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LRB-5166/1
JK:cdc
2021 - 2022 LEGISLATURE
December 7, 2021 - Introduced by Representatives Wichgers, Cabral-Guevara,
Murphy and Spiros, cosponsored by Senator Bernier. Referred to Committee
on State Affairs.
AB755,2,9 1An Act to repeal 11.0104 (1) (b), 11.0104 (4) and 11.1302; to renumber and
2amend
11.1103 (1) and 11.1103 (2); to amend 11.0101 (7), 11.0102 (2) (a),
311.0104 (1) (a), 11.0104 (2), 11.0104 (3), 11.0104 (5), 11.0105 (1) (a), 11.0201 (4),
411.0204 (1) (a) 7. (intro.), 11.0204 (2) (c), 11.0204 (3) (b), 11.0204 (4) (c), 11.0204
5(4) (d), 11.0204 (5) (b), 11.0204 (5) (c), 11.0204 (6) (a), 11.0204 (6) (b), 11.0204 (7),
611.0304 (1) (a) 7. (intro.), 11.0304 (2) (c), 11.0304 (3) (b), 11.0304 (4) (c), 11.0304
7(4) (d), 11.0304 (5) (b), 11.0304 (5) (c), 11.0304 (7), 11.0404 (1) (a) 7. (intro.),
811.0404 (2) (c), 11.0404 (2) (d), 11.0404 (3) (b), 11.0404 (3) (c), 11.0404 (4),
911.0504 (1) (a) 7. (intro.), 11.0504 (2) (c), 11.0504 (3) (b), 11.0504 (4) (c), 11.0504
10(4) (d), 11.0504 (5) (b), 11.0504 (5) (c), 11.0604 (1) (a) 7. (intro.), 11.0604 (2) (c),
1111.0604 (3) (b), 11.0604 (4) (c), 11.0604 (4) (d), 11.0604 (5) (b), 11.0604 (5) (c),
1211.0704 (2), 11.0704 (3) (a), 11.0704 (4) (a), 11.0704 (4) (b), 11.0704 (5) (a),
1311.0704 (5) (b), 11.0804 (1) (a) 6. (intro.), 11.0804 (2) (c), 11.0804 (3) (b), 11.0804
14(4) (c), 11.0804 (4) (d), 11.0804 (5) (b), 11.0804 (5) (c), 11.0904 (1) (a) 7. (intro.),

111.0904 (2) (c), 11.0904 (3) (b), 11.0904 (4) (c), 11.0904 (4) (d), 11.0904 (5) (b),
211.0904 (5) (c), 11.1113 (3) and 11.1303 (2) (a); to repeal and recreate 11.0505
3(1) (a), 11.0605 (1) (a) and 11.1001 (1) (a); and to create 11.0101 (7m), 11.0103
4(3) (a) 4., 11.0104 (1) (bm) to (e), 11.0204 (4) (e), 11.0204 (5) (cm), 11.0204 (6) (c),
511.0304 (4) (e), 11.0304 (5) (cm), 11.0404 (2) (e), 11.0404 (3) (cm), 11.0504 (4) (e),
611.0504 (5) (cm), 11.0604 (4) (e), 11.0604 (5) (cm), 11.0704 (4) (c), 11.0704 (5)
7(bm), 11.0804 (4) (e), 11.0804 (5) (d), 11.0904 (4) (e), 11.0904 (5) (d), 11.1103 (1)
8(a) and (b), 11.1103 (2) (a) and (b) and 11.1103 (3) of the statutes; relating to:
9campaign 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:
AB755,1 1Section 1 . 11.0101 (7) of the statutes is amended to read:
AB755,3,62 11.0101 (7) “Conduit" means a person other than an individual that receives
3a contribution of money from an individual, deposits the contribution in an account
4held by the person, and releases the contribution to a candidate committee,
5legislative campaign committee, political party, or political action
committee at the
6direction of the contributor.
AB755,2 7Section 2 . 11.0101 (7m) of the statutes is created to read:
AB755,4,2
111.0101 (7m) “Continuing report” means the reports due on January 15 and
2July 15.
AB755,3 3Section 3 . 11.0102 (2) (a) of the statutes is amended to read:
AB755,4,94 11.0102 (2) (a) Except as provided in pars. (c) and (d), each committee that is
5required to register under this chapter and file with the commission under sub. (1)
6(a)
shall annually pay a filing fee of $100 to the commission. The commission may
7accept payment under this subsection by credit card, debit card, or other electronic
8payment mechanism, and may charge a surcharge to that committee to recover the
9actual costs associated with the acceptance of that electronic payment.
AB755,4 10Section 4 . 11.0103 (3) (a) 4. of the statutes is created to read:
AB755,4,1211 11.0103 (3) (a) 4. September 23 in the case of a September report required
12under this chapter.
AB755,5 13Section 5 . 11.0104 (1) (a) of the statutes is amended to read:
AB755,4,2414 11.0104 (1) (a) Except as provided in par. (b) (bm), any committee which does
15not anticipate accepting or making contributions, making disbursements, or
16incurring obligations, and any conduit which does not anticipate accepting or
17releasing contributions, in an aggregate amount exceeding $2,000 $2,500 in a
18calendar year may file claim an exemption from filing campaign finance reports by
19filing a registration statement or
an amended registration statement with the
20appropriate filing officer indicating that fact the necessary facts, as described in this
21paragraph, to claim the exemption
. The committee or conduit shall certify the
22registration statement or amended registration statement in the manner required
23under s. 11.0103 (3) (c) and shall include the information required to be reported by
24that committee or conduit on its continuing reports
.
AB755,6 25Section 6 . 11.0104 (1) (b) of the statutes is repealed.
AB755,7
1Section 7. 11.0104 (1) (bm) to (e) of the statutes are created to read:
AB755,5,72 11.0104 (1) (bm) 1. A candidate committee of a candidate for state office may
3not claim the exemption under par. (a) during the calendar year of an election in
4which the candidate is appearing on the ballot or participating as a write-in
5candidate and shall file the continuing report that is due on January 15 of the year
6after he or she appeared on the ballot or participated as a write-in candidate, unless
7the committee has dissolved, as provided in s. 11.0105.
AB755,5,128 2. A candidate committee of a candidate for state office may claim the
9exemption under par. (a) during the calendar year after the year in which the
10candidate appeared on the ballot or participated as a write-in candidate by filing an
11amended registration statement no sooner than the day after the election and no
12later than January 15 of the year after the election.
AB755,5,1613 3. A candidate committee of a candidate for state office may claim the
14exemption under par. (a) during a subsequent year by filing an amended registration
15statement no later than December 31 of the year preceding the year in which the
16exemption will apply.
AB755,5,2017 4. A candidate committee of a candidate for state office that fails to claim the
18exemption under par. (a) before the expiration of the deadline under subd. 2. or 3.,
19as applicable, is ineligible for the exemption and shall file all required campaign
20finance reports for the following calendar year.
AB755,6,221 (c) A candidate committee of a candidate for local office is eligible for an
22exemption under par. (a) at any time and may claim the exemption on its initial
23registration statement or on an amended registration statement. An exemption
24claimed under this paragraph applies until the committee exceeds the threshold

