and accounts. Telephone numbers
287	287	provided under this paragraph shall be kept confidential and are not subject to the
288	288	right of inspection and copying under s. 19.35 (1).
289	289	SECTION 11. 11.0503 (1) (bd) of the statutes is created to read:
290	290	11.0503 (1) (bd) The email address and personal telephone number of the
291	291	treasurer and any other custodian of books and accounts. Telephone numbers
292	292	provided under this paragraph shall be kept confidential and are not subject to the
293	293	right of inspection and copying under s. 19.35 (1).
294	294	SECTION 12. 11.0505 (1) (a) 1. of the statutes is amended to read:
295	295	11.0505 (1) (a) 1. For express advocacy that will occur during the period
296	296	beginning 60 days prior to the spring primary and ending on the date of the spring
297	297	election, a political action committee spending $2,500 or more in the aggregate on
298	298	express advocacy for one or more candidates at the spring primary or spring election
299	299	shall submit statements to the commission under par. (b) for express advocacy.
300	300	SECTION 13. 11.0505 (1) (a) 2. (intro.) of the statutes is amended to read:
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326	326	SECTION 13 ASSEMBLY BILL 760
327	327	11.0505 (1) (a) 2. (intro.) For express advocacy that will occur during the period
328	328	beginning 60 days prior to the partisan primary and ending on the date of the general
329	329	election, a political action committee spending $2,500 or more in the aggregate on
330	330	express advocacy for one or more candidates at the partisan primary or general
331	331	election shall submit statements to the commission under par. (b) for express
332	332	advocacy as follows:
333	333	SECTION 14. 11.0505 (1) (a) 3. of the statutes is amended to read:
334	334	11.0505 (1) (a) 3. For express advocacy that will occur during the period
335	335	beginning 60 days prior to a special primary and ending on the date of the special
336	336	election, a political action committee spending $2,500 or more in the aggregate on
337	337	express advocacy for one or more candidates at the special primary or special election
338	338	shall submit statements to the commission under par. (b) for express advocacy.
339	339	SECTION 15. 11.0505 (1) (b) 1. of the statutes is amended to read:
340	340	11.0505 (1) (b) 1. The dates on which the committee incurred the obligations
341	341	or made the disbursements.
342	342	SECTION 16. 11.0505 (1) (b) 2. of the statutes is amended to read:
343	343	11.0505 (1) (b) 2. The name and address of the obligees or persons who received
344	344	the disbursements.
345	345	SECTION 17. 11.0505 (1) (b) 3. of the statutes is amended to read:
346	346	11.0505 (1) (b) 3. The purpose for making the disbursements or incurring the
347	347	obligations.
348	348	SECTION 18. 11.0505 (1) (b) 4. of the statutes is amended to read:
349	349	11.0505 (1) (b) 4. The amount spent or incurred for each act of express advocacy.
350	350	SECTION 19. 11.0505 (3) of the statutes is renumbered 11.0505 (3) (intro.) and
351	351	amended to read:
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379	379	SECTION 19
380	380	ASSEMBLY BILL 760
381	381	11.0505 (3) TIMING. (intro.) A political action committee that is required to
382	382	report under this section shall submit the report to the commission no later than 72
383	383	hours after making the disbursements. the earliest of the following:
384	384	SECTION 20. 11.0505 (3) (a) of the statutes is created to read:
385	385	11.0505 (3) (a) The date the obligation for express advocacy is incurred, if the
386	386	political action committee has the information required to be reported under sub. (1)
387	387	(b).
388	388	SECTION 21. 11.0505 (3) (b) of the statutes is created to read:
389	389	11.0505 (3) (b) The date the express advocacy is aired, broadcast, printed, or
390	390	otherwise disseminated to individuals other than any of the following:
391	391	1. The political action committee's administrator, treasurer, volunteer,
392	392	producer, consultant, media production partner, or focus group.
393	393	2. An officer or employee of the political action committee's sponsoring
394	394	organization.
395	395	SECTION 22. 11.0505 (3) (c) of the statutes is created to read:
396	396	11.0505 (3) (c) The date of the disbursement.
