Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB741 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Date of enactment: ~~March 14, 2024~~
2		-	2023 Senate Bill 741 Date of publication*: ~~March 15, 2024~~
3		-	2023 WISCONSIN ACT ~~120~~
	1	+	Date of enactment:
	2	+	2023 Senate Bill 741 Date of publication*:
	3	+	2023 WISCONSIN ACT
4	4		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)
5	5		(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)
6	6		(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
7	7		(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
8	8		(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
9	9		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),
10	10		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)
11	11		(bd), 11.0605 (3) (a), 11.0605 (3) (b), 11.0605 (3) (c), 11.0703 (1) (bd), 11.0803 (1) (bd), 11.0903 (1) (bd), 11.1001
12	12		(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
13	13		(3) of the statutes; relating to: recommendations from the Ethics Commission regarding campaign finance, lobby-
14	14		ing, open records, and closed sessions.
15	15		The people of the state of Wisconsin, represented in
16	16		senate and assembly, do enact as follows:
17	17		SECTION 1. 11.0102 (2) (a) of the statutes is amended
18	18		to read:
19	19		11.0102 (2) (a) Except as provided in pars. (c) and
20	20		(d), each conduit or committee that is required to register
21	21		and file with the commission under sub. (1) (a) shall
22	22		annually pay a filing fee of $100 to the commission. The
23	23		commission may accept payment under this subsection
24	24		by credit card, debit card, or other electronic payment
25	25		mechanism, and may charge a surcharge to that conduit
26	26		or committee to recover the actual costs associated with
27	27		the acceptance of that electronic payment.
28	28		SECTION 2. 11.0102 (2) (b) of the statutes is amended
29	29		to read:
30	30		11.0102 (2) (b) A conduit or committee that is subject
31	31		to par. (a) shall pay the fee specified in par. (a) together
32	32		with the report filed by that conduit or committee on the
33	33		15th day of the month of January in each year. If a conduit
34	34		or committee that is subject to par. (a) registers under this
35	35		chapter or changes status so that par. (a) becomes applica-
36	36		ble to the conduit or committee during a calendar year,
37	37		the conduit or committee shall pay the fee for that year
38	38		with the filing of the conduit’s or committee’s registra-
39	39		tion statement or at any time before the change in status
40	40		becomes effective.
41	41		SECTION 3. 11.0102 (2) (e) of the statutes is created
42	42		to read:
43	43		11.0102 (2) (e) Paragraph (a) does not apply to a con-
44	44		duit for any year during which the conduit does not
45	45		release contributions totaling more than $2,500.
46	46		SECTION 4. 11.0202 (2) (d) of the statutes is renum-
47	47		bered 11.0202 (2) (d) 1. and amended to read:
48	48		11.0202 (2) (d) 1. An individual who holds a state or
49	49		local elective office and who becomes a candidate for a
50	50		different state or local elective office may establish a sec-
51	51		* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
52		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act ~~120~~ 2023 Senate Bill 741
	52	+	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 741
53	53		ond 2nd candidate committee under this subchapter for
54	54		the purpose of pursuing a that different state or local
55	55		office.
56	56		SECTION 5. 11.0202 (2) (d) 2. of the statutes is created
57	57		to read:
58	58		11.0202 (2) (d) 2. If the individual described under
59	59		subd. 1. wins the election for which the individual created
60	60		the 2nd candidate committee, and the individual is not
61	61		eligible to continue to hold the first office, the individual
62	62		shall terminate the first candidate committee as provided
63	63		under s. 11.0105 no later than 180 days after the date the
64	64		individual is sworn into the office for which the 2nd can-
65	65		didate committee was created. Residual funds of the first
66	66		committee may be transferred as provided in s. 11.1114
67	67		or used or disposed of in any manner allowed by law.
