public financing of campaigns for the offices of justice of the supreme court, court of appeals judge, and circuit court judge, and making an appropriation

Wisconsin Legislature: SB1070: Bill Text

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SB1070: Bill Text

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2025 - 2026 LEGISLATURE
LRB-2667/1
JK:cdc
2025 SENATE BILL 1070
February 26, 2026 - Introduced by Senators
Roys
,
Dassler-Alfheim
and
Ratcliff
, cosponsored by Representatives
Bare
,
Sinicki
and
Udell
. Referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs.
SB1070,1,6
1
An Act

to amend
11.1108 and 11.1400 (5);
to create
8.35 (4) (b), subchapter
2
XV of chapter 11 [precedes 11.1500], 20.521 (1) (r), 20.585 (1) (q), 20.585 (1) (r),
3
20.855 (4) (ba), 20.855 (4) (bb), 25.17 (1) (cm), 25.421 and 71.10 (3) of the
4
statutes;
relating to:
public financing of campaigns for the offices of justice of
5
the supreme court, court of appeals judge, and circuit court judge, and making
6
an appropriation.
Analysis by the Legislative Reference Bureau
This bill creates a democracy trust fund under which eligible candidates for the offices of justice of the supreme court, court of appeals judge, and circuit court judge may receive public grants derived from general purpose revenues to finance their campaigns.
The bill provides that a candidate for the office of justice of the supreme court, court of appeals judge, or circuit court judge 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 $50,000. 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 for court of appeals judge or circuit court judge are $100,000 in the spring primary and $300,000 in the spring election. Public financing benefits for eligible candidates for justice of the supreme court are $1,000,000 in the spring primary and $3,000,000 in the spring election. The benefits are subject to a biennial cost of living adjustment. The bill also imposes a limitation on disbursements by a candidate who accepts a public financing benefit that equals the total public financing benefit allocated to the candidate and the total qualifying and seed money contributions lawfully accepted by the candidate.
Currently, no public financing is available to finance the campaigns of candidates for the office of justice of the supreme court, court of appeals judge, or circuit court judge.
Under the bill, public financing benefits are 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 $5 of general purpose revenue be transferred to the democracy trust fund. Individuals filing a joint return may separately choose whether to direct that the $5 transfer be made. The designation does not increase an individual's tax liability nor reduce an individual's refund. 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.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB1070,1
1
Section

1
.
8.35 (4) (b) of the statutes is created to read:
SB1070,3,5
2
8.35
(4)
(b) Notwithstanding par. (a), any unspent and unencumbered moneys
3
received by a candidate from the democracy trust fund shall be immediately
4
transferred to any candidate who is appointed to replace that candidate upon filing
1
of a proper application under s. 11.1501 (1). For qualification purposes,
2
contributions received and disbursements made by the former candidate are
3
considered to have been received or made by the replacement candidate. If there is
4
no candidate appointed or if no proper application is filed within 7 days of the date
5
on which a vacancy occurs, the moneys revert to the state.
SB1070,2
6
Section

2
.
11.1108 of the statutes is amended to read:
SB1070,3,14
7
11.1108

Anonymous contributions.
No committee
, other than a candidate
8
committee for a candidate receiving a public financing benefit under subch. XV,

9
may accept an anonymous contribution exceeding $10
, and a candidate committee
10
for a candidate receiving a public financing benefit may not accept an anonymous
11
contribution exceeding $5
. If an anonymous contribution exceeds $10,
or $5 in the
12
case of a candidate committee for a candidate receiving a public financing benefit,

13
the committee shall donate the contribution to the common school fund or to a
14
charitable organization and report the donation as required under this chapter.
SB1070,3
15
Section

3
.
11.1400 (5) of the statutes is amended to read:
SB1070,3,23
16
11.1400
(5)
Except as otherwise provided in ss. 19.49 (2) (b) 13. and 14. and
17
(g)
and
,
19.554,
and 11.1512,
actions under this section may be brought by the
18
commission or, upon the commission’s determination of probable cause, by the
19
district attorney for the county where the defendant resides or, if the defendant is a
20
nonresident, by the district attorney for the county where the violation is alleged to
21
have occurred. For purposes of this subsection, a person other than an individual
22
resides within a county if the person’s principal place of operation is located within
23
that county.
SB1070,4
1
Section

4
.
Subchapter XV of chapter 11 [precedes 11.1500] of the statutes is
2
created to read:
SB1070,4,3
3
CHAPTER 11
SB1070,4,4
4
SUBCHAPTER XV
SB1070,4,5
5
DEMOCRACY TRUST FUND
SB1070,4,6
6
11.1500 Definitions.
In this subchapter:
SB1070,4,9
7
(1)
“Election campaign period” means the period beginning on the day after
8
the spring primary election or the day on which a primary election would be held, if
9
required, and ending on the day of the succeeding spring election.
SB1070,4,15
10
(2)
“Eligible candidate” means a candidate for the office of justice, court of
11
appeals judge, or circuit court judge who has an opponent, who has qualified to
12
have his or her name certified for placement on the ballot at the spring primary or
13
election, and who qualifies for a public financing benefit by collecting the required
14
number of qualifying contributions, making all required reports and disclosures,
15
and being certified by the commission as being in compliance with this subchapter.
SB1070,4,19
16
(3)
“Exploratory period” means the period that begins after the date of a
17
spring election immediately preceding a public financing qualifying period and
18
ends on the first day of the public financing qualifying period for the next election
19
for justice.
SB1070,4,20
20
(4)
“Immediate family” includes the candidate's spouse and children.
SB1070,4,24
21
(5)
“Nonparticipating candidate” means a candidate for the office of justice,
22
court of appeals judge, or circuit court judge who does not apply for a public
23
financing benefit or who is otherwise ineligible or fails to qualify for a public
24
financing benefit under this subchapter.
SB1070,5,2
1
(6)
“Personal funds” means funds contributed by a candidate or a member of
2
a candidate's immediate family.
SB1070,5,6
3
(7)
“Primary election campaign period” means the period beginning on the
4
day after the last day prescribed by law for filing nomination papers for the office of
5
justice and ending on the day of the spring primary election for that office or the day
6
on which the primary election would be held, if required.
SB1070,5,8
7
(8)
“Public financing benefit” means a benefit provided to an eligible
8
candidate under this subchapter.
SB1070,5,12
9
(9)
“Public financing qualifying period” means, for each election for the office
10
of justice, the period beginning on the first day of July of the year immediately
11
preceding the year of that election and ending on the day before the beginning of the
12
primary election campaign period for that office.
SB1070,5,16
13
(10)
“Qualifying contribution” means a contribution in an amount of not less
14
than $5 nor more than $100 made to a candidate committee by an elector of this
15
state during the public financing qualifying period, which is acknowledged by
16
written receipt identifying the contributor.
SB1070,5,22
17
(11)
“Seed money contribution” means a contribution in an amount of not
18
more than $100 made to a candidate committee by an elector of this state during
19
the exploratory period or the public financing qualifying period or a contribution
20
made to a candidate committee consisting of personal funds of that candidate in an
21
amount not more than the amount authorized under s. 11.1505 during the
22
exploratory period or the public financing qualifying period.
SB1070,6,7
23
11.1501 Qualification; certification. (1)
Before a candidate for justice,
24
court of appeals judge, or circuit court judge in the primary election may be
1
certified as an eligible candidate to receive a public financing benefit for the
2
primary election campaign period, the candidate shall apply to the commission for
3
a public financing benefit and file a sworn statement that the candidate has
4
complied and will comply with all requirements of this subchapter throughout the
5
applicable campaign, which includes the primary and election for that office. A
6
candidate shall file the application and statement no later than the beginning of the
7
primary election campaign period.
SB1070,6,12
8
(2)
A candidate shall be certified by the commission as an eligible candidate
9
for receipt of a public financing benefit for a primary election if the candidate
10
complies with sub. (1) and receives qualifying contributions from at least 1,000
11
separate contributors in an aggregate amount of not less than $5,000 nor more than
12
$50,000 before the close of the public financing qualifying period.
SB1070,6,15
13
(3)
The commission shall verify a candidate's compliance with the
14
requirements of sub. (2) by such verification and sampling techniques as the
15
commission considers appropriate.
SB1070,6,16
16
(4)
Each candidate shall:
SB1070,6,18
17
(a) Acknowledge each qualifying contribution by a receipt to the contributor
18
that contains the contributor's name and home address.
SB1070,6,22
19
(b) No later than the 15th or the last day of the month that immediately
20
follows the date of receipt of a qualifying contribution, whichever comes first, file a
21
copy of the receipt under par. (a) with the commission, except that during July,
22
August, and September, a copy need only be filed by the last day of the month.
SB1070,6,24
23
(5)
A qualifying contribution may be used only for the purpose of making a
24
disbursement.
SB1070,7,9
1
11.1502 Time of application. (1)
Before a candidate for justice, court of
2
appeals judge, or circuit court judge may be certified as an eligible candidate for
3
receipt of a public financing benefit for the spring election, the candidate shall
4
apply to the commission and file a sworn statement that the candidate has fulfilled
5
all the requirements of this subchapter during the primary election campaign
6
period and will comply with such requirements during the election campaign
7
period. Except as authorized in s. 8.35 (4) (b), the application shall be filed no later
8
than the 7th day after the date of the spring primary or the date that the primary
9
election would be held if a primary were required.
SB1070,7,13
10
(2)
The commission shall certify a candidate as an eligible candidate for
11
receipt of a public financing benefit for the spring election if the candidate complies
12
with sub. (1) and the candidate was an eligible candidate during the primary
13
election campaign period.
SB1070,7,21
14
11.1503 Agreement by candidate.
An eligible candidate who accepts a
15
public financing benefit under this subchapter during the primary election
16
campaign period shall agree to comply with all requirements of this subchapter
17
throughout the election campaign period during the same campaign as a
18
precondition to receipt of a public financing benefit. An eligible candidate who
19
accepts a public financing benefit during a primary election campaign period may
20
not elect to accept private contributions in violation of this subchapter during the
21
corresponding election campaign period.
SB1070,8,2
22
11.1504 Requirements imposed upon candidates. (1)
An eligible
23
candidate's candidate committee shall not accept private contributions other than
24
seed money contributions and qualifying contributions that the candidate
1
committee accepts during the exploratory period and the public financing
2
qualifying period.
SB1070,8,11
3
(2)
In addition to reports required to be filed under subch. II, the candidate
4
committee of an eligible candidate who receives a public financing benefit shall
5
furnish complete financial records, including records of seed money contributions,
6
qualifying contributions, and disbursements, to the commission on the 15th or the
7
last day of the month that immediately follows the receipt of the contribution or the
8
making of the disbursement, whichever comes first, except that during July,
9
August, and September, records need only be furnished by the last day of the
10
month. Each such candidate committee shall cooperate with any audit or
11
examination by the commission.
SB1070,8,21
12
(3)
In addition to adhering to other requirements imposed under this chapter,
13
the candidate committee of an eligible candidate who receives a public financing
14
benefit shall maintain records of all contributions received by the candidate
15
committee of more than $5 but less than $50, including seed money contributions
16
and qualifying contributions, that shall contain the full name of the contributor and
17
the contributor's full home address. In addition, if a contributor's aggregate
18
contributions to any candidate committee exceed $50 for any campaign, the
19
candidate committee shall also maintain a record of the contributor's principal
20
occupation and the name and business address of the contributor's place of
21
employment.
SB1070,8,24
22
(4)
The failure to record or provide the information specified in sub. (3)
23
disqualifies a contribution from being used by a candidate committee as a
24
qualifying contribution.
SB1070,9,4
1
(5)
No eligible candidate, candidate committee of the eligible candidate, or
2
any person acting on the eligible candidate's behalf may deposit any contribution
3
that is not recorded in accordance with sub. (3) in a depository account of the
4
eligible candidate's candidate committee.
SB1070,9,9
5
(6)
No eligible candidate or candidate committee of an eligible candidate may
6
accept more than $25 in cash from any contributor. No eligible candidate or
7
candidate committee of an eligible candidate may accept cash from all sources in a
8
total amount greater than one-tenth of 1 percent of the public financing benefit for
9
the office of justice or $500, whichever is greater.
SB1070,9,12
10
11.1505 Personal funds of candidates. (1)
The personal funds of a
11
candidate contributed as seed money contributions may not exceed an aggregate
12
amount of $5,000.
SB1070,9,15
13
(2)
No eligible candidate or candidate committee of an eligible candidate may
14
make any disbursement derived from personal funds after the close of the public
15
financing qualifying period.
SB1070,9,23
16
11.1506 Seed money contributions. (1)
The candidate committee of an
17
eligible candidate may accept seed money contributions from any individual,
18
committee, or other person, not including an independent expenditure committee,
19
prior to the end of the public financing qualifying period, provided the total
20
contributions received from one contributor, except personal funds and qualifying
21
contributions otherwise permitted under this subchapter, do not exceed $100 and
22
the aggregate contributions, including personal funds, but not including qualifying
23
contributions, do not exceed $5,000.
SB1070,9,24
24
(2)
The candidate committee of an eligible candidate may make
1
disbursements derived from seed money contributions only during the exploratory
2
period and the public financing qualifying period.

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