397	397	SECTION 23. 11.0603 (1) (bd) of the statutes is created to read:
398	398	11.0603 (1) (bd) The email address and personal telephone number of the
399	399	treasurer and any other custodian of books and accounts. Telephone numbers
400	400	provided under this paragraph shall be kept confidential and are not subject to the
401	401	right of inspection and copying under s. 19.35 (1).
402	402	SECTION 24. 11.0605 (1) (a) 1. of the statutes is amended to read:
403	403	11.0605 (1) (a) 1. For express advocacy that will occur during the period
404	404	beginning 60 days prior to the spring primary and ending on the date of the spring
405	405	election, an independent expenditure committee spending $2,500 or more in the
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432	432	SECTION 24 ASSEMBLY BILL 760
433	433	aggregate on express advocacy for one or more candidates at the spring primary or
434	434	spring election shall submit statements to the commission under par. (b) for express
435	435	advocacy.
436	436	SECTION 25. 11.0605 (1) (a) 2. (intro.) of the statutes is amended to read:
437	437	11.0605 (1) (a) 2. (intro.) For express advocacy that will occur during the period
438	438	beginning 60 days prior to the partisan primary and ending on the date of the general
439	439	election, an independent expenditure committee spending $2,500 or more in the
440	440	aggregate on express advocacy for one or more candidates at the partisan primary
441	441	or general election shall submit statements to the commission under par. (b) for
442	442	express advocacy as follows:
443	443	SECTION 26. 11.0605 (1) (a) 3. of the statutes is amended to read:
444	444	11.0605 (1) (a) 3. For express advocacy that will occur during the period
445	445	beginning 60 days prior to a special primary and ending on the date of the special
446	446	election, an independent expenditure committee spending $2,500 or more in the
447	447	aggregate on express advocacy for one or more candidates at the special primary or
448	448	special election shall submit statements to the commission under par. (b) for express
449	449	advocacy.
450	450	SECTION 27. 11.0605 (1) (b) 1. of the statutes is amended to read:
451	451	11.0605 (1) (b) 1. The dates on which the committee incurred the obligations
452	452	or made the disbursements.
453	453	SECTION 28. 11.0605 (1) (b) 2. of the statutes is amended to read:
454	454	11.0605 (1) (b) 2. The name and address of the obligees or persons who received
455	455	the disbursements.
456	456	SECTION 29. 11.0605 (1) (b) 3. of the statutes is amended to read:
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482	482	JK&ZDW:skw
483	483	SECTION 29
484	484	ASSEMBLY BILL 760
485	485	11.0605 (1) (b) 3. The purpose for making the disbursements or incurring the
486	486	obligations.
487	487	SECTION 30. 11.0605 (1) (b) 4. of the statutes is amended to read:
488	488	11.0605 (1) (b) 4. The amount spent or incurred for each act of express advocacy.
489	489	SECTION 31. 11.0605 (3) of the statutes is renumbered 11.0605 (3) (intro.) and
490	490	amended to read:
491	491	11.0605 (3) TIMING. (intro.) An independent expenditure committee that is
492	492	required to report under this section shall submit the report to the commission no
493	493	later than 72 hours after making the disbursements. the earliest of the following:
494	494	SECTION 32. 11.0605 (3) (a) of the statutes is created to read:
495	495	11.0605 (3) (a) The date the obligation for express advocacy is incurred, if the
496	496	independent expenditure committee has the information required to be reported
497	497	under sub. (1) (b).
498	498	SECTION 33. 11.0605 (3) (b) of the statutes is created to read:
499	499	11.0605 (3) (b) The date the express advocacy is aired, broadcast, printed, or
500	500	otherwise disseminated to individuals other than any of the following:
501	501	1. The independent expenditure committee's administrator, treasurer,
502	502	volunteer, producer, consultant, media production partner, or focus group.
503	503	2. An officer or employee of the independent expenditure committee's
504	504	sponsoring organization.
505	505	SECTION 34. 11.0605 (3) (c) of the statutes is created to read:
506	506	11.0605 (3) (c) The date of the disbursement.
507	507	SECTION 35. 11.0703 (1) (bd) of the statutes is created to read:
508	508	11.0703 (1) (bd) The email address and personal telephone number of the
509	509	administrator of the conduit and any other custodian of books and accounts.