68	68		SECTION 6. 11.0202 (2) (d) 3. of the statutes is created
69	69		to read:
70	70		11.0202 (2) (d) 3. If the individual described under
71	71		subd. 1. wins the election for which the individual created
72	72		the 2nd candidate committee, but the individual is still
73	73		eligible to hold the first office, the individual shall main-
74	74		tain a committee for each office until such time as the
75	75		individual resigns from, or a successor is sworn in to, the
76	76		office. If the individual subsequently resigns from either
77	77		office, or a successor is sworn into either office, the indi-
78	78		vidual shall terminate the candidate committee for which
79	79		the individual no longer holds office as provided under s.
80	80		11.0105 no later than 180 days after the date the individ-
81	81		ual resigns or a successor is sworn in. Residual funds of
82	82		the terminated committee may be transferred as provided
83	83		in s. 11.1114 or used or disposed of in any manner
84	84		allowed by law.
85	85		SECTION 7. 11.0202 (2) (d) 4. of the statutes is created
86	86		to read:
87	87		11.0202 (2) (d) 4. If the individual described under
88	88		subd. 1. loses the election for which the individual cre-
89	89		ated the 2nd candidate committee, the individual shall
90	90		terminate the 2nd candidate committee as provided in s.
91	91		11.0105 no later than 180 days after the date the winner
92	92		of that election takes office. Residual funds of the 2nd
93	93		committee may be transferred as provided in s. 11.1114
94	94		or used or disposed of in any manner allowed by law.
95	95		SECTION 8. 11.0203 (1) (bd) of the statutes is created
96	96		to read:
97	97		11.0203 (1) (bd) The email address and personal tele-
98	98		phone number of the candidate, the candidate committee
99	99		treasurer, and any other custodian of books and accounts.
100	100		Telephone numbers provided under this paragraph shall
101	101		be kept confidential and are not subject to the right of
102	102		inspection and copying under s. 19.35 (1).
103	103		SECTION 9. 11.0303 (1) (bd) of the statutes is created
104	104		to read:
105	105		11.0303 (1) (bd) The email address and personal tele-
106	106		phone number of the treasurer and any other custodian of
107	107		books and accounts. Telephone numbers provided under
108	108		this paragraph shall be kept confidential and are not sub-
109	109		ject to the right of inspection and copying under s. 19.35
110	110		(1).
111	111		SECTION 10. 11.0403 (1) (bd) of the statutes is cre-
112	112		ated to read:
113	113		11.0403 (1) (bd) The email address and personal tele-
114	114		phone number of the treasurer and any other custodian of
115	115		books and accounts. Telephone numbers provided under
116	116		this paragraph shall be kept confidential and are not sub-
117	117		ject to the right of inspection and copying under s. 19.35
118	118		(1).
119	119		SECTION 11. 11.0503 (1) (bd) of the statutes is created
120	120		to read:
121	121		11.0503 (1) (bd) The email address and personal tele-
122	122		phone number of the treasurer and any other custodian of
123	123		books and accounts. Telephone numbers provided under
124	124		this paragraph shall be kept confidential and are not sub-
125	125		ject to the right of inspection and copying under s. 19.35
126	126		(1).
127	127		SECTION 12. 11.0505 (1) (a) 1. of the statutes is
128	128		amended to read:
129	129		11.0505 (1) (a) 1. For express advocacy that will
130	130		occur during the period beginning 60 days prior to the
131	131		spring primary and ending on the date of the spring elec-
132	132		tion, a political action committee spending $2,500 or
133	133		more in the aggregate on express advocacy for one or
134	134		more candidates at the spring primary or spring election
135	135		shall submit statements to the commission under par. (b)
136	136		for express advocacy.
137	137		SECTION 13. 11.0505 (1) (a) 2. (intro.) of the statutes
138	138		is amended to read:
139	139		11.0505 (1) (a) 2. (intro.) For express advocacy that
140	140		will occur during the period beginning 60 days prior to
141	141		the partisan primary and ending on the date of the general
142	142		election, a political action committee spending $2,500 or
143	143		more in the aggregate on express advocacy for one or
144	144		more candidates at the partisan primary or general elec-
145	145		tion shall submit statements to the commission under par.
