2023 WISCONSIN ACT 120
An Act to renumber and amend 11.0202 (2) (d), 11.0505 (3), 11.0605 (3) and 11.1001 (3); to amend 11.0102 (2) (a), 11.0102 (2) (b), 11.0505 (1) (a) 1., 11.0505 (1) (a) 2. (intro.), 11.0505 (1) (a) 3., 11.0505 (1) (b) 1., 11.0505 (1) (b) 2., 11.0505 (1) (b) 3., 11.0505 (1) (b) 4., 11.0605 (1) (a) 1., 11.0605 (1) (a) 2. (intro.), 11.0605 (1) (a) 3., 11.0605 (1) (b) 1., 11.0605 (1) (b) 2., 11.0605 (1) (b) 3., 11.0605 (1) (b) 4., 11.1001 (1) (a) 1., 11.1001 (1) (a) 2. (intro.), 11.1001 (1) (a) 3., 11.1001 (1) (b) 1., 11.1001 (1) (b) 2., 11.1001 (1) (b) 3. and 11.1001 (1) (b) 4.; to repeal and recreate 11.1114; and to create 11.0102 (2) (e), 11.0202 (2) (d) 2., 11.0202 (2) (d) 3., 11.0202 (2) (d) 4., 11.0203 (1) (bd), 11.0303 (1) (bd), 11.0403 (1) (bd), 11.0503 (1) (bd), 11.0505 (3) (a), 11.0505 (3) (b), 11.0505 (3) (c), 11.0603 (1) (bd), 11.0605 (3) (a), 11.0605 (3) (b), 11.0605 (3) (c), 11.0703 (1) (bd), 11.0803 (1) (bd), 11.0903 (1) (bd), 11.1001 (3) (a), 11.1001 (3) (b), 11.1001 (3) (c), 11.1305, 13.62 (12t), 19.55 (2) (e), 19.55 (3) (e) 5. and 6., 19.55 (5) and 19.851 (3) of the statutes; relating to: recommendations from the Ethics Commission regarding campaign finance, lobbying, open records, and closed sessions.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
120,1Section 1. 11.0102 (2) (a) of the statutes is amended to read: 11.0102 (2) (a) Except as provided in pars. (c) and (d), each conduit or committee that is required to register and file with the commission under sub. (1) (a) shall annually pay a filing fee of $100 to the commission. The commission may accept payment under this subsection by credit card, debit card, or other electronic payment mechanism, and may charge a surcharge to that conduit or committee to recover the actual costs associated with the acceptance of that electronic payment.
120,2Section 2. 11.0102 (2) (b) of the statutes is amended to read: 11.0102 (2) (b) A conduit or committee that is subject to par. (a) shall pay the fee specified in par. (a) together with the report filed by that conduit or committee on the 15th day of the month of January in each year. If a conduit or committee that is subject to par. (a) registers under this chapter or changes status so that par. (a) becomes applicable to the conduit or committee during a calendar year, the conduit or committee shall pay the fee for that year with the filing of the conduit’s or committee’s registration statement or at any time before the change in status becomes effective.
120,3Section 3. 11.0102 (2) (e) of the statutes is created to read: 11.0102 (2) (e) Paragraph (a) does not apply to a conduit for any year during which the conduit does not release contributions totaling more than $2,500.
120,4Section 4. 11.0202 (2) (d) of the statutes is renumbered 11.0202 (2) (d) 1. and amended to read: 11.0202 (2) (d) 1. An individual who holds a state or local elective office and who becomes a candidate for a different state or local elective office may establish a second 2nd candidate committee under this subchapter for the purpose of pursuing a that different state or local office.
120,5Section 5. 11.0202 (2) (d) 2. of the statutes is created to read: 11.0202 (2) (d) 2. If the individual described under subd. 1. wins the election for which the individual created the 2nd candidate committee, and the individual is not eligible to continue to hold the first office, the individual shall terminate the first candidate committee as provided under s. 11.0105 no later than 180 days after the date the individual is sworn into the office for which the 2nd candidate committee was created. Residual funds of the first committee may be transferred as provided in s. 11.1114 or used or disposed of in any manner allowed by law.
