Senate Bill 40
Public financing of campaigns for the office of justice of the supreme court, making appropriations, and providing penalties
Topics: Elections: Campaign expense, Income tax: Return, Legislature: Criminal Penalties, Joint Review Committee on, Supreme Court, Treasurer: State
Became law
The governor signed it on Dec 1, 2009. It's . Before signing, the governor struck some parts using Wisconsin's .
-
Introduced, passed
Feb 5, 2009
-
Committee, passed
Approved
-
Senate vote, passed
Passed Nov 5, 2009
-
Assembly vote, passed
Passed 51 to 42
-
Governor, passed
Signed
-
Law, here now
2009 Wisconsin Act 89
Latest entry in the official record, May 26, 2010: “Failed to pass pending partial veto notwithstanding the objections of the Governor pursuant to Joint Rule 82”
Following saves it on this device. New actions show on your Following page. You can also get updates in a feed reader.
Terms on this page
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act. More in the glossary
Partial veto
Wisconsin's governor can strike parts of a budget bill and sign the rest into law.
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it does
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
This bill makes numerous changes in the campaign finance law affecting campaigns for the office of justice of the supreme court. The bill limits the application of the Wisconsin election campaign fund, under which eligible candidates for certain state offices (including justice of the supreme court) may currently receive public grants from state general purpose revenues derived from designations made by individuals filing state income tax returns, to state offices other than the office of justice. To finance elections for the office of justice of the supreme court, the bill creates a democracy trust fund under which eligible candidates for this office may receive public grants derived from general purpose revenues.
Under the bill, a candidate for the office of justice of the supreme court may qualify for public financing from the democracy trust fund to finance a campaign in a primary or election by receiving qualifying contributions from at least 1,000 separate contributors who are electors of this state in amounts of not less than $5 nor more than $100 in an aggregate amount of at least $5,000 but not more than $15,000.
Read the full summary Show less
A candidate who accepts public financing may also accept "seed money" contributions from electors of this state in amounts of $100 or less, subject to aggregate limitations, and may contribute personal funds in specified amounts during specified periods. In order to qualify for a public financing benefit for the primary, a candidate at the spring primary must have an opponent who qualifies to have his or her name appear on the ballot at the primary, and in order to qualify for a public financing benefit for the spring election, a candidate at the election must have an opponent who qualifies to have his or her name appear on the ballot at the election. A candidate who accepts a public financing benefit may not accept any contributions other than qualifying and seed money contributions and contributions from personal funds within the limitations permitted. Public financing benefits for eligible candidates are $100,000 in the spring primary and $300,000 in the spring election. The benefits are subject to a biennial cost of living adjustment. A candidate who accepts more than a specified amount of qualifying or seed money contributions has the excess deducted from his or her public financing benefit. In addition, if a candidate's opponent declines to accept a public financing benefit and makes expenditures in a total amount that exceeds by more than 5 percent the amount permitted for a candidate who accepts a public financing benefit, the candidate who accepts a public financing benefit receives additional funding equivalent to the excess expenditures made by his or her opponent, but may not receive more than three times the amount of the public financing benefit for the office that the candidate seeks. A candidate also receives additional public financing equivalent to any independent expenditures made against the candidate or in support of his or her opponents if those expenditures exceed by more than 20 percent the amount of the public financing benefit for the office that the candidate seeks, but may not receive more than three times the amount of that benefit.
The bill provides that if a candidate makes disbursements that exceed the total amount of the public financing benefit allocated to the candidate and the total qualifying and seed money contributions lawfully accepted by the candidate, the candidate is subject to a forfeiture (civil penalty) of not more than ten times the amount by which his or her disbursements exceed the allocation. In addition, the bill provides that a candidate who accepts contributions in excess of any limitation imposed under the bill is subject to a forfeiture of not more than ten times the amount by which the contributions exceed the applicable limitation. The bill also provides that if any candidate or agent of a candidate knowingly accepts more contributions than the candidate is entitled to receive, or makes disbursements exceeding the total amount of the public financing benefit received by the candidate and the qualifying and seed money contributions lawfully received by the candidate, the candidate or agent may be fined not more than $25,000 or imprisoned for not more than ten years, or both. Under the bill, any person who, in connection with the receipt or disbursement of a public financing benefit, knowingly provides false information to the Government Accountability Board, or knowingly conceals or withholds information from the board, is subject to the same penalty.
