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GAB 1.06 GAB 1.06 Corporate registration and reporting.
GAB 1.06(1)(1) Every foreign or domestic corporation or association organized under ch. 185, Stats., which establishes a separate segregated fund pursuant to s. 11.38 (1) (a) 2., Stats., shall register with the appropriate filing officer on a form prescribed by the board.
GAB 1.06(2) (2) Every foreign or domestic corporation or association organized under ch. 185, Stats., which is required to register pursuant to sub. (1), shall file financial disclosure reports with the appropriate filing officer in accordance with s. 11.20 (4), Stats., on a form prescribed by the board.
GAB 1.06 History History: Cr. Register, July, 1976, No. 247, eff. 8-1-76.
GAB 1.10 GAB 1.10 Reporting by nonresident committees and groups. Every nonresident committee or group as defined in s. 11.07 (6), Stats., acting in support of or in opposition to any candidate for state or local office, which makes or accepts contributions, incurs obligations or makes disbursements exceeding $25 cumulatively in a calendar year within this state shall register both with the appropriate filing officer under s. 11.05 (1), Stats., and with the secretary of state under s. 11.07 (1), Stats.
GAB 1.10 History History: Emerg. cr. 8-16-74; cr. Register, November, 1974, No. 227, eff. 12-1-74.
GAB 1.11 GAB 1.11 Reporting of joint fundraiser.
GAB 1.11(1) (1) Any personal campaign committee, political party committee, or legislative campaign committee which conducts a joint fundraiser under s. 11.16 (5), Stats., shall register with the appropriate filing officer by filing a supplemental schedule, Form EB-2JF, at the time of signing the escrow agreement with the candidate on whose behalf the joint fundraiser is conducted.
GAB 1.11(2) (2) The supplemental schedule, Form EB-2JF, shall identify the committees conducting the fundraiser, the candidates on whose behalf the joint fundraiser is conducted, the percentage of the net proceeds distributed to the candidate, and the escrow depository account. A copy of the escrow agreement shall be attached to form EB-2JF.
GAB 1.11(3) (3) The sponsors of the joint fundraiser shall prepare a regular campaign finance report, Form EB-2, or a public funding campaign finance report, Form EB-24, to report expenses qualifying for exclusion under s. 11.31 (6), Stats. The campaign finance report shall report all contributions and disbursements. The sponsors shall give a copy of the report to each candidate or committee receiving any share of the net proceeds from the fundraiser within 25 days after the fundraiser is held. The sponsors shall file the campaign finance report with the filing officer when the next campaign finance report is due under s. 11.20 (3) and (4), Stats. If the sponsors have not received and paid all the bills for the joint fundraiser by the time the sponsors file the first campaign finance report, the sponsors shall continue to file a regular campaign finance report as required until termination.
GAB 1.11(4) (4) The candidates or committees receiving any of the net proceeds from the joint fundraiser shall report on their regular campaign finance report their share of the net proceeds as a single contribution from the joint fundraiser, attaching a copy of the campaign finance report received from the sponsors. If any contributor to the joint fundraiser also makes an individual contribution to the candidate's campaign during the calendar year of the joint fundraiser, and the contributor's total contributions exceed $20 in that period, the candidate who receives the additional contribution from the contributor shall report the additional contribution as an itemized contribution with the applicable information about the contributor under s. 11.06 (1) (a) and (b), Stats. The amount of any itemized contribution shall be subtracted from the reportable amount of the single contribution from the joint fundraiser.
GAB 1.11 History History: Cr. Register, June, 1987, No. 378, eff. 7-1-87.
GAB 1.15 GAB 1.15 Filing reports of late campaign activity.
GAB 1.15(1)(1) Any registrant required to file a special report of late campaign activity pursuant to ss. 11.12 (5), (6) and 11.23 (6), Stats., shall comply with the provisions of this section.