1established under par. (a), amends its registration statement to become a state
2candidate committee, or is dissolved, as provided in s. 11.0105.
AB755,6,83 (d) If a filing officer receives a registration statement or amended registration
4statement seeking to claim the exemption under par. (a) and the filing officer knows
5that the candidate committee is not eligible for the exemption, the filing officer shall
6accept the registration but notify the committee within 10 business days that it is not
7eligible for the exemption for that calendar year. The notice shall also indicate that
8the committee is required to file campaign finance reports.
AB755,6,129 (e) A candidate whose candidate committee files a registration statement or
10amended registration statement incorrectly claiming the exemption may not be
11denied placement on the ballot if the registration statement or amended registration
12statement otherwise complies with the requirements of this chapter.
AB755,8 13Section 8 . 11.0104 (2) of the statutes is amended to read:
AB755,6,2114 11.0104 (2) Upon receipt of a properly executed registration statement or
15amended registration statement by a committee or conduit, the appropriate filing
16officer shall suspend the requirement imposed upon that committee or conduit by
17this chapter to file continuing campaign finance reports. An indication of limited
18activity
exemption under this section is effective only for the calendar year in which
19it is granted,
as provided under sub. (1) (bm) unless the committee or conduit alters
20its status by filing an amended registration statement before the end of such year or
21files by filing a termination report under s. 11.0105.
AB755,9 22Section 9 . 11.0104 (3) of the statutes is amended to read:
AB755,7,323 11.0104 (3) An indication of limited activity exemption made under sub. (1) this
24section
may be revoked. If revoked, the committee or conduit shall comply with the
25reporting requirements applicable to the committee or conduit under this chapter as

1of the date of revocation, or the date that aggregate contributions, disbursements,
2or obligations for the calendar year exceed $2,000 $2,500. If the revocation is not
3timely, the committee or conduit violates s. 11.1201.
AB755,10 4Section 10 . 11.0104 (4) of the statutes is repealed.
AB755,11 5Section 11 . 11.0104 (5) of the statutes is amended to read:
AB755,7,106 11.0104 (5) If a committee or conduit files an amended registration statement
7under sub. (1) and within 60 days thereafter receives and accepts an unanticipated
8contribution that results in the committee or conduit exceeding the threshold
9established under sub. (1) (a)
, the committee or conduit shall do one of the following
10within 60 days after receipt of the unanticipated contribution:
AB755,7,1911 (a) File Immediately file an amended registration statement revoking the
12exemption
. An amended registration statement supersedes the previous
13registration statement. The individual who certifies to the accuracy of the
14registration statement shall also certify that the amended registration statement is
15filed on account of the receipt of unanticipated contributions and the failure to file
16a correct registration statement was not intentional. Thereafter, the committee or
17conduit shall file all required campaign finance reports for the remainder of the
18calendar year. Except as provided in sub. (1) (bm) 1., the committee or conduit may
19again claim the exemption for the next calendar year.
AB755,7,2220 (b) Return the contribution to the contributor or donate the contribution to the
21common school fund or to a charitable organization no later than 15 days from the
22date on which the contribution is received
.
AB755,12 23Section 12 . 11.0105 (1) (a) of the statutes is amended to read:
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