Currently, a candidate for the office of justice of the supreme court may qualify to receive a grant from the Wisconsin election campaign fund for use in an election campaign only (no funding is provided for primary campaigns). In order to qualify for a grant, a candidate must qualify to have his or her name appear on the spring election ballot and must have an opponent who qualifies to have his or her name appear on that ballot. The maximum amount of a grant that a candidate may receive is $97,031. This amount is not subject to any cost of living adjustment. In addition, this amount is reduced by the total amount of contributions received by a candidate from special interest committees and this amount may not be fully funded in a particular year if there are not sufficient moneys in the Wisconsin election campaign fund to provide full financing for all qualifying candidates. A candidate must agree to abide by spending and self-contribution limits in order to receive a grant, but this agreement does not apply if the candidate has an opponent who could have qualified for a grant but declines to do so and declines to file an affidavit of voluntary compliance with spending and self-contribution limits.
Currently, individuals and committees making political contributions to candidates for the office of justice of the supreme court are subject to limitations on the amount or value of any contribution or contributions that may be made cumulatively to any candidate in a campaign. The limitations are $10,000 in the case of an individual making a contribution to a candidate and $8,625 in the case of a committee making a contribution to a candidate. This bill replaces these limitations with a contribution limitation of $1,000 applicable to an individual or committee making any contribution or contributions cumulatively during a campaign period to any candidate for the office of justice of the supreme court who is eligible to qualify for a public financing benefit but who declines to accept one.
Under current law, the Wisconsin election campaign fund is financed through an individual income tax "checkoff." Every individual filing a state income tax return who has a tax liability or is entitled to a tax refund may direct that $1 of general purpose revenue be transferred to the fund. Individuals filing a joint return may separately choose whether to direct that the $1 transfer be made. The designation does not increase an individual's tax liability nor reduce an individual's refund. This bill increases the amount of the individual income tax checkoff for the Wisconsin election campaign fund from $1 to $3. Under the bill, individuals filing a joint return may separately choose whether to make the $3 checkoff. Under the bill, $2 of each $3 designation is deposited into the democracy trust fund, and the remaining $1 is deposited into the Wisconsin election campaign fund, as currently provided. If the total designations do not generate sufficient general purpose revenues to fully fund the costs of public grants and administration of the democracy trust fund, the bill appropriates additional general purpose revenues to finance those costs.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.
Who's behind it
12 senators are its . 11 are Democrats and 1 is a Republican.
26 more lawmakers .
See all 38 names Hide the names
Authors (12)
- Jon Erpenbach · Democrat, Senate
- Dave Hansen · Democrat, Senate
- Pat Kreitlow · Democrat, Senate
- Julie M. Lassa · Democrat, Senate
- John Lehman · Democrat, Senate
- Mark Miller · Democrat, Senate
- Fred A. Risser · Democrat, Senate
- Dale Schultz · Republican, Senate
- Jim Sullivan · Democrat, Senate
- Lena Taylor · Democrat, Senate
- Kathleen Vinehout · Democrat, Senate
- Bob Wirch · Democrat, Senate
Signed on in support (26)
- Chuck Benedict · Democrat, Assembly
- Terese Berceau · Democrat, Assembly
- Spencer Black · Democrat, Assembly
- Tim Carpenter · Democrat, Senate
- Fred Clark · Democrat, Assembly
- David Cullen · Democrat, Assembly
- Michael Ellis · Republican, Senate
- Phil Garthwaite · Democrat, Assembly
- Tamara Grigsby · Democrat, Assembly
- Gary Hebl · Democrat, Assembly
- Steve Hilgenberg · Democrat, Assembly
- Gordon Hintz · Democrat, Assembly
- Mary Hubler · Democrat, Assembly
- Andy Jorgensen · Democrat, Assembly
- Frederick Kessler · Democrat, Assembly
- Louis Molepske Jr. · Democrat, Assembly
- Joe Parisi · Democrat, Assembly
- Mark Pocan · Democrat, Assembly
- Sondy Pope · Democrat, Assembly
- Jon Richards · Democrat, Assembly
- Kelda Roys · Democrat, Senate
- Shilling
- Jeff Smith · Democrat, Senate
- Tony Staskunas · Democrat, Assembly
- Robert Turner · Democrat, Assembly
- Josh Zepnick · Democrat, Assembly
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
Versions and amendments
Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.
How lawmakers voted
There were 6 votes on this bill.