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536	536	SECTION 35 ASSEMBLY BILL 760
537	537	Telephone numbers provided under this paragraph shall be kept confidential and are
538	538	not subject to the right of inspection and copying under s. 19.35 (1).
539	539	SECTION 36. 11.0706 of the statutes is created to read:
540	540	11.0706 Disposal of residual funds by a terminating conduit. (1) If a
541	541	conduit has decided to terminate pursuant to s. 11.0105 and the conduit has funds
542	542	remaining in its possession, the conduit shall attempt to redirect contributions as
543	543	provided in s. 11.0705. If the conduit is unsuccessful in contacting the individual, the
544	544	surviving spouse, or the executor of the estate, as provided in s. 11.0705 (2), the
545	545	conduit may dispose of its residual funds by donating the funds to the common school
546	546	fund or to a charitable organization, except that the conduit may not direct its
547	547	residual funds to a charitable organization owned or operated by the sponsoring
548	548	organization or affiliated with the conduit or its sponsoring organization.
549	549	(2) If a conduit that seeks to terminate is unable to identify the source of its
550	550	residual funds upon making a good faith effort to review its books and records, the
551	551	conduit may dispose of those funds by donating them to the common school fund or
552	552	to a charitable organization, except that the conduit may not direct those residual
553	553	funds to a charitable organization owned or operated by the sponsoring organization
554	554	or affiliated with the conduit or its sponsoring organization.
555	555	(3) For purposes of this section, a sponsoring organization or conduit is
556	556	affiliated with a charitable organization if any of the following apply:
557	557	(a) The sponsoring organization or conduit has the authority or ability to direct
558	558	or participate in the governance of the charitable organization through provisions of
559	559	formal documents, formal or informal practices, or formal or informal procedures.
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582	582	23 - 13 -2023 - 2024 Legislature
583	583	LRB-1781/1
584	584	JK&ZDW:skw
585	585	SECTION 36
586	586	ASSEMBLY BILL 760
587	587	(b) The sponsoring organization or conduit has the authority or ability to hire,
588	588	appoint, demote, or otherwise control the officers or other decision-making
589	589	employees of the charitable organization.
590	590	(c) The sponsoring organization or conduit has common or overlapping officers
591	591	or employees with the charitable organization, indicating a formal or ongoing
592	592	relationship between the sponsoring organization or conduit and the charitable
593	593	organization.
594	594	(d) The sponsoring organization or conduit has officers or employees who were
595	595	officers or employees of the charitable organization, indicating a formal or ongoing
596	596	relationship between the sponsoring organization or conduit and the charitable
597	597	organization or the creation of a successor.
598	598	(e) The sponsoring organization or conduit provides or arranges for the
599	599	provision of funds or goods in a significant amount or on an ongoing basis to the
600	600	charitable organization, such as through payments for fundraising and
601	601	administrative costs.
602	602	(f) The sponsoring organization or conduit has an active or significant role in
603	603	the formation or operation of the charitable organization.
604	604	SECTION 37. 11.0803 (1) (bd) of the statutes is created to read:
605	605	11.0803 (1) (bd) The email address and personal telephone number of the
606	606	treasurer and any other custodian of books and accounts. Telephone numbers
607	607	provided under this paragraph shall be kept confidential and are not subject to the
608	608	right of inspection and copying under s. 19.35 (1).
609	609	SECTION 38. 11.0903 (1) (bd) of the statutes is created to read:
610	610	11.0903 (1) (bd) The email address and personal telephone number of the
611	611	treasurer and any other custodian of books and accounts. Telephone numbers
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636	636	25 - 14 -2023 - 2024 Legislature LRB-1781/1
637	637	JK&ZDW:skw
638	638	SECTION 38 ASSEMBLY BILL 760
639	639	provided under this paragraph shall be kept confidential and are not subject to the
640	640	right of inspection and copying under s. 19.35 (1).
641	641	SECTION 39. 11.1001 (1) (a) 1. of the statutes is amended to read:
642	642	11.1001 (1) (a) 1. For express advocacy that will occur during the period
643	643	beginning 60 days prior to the spring primary and ending on the date of the spring
644	644	election, any person, other than a committee, spending $2,500 or more in the
645	645	aggregate on express advocacy for one or more candidates at the spring primary or
646	646	spring election shall submit statements to the commission under par. (b) for express
647	647	advocacy.
