SB718: Bill Text

LRB-0186/1

JK:cdc

2021 - 2022 LEGISLATURE

2021 Senate BILL 718

November 19, 2021 - Introduced by Senator Bernier, cosponsored by Representatives Wichgers, Cabral-Guevara, Murphy and Spiros. Referred to Committee on Elections, Election Process Reform and Ethics.

SB718,2,9 An Act to repeal 11.0104 (1) (b), 11.0104 (4) and 11.1302; to renumber and amend 11.1103 (1) and 11.1103 (2); to amend 11.0101 (7), 11.0102 (2) (a), 11.0104 (1) (a), 11.0104 (2), 11.0104 (3), 11.0104 (5), 11.0105 (1) (a), 11.0201 (4), 11.0204 (1) (a) 7. (intro.), 11.0204 (2) (c), 11.0204 (3) (b), 11.0204 (4) (c), 11.0204 (4) (d), 11.0204 (5) (b), 11.0204 (5) (c), 11.0204 (6) (a), 11.0204 (6) (b), 11.0204 (7), 11.0304 (1) (a) 7. (intro.), 11.0304 (2) (c), 11.0304 (3) (b), 11.0304 (4) (c), 11.0304 (4) (d), 11.0304 (5) (b), 11.0304 (5) (c), 11.0304 (7), 11.0404 (1) (a) 7. (intro.), 11.0404 (2) (c), 11.0404 (2) (d), 11.0404 (3) (b), 11.0404 (3) (c), 11.0404 (4), 11.0504 (1) (a) 7. (intro.), 11.0504 (2) (c), 11.0504 (3) (b), 11.0504 (4) (c), 11.0504 (4) (d), 11.0504 (5) (b), 11.0504 (5) (c), 11.0604 (1) (a) 7. (intro.), 11.0604 (2) (c), 11.0604 (3) (b), 11.0604 (4) (c), 11.0604 (4) (d), 11.0604 (5) (b), 11.0604 (5) (c), 11.0704 (2), 11.0704 (3) (a), 11.0704 (4) (a), 11.0704 (4) (b), 11.0704 (5) (a), 11.0704 (5) (b), 11.0804 (1) (a) 6. (intro.), 11.0804 (2) (c), 11.0804 (3) (b), 11.0804 (4) (c), 11.0804 (4) (d), 11.0804 (5) (b), 11.0804 (5) (c), 11.0904 (1) (a) 7. (intro.), 11.0904 (2) (c), 11.0904 (3) (b), 11.0904 (4) (c), 11.0904 (4) (d), 11.0904 (5) (b), 11.0904 (5) (c), 11.1113 (3) and 11.1303 (2) (a); to repeal and recreate 11.0505 (1) (a), 11.0605 (1) (a) and 11.1001 (1) (a); and to create 11.0101 (7m), 11.0103 (3) (a) 4., 11.0104 (1) (bm) to (e), 11.0204 (4) (e), 11.0204 (5) (cm), 11.0204 (6) (c), 11.0304 (4) (e), 11.0304 (5) (cm), 11.0404 (2) (e), 11.0404 (3) (cm), 11.0504 (4) (e), 11.0504 (5) (cm), 11.0604 (4) (e), 11.0604 (5) (cm), 11.0704 (4) (c), 11.0704 (5) (bm), 11.0804 (4) (e), 11.0804 (5) (d), 11.0904 (4) (e), 11.0904 (5) (d), 11.1103 (1) (a) and (b), 11.1103 (2) (a) and (b) and 11.1103 (3) of the statutes; relating to: campaign finance changes recommended by the Ethics Commission.

Analysis by the Legislative Reference Bureau

This bill makes the following changes related to campaign finance, as recommended by the Ethics Commission:

1. Expands the definition of “conduit” to mean an entity that receives a contribution, deposits the contribution in the entity's account, and then releases the contribution to any committee at the direction of the contributor. Under current law, the release of the contribution must be to a candidate committee, legislative campaign committee, political party, or political action committee.

2. Provides that only a committee required to register and file with the Ethics Commission must pay the $100 filing fee. Under current law, committees that are required to register and file with a local filing officer must also pay the filing fee.