Senate Committee on Judiciary vote to recommend it
Passed, 3 to 2 · Aug 25, 2009
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report passage recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 3, Noes 2”. Official record · This vote on its own page
Joint Committee on Finance vote on an amendment
Passed, 15 to 0 · Nov 4, 2009
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report introduction of Senate Amendment 1 recommended by joint committee on Finance, Ayes 15, Noes 0 by joint committee on Finance”. Official record · This vote on its own page
Assembly vote to pass it
Passed, 51 to 42 · Nov 5, 2009
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Read a third time and concurred in, Ayes 51, Noes 42, Paired 2”. Official record · This vote on its own page
Senate vote on an amendment
Failed, 15 to 17 · Nov 5, 2009
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Refused to adopt Senate amendment 5, Ayes 15, Noes 17”. Official record · This vote on its own page
Senate vote
Passed, 17 to 15 · Nov 5, 2009
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Decision of the Chair stands as the judgement of the Senate, Ayes 17, Noes 15”. Official record · This vote on its own page
Senate vote to pass it
Passed, 19 to 13 · Nov 5, 2009
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Read a third time and passed, Ayes 19, Noes 13”. Official record · This vote on its own page
What happened
-
May 26, 2010
The veto stood. Lawmakers didn't override it.
-
May 24, 2010
“Partial veto placed on calendar 5-25-2010 pursuant to Joint Rule 82(2)(a)” (the official wording)
-
Dec 3, 2009
The new law was published.
-
Dec 1, 2009
The governor signed it after striking some parts with a partial veto. It became 2009 Wisconsin Act 89.
-
Nov 30, 2009
Sent to the governor.
-
Nov 5, 2009
The Assembly passed it too, 51 to 42.
-
Nov 5, 2009
“Read” (the official wording)
-
Nov 5, 2009
The Assembly received it.
-
Nov 5, 2009
The Senate passed it, 19 to 13.
-
Nov 5, 2009
“Point of order that Senate amendment 6 not germane well taken” (the official wording)
-
Nov 5, 2009
The Senate adopted it.
-
Nov 5, 2009
1 more senator signed on in support.
-
Nov 4, 2009
The committee voted to recommend passing it, 11 to 4.
-
Nov 4, 2009
“Report adoption of Senate Amendment 4 recommended by joint committee on Finance, Ayes 11, Noes 4” (the official wording)
-
Nov 4, 2009
“Report introduction of Senate Amendment 4 recommended by joint committee on Finance, Ayes 15, Noes 0 by joint committee on Finance” (the official wording)
-
Nov 4, 2009
“Report adoption of Senate Amendment 3 recommended by joint committee on Finance, Ayes 11, Noes 4” (the official wording)
-
Nov 4, 2009
“Report introduction of Senate Amendment 3 recommended by joint committee on Finance, Ayes 15, Noes 0 by joint committee on Finance” (the official wording)
-
Nov 4, 2009
“Report adoption of Senate Amendment 2 recommended by joint committee on Finance, Ayes 15, Noes 0” (the official wording)
-
Nov 4, 2009
“Report introduction of Senate Amendment 2 recommended by joint committee on Finance, Ayes 15, Noes 0 by joint committee on Finance” (the official wording)
-
Nov 4, 2009
“Report adoption of Senate Amendment 1 recommended by joint committee on Finance, Ayes 15, Noes 0” (the official wording)
-
Nov 4, 2009
“Report introduction of Senate Amendment 1 recommended by joint committee on Finance, Ayes 15, Noes 0 by joint committee on Finance” (the official wording)
-
Sep 24, 2009
1 more senator signed on in support.
-
Sep 8, 2009
Sent to the Joint Committee on Finance.
-
Aug 25, 2009
The committee voted to recommend passing it, 3 to 2.
-
May 27, 2009
The committee held a public hearing.
-
Apr 24, 2009
A state agency sent in its estimate of the cost.
-
Apr 21, 2009
A state agency sent in its estimate of the cost.
-
Apr 14, 2009
A state agency sent in its estimate of the cost.
-
Feb 5, 2009
Sent to the Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.
-
Feb 5, 2009
Introduced in the Senate.