648	648	SECTION 40. 11.1001 (1) (a) 2. (intro.) of the statutes is amended to read:
649	649	11.1001 (1) (a) 2. (intro.) For express advocacy that will occur during the period
650	650	beginning 60 days prior to the partisan primary and ending on the date of the general
651	651	election, any person, other than a committee, spending $2,500 or more in the
652	652	aggregate on express advocacy for one or more candidates at the partisan primary
653	653	or general election shall submit statements to the commission under par. (b) for
654	654	express advocacy as follows:
655	655	SECTION 41. 11.1001 (1) (a) 3. of the statutes is amended to read:
656	656	11.1001 (1) (a) 3. For express advocacy that will occur during the period
657	657	beginning 60 days prior to a special primary and ending on the date of the special
658	658	election, any person, other than a committee, spending $2,500 or more in the
659	659	aggregate on express advocacy for one or more candidates at the special primary or
660	660	special election shall submit statements to the commission under par. (b) for express
661	661	advocacy.
662	662	SECTION 42. 11.1001 (1) (b) 1. of the statutes is amended to read:
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686	686	24 - 15 -2023 - 2024 Legislature
687	687	LRB-1781/1
688	688	JK&ZDW:skw
689	689	SECTION 42
690	690	ASSEMBLY BILL 760
691	691	11.1001 (1) (b) 1. The dates on which the person incurred the obligations or
692	692	made the disbursements.
693	693	SECTION 43. 11.1001 (1) (b) 2. of the statutes is amended to read:
694	694	11.1001 (1) (b) 2. The name and address of the obligees or persons who received
695	695	the disbursements.
696	696	SECTION 44. 11.1001 (1) (b) 3. of the statutes is amended to read:
697	697	11.1001 (1) (b) 3. The purpose for making the disbursements or incurring the
698	698	obligations.
699	699	SECTION 45. 11.1001 (1) (b) 4. of the statutes is amended to read:
700	700	11.1001 (1) (b) 4. The amount spent or incurred for each act of express advocacy.
701	701	SECTION 46. 11.1001 (3) of the statutes is renumbered 11.1001 (3) (intro.) and
702	702	amended to read:
703	703	11.1001 (3) TIMING. (intro.) A person who is required to report under this
704	704	section shall submit the report to the commission no later than 72 hours after making
705	705	the disbursements. the earliest of the following:
706	706	SECTION 47. 11.1001 (3) (a) of the statutes is created to read:
707	707	11.1001 (3) (a) The date the obligation for express advocacy is incurred, if the
708	708	person has the information required to be reported under sub. (1) (b).
709	709	SECTION 48. 11.1001 (3) (b) of the statutes is created to read:
710	710	11.1001 (3) (b) The date the express advocacy is aired, broadcast, printed, or
711	711	otherwise disseminated to individuals other than any of the following:
712	712	1. The person, if the person is an individual.
713	713	2. The person's officers, directors, partners, employees, or volunteers, if the
714	714	person consists of two or more individuals.
715	715	3. The person's producer, consultant, media production partner, or focus group.
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741	741	JK&ZDW:skw
742	742	SECTION 49 ASSEMBLY BILL 760
743	743	SECTION 49. 11.1001 (3) (c) of the statutes is created to read:
744	744	11.1001 (3) (c) The date of the disbursement.
745	745	SECTION 50. 11.1114 of the statutes is repealed and recreated to read:
746	746	11.1114 Two candidate committees. (1) (a) A candidate who has
747	747	established two candidate committees pursuant to s. 11.0202 (2) may transfer funds
748	748	between the two committees as provided in this subsection.
749	749	(b) The first candidate committee may transfer funds to the second candidate
750	750	committee, subject to all of the following:
751	751	1. Any money contributed to the first candidate committee in a prior
752	752	contribution limit period is the property of the first committee. If the first candidate
753	753	committee makes a contribution to the second candidate committee from funds
754	754	received by the first candidate committee during a prior contribution limit period,
755	755	that contribution is considered a contribution from the first candidate committee,
756	756	subject to the contribution limits under s. 11.1101 (2) applicable to the second
757	757	candidate committee.