3. Provides that a campaign finance report contain an itemized statement of all loans made to a committee. Current law does not require a committee to provide an itemized statement on any loan that is $20 or less.

4. Increases the calendar year threshold for filing a statement of limited activity to $2,500. Current law allows a committee, for campaign finance purposes, to file a statement of limited activity if the committee does not anticipate accepting or making contributions, making disbursements, or incurring obligations in an aggregate amount exceeding $2,000 in a calendar year. Current law also exempts such a committee from filing campaign finance reports for the applicable calendar year. The bill clarifies the procedure for claiming that exemption.

5. Modifies the reporting requirement for late contributions so that contributions received during the period beginning on the day that is 14 days prior to a primary or election and ending on the day of the primary or election must be reported within 72 hours of receipt. Current law requires a contribution received later than 15 days prior to a primary or election to be reported within 72 hours of receipt.

6. Clarifies the reporting requirements for a person who spends $2,500 or more on express advocacy within 60 days from the date of a primary or election.

7. Modifies the periods during which the contribution limits apply. For example, for a candidate seeking reelection at the general election to the office that the candidate holds, the limits apply from the January 1 immediately after the candidate is elected to his or her current term to the December 31 immediately after a successor is elected or the incumbent is reelected. For a candidate seeking reelection at the spring election to the office that the candidate holds, the limits apply from the July 1 immediately after the candidate is elected to his or her current term of office to the June 30 immediately after a successor is elected or the incumbent is reelected. Current law merely states that for an individual who is a candidate for an office that the individual holds the limits apply during the term of that office.

8. Eliminates the requirement that a committee report any donation to a charitable organization or the common school fund no later than five days after making the donation and provide an explanation as to why the committee did not retain the amount donated.

9. Requires that any communication supporting or opposing a referendum that is paid for by any contribution or disbursement identify its source.

10. Specifies that the September campaign finance report is due on September 30, rather than the fourth Tuesday in September, and includes all contributions received, disbursements made, and obligations incurred as of September 23.

11. Modifies the requirement that a candidate committee treasurer maintain records in an organized and legible manner for not less than three years after the date of the election in which the committee participates to clarify that the treasurer must maintain records for the period specified in the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB718,1 Section 1 . 11.0101 (7) of the statutes is amended to read:

SB718,3,6 11.0101 (7) “Conduit" means a person other than an individual that receives a contribution of money from an individual, deposits the contribution in an account held by the person, and releases the contribution to a candidate committee, legislative campaign committee, political party, or political action committee at the direction of the contributor.

SB718,2 Section 2 . 11.0101 (7m) of the statutes is created to read:

SB718,4,2 11.0101 (7m) “Continuing report” means the reports due on January 15 and July 15.

SB718,3 Section 3 . 11.0102 (2) (a) of the statutes is amended to read:

SB718,4,9 11.0102 (2) (a) Except as provided in pars. (c) and (d), each committee that is required to register under this chapter 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 committee to recover the actual costs associated with the acceptance of that electronic payment.

SB718,4 Section 4 . 11.0103 (3) (a) 4. of the statutes is created to read:

SB718,4,12 11.0103 (3) (a) 4. September 23 in the case of a September report required under this chapter.

SB718,5 Section 5 . 11.0104 (1) (a) of the statutes is amended to read:

SB718,4,24 11.0104 (1) (a) Except as provided in par. (b) (bm), any committee which does not anticipate accepting or making contributions, making disbursements, or incurring obligations, and any conduit which does not anticipate accepting or releasing contributions, in an aggregate amount exceeding $2,000 $2,500 in a calendar year may file claim an exemption from filing campaign finance reports by filing a registration statement or an amended registration statement with the appropriate filing officer indicating that fact the necessary facts, as described in this paragraph, to claim the exemption. The committee or conduit shall certify the registration statement or amended registration statement in the manner required under s. 11.0103 (3) (c) and shall include the information required to be reported by that committee or conduit on its continuing reports.

SB718,6 Section 6 . 11.0104 (1) (b) of the statutes is repealed.

SB718,7 Section 7. 11.0104 (1) (bm) to (e) of the statutes are created to read:

SB718,5,7 11.0104 (1) (bm) 1. A candidate committee of a candidate for state office may not claim the exemption under par. (a) during the calendar year of an election in which the candidate is appearing on the ballot or participating as a write-in candidate and shall file the continuing report that is due on January 15 of the year after he or she appeared on the ballot or participated as a write-in candidate, unless the committee has dissolved, as provided in s. 11.0105.

SB718,5,12 2. A candidate committee of a candidate for state office may claim the exemption under par. (a) during the calendar year after the year in which the candidate appeared on the ballot or participated as a write-in candidate by filing an amended registration statement no sooner than the day after the election and no later than January 15 of the year after the election.

SB718,5,16 3. A candidate committee of a candidate for state office may claim the exemption under par. (a) during a subsequent year by filing an amended registration statement no later than December 31 of the year preceding the year in which the exemption will apply.

SB718,5,20 4. A candidate committee of a candidate for state office that fails to claim the exemption under par. (a) before the expiration of the deadline under subd. 2. or 3., as applicable, is ineligible for the exemption and shall file all required campaign finance reports for the following calendar year.

SB718,6,2 (c) A candidate committee of a candidate for local office is eligible for an exemption under par. (a) at any time and may claim the exemption on its initial registration statement or on an amended registration statement. An exemption claimed under this paragraph applies until the committee exceeds the threshold established under par. (a), amends its registration statement to become a state candidate committee, or is dissolved, as provided in s. 11.0105.

SB718,6,8 (d) If a filing officer receives a registration statement or amended registration statement seeking to claim the exemption under par. (a) and the filing officer knows that the candidate committee is not eligible for the exemption, the filing officer shall accept the registration but notify the committee within 10 business days that it is not eligible for the exemption for that calendar year. The notice shall also indicate that the committee is required to file campaign finance reports.

SB718,6,12 (e) A candidate whose candidate committee files a registration statement or amended registration statement incorrectly claiming the exemption may not be denied placement on the ballot if the registration statement or amended registration statement otherwise complies with the requirements of this chapter.

SB718,8 Section 8 . 11.0104 (2) of the statutes is amended to read:

SB718,6,21 11.0104 (2) Upon receipt of a properly executed registration statement or amended registration statement by a committee or conduit, the appropriate filing officer shall suspend the requirement imposed upon that committee or conduit by this chapter to file continuing campaign finance reports. An indication of limited activity exemption under this section is effective only for the calendar year in which it is granted, as provided under sub. (1) (bm) unless the committee or conduit alters its status by filing an amended registration statement before the end of such year or files by filing a termination report under s. 11.0105.

SB718,9 Section 9 . 11.0104 (3) of the statutes is amended to read:

SB718,7,3 11.0104 (3) An indication of limited activity exemption made under sub. (1) this section may be revoked. If revoked, the committee or conduit shall comply with the reporting requirements applicable to the committee or conduit under this chapter as of the date of revocation, or the date that aggregate contributions, disbursements, or obligations for the calendar year exceed $2,000 $2,500. If the revocation is not timely, the committee or conduit violates s. 11.1201.

SB718,10 Section 10 . 11.0104 (4) of the statutes is repealed.

SB718,11 Section 11 . 11.0104 (5) of the statutes is amended to read:

SB718,7,10 11.0104 (5) If a committee or conduit files an amended registration statement under sub. (1) and within 60 days thereafter receives and accepts an unanticipated contribution that results in the committee or conduit exceeding the threshold established under sub. (1) (a), the committee or conduit shall do one of the following within 60 days after receipt of the unanticipated contribution:

SB718,7,19 (a) File Immediately file an amended registration statement revoking the exemption. An amended registration statement supersedes the previous registration statement. The individual who certifies to the accuracy of the registration statement shall also certify that the amended registration statement is filed on account of the receipt of unanticipated contributions and the failure to file a correct registration statement was not intentional. Thereafter, the committee or conduit shall file all required campaign finance reports for the remainder of the calendar year. Except as provided in sub. (1) (bm) 1., the committee or conduit may again claim the exemption for the next calendar year.

