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.