758	758	2. The first candidate committee may transfer a contribution, or any portion
759	759	of a contribution, received by the first candidate committee during the current
760	760	contribution limit period to the second candidate committee. Such a transfer is
761	761	considered a contribution from the original contributor to the first candidate
762	762	committee and does not violate s. 11.1202 or 11.1204. The transfer is subject to the
763	763	contribution limits under s. 11.1101 applicable to the second candidate committee.
764	764	A contribution or portion of a contribution that is transferred may not be included
765	765	when determining whether the contributor has reached or exceeded the applicable
766	766	contribution limits for the first candidate committee for the current contribution
767	767	period. The second candidate committee shall count all contributions directly
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792	792	25 - 17 -2023 - 2024 Legislature
793	793	LRB-1781/1
794	794	JK&ZDW:skw
795	795	SECTION 50
796	796	ASSEMBLY BILL 760
797	797	received from the contributor and all contributions from the contributor that are
798	798	transferred from the first candidate committee to determine whether a contributor
799	799	has reached or exceeded the applicable contribution limits for the current
800	800	contribution limit period.
801	801	(c) The second candidate committee may only transfer funds to the first
802	802	candidate committee when the second candidate committee is terminating pursuant
803	803	to s. 11.0105. Such a transfer is considered a contribution from the original
804	804	contributor to the second candidate committee and is subject to the contribution
805	805	limits under s. 11.1101 that apply to contributions from the original contributor for
806	806	contributions made to the first candidate committee.
807	807	(2) (a) For a contribution under sub. (1) (b) 1., the first candidate committee
808	808	shall report the contribution to the second candidate committee as a disbursement
809	809	to the second candidate committee and the second candidate committee shall report
810	810	receiving the contribution from the first candidate committee.
811	811	(b) The candidate committees shall report a transfer under sub. (1) (b) 2. as
812	812	follows:
813	813	1. The first candidate committee shall report receiving the contribution from
814	814	the original contributor.
815	815	2. The first candidate committee shall report transferring the contribution as
816	816	a disbursement to the second candidate committee.
817	817	3. The second candidate committee shall report receiving the contribution as
818	818	if it came from the original contributor.
819	819	(c) With regard to a transfer under sub. (1) (c), the second candidate committee
820	820	shall report receiving the contribution from the original contributor and report
821	821	transferring the funds to the first candidate committee as a disbursement. The first
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846	846	25 - 18 -2023 - 2024 Legislature LRB-1781/1
847	847	JK&ZDW:skw
848	848	SECTION 50 ASSEMBLY BILL 760
849	849	candidate committee shall report receiving the contribution as if it came from the
850	850	original contributor.
851	851	(d) A candidate committee making a transfer as provided under this section
852	852	may report the transfer as one lump sum contribution if the candidate committee
853	853	provides the receiving committee a list of the contributors, all required information
854	854	about those contributors, and the amount attributable to each contributor that is
855	855	being transferred to the receiving committee. The transferring candidate committee
856	856	shall attach the documentation described in this paragraph to its next campaign
857	857	finance report.
858	858	SECTION 51. 11.1305 of the statutes is created to read:
859	859	11.1305 Administrative termination and suspension. (1) A filing officer
860	860	may terminate any registrant under this chapter that has been exempt for more than
861	861	3 years from filing campaign reports pursuant to s. 11.0104.
862	862	(2) (a) The commission may suspend any registrant for not complying with the
863	863	requirements of this chapter. Prior to suspending the registrant, the commission
864	864	shall make at least 3 attempts to notify the registrant of the potential violations. The
865	865	commission shall send the final notice to the registrant by certified mail to the last
866	866	address on file for the registrant, unless a more recent address is obtained from
867	867	another government agency, a public record, or a reasonably diligent Internet search.
868	868	If the final notice is returned undeliverable or the registrant does not respond within
869	869	30 days after the commission sends the notice, the commission may suspend the
870	870	registrant and block the registrant's access to the campaign finance website for
871	871	registration and reporting.