120,6Section 6. 11.0202 (2) (d) 3. of the statutes is created to read: 11.0202 (2) (d) 3. If the individual described under subd. 1. wins the election for which the individual created the 2nd candidate committee, but the individual is still eligible to hold the first office, the individual shall maintain a committee for each office until such time as the individual resigns from, or a successor is sworn in to, the office. If the individual subsequently resigns from either office, or a successor is sworn into either office, the individual shall terminate the candidate committee for which the individual no longer holds office as provided under s. 11.0105 no later than 180 days after the date the individual resigns or a successor is sworn in. Residual funds of the terminated committee may be transferred as provided in s. 11.1114 or used or disposed of in any manner allowed by law.
120,7Section 7. 11.0202 (2) (d) 4. of the statutes is created to read: 11.0202 (2) (d) 4. If the individual described under subd. 1. loses the election for which the individual created the 2nd candidate committee, the individual shall terminate the 2nd candidate committee as provided in s. 11.0105 no later than 180 days after the date the winner of that election takes office. Residual funds of the 2nd committee may be transferred as provided in s. 11.1114 or used or disposed of in any manner allowed by law.
120,8Section 8. 11.0203 (1) (bd) of the statutes is created to read: 11.0203 (1) (bd) The email address and personal telephone number of the candidate, the candidate committee treasurer, and any other custodian of books and accounts. Telephone numbers provided under this paragraph shall be kept confidential and are not subject to the right of inspection and copying under s. 19.35 (1).
120,9Section 9. 11.0303 (1) (bd) of the statutes is created to read: 11.0303 (1) (bd) The email address and personal telephone number of the treasurer and any other custodian of books and accounts. Telephone numbers provided under this paragraph shall be kept confidential and are not subject to the right of inspection and copying under s. 19.35 (1).
120,10Section 10. 11.0403 (1) (bd) of the statutes is created to read: 11.0403 (1) (bd) The email address and personal telephone number of the treasurer and any other custodian of books and accounts. Telephone numbers provided under this paragraph shall be kept confidential and are not subject to the right of inspection and copying under s. 19.35 (1).
120,11Section 11. 11.0503 (1) (bd) of the statutes is created to read: 11.0503 (1) (bd) The email address and personal telephone number of the treasurer and any other custodian of books and accounts. Telephone numbers provided under this paragraph shall be kept confidential and are not subject to the right of inspection and copying under s. 19.35 (1).
120,12Section 12. 11.0505 (1) (a) 1. of the statutes is amended to read: 11.0505 (1) (a) 1. For express advocacy that will occur during the period beginning 60 days prior to the spring primary and ending on the date of the spring election, a political action committee spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the spring primary or spring election shall submit statements to the commission under par. (b) for express advocacy.
120,13Section 13. 11.0505 (1) (a) 2. (intro.) of the statutes is amended to read: 11.0505 (1) (a) 2. (intro.) For express advocacy that will occur during the period beginning 60 days prior to the partisan primary and ending on the date of the general election, a political action committee spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the partisan primary or general election shall submit statements to the commission under par. (b) for express advocacy as follows:
120,14Section 14. 11.0505 (1) (a) 3. of the statutes is amended to read: 11.0505 (1) (a) 3. For express advocacy that will occur during the period beginning 60 days prior to a special primary and ending on the date of the special election, a political action committee spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the special primary or special election shall submit statements to the commission under par. (b) for express advocacy.
120,15Section 15. 11.0505 (1) (b) 1. of the statutes is amended to read: 11.0505 (1) (b) 1. The dates on which the committee incurred the obligations or made the disbursements.
120,16Section 16. 11.0505 (1) (b) 2. of the statutes is amended to read: 11.0505 (1) (b) 2. The name and address of the obligees or persons who received the disbursements.
120,17Section 17. 11.0505 (1) (b) 3. of the statutes is amended to read: 11.0505 (1) (b) 3. The purpose for making the disbursements or incurring the obligations.
