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Bills from the 2009–10 session

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 ⁠.

  1. Introduced, passed

    Feb 5, 2009

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Nov 5, 2009

  4. Assembly vote, passed

    Passed 51 to 42

  5. Governor, passed

    Signed

  6. 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”

How the partial veto works

Read the bill

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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

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

Authors (12)

Signed on in support (26)

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

  1. May 26, 2010

    The veto stood. Lawmakers didn't override it.

  2. May 24, 2010

    “Partial veto placed on calendar 5-25-2010 pursuant to Joint Rule 82(2)(a)” (the official wording)

  3. Dec 3, 2009

    The new law was published.

  4. Dec 1, 2009

    The governor signed it after striking some parts with a partial veto. It became 2009 Wisconsin Act 89.

  5. Nov 30, 2009

    Sent to the governor.

  6. Nov 5, 2009

    The Assembly passed it too, 51 to 42.

  7. Nov 5, 2009

    “Read” (the official wording)

  8. Nov 5, 2009

    The Assembly received it.

  9. Nov 5, 2009

    The Senate passed it, 19 to 13.

  10. Nov 5, 2009

    “Point of order that Senate amendment 6 not germane well taken” (the official wording)

  11. Nov 5, 2009

    The Senate adopted it.

  12. Nov 5, 2009

    1 more senator signed on in support.

  13. Nov 4, 2009

    The committee voted to recommend passing it, 11 to 4.

  14. Nov 4, 2009

    “Report adoption of Senate Amendment 4 recommended by joint committee on Finance, Ayes 11, Noes 4” (the official wording)

  15. 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)

  16. Nov 4, 2009

    “Report adoption of Senate Amendment 3 recommended by joint committee on Finance, Ayes 11, Noes 4” (the official wording)

  17. 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)

  18. Nov 4, 2009

    “Report adoption of Senate Amendment 2 recommended by joint committee on Finance, Ayes 15, Noes 0” (the official wording)

  19. 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)

  20. Nov 4, 2009

    “Report adoption of Senate Amendment 1 recommended by joint committee on Finance, Ayes 15, Noes 0” (the official wording)

  21. 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)

  22. Sep 24, 2009

    1 more senator signed on in support.

  23. Sep 8, 2009

    Sent to the Joint Committee on Finance.

  24. Aug 25, 2009

    The committee voted to recommend passing it, 3 to 2.

  25. May 27, 2009

    The committee held a public hearing.

  26. Apr 24, 2009

    A state agency sent in its estimate of the cost.

  27. Apr 21, 2009

    A state agency sent in its estimate of the cost.

  28. Apr 14, 2009

    A state agency sent in its estimate of the cost.

  29. Feb 5, 2009

    Sent to the Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.

  30. Feb 5, 2009

    Introduced in the Senate.

See the official record, word for word
  1. 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

  2. Feb 5, 2009 · Senate

    Read first time and referred to committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing

  3. Apr 14, 2009 · Senate

    Fiscal estimate received

  4. Apr 21, 2009 · Senate

    Fiscal estimate received

  5. Apr 24, 2009 · Senate

    Fiscal estimate received

  6. May 27, 2009 · Senate

    Public hearing held

  7. Aug 18, 2009 · Senate

    Executive action taken

  8. Aug 25, 2009 · Senate

    Report passage recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 3, Noes 2

  9. Aug 25, 2009 · Senate

    Available for scheduling

  10. Sep 8, 2009 · Senate

    Referred to joint committee on Finance by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e)

  11. Sep 24, 2009 · Senate

    Senator Ellis added as a coauthor

  12. Nov 3, 2009 · Senate

    Executive action taken

  13. 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

  14. Nov 4, 2009 · Senate

    Report adoption of Senate Amendment 1 recommended by joint committee on Finance, Ayes 15, Noes 0

  15. 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

  16. Nov 4, 2009 · Senate

    Report adoption of Senate Amendment 2 recommended by joint committee on Finance, Ayes 15, Noes 0

  17. 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

  18. Nov 4, 2009 · Senate

    Report adoption of Senate Amendment 3 recommended by joint committee on Finance, Ayes 11, Noes 4

  19. 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

  20. Nov 4, 2009 · Senate

    Report adoption of Senate Amendment 4 recommended by joint committee on Finance, Ayes 11, Noes 4

  21. Nov 4, 2009 · Senate

    Report passage as amended recommended by joint committee on Finance, Ayes 11, Noes 4

  22. Nov 4, 2009 · Senate

    Available for scheduling

  23. Nov 4, 2009 · Senate

    Placed on calendar 11-5-2009 by committee on Senate Organization

  24. Nov 5, 2009 · Senate

    Senator Carpenter added as a coauthor

  25. Nov 5, 2009 · Senate

    Read a second time

  26. Nov 5, 2009 · Senate

    Senate amendment 1 adopted

  27. Nov 5, 2009 · Senate

    Senate amendment 2 adopted

  28. Nov 5, 2009 · Senate

    Senate amendment 3 adopted

  29. Nov 5, 2009 · Senate

    Senate amendment 4 adopted

  30. Nov 5, 2009 · Senate

    Senate amendment 5 offered by Senator Ellis

  31. Nov 5, 2009 · Senate

    Refused to adopt Senate amendment 5, Ayes 15, Noes 17

  32. Nov 5, 2009 · Senate

    Senate amendment 6 offered by Senator Ellis

  33. Nov 5, 2009 · Senate

    Point of order that Senate amendment 6 not germane well taken

  34. Nov 5, 2009 · Senate

    Decision of the Chair stands as the judgement of the Senate, Ayes 17, Noes 15

  35. Nov 5, 2009 · Senate

    Ordered to a third reading

  36. Nov 5, 2009 · Senate

    Rules suspended

  37. Nov 5, 2009 · Senate

    Read a third time and passed, Ayes 19, Noes 13

  38. Nov 5, 2009 · Senate

    Ordered immediately messaged

  39. Nov 5, 2009 · Assembly

    Received from Senate

  40. Nov 5, 2009 · Assembly

    Read

  41. Nov 5, 2009 · Assembly

    Rules suspended and taken up

  42. Nov 5, 2009 · Assembly

    Read a second time

  43. Nov 5, 2009 · Assembly

    Ordered to a third reading

  44. Nov 5, 2009 · Assembly

    Rules suspended

  45. Nov 5, 2009 · Assembly

    Read a third time and concurred in, Ayes 51, Noes 42, Paired 2

  46. Nov 5, 2009 · Assembly

    Ordered immediately messaged

  47. Nov 6, 2009 · Senate

    Received from Assembly concurred in

  48. Nov 10, 2009 · Senate

    Report correctly enrolled on 11-10-2009

  49. Nov 30, 2009 · Senate

    Presented to the Governor on 11-30-2009

  50. Dec 1, 2009 · Senate

    Report approved by the Governor with partial veto on 12-1-2009. 2009 Wisconsin Act 89

  51. Dec 1, 2009 · Senate

    Available for scheduling

  52. Dec 3, 2009 · Senate

    Published 12-15-2009.

  53. May 24, 2010 · Senate

    Partial veto placed on calendar 5-25-2010 pursuant to Joint Rule 82(2)(a)

  54. 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.

More in the glossary

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

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

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