SB718,7,22 (b) Return the contribution to the contributor or donate the contribution to the common school fund or to a charitable organization no later than 15 days from the date on which the contribution is received.

SB718,12 Section 12 . 11.0105 (1) (a) of the statutes is amended to read:

SB718,8,8 11.0105 (1) (a) Except as provided in par. (b) and s. 11.0104 (4), whenever any committee or conduit dissolves or determines that obligations will no longer be incurred, contributions will no longer be received or, in the case of a conduit, accepted and released, and disbursements will no longer be made during a calendar year, and the committee has no outstanding incurred obligations, the committee or conduit shall file with the appropriate filing officer a termination report that indicates a cash balance of zero at the end of the reporting period. The committee or conduit shall certify the termination report in the manner required under s. 11.0103 (3) (c) and the committee shall include the information required to be reported by that committee on its continuing reports.

SB718,13 Section 13 . 11.0201 (4) of the statutes is amended to read:

SB718,8,13 11.0201 (4) The treasurer shall maintain the records of the candidate committee for the period specified under s. 11.1103 in an organized and legible manner for not less than 3 years after the date of the election in which the candidate committee participates last day of the period specified under s. 11.1103.

SB718,14 Section 14 . 11.0204 (1) (a) 7. (intro.) of the statutes is amended to read:

SB718,8,17 11.0204 (1) (a) 7. (intro.) An itemized statement of each loan of money made to the candidate committee in an aggregate amount or value in excess of $20, together with all of the following:

SB718,15 Section 15 . 11.0204 (2) (c) of the statutes is amended to read:

SB718,8,20 11.0204 (2) (c) Annually in each year of an election cycle, file a report on the 15th day of the month in the months of January 15 and July 15.

SB718,16 Section 16 . 11.0204 (3) (b) of the statutes is amended to read:

SB718,8,23 11.0204 (3) (b) Annually in each year of an election cycle, file a report on the 15th day of the month in the months of January 15 and July 15.

SB718,17 Section 17 . 11.0204 (4) (c) of the statutes is amended to read:

SB718,9,2 11.0204 (4) (c) In an odd-numbered year, file a report on the 15th day of the month in the months of January 15 and July 15.

SB718,18 Section 18 . 11.0204 (4) (d) of the statutes is amended to read:

SB718,9,6 11.0204 (4) (d) In an even-numbered year, file a report on the 15th day of the month in the months of January and 15 and July, and on the 4th Tuesday in September 15.

SB718,19 Section 19 . 11.0204 (4) (e) of the statutes is created to read:

SB718,9,10 11.0204 (4) (e) In an even-numbered year, file a report on September 30 indicating contributions, disbursements, and obligations received, made, or incurred after July 1 that are not included in the preprimary report.

SB718,20 Section 20 . 11.0204 (5) (b) of the statutes is amended to read:

SB718,9,13 11.0204 (5) (b) In an odd-numbered year, file a report on the 15th day of the month in the months of January 15 and July 15.

SB718,21 Section 21 . 11.0204 (5) (c) of the statutes is amended to read:

SB718,9,17 11.0204 (5) (c) In an even-numbered year, file a report on the 15th day of the month in the months of January and 15 and July, and on the 4th Tuesday in September 15.

SB718,22 Section 22 . 11.0204 (5) (cm) of the statutes is created to read:

SB718,9,21 11.0204 (5) (cm) In an even-numbered year, file a report on September 30 indicating contributions, disbursements, and obligations received, made, or incurred after July 1 that are not included in the preprimary report.

SB718,23 Section 23 . 11.0204 (6) (a) of the statutes is amended to read:

SB718,9,24 11.0204 (6) (a) In an odd-numbered year, file a report on the 15th day of the month in the months of January 15 and July 15.

SB718,24 Section 24 . 11.0204 (6) (b) of the statutes is amended to read:

SB718,10,3 11.0204 (6) (b) In an even-numbered year, file a report on the 15th day of the month in the months of January and 15 and July, and on the 4th Tuesday in September 15.