GAB 1.15(2) (2) A registrant required to file a special report disclosing the receipt of contributions from a single source, totaling $500 or more cumulatively during the 15 day period immediately preceding a primary or an election, shall use Form EB-3 or use a format which is acceptable to the filing officer and which contains the information required by the board on Form EB-3.
GAB 1.15(3) (3) A registrant required to file a special report of late independent disbursement exceeding $20 during the 15 day period immediately preceding a primary or an election shall use Form EB-7 or shall use a format which is acceptable to the filing officer and which contains the information required by the board on form EB-7.
GAB 1.15(4) (4) A special report of late campaign activity is timely filed when it is in the physical possession of the filing officer within the time prescribed for filing. Except as provided in sub. (6), any special report of late campaign activity also shall be treated as timely filed when it is mailed with the U.S. postal service, by first class mail, with sufficient prepaid postage, addressed to the appropriate filing officer, and postmarked not later than the date prescribed by law for the filing of such report.
GAB 1.15(5) (5) If the date on which a special report of late campaign activity is due is a Saturday, Sunday, or legal holiday, the special report shall not be due until the next business day.
GAB 1.15(6) (6) If a special report of late campaign activity is required to be filed on the day of or the day immediately preceding a primary or an election, the report is not timely filed unless it is actually received at the office of the appropriate filing officer before the close of business on that day, unless that day is a Saturday, Sunday, or legal holiday.
GAB 1.15(7) (7) If the filing officer for a special report of late campaign activity is the government accountability board, a registrant filing the report on the day of or the day immediately preceding a primary or an election may file by sending a facsimile (FAX) copy by telecopier on the date, if the signed original of the report is received through the U.S. mail with a postmark not later than the date due.
GAB 1.15 History History: Cr. Register, January, 1992, No. 433, eff. 2-1-92.
GAB 1.20 GAB 1.20 Treatment and reporting of in-kind contributions.
GAB 1.20(1)(1) In this section:
GAB 1.20(1)(a) (a) "Actual value" means the fair market value.
GAB 1.20(1)(b) (b) "Authorized person" means a candidate, treasurer, agent, other person whom a candidate designates, or a person whom any other registrant designates to authorize a proposed in-kind contribution.
GAB 1.20(1)(c) (c) "Contributor" means any individual or registrant who proposes to make an in-kind contribution.
GAB 1.20(1)(d) (d) "Date of contribution" means the time as of which the benefit, of the thing of value given or of the service performed, is conferred upon the candidate's campaign or upon the registrant.
GAB 1.20(1)(e) (e) "In-kind contribution" means a disbursement by a contributor to procure a thing of value or service for the benefit of a registrant who authorized the disbursement.
GAB 1.20(1)(f) (f) "Registrant" has the same meaning as provided in s. 11.01 (18m), Stats.
GAB 1.20(2) (2) Before making an in-kind contribution to a candidate or other registrant, the prospective contributor shall notify an authorized person and obtain that person's oral or written consent to the contribution.
GAB 1.20(3) (3) When an individual other than a registrant receives authorization to make an in-kind contribution, the authorized person shall obtain from the contributor, in writing: the contributor's name and address and, where applicable, the contributor's occupation and the name and address of his or her principal place of employment; the nature of the contribution, its actual value and the date of the contribution.
GAB 1.20(4) (4) When a registrant receives authorization to make an in-kind contribution, the registrant shall provide to the authorized person, in writing, before the closing date of the next campaign finance report in which the contribution is required to be listed: the registrant's name and address; the nature of the contribution and its actual value; and the date of the contribution.
GAB 1.20(5) (5) If a contributor does not know the actual value of an in-kind contribution, the contributor shall give an authorized person a good-faith and reasonable estimate of the fair market value, before the closing date of the next campaign finance report in which the contribution is required to be listed. When the contributor receives bills or other statements reflecting the actual value of the in-kind contribution, the contributor shall immediately forward that information to an authorized person.
GAB 1.20(6) (6) An in-kind contribution shall be reported as received and accepted by the candidate or registrant on the date that the benefit, of the material supplied or the service performed, is conferred upon the candidate or other registrant.
GAB 1.20(7) (7) A candidate or registrant shall report the value of the in-kind contribution disclosed to him or her by the contributor. If a contributor estimates the fair market value, a candidate or registrant shall report the estimated value. After being informed of the actual value, by the contributor, a candidate or registrant shall report the actual value on the next campaign finance report.
GAB 1.20(8) (8) Without the proper authorization to make an in-kind contribution, a contributor may not make the proposed in-kind contribution unless the contribution qualifies as an independent expenditure under s. 11.06 (7), Stats., and under s. GAB 1.42.
GAB 1.20(9) (9) Any registrant who makes or receives an in-kind contribution shall report the contribution on Schedule 3-C of its campaign finance report.
GAB 1.20 History History: Cr. Register, January, 1992, No. 433, eff. 2-1-92.
GAB 1.25 GAB 1.25 Loan treatment respecting limitations. A loan when made by any person, committee or group (except a loan of money by a commercial lending institution made by the institution in accordance with applicable banking laws and regulations in the ordinary course of business) shall be reported as a contribution or disbursement, and also as an incurred obligation by the debtor. When such a loan is received by a registrant, it is counted within the contribution limitation of the creditor while outstanding, but is not counted within the limitation after repayment. The amount or value of any such outstanding loans and any other contributions or disbursements shall at no time exceed any limitation specified in ss. 11.26 and 11.31, Stats.
GAB 1.25 History History: Cr. Register, March, 1975, No. 231, eff. 4-1-75; am. Register, February, 1986, No. 362, eff. 3-1-86.
GAB 1.26 GAB 1.26 Return of contribution.
GAB 1.26(1) (1) This rule is promulgated to clarify the treatment and reporting of returned contributions.
GAB 1.26(2) (2) The return of a contribution is not a disbursement subject to the limitations on disbursements in s. 11.31, Stats., and it is not a contribution subject to the limitations on contributions in s. 11.26, Stats.
GAB 1.26(3) (3) A candidate who applies for a grant from the Wisconsin election campaign fund and who returns a contribution that was deposited into the campaign depository shall report the returned contribution on either the Wisconsin election campaign fund campaign finance report, Form EB-24, or the campaign finance report, Form EB-2. The candidate shall make the report on the form that is due for the period when the contribution was returned. When the candidate reports on Form EB-24, the candidate shall report the returned contributions on both Schedule 2-A, DISBURSEMENTS, Schedule 2-D, EXCLUSIONS FROM SPENDING LIMITS, and Schedule 3-A, ADDITIONAL DISCLOSURE as a returned contribution. When the candidate reports on Form 2-A, the candidate shall report the returned contribution on both Schedule 2-A, DISBURSEMENTS, and Schedule 3-A, ADDITIONAL DISCLOSURE, as returned contribution.
GAB 1.26(4) (4) Any registrant and candidate who does not apply for a grant from the Wisconsin election campaign fund who returns a contribution that was deposited into the campaign depository shall report the returned contribution on the campaign finance report, Form EB-2, that is due for the period when the contribution was returned. The candidate shall report the returned contribution on both Schedule 2-A, DISBURSEMENTS, and Schedule 3-A, ADDITIONAL DISCLOSURE, as a returned contribution.
GAB 1.26(5) (5) Any registrant and candidate who returns a contribution that is not deposited into the campaign depository within 10 days of receipt is not required to report the returned, unaccepted contribution on a campaign finance report.
GAB 1.26(6) (6) A registrant who receives a return of contribution shall report it on the campaign finance report, Form EB-2, on Schedule 1-C, OTHER INCOME, and shall designate this as "return of contribution."
GAB 1.26 History History: Cr. Register, March, 1975, No. 231, eff. 4-1-75; am. Register, September, 1978, No. 273, eff. 10-1-78; r. and recr. (3) to (5), cr. (6), Register, February, 1986, No. 362, eff. 3-1-86.
GAB 1.28 GAB 1.28 Scope of regulated activity; election of candidates.
GAB 1.28(1)(1) Definitions. As used in this rule:
GAB 1.28(1)(a) (a) "Political committee" means every committee which is formed primarily to influence elections or which is under the control of a candidate.
GAB 1.28(1)(b) (b) "Communication" means any printed advertisement, billboard, handbill, sample ballot, television or radio advertisement, telephone call, e-mail, internet posting, and any other form of communication that may be utilized for a political purpose.
GAB 1.28(1)(c) (c) "Contributions for political purposes" means contributions made to 1) a candidate, or 2) a political committee or 3) an individual who makes contributions to a candidate or political committee or incurs obligations or makes disbursements for political purposes.
GAB 1.28(2) (2) Individuals other than candidates and persons other than political committees are subject to the applicable requirements of ch. 11, Stats., when they:
GAB 1.28(2)(a) (a) Make contributions or disbursements for political purposes, or
GAB 1.28(2)(b) (b) Make contributions to any person at the request or with the authorization of a candidate or political committee, or
GAB 1.28(2)(c) (c) Make a communication for a political purpose.
GAB 1.28(3) (3) A communication is for a "political purpose" if either of the following applies:
GAB 1.28(3)(a) (a) The communication contains terms such as the following or their functional equivalents with reference to a clearly identified candidate and unambiguously relates to the campaign of that candidate:
GAB 1.28(3)(a)1. 1. "Vote for;"
GAB 1.28(3)(a)2. 2. "Elect;"
GAB 1.28(3)(a)3. 3. "Support;"
GAB 1.28(3)(a)4. 4. "Cast your ballot for;"
GAB 1.28(3)(a)5. 5. "Smith for Assembly;"
GAB 1.28(3)(a)6. 6. "Vote against;"
GAB 1.28(3)(a)7. 7. "Defeat;" or
GAB 1.28(3)(a)8. 8. "Reject."
GAB 1.28(3)(b) (b) The communication is susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate. A communication is susceptible of no other reasonable interpretation if it is made during the period beginning on the 60th day preceding a general, special, or spring election and ending on the date of that election or during the period beginning on the 30th day preceding a primary election and ending on the date of that election and that includes a reference to or depiction of a clearly identified candidate and:
GAB 1.28(3)(b)1. 1. Refers to the personal qualities, character, or fitness of that candidate;
GAB 1.28(3)(b)2. 2. Supports or condemns that candidate's position or stance on issues; or
GAB 1.28(3)(b)3. 3. Supports or condemns that candidate's public record.
GAB 1.28(4) (4) Consistent with s. 11.05 (2), Stats., nothing in sub. (1), (2), or (3) should be construed as requiring registration and reporting, under ss. 11.05 and 11.06, Stats., of an individual whose only activity is the making of contributions.
GAB 1.28 History History: Emerg. cr. eff. 8-25-76; cr. Register, January, 1977, No. 253, eff. 2-1-77; am. (1) (b) and (2) (a), Register, February, 1986, No. 362, eff. 3-1-86; am. (2) (c), Register, May, 2001, No. 545, eff. 6-1-01; CR 09-013: am. Register July 2010 No. 655, eff. 8-1-10.
GAB 1.29 GAB 1.29 Scope of regulated activity; referenda. The requirements of disclosure and recordkeeping of s. 11.23, Stats., are applicable to individuals and groups other than groups formed primarily to influence the outcome of a referendum as to contributions, disbursements and obligations which are directly related to express advocacy of a particular result in a referendum. Nothing contained herein should be construed to exempt groups formed primarily to influence the outcome of a referendum from the requirements of disclosure and recordkeeping of s. 11.23, Stats.
GAB 1.