See the official record, word for word Hide the official record
- Feb 5, 2009 · Senate
Introduced by Senators Kreitlow, Taylor, Sullivan, Miller, Risser, Erpenbach, Wirch, Lassa, Lehman, Hansen, Vinehout and Schultz;Cosponsored by Representatives Hintz, Hilgenberg, Smith, Garthwaite, Benedict, Roys, Hebl, Staskunas, Turner, Parisi, Cullen, Jorgensen, Richards, Zepnick, Pocan, Pope-Roberts, Clark, Shilling, Hubler, Black, Berceau, Grigsby, Molepske Jr. and Kessler
- Feb 5, 2009 · Senate
Read first time and referred to committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing
- Apr 14, 2009 · Senate
Fiscal estimate received
- Apr 21, 2009 · Senate
Fiscal estimate received
- Apr 24, 2009 · Senate
Fiscal estimate received
- May 27, 2009 · Senate
Public hearing held
- Aug 18, 2009 · Senate
Executive action taken
- Aug 25, 2009 · Senate
Report passage recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 3, Noes 2
- Aug 25, 2009 · Senate
Available for scheduling
- Sep 8, 2009 · Senate
Referred to joint committee on Finance by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e)
- Sep 24, 2009 · Senate
Senator Ellis added as a coauthor
- Nov 3, 2009 · Senate
Executive action taken
- Nov 4, 2009 · Senate
Report introduction of Senate Amendment 1 recommended by joint committee on Finance, Ayes 15, Noes 0 by joint committee on Finance
- Nov 4, 2009 · Senate
Report adoption of Senate Amendment 1 recommended by joint committee on Finance, Ayes 15, Noes 0
- Nov 4, 2009 · Senate
Report introduction of Senate Amendment 2 recommended by joint committee on Finance, Ayes 15, Noes 0 by joint committee on Finance
- Nov 4, 2009 · Senate
Report adoption of Senate Amendment 2 recommended by joint committee on Finance, Ayes 15, Noes 0
- Nov 4, 2009 · Senate
Report introduction of Senate Amendment 3 recommended by joint committee on Finance, Ayes 15, Noes 0 by joint committee on Finance
- Nov 4, 2009 · Senate
Report adoption of Senate Amendment 3 recommended by joint committee on Finance, Ayes 11, Noes 4
- Nov 4, 2009 · Senate
Report introduction of Senate Amendment 4 recommended by joint committee on Finance, Ayes 15, Noes 0 by joint committee on Finance
- Nov 4, 2009 · Senate
Report adoption of Senate Amendment 4 recommended by joint committee on Finance, Ayes 11, Noes 4
- Nov 4, 2009 · Senate
Report passage as amended recommended by joint committee on Finance, Ayes 11, Noes 4
- Nov 4, 2009 · Senate
Available for scheduling
- Nov 4, 2009 · Senate
Placed on calendar 11-5-2009 by committee on Senate Organization
- Nov 5, 2009 · Senate
Senator Carpenter added as a coauthor
- Nov 5, 2009 · Senate
Read a second time
- Nov 5, 2009 · Senate
Senate amendment 1 adopted
- Nov 5, 2009 · Senate
Senate amendment 2 adopted
- Nov 5, 2009 · Senate
Senate amendment 3 adopted
- Nov 5, 2009 · Senate
Senate amendment 4 adopted
- Nov 5, 2009 · Senate
Senate amendment 5 offered by Senator Ellis
- Nov 5, 2009 · Senate
Refused to adopt Senate amendment 5, Ayes 15, Noes 17
- Nov 5, 2009 · Senate
Senate amendment 6 offered by Senator Ellis
- Nov 5, 2009 · Senate
Point of order that Senate amendment 6 not germane well taken
- Nov 5, 2009 · Senate
Decision of the Chair stands as the judgement of the Senate, Ayes 17, Noes 15
- Nov 5, 2009 · Senate
Ordered to a third reading
- Nov 5, 2009 · Senate
Rules suspended
- Nov 5, 2009 · Senate
Read a third time and passed, Ayes 19, Noes 13
- Nov 5, 2009 · Senate
Ordered immediately messaged
- Nov 5, 2009 · Assembly
Received from Senate
- Nov 5, 2009 · Assembly
Read
- Nov 5, 2009 · Assembly
Rules suspended and taken up
- Nov 5, 2009 · Assembly
Read a second time
- Nov 5, 2009 · Assembly
Ordered to a third reading
- Nov 5, 2009 · Assembly
Rules suspended
- Nov 5, 2009 · Assembly
Read a third time and concurred in, Ayes 51, Noes 42, Paired 2
- Nov 5, 2009 · Assembly
Ordered immediately messaged
- Nov 6, 2009 · Senate
Received from Assembly concurred in
- Nov 10, 2009 · Senate
Report correctly enrolled on 11-10-2009
- Nov 30, 2009 · Senate
Presented to the Governor on 11-30-2009
- Dec 1, 2009 · Senate
Report approved by the Governor with partial veto on 12-1-2009. 2009 Wisconsin Act 89
- Dec 1, 2009 · Senate
Available for scheduling
- Dec 3, 2009 · Senate
Published 12-15-2009.
- May 24, 2010 · Senate
Partial veto placed on calendar 5-25-2010 pursuant to Joint Rule 82(2)(a)
- May 26, 2010 · Senate
Failed to pass pending partial veto notwithstanding the objections of the Governor pursuant to Joint Rule 82
Terms on this page
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act. More in the glossary
Partial veto
Wisconsin's governor can strike parts of a budget bill and sign the rest into law.
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Wisconsin Act
The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.
Official term: Act
Partial veto
Wisconsin's governor can strike parts of a budget bill and sign the rest into law.
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote