SB 40

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.

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.