146	146		(b) for express advocacy as follows:
147	147		SECTION 14. 11.0505 (1) (a) 3. of the statutes is
148	148		amended to read:
149	149		11.0505 (1) (a) 3. For express advocacy that will
150	150		occur during the period beginning 60 days prior to a spe-
151	151		cial primary and ending on the date of the special elec-
152	152		tion, a political action committee spending $2,500 or
153	153		more in the aggregate on express advocacy for one or
154	154		more candidates at the special primary or special election
155	155		shall submit statements to the commission under par. (b)
156	156		for express advocacy.
157	157		SECTION 15. 11.0505 (1) (b) 1. of the statutes is
158	158		amended to read:
159	159		11.0505 (1) (b) 1. The dates on which the committee
160	160		incurred the obligations or made the disbursements.
161	161		SECTION 16. 11.0505 (1) (b) 2. of the statutes is
162	162		amended to read:
163	163		11.0505 (1) (b) 2. The name and address of the
164		-	obligees or persons who received the disbursements. − 3 − 2023 Wisconsin Act ~~120~~ 2023 Senate Bill 741
	164	+	obligees or persons who received the disbursements. − 3 − 2023 Wisconsin Act 2023 Senate Bill 741
165	165		SECTION 17. 11.0505 (1) (b) 3. of the statutes is
166	166		amended to read:
167	167		11.0505 (1) (b) 3. The purpose for making the dis-
168	168		bursements or incurring the obligations.
169	169		SECTION 18. 11.0505 (1) (b) 4. of the statutes is
170	170		amended to read:
171	171		11.0505 (1) (b) 4. The amount spent or incurred for
172	172		each act of express advocacy.
173	173		SECTION 19. 11.0505 (3) of the statutes is renum-
174	174		bered 11.0505 (3) (intro.) and amended to read:
175	175		11.0505 (3) TIMING. (intro.) A political action com-
176	176		mittee that is required to report under this section shall
177	177		submit the report to the commission no later than 72
178	178		hours after making the disbursements. the earliest of the
179	179		following:
180	180		SECTION 20. 11.0505 (3) (a) of the statutes is created
181	181		to read:
182	182		11.0505 (3) (a) The date the obligation for express
183	183		advocacy is incurred, if the political action committee
184	184		has the information required to be reported under sub. (1)
185	185		(b).
186	186		SECTION 21. 11.0505 (3) (b) of the statutes is created
187	187		to read:
188	188		11.0505 (3) (b) The date the express advocacy is
189	189		aired, broadcast, printed, or otherwise disseminated to
190	190		individuals other than any of the following:
191	191		1. The political action committee’s administrator,
192	192		treasurer, volunteer, producer, consultant, media produc-
193	193		tion partner, or focus group.
194	194		2. An officer or employee of the political action com-
195	195		mittee’s sponsoring organization.
196	196		SECTION 22. 11.0505 (3) (c) of the statutes is created
197	197		to read:
198	198		11.0505 (3) (c) The date of the disbursement.
199	199		SECTION 23. 11.0603 (1) (bd) of the statutes is cre-
200	200		ated to read:
201	201		11.0603 (1) (bd) The email address and personal tele-
202	202		phone number of the treasurer and any other custodian of
203	203		books and accounts. Telephone numbers provided under
204	204		this paragraph shall be kept confidential and are not sub-
205	205		ject to the right of inspection and copying under s. 19.35
206	206		(1).
207	207		SECTION 24. 11.0605 (1) (a) 1. of the statutes is
208	208		amended to read:
209	209		11.0605 (1) (a) 1. For express advocacy that will
210	210		occur during the period beginning 60 days prior to the
211	211		spring primary and ending on the date of the spring elec-
212	212		tion, an independent expenditure committee spending
213	213		$2,500 or more in the aggregate on express advocacy for
214	214		one or more candidates at the spring primary or spring
215	215		election shall submit statements to the commission under
216	216		par. (b) for express advocacy.