120,18Section 18. 11.0505 (1) (b) 4. of the statutes is amended to read: 11.0505 (1) (b) 4. The amount spent or incurred for each act of express advocacy.
120,19Section 19. 11.0505 (3) of the statutes is renumbered 11.0505 (3) (intro.) and amended to read: 11.0505 (3) Timing. (intro.) A political action committee that is required to report under this section shall submit the report to the commission no later than 72 hours after making the disbursements. the earliest of the following:
120,20Section 20. 11.0505 (3) (a) of the statutes is created to read: 11.0505 (3) (a) The date the obligation for express advocacy is incurred, if the political action committee has the information required to be reported under sub. (1) (b).
120,21Section 21. 11.0505 (3) (b) of the statutes is created to read: 11.0505 (3) (b) The date the express advocacy is aired, broadcast, printed, or otherwise disseminated to individuals other than any of the following:
1. The political action committee’s administrator, treasurer, volunteer, producer, consultant, media production partner, or focus group.
2. An officer or employee of the political action committee’s sponsoring organization.
120,22Section 22. 11.0505 (3) (c) of the statutes is created to read: 11.0505 (3) (c) The date of the disbursement.
120,23Section 23. 11.0603 (1) (bd) of the statutes is created to read: 11.0603 (1) (bd) The email address and personal telephone number of the treasurer and any other custodian of books and accounts. Telephone numbers provided under this paragraph shall be kept confidential and are not subject to the right of inspection and copying under s. 19.35 (1).
120,24Section 24. 11.0605 (1) (a) 1. of the statutes is amended to read: 11.0605 (1) (a) 1. For express advocacy that will occur during the period beginning 60 days prior to the spring primary and ending on the date of the spring election, an independent expenditure committee spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the spring primary or spring election shall submit statements to the commission under par. (b) for express advocacy.
120,25Section 25. 11.0605 (1) (a) 2. (intro.) of the statutes is amended to read: 11.0605 (1) (a) 2. (intro.) For express advocacy that will occur during the period beginning 60 days prior to the partisan primary and ending on the date of the general election, an independent expenditure committee spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the partisan primary or general election shall submit statements to the commission under par. (b) for express advocacy as follows:
120,26Section 26. 11.0605 (1) (a) 3. of the statutes is amended to read: 11.0605 (1) (a) 3. For express advocacy that will occur during the period beginning 60 days prior to a special primary and ending on the date of the special election, an independent expenditure committee spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the special primary or special election shall submit statements to the commission under par. (b) for express advocacy.
120,27Section 27. 11.0605 (1) (b) 1. of the statutes is amended to read: 11.0605 (1) (b) 1. The dates on which the committee incurred the obligations or made the disbursements.
120,28Section 28. 11.0605 (1) (b) 2. of the statutes is amended to read: 11.0605 (1) (b) 2. The name and address of the obligees or persons who received the disbursements.
120,29Section 29. 11.0605 (1) (b) 3. of the statutes is amended to read: 11.0605 (1) (b) 3. The purpose for making the disbursements or incurring the obligations.
120,30Section 30. 11.0605 (1) (b) 4. of the statutes is amended to read: 11.0605 (1) (b) 4. The amount spent or incurred for each act of express advocacy.
120,31Section 31. 11.0605 (3) of the statutes is renumbered 11.0605 (3) (intro.) and amended to read: 11.0605 (3) Timing. (intro.) An independent expenditure committee that is required to report under this section shall submit the report to the commission no later than 72 hours after making the disbursements. the earliest of the following:
120,32Section 32. 11.0605 (3) (a) of the statutes is created to read: 11.0605 (3) (a) The date the obligation for express advocacy is incurred, if the independent expenditure committee has the information required to be reported under sub. (1) (b).
120,33Section 33. 11.0605 (3) (b) of the statutes is created to read: 11.0605 (3) (b) The date the express advocacy is aired, broadcast, printed, or otherwise disseminated to individuals other than any of the following:
