Other Reform Legislation
Posted: March 17, 2003
Updated: April 19, 2004
Only three campaign and elections-related bills, which we reported on below, were received by the Governor for action in the 2003 legislative session. AB 111 was vetoed; AB 1 was enacted as 2003 WI Act 39,and AB 600 is now WI Act 265. The remaining list of bills, having not received further action beyond that reported below, are considered dead this session unless a special or extraordinary session is called. Such action, however, is not likely to occur.
Assembly Bill 1
Assembly Bill 111
Assembly Bill 116
Assembly Bill 117
Assembly Bill 119
Assembly 122
Assembly Bill 386
Assembly Bill 600
Assembly Bill 825
Assembly Bill 852
Assembly Bill 911
Assembly Joint Resolution 47
Senate Bill 68
Senate Bill 79
Senate Bill 337
Senate Bill 545
WDC Testimony
Assembly Bill 1 [2003 WI Act 39]
In Wisconsin, no person may give a state public official anything of value in an attempt to influence legislative action. However, campaign contributions were not explicitly included in this prohibition.
Assembly Bill 1 and its companion bill, Senate Bill 22, were known as the “pay-to-play” bills. They sought to close this loophole by making it illegal to exchange legislative action or inaction for campaign contributions. This explicit ban on trading policy favors for campaign donations is one piece of the comprehensive campaign reform bill introduced this session as Senate Bill 12, which is largely based on the Wisconsin Democracy Campaign’ “Voters First” reform plan.
Assembly Bill 1 and Senate Bill 22 were sponsored by Representative Mark Gundrum (R-New Berlin), Senator Tom Reynolds (R-West Allis) and 49 other legislators from both parties in both houses.
Assembly Bill 1 passed the Assembly on January 28, 2003. Assembly amendments made an offense a felony and provided additional forums on which a complainant could seek action if the Ethics Board failed. The Senate Education, Ethics and Elections Committee approved both bills (SB 22 was amended to identical form as AB 1) on May 14, 2003 after they were strengthened by a WDC-initiated amendment that applies the law to all state and local public officials and candidates for state and local office, not just current state legislators. The amended version of AB 1 passed both the Senate and Assembly on June 4. Assembly Bill 1 was enacted (2003 WI Act 39) on August 11, 2003.
WDC feels Act 39 will not stop campaign donations from flowing in, nor will it stop political favors from being doled out. Passage of comprehensive reforms as found in SB 12, which includes the “pay-to-play” ban, is the solution.
Assembly Bill 111
Assembly Bill 111 requires a person to present a Wisconsin driver’ license or photo identification card issued by the Wisconsin Department of Transportation in order to vote. The final version had been amended to permit religious exemption to being photographed.
The bill was sponsored by Representative Jeff Stone (R-Greendale), Senator Joe Leibham (R-Sheboygan) and 25 other legislators. Both houses passed the amended bill in June. Governor vetoed the bill on August 5, 2003. The Assembly failed to override the veto with a 61 to 37 vote on October 2, 2003.
The Wisconsin Democracy Campaign opposes AB 111 and its companion bill, SB 68. The problem is not that it is too easy to vote, but that people do not vote because they do not think it will do any good.
Assembly Bill 116
Assembly Bill 116 prohibits any candidate or campaign treasurer from using public grant money from the Wisconsin election campaign fund to make a false representation about a candidate that is intended to affect the outcome of an election. This bill permits the Elections Board to recover any grant money used for false representations from a candidate’ personal campaign committee or from the candidate personally or campaign treasurer personally if the board cannot recover the funds from the candidate’ campaign committee.
Assembly Bill 116, sponsored by Representative David Ward (R-Fort Atkinson), Senator Cathy Stepp (R-Sturtevant) and 16 other legislators, passed the State Assembly on March 18, 2003. A public hearing was held on September 10, 2003 by the Senate Education, Ethics and Elections Committee.
Assembly Bill 117
Political party members in either house of the legislature may organize a “legislative campaign committee” to support the candidacy of their party members for legislative office. Currently, legislative campaign committees are subject only to limits on aggregate contributions, not individual contributions.
Assembly Bill 117 eliminates the special status of legislative campaign committees and subjects them to the same contribution limits as other political action committees.
This bill also increases the amount that a committee may contribute to a political party from the current $6,000 to $18,000. The amount that a political party can receive from all committees during a biennium also increases from $150,000 to $450,000.
Assembly Bill 117 is sponsored by Representative Steve Freese (R-Dodgeville), Senator Dale Schultz (R-Richland Center), and 9 other legislators. The Assembly Campaigns and Elections Committee voted on the bill on March 6, 2003, and sent it out of the committee without a recommendation. AB 117 waits scheduling before the State Assembly.
Assembly Bill 119
Currently, nonresident committees or registrants only need to report their sources of income, loans, transfers, and disbursements pertaining to state or local Wisconsin elections on their Wisconsin campaign finance reports. Assembly Bill 119 requires nonresident registrants to report all sources of income, loans, transfers and disbursements, not just those pertaining to Wisconsin elections.
Assembly Bill 119, sponsored by Representative Lorraine Seratti (R-Spread Eagle), Senator Sheila Harsdorf (R-River Falls), and 14 other legislators, passed the Assembly on March 18, 2003, and the Senate Education, Ethics and Elections Committee on September 17, 2003. There was Senate floor debate at the March 12, 2004 Extraordinary Session. An amendment to regulate "issue ads" was introduced on the floor by Senate Democrats; it was found non-germane to the proposal and tabled.
Assembly Bill 122
This bill, sponsored by Representative Steve Freese (R-Dodgeville) and 6 other Assembly Republicans, prohibits a person, committee, or group from accepting a political contribution made by any person that is derived in whole or in part from the net proceeds of a gambling operation.
The Assembly Campaigns and Elections Committee held a public hearing on this bill on March 6, 2003. At the hearing, concerns were raised about the vagueness and unconstitutionality of the bill.
While the legislation addresses donations from Indian gaming interests, it does nothing about the $53 million worth of donations made by special interests that get over $5 billion a year in special favors, as outlined in WDC’ Graft Tax report.
Assembly Bill 386
Assembly Bill 386 was Introduced June 5, 2003 by Representatives Pope-Roberts, Pocan, Black, Travis, Cullen, Berceau, Taylor, Morris, Huber, Plouff, J. Lehman, Richards and Shilling; cosponsored by Senators Erpenbach, Hansen, Robson, Carpenter and M. Meyer. Committee on Campaigns and Elections public hearing was held July 24, 2003.
WDC supports AB 386, referred to as “Stand by your ad” legislation. It relates to disclosures required in certain campaign advertisements. Currently-regulated campaign ads would be required to have the candidate or specified lead organizational representative featured in the advertisement.
Assembly Bill 600 [2003 WI Act 265]
Assembly Bill 600 was introduced by the Assembly Committee on Campaigns and Elections at the request of the state Elections Board on October 17, 2003. It implements provisions of the federal Help America Vote Act of 2002 (HAVA). The stated goal of HAVA is to improve the voting process for people with disabilities, decrease the potential for fraud in elections and to modernize the election process on a state-by-state basis.
Once state legislation implementing HAVA is enacted, Wisconsin will be eligible for federal funds. Required matching state funds are appropriated through Assembly Bill 601. AB 600 authorizes a federally-designated “protection and advocacy agency” to engage in activities to ensure full participation in the electoral process for eligible electors with intellectual and developmental disabilities (except for those currently disqualified from voting due to specified disability). This agency in Wisconsin is the Wisconsin Coalition for Advocacy, a private nonprofit organization and WDC coalition member. The federal funds will be used to help WCA with voter registration and education of people with disabilities. The federal funds also will be used by the state Elections Board to institute a statewide voter registration list; purchase accessible voting equipment that allow casting of private ballots by all voters; survey polling sites for accessibility and make polling sites accessible; train poll workers; better educate citizens on voting in Wisconsin; as well as provide an additional procedure for grievances.
A public hearing on AB 600 was held on October 15, 2003. Four amendments were passed by the Assembly committee during executive session on October 27. Several of these amendments contradict the federal law relating to advocacy and education activities of the WCA. One removes application of activities to those with "mental illnesses" and another significantly narrows the time frame in which the activities may be undertaken. The full Assembly voted to pass the bill with all 4 amendments on November 5.
Senate Committee on Education, Ethics and Elections held a public hearing on December 17, 2003, at which WDC testified in support of WCA’ recommended changes. On January 28, 2004 the Senate approved a committee-introduced amendment that returns the Wisconsin election reform plan to compliance with federal law by deleting all references to the protection and advocacy agency. No amendments were introduced on the floor regarding requiring voter identification cards. The Senate did, however, pass on a partisan vote a second amendment relating to oversight of state HAVA activities by the Joint Committee on Finance. Senators Darling and Welch introduced this amendment because they felt the State Elections Board could not be trusted to manage the funds citing past failures to institute electronic filing. Given this stated mistrust, WDC urges lawmakers instead to go to the root of the problem and support legislation to restructure the Board through a merger with the Wisconsin Ethics Board as recommended in SB 11.
AB600 passed the Senate and Assembly with both amendments. Governor Doyle signed 2003 WI Act 265 into law on April 15, 2004.
Assembly Bill 825
AB 825 was introduced February 9, 2004 by Reps. Pocan, Berceau, Black, Boyle, Miller, Plouff, Pope-Roberts, Sinicki, Turner and Vruwink; co-sponsored by Sens. Risser, Carpenter, Chvala and Coggs; and referred to Assembly Committee on Campaigns & Elections.
It replaces the Wisconsin Election Campaign Fund (WECF) with a Clean Elections Fund, which provides full funding to all campaigns for statewide/constitutional offices (last session’ version covered only governor and legislature). It includes primaries. The bill removes spending limits and self-contribution limits. They propose a 1% vote threshold instead of current 6% to qualify. The bill sets a minimum number of $5 individual contributions by office for grant eligibility.
WDC took no position on AB 825. It is not expected to progress this session.
Assembly Bill 852
AB 852 was introduced on February 19, 2004, by Rep. Spencer Black and referred to the Assembly Committee on Campaigns and Elections.
This bill treats conduit contributions as committee contributions (makes them subject to committee limits), not just individual limits. It is different from the SB 12 provision in that individual contributions may not be used as part of grant eligibility fund raising requirements.
WDC took no position.
Assembly Bill 911
AB 911 was introduced on February 26, 2004 by Rep. Gottlieb, and referred to Assembly Committee on Campaigns and Elections.
AB 911 allows preferential voting or instant run-off voting (more on instant run-off voting) in local nonpartisan elections (it is optional and revocable at the local government’ discretion). It is proposed to save taxpayer’ money by eliminating a spring primary in non-presidential years and shortening the election cycle, as well as to eliminate the need for candidates to fund two elections.
WDC took no position.
Assembly Joint Resolution 47
AJR 47 directs the Joint Legislative Council to study and recommend legislation providing for redistricting by an independent citizens commission. The 2001-2002 redistricting process created “safe” congressional and state legislative districts for entrenched incumbents. AJR 47 is a first step toward less politically motivated congressional and legislative districts, and the resulting extreme and fruitless partisan politics. By changing the redistricting process in Wisconsin to allow for more competitive elections with meaningful choices, Wisconsin voters can be empowered, citizen trust in the democratic process can be reestablished, and state and federal government accountability can be restored.
AJR 47 was introduced on September 29, 2003 by Representatives Black, Berceau, Miller, J. Lehman, Plouff, Taylor and Pocan; and cosponsored by Senators Carpenter, Risser and M. Meyer. It was referred to committee on Campaigns and Elections.
Senate Bill 79
Senate Bill 79 was introduced by Senators Carpenter and Hansen on March 20, 2003; and cosponsored by Representatives Miller, McCormick, Zepnick and Sinicki. A public hearing was held on September 10, 2003 by the Senate Committee on Education, Ethics and Elections.
The bill requires candidates or personal campaign committees provide, as part of their continuing campaign committee reporting, statements from financial institutions where the campaign has an account.
Senate Bill 337
Senate Bill 337 was introduced by Senators Harsdorf, Schultz, Brown, Stepp, Ellis and Cowles on December 3, 2003; co-sponsored by Reps. Freese, Gundrum, Pocan, Black, Kestell, Musser, M Lehman, LeMahieu, Ladwig, Bies, Olsen, McCormick, Van Roy, Hahn, Hines, Petrowski, Pope-Roberts, Lottlieb and Seratti.
The bill bans campaign fund raising during the state budget process. Comprehensive reform package, Senate Bill 12, includes this same provision.
WDC testified in favor of the legislation at a public hearing held by the Senate Committee on Education, Ethics, and Elections on February 25, 2004. It was suggested at the hearing that the prohibitive period begin immediately following the election in November rather than wait until the first of the budget formulation year.
Senate Bill 545
SB 545 was introduced March 10, 2004, at the end of the 2003 legislative session by Senators Hansen and Harsdorf; co-sponsors are Reps. Miller, Berceau and Pocan. It was referred to the Committee on Senate Organization.
The bill creates a new procedure for the preparation of legislative and congressional redistricting plans. It directs the Legislative Reference Bureau (LRB) to draw redistricting plans based upon standards specified in the bill (e.g., the plan must be nonpartisan in that LRB may not use residence addresses of incumbent legislators or members of Congress, political affiliations of registered voters, previous election results or demographic information except as necessary to meet Voting Rights Act requirements), and establishes a Redistricting Advisory Commission to perform tasks specified in bill. The Commission would consist of 5 members. The speaker and minority leader of the assembly and the majority and minority leaders of the senate must each appoint one person to serve on the commission. These 4 appointed commission members then select the fifth commission member who serves as chair. Commission members must be eligible Wisconsin voters, not hold partisan public office or political party office, and cannot be a relative of or employed by a member of the Legislature and Congress, or employed by the Legislature and Congress directly.
WDC supports reform of the redistricting process and has called for an independent citizen commission to redraw legislative and congressional districts, along the lines of the system in Iowa.