872	872	(b) If a registrant does not respond to a communication from the commission
873	873	requiring a response from the registrant within 180 days of receipt of the
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898	898	25 - 19 -2023 - 2024 Legislature
899	899	LRB-1781/1
900	900	JK&ZDW:skw
901	901	SECTION 51
902	902	ASSEMBLY BILL 760
903	903	communication, the commission may suspend the registrant for failing to timely
904	904	respond. Prior to suspending the registrant, the commission shall make at least 3
905	905	attempts to notify the registrant of the potential violations. The commission shall
906	906	send the final notice to the registrant by certified mail to the last address on file for
907	907	the registrant, unless a more recent address is obtained from another government
908	908	agency, a public record, or a reasonably diligent Internet search. If the final notice
909	909	is returned undeliverable or the registrant does not respond within 30 days after the
910	910	commission sends the notice, the commission may suspend the registrant and block
911	911	the registrant's access to the campaign finance website for registration and
912	912	reporting.
913	913	(3) The commission may not reinstate a registrant suspended as provided
914	914	under sub. (2) until the registrant has communicated with the commission and has
915	915	filed an amended registration statement that includes all the information that the
916	916	commission requires.
917	917	(4) A registrant that is suspended as provided under sub. (2) may not file a
918	918	termination report under s. 11.0105 until it is reinstated as provided under sub. (3).
919	919	(5) If a registrant is suspended as provided under sub. (2), the statute of
920	920	limitations under s. 893.93 (1m) for any potential violation committed within 3 years
921	921	prior to the date of the suspension is tolled. The commission or a district attorney
922	922	may commence an action to enforce such violations at any time during the 12-month
923	923	period following the date of reinstatement.
924	924	SECTION 52. 13.62 (12t) of the statutes is created to read:
925	925	13.62 (12t) “Special election” means an election other than a spring primary,
926	926	spring election, partisan primary, or general election that is called to fill a vacancy
927	927	in a state office, as defined in s. 5.02 (23). “Special election” includes an election to
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954	954	SECTION 52 ASSEMBLY BILL 760
955	955	fill a vacancy in a state office, as defined in s. 5.02 (23), that is being conducted
956	956	concurrently with a spring primary, spring election, partisan primary, or general
957	957	election.
958	958	SECTION 53. 19.55 (2) (e) of the statutes is created to read:
959	959	19.55 (2) (e) Except as authorized in sub. (5), records created in the course of
960	960	conducting an audit to identify a potential violation of this subchapter, ch. 11, or
961	961	subch. III of ch. 13.
962	962	SECTION 54. 19.55 (3) (e) 5. and 6. of the statutes are created to read:
963	963	19.55 (3) (e) 5. Any record of the action of the commission issuing a warning.
964	964	6. Any record of the action of the commission that indicates that, upon a finding
965	965	of a reasonable suspicion of a violation or probable cause to believe that a violation
966	966	has occurred or occurring, the commission decided to take no further action.
967	967	SECTION 55. 19.55 (5) of the statutes is created to read:
968	968	19.55 (5) The following audit records of the commission are open to public
969	969	inspection and copying under s. 19.35 (1):
970	970	(a) Any record containing a finding that there is no reasonable suspicion that
971	971	a violation of the law occurred.
972	972	(b) Any record containing a finding that no probable cause exists to believe that
973	973	a violation of the law occurred.
974	974	(c) Any record of an action of the commission that indicates that, upon a finding
975	975	of a reasonable suspicion of a violation or probable cause to believe that a violation
976	976	has occurred or occurring, the commission decided to take no further action.
977	977	(d) Any record of an action of the commission issuing a warning.
978	978	(e) Any record of an action of the commission authorizing the filing of a civil
979	979	complaint.
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1006	1006	JK&ZDW:skw
1007	1007	SECTION 55
1008	1008	ASSEMBLY BILL 760
1009	1009	(f) Any record of an action of the commission referring a matter to a district
1010	1010	attorney or other prosecutor for investigation or prosecution.
1011	1011	SECTION 56. 19.851 (3) of the statutes is created to read:
1012	1012	19.851 (3) The commission shall convene in closed session for any of the
1013	1013	following purposes:
1014	1014	(a) To consider whether there is a reasonable suspicion or probable cause to
1015	1015	believe that a violation of the law occurred or is occurring based on a complaint and,
1016	1016	if received, a response to that complaint.
1017	1017	(b) To receive reports concerning audit findings and consider whether there is
1018	1018	a reasonable suspicion or probable cause to believe that a violation of the law
1019	1019	occurred or is occurring.
1020	1020	(END)
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