217	217		SECTION 25. 11.0605 (1) (a) 2. (intro.) of the statutes
218	218		is amended to read:
219	219		11.0605 (1) (a) 2. (intro.) For express advocacy that
220	220		will occur during the period beginning 60 days prior to
221	221		the partisan primary and ending on the date of the general
222	222		election, an independent expenditure committee spend-
223	223		ing $2,500 or more in the aggregate on express advocacy
224	224		for one or more candidates at the partisan primary or gen-
225	225		eral election shall submit statements to the commission
226	226		under par. (b) for express advocacy as follows:
227	227		SECTION 26. 11.0605 (1) (a) 3. of the statutes is
228	228		amended to read:
229	229		11.0605 (1) (a) 3. For express advocacy that will
230	230		occur during the period beginning 60 days prior to a spe-
231	231		cial primary and ending on the date of the special elec-
232	232		tion, an independent expenditure committee spending
233	233		$2,500 or more in the aggregate on express advocacy for
234	234		one or more candidates at the special primary or special
235	235		election shall submit statements to the commission under
236	236		par. (b) for express advocacy.
237	237		SECTION 27. 11.0605 (1) (b) 1. of the statutes is
238	238		amended to read:
239	239		11.0605 (1) (b) 1. The dates on which the committee
240	240		incurred the obligations or made the disbursements.
241	241		SECTION 28. 11.0605 (1) (b) 2. of the statutes is
242	242		amended to read:
243	243		11.0605 (1) (b) 2. The name and address of the
244	244		obligees or persons who received the disbursements.
245	245		SECTION 29. 11.0605 (1) (b) 3. of the statutes is
246	246		amended to read:
247	247		11.0605 (1) (b) 3. The purpose for making the dis-
248	248		bursements or incurring the obligations.
249	249		SECTION 30. 11.0605 (1) (b) 4. of the statutes is
250	250		amended to read:
251	251		11.0605 (1) (b) 4. The amount spent or incurred for
252	252		each act of express advocacy.
253	253		SECTION 31. 11.0605 (3) of the statutes is renum-
254	254		bered 11.0605 (3) (intro.) and amended to read:
255	255		11.0605 (3) TIMING. (intro.) An independent expen-
256	256		diture committee that is required to report under this sec-
257	257		tion shall submit the report to the commission no later
258	258		than 72 hours after making the disbursements. the earliest
259	259		of the following:
260	260		SECTION 32. 11.0605 (3) (a) of the statutes is created
261	261		to read:
262	262		11.0605 (3) (a) The date the obligation for express
263	263		advocacy is incurred, if the independent expenditure
264	264		committee has the information required to be reported
265	265		under sub. (1) (b).
266	266		SECTION 33. 11.0605 (3) (b) of the statutes is created
267	267		to read:
268	268		11.0605 (3) (b) The date the express advocacy is
269	269		aired, broadcast, printed, or otherwise disseminated to
270	270		individuals other than any of the following:
271	271		1. The independent expenditure committee’s admin-
272	272		istrator, treasurer, volunteer, producer, consultant, media
273	273		production partner, or focus group.
274	274		2. An officer or employee of the independent expen-
275		-	diture committee’s sponsoring organization. − 4 −2023 Wisconsin Act ~~120~~ 2023 Senate Bill 741
	275	+	diture committee’s sponsoring organization. − 4 −2023 Wisconsin Act 2023 Senate Bill 741
276	276		SECTION 34. 11.0605 (3) (c) of the statutes is created
277	277		to read:
278	278		11.0605 (3) (c) The date of the disbursement.
279	279		SECTION 35. 11.0703 (1) (bd) of the statutes is cre-
280	280		ated to read:
281	281		11.0703 (1) (bd) The email address and personal tele-
282	282		phone number of the administrator of the conduit and any
283	283		other custodian of books and accounts. Telephone num-
284	284		bers provided under this paragraph shall be kept confi-
285	285		dential and are not subject to the right of inspection and
286	286		copying under s. 19.35 (1).
287	287		SECTION 37. 11.0803 (1) (bd) of the statutes is cre-
288	288		ated to read:
289	289		11.0803 (1) (bd) The email address and personal tele-
290	290		phone number of the treasurer and any other custodian of
291	291		books and accounts. Telephone numbers provided under
292	292		this paragraph shall be kept confidential and are not sub-
293	293		ject to the right of inspection and copying under s. 19.35
294	294		(1).
295	295		SECTION 38. 11.0903 (1) (bd) of the statutes is cre-
296	296		ated to read:
297	297		11.0903 (1) (bd) The email address and personal tele-
298	298		phone number of the treasurer and any other custodian of
299	299		books and accounts. Telephone numbers provided under
300	300		this paragraph shall be kept confidential and are not sub-
301	301		ject to the right of inspection and copying under s. 19.35
302	302		(1).
303	303		SECTION 39. 11.1001 (1) (a) 1. of the statutes is
304	304		amended to read:
305	305		11.1001 (1) (a) 1. For express advocacy that will
306	306		occur during the period beginning 60 days prior to the
307	307		spring primary and ending on the date of the spring elec-
308	308		tion, any person, other than a committee, spending
309	309		$2,500 or more in the aggregate on express advocacy for
310	310		one or more candidates at the spring primary or spring
311	311		election shall submit statements to the commission under
312	312		par. (b) for express advocacy.
313	313		SECTION 40. 11.1001 (1) (a) 2. (intro.) of the statutes
314	314		is amended to read:
315	315		11.1001 (1) (a) 2. (intro.) For express advocacy that
316	316		will occur during the period beginning 60 days prior to
317	317		the partisan primary and ending on the date of the general
318	318		election, any person, other than a committee, spending
319	319		$2,500 or more in the aggregate on express advocacy for
320	320		one or more candidates at the partisan primary or general
321	321		election shall submit statements to the commission under
322	322		par. (b) for express advocacy as follows:
323	323		SECTION 41. 11.1001 (1) (a) 3. of the statutes is
324	324		amended to read:
325	325		11.1001 (1) (a) 3. For express advocacy that will
326	326		occur during the period beginning 60 days prior to a spe-
327	327		cial primary and ending on the date of the special elec-
328	328		tion, any person, other than a committee, spending
329	329		$2,500 or more in the aggregate on express advocacy for
330	330		one or more candidates at the special primary or special
331	331		election shall submit statements to the commission under
332	332		par. (b) for express advocacy.
333	333		SECTION 42. 11.1001 (1) (b) 1. of the statutes is
334	334		amended to read:
335	335		11.1001 (1) (b) 1. The dates on which the person
336	336		incurred the obligations or made the disbursements.
337	337		SECTION 43. 11.1001 (1) (b) 2. of the statutes is
338	338		amended to read:
339	339		11.1001 (1) (b) 2. The name and address of the
340	340		obligees or persons who received the disbursements.
341	341		SECTION 44. 11.1001 (1) (b) 3. of the statutes is
342	342		amended to read:
343	343		11.1001 (1) (b) 3. The purpose for making the dis-
344	344		bursements or incurring the obligations.
345	345		SECTION 45. 11.1001 (1) (b) 4. of the statutes is
346	346		amended to read:
347	347		11.1001 (1) (b) 4. The amount spent or incurred for
348	348		each act of express advocacy.
349	349		SECTION 46. 11.1001 (3) of the statutes is renum-
350	350		bered 11.1001 (3) (intro.) and amended to read:
351	351		11.1001 (3) TIMING. (intro.) A person who is
352	352		required to report under this section shall submit the
353	353		report to the commission no later than 72 hours after mak-
354	354		ing the disbursements. the earliest of the following:
355	355		SECTION 47. 11.1001 (3) (a) of the statutes is created
356	356		to read:
357	357		11.1001 (3) (a) The date the obligation for express
358	358		advocacy is incurred, if the person has the information
359	359		required to be reported under sub. (1) (b).
360	360		SECTION 48. 11.1001 (3) (b) of the statutes is created
361	361		to read:
362	362		11.1001 (3) (b) The date the express advocacy is
363	363		aired, broadcast, printed, or otherwise disseminated to
364	364		individuals other than any of the following:
365	365		1. The person, if the person is an individual.
366	366		2. The person’s officers, directors, partners, employ-
367	367		ees, or volunteers, if the person consists of 2 or more indi-
368	368		viduals.
369	369		3. The person’s producer, consultant, media produc-
370	370		tion partner, or focus group.
371	371		SECTION 49. 11.1001 (3) (c) of the statutes is created
372	372		to read:
373	373		11.1001 (3) (c) The date of the disbursement.
374	374		SECTION 50. 11.1114 of the statutes is repealed and
375	375		recreated to read:
376	376		11.1114 Two candidate committees. (1) (a) A can-
377	377		didate who has established 2 candidate committees pur-
378	378		suant to s. 11.0202 (2) may transfer funds between the 2
379	379		committees as provided in this subsection.
380	380		(b) The first candidate committee may transfer funds
381	381		to the 2nd candidate committee, subject to all of the fol-
382	382		lowing:
383	383		1. Any money contributed to the first candidate com-
384	384		mittee in a prior contribution limit period is the property
385		-	of the first committee. If the first candidate committee − 5 − 2023 Wisconsin Act ~~120~~ 2023 Senate Bill 741
	385	+	of the first committee. If the first candidate committee − 5 − 2023 Wisconsin Act 2023 Senate Bill 741
386	386		makes a contribution to the 2nd candidate committee
387	387		from funds received by the first candidate committee dur-
388	388		ing a prior contribution limit period, that contribution is
389	389		considered a contribution from the first candidate com-
390	390		mittee, subject to the contribution limits under s. 11.1101
391	391		(2) applicable to the 2nd candidate committee.
392	392		2. The first candidate committee may transfer a con-
393	393		tribution, or any portion of a contribution, received by the
394	394		first candidate committee during the current contribution
395	395		limit period to the 2nd candidate committee. Such a trans-
396	396		fer is considered a contribution from the original contrib-
397	397		utor to the first candidate committee and does not violate
398	398		s. 11.1202 or 11.1204. The transfer is subject to the con-
399	399		tribution limits under s. 11.1101 applicable to the 2nd
400	400		candidate committee. A contribution or portion of a con-
401	401		tribution that is transferred may not be included when
402	402		determining whether the contributor has reached or
403	403		exceeded the applicable contribution limits for the first
404	404		candidate committee for the current contribution period.
405	405		The 2nd candidate committee shall count all contribu-
406	406		tions directly received from the contributor and all contri-
407	407		butions from the contributor that are transferred from the
408	408		first candidate committee to determine whether a con-
409	409		tributor has reached or exceeded the applicable contribu-
410	410		tion limits for the current contribution limit period.
411	411		(c) The 2nd candidate committee may only transfer
412	412		funds to the first candidate committee when the 2nd can-
413	413		didate committee is terminating pursuant to s. 11.0105.
414	414		Such a transfer is considered a contribution from the orig-
415	415		inal contributor to the 2nd candidate committee and is
416	416		subject to the contribution limits under s. 11.1101 that
417	417		apply to contributions from the original contributor for
418	418		contributions made to the first candidate committee.
419	419		(2) (a) For a contribution under sub. (1) (b) 1., the first
420	420		candidate committee shall report the contribution to the
421	421		2nd candidate committee as a disbursement to the 2nd
422	422		candidate committee and the 2nd candidate committee
423	423		shall report receiving the contribution from the first can-
424	424		didate committee.
425	425		(b) The candidate committees shall report a transfer
426	426		under sub. (1) (b) 2. as follows:
427	427		1. The first candidate committee shall report receiv-
428	428		ing the contribution from the original contributor.
429	429		2. The first candidate committee shall report transfer-
430	430		ring the contribution as a disbursement to the 2nd candi-
431	431		date committee.
432	432		3. The 2nd candidate committee shall report receiv-
433	433		ing the contribution as if it came from the original con-
434	434		tributor.
435	435		(c) With regard to a transfer under sub. (1) (c), the 2nd
436	436		candidate committee shall report receiving the contribu-
437	437		tion from the original contributor and report transferring
438	438		the funds to the first candidate committee as a disburse-
439	439		ment. The first candidate committee shall report receiv-
440	440		ing the contribution as if it came from the original con-
441	441		tributor.
442	442		(d) A candidate committee making a transfer as pro-
443	443		vided under this section may report the transfer as one
444	444		lump sum contribution if the candidate committee pro-
445	445		vides the receiving committee a list of the contributors,
446	446		all required information about those contributors, and the
447	447		amount attributable to each contributor that is being
448	448		transferred to the receiving committee. The transferring
449	449		candidate committee shall attach the documentation
450	450		described in this paragraph to its next campaign finance
451	451		report.
452	452		SECTION 51. 11.1305 of the statutes is created to read:
453	453		11.1305 Administrative termination and suspen-
454	454		sion. (1) (a) Except as provided in par. (b), the commis-
455	455		sion or another filing officer may terminate any registrant
456	456		under this chapter that has been exempt for more than 3
457	457		years from filing campaign reports pursuant to s.
458	458		11.0104.
459	459		(b) A filing officer other than the commission may
460	460		terminate a registrant under par. (a) only if the registrant
461	461		has not done any of the following:
462	462		1. Held an elective office during the 3 years prior to
463	463		the proposed termination.
464	464		2. Filed a new or amended registration statement dur-
465	465		ing the 3 years prior to the proposed termination.
466	466		3. After being exempt for more than 3 years from fil-
467	467		ing campaign finance reports, responded within 60 days
468	468		from the date on which the filing officer attempted to con-
469	469		tact the registrant using the contact information specified
470	470		on the registrant’s most current registration statement.
471	471		(2) (a) The commission may suspend any registrant
472	472		for not complying with the requirements of this chapter.
473	473		Prior to suspending the registrant, the commission shall
474	474		make at least 3 attempts to notify the registrant of the
475	475		potential violations. The commission shall send the final
476	476		notice to the registrant by certified mail to the last address
477	477		on file for the registrant, unless a more recent address is
478	478		obtained from another government agency, a public
479	479		record, or a reasonably diligent Internet search. If the
480	480		final notice is returned undeliverable or the registrant
481	481		does not respond within 30 days after the commission
482	482		sends the notice, the commission may suspend the regis-
483	483		trant and block the registrant’s access to the campaign
484	484		finance website for registration and reporting.
485	485		(b) If a registrant does not respond to a communica-
486	486		tion from the commission requiring a response from the
487	487		registrant within 180 days of receipt of the communica-
488	488		tion, the commission may suspend the registrant for fail-
489	489		ing to timely respond. Prior to suspending the registrant,
490	490		the commission shall make at least 3 attempts to notify
491	491		the registrant of the potential violations. The commission
492	492		shall send the final notice to the registrant by certified
493	493		mail to the last address on file for the registrant, unless a
494	494		more recent address is obtained from another govern-
495	495		ment agency, a public record, or a reasonably diligent
496	496		Internet search. If the final notice is returned undeliver-
497		-	able or the registrant does not respond within 30 days − 6 −2023 Wisconsin Act ~~120~~ 2023 Senate Bill 741
	497	+	able or the registrant does not respond within 30 days − 6 −2023 Wisconsin Act 2023 Senate Bill 741
498	498		after the commission sends the notice, the commission
499	499		may suspend the registrant and block the registrant’s
500	500		access to the campaign finance website for registration
501	501		and reporting.
502	502		(3) The commission may not reinstate a registrant
503	503		suspended as provided under sub. (2) until the registrant
504	504		has communicated with the commission and has filed an
505	505		amended registration statement that includes all the
506	506		information that the commission requires.
507	507		(4) A registrant that is suspended as provided under
508	508		sub. (2) may not file a termination report under s. 11.0105
509	509		until it is reinstated as provided under sub. (3).
510	510		(5) If a registrant is suspended as provided under sub.
511	511		(2), the statute of limitations under s. 893.93 (1m) for any
512	512		potential violation committed within 3 years prior to the
513	513		date of the suspension is tolled. The commission or a dis-
514	514		trict attorney may commence an action to enforce such
515	515		violations at any time during the 12−month period fol-
516	516		lowing the date of reinstatement.
517	517		SECTION 52. 13.62 (12t) of the statutes is created to
518	518		read:
519	519		13.62 (12t) “Special election” means an election
520	520		other than a spring primary, spring election, partisan pri-
521	521		mary, or general election that is called to fill a vacancy in
522	522		a state office, as defined in s. 5.02 (23). “Special elec-
523	523		tion” includes an election to fill a vacancy in a state
524	524		office, as defined in s. 5.02 (23), that is being conducted
525	525		concurrently with a spring primary, spring election, parti-
526	526		san primary, or general election.
527	527		SECTION 53. 19.55 (2) (e) of the statutes is created to
528	528		read:
529	529		19.55 (2) (e) Except as authorized in sub. (5), records
530	530		created in the course of conducting an audit to identify a
531	531		potential violation of this subchapter, subch. III of ch. 13,
532	532		or ch. 11.
533	533		SECTION 54. 19.55 (3) (e) 5. and 6. of the statutes are
534	534		created to read:
535	535		19.55 (3) (e) 5. Any record of the action of the com-
536	536		mission issuing a warning.
537	537		6. Any record of the action of the commission that
538	538		indicates that, upon a finding of a reasonable suspicion of
539	539		a violation or probable cause to believe that a violation
540	540		has occurred or occurring, the commission decided to
541	541		take no further action.
542	542		SECTION 55. 19.55 (5) of the statutes is created to
543	543		read:
544	544		19.55 (5) The following audit records of the commis-
545	545		sion are open to public inspection and copying under s.
546	546		19.35 (1):
547	547		(a) Any record containing a finding that there is no
548	548		reasonable suspicion that a violation of the law occurred.
549	549		(b) Any record containing a finding that no probable
550	550		cause exists to believe that a violation of the law
551	551		occurred.
552	552		(c) Any record of an action of the commission that
553	553		indicates that, upon a finding of a reasonable suspicion of
554	554		a violation or probable cause to believe that a violation
555	555		has occurred or occurring, the commission decided to
556	556		take no further action.
557	557		(d) Any record of an action of the commission issuing
558	558		a warning.
559	559		(e) Any record of an action of the commission autho-
560	560		rizing the filing of a civil complaint.
561	561		(f) Any record of an action of the commission refer-
562	562		ring a matter to a district attorney or other prosecutor for
563	563		investigation or prosecution.
564	564		SECTION 56. 19.851 (3) of the statutes is created to
565	565		read:
566	566		19.851 (3) The commission shall convene in closed
567	567		session for any of the following purposes:
568	568		(a) To consider whether there is a reasonable suspi-
569	569		cion or probable cause to believe that a violation of the
570	570		law occurred or is occurring based on a complaint and, if
571	571		received, a response to that complaint.
572	572		(b) To receive reports concerning audit findings and
573	573		consider whether there is a reasonable suspicion or prob-
574	574		able cause to believe that a violation of the law occurred
575	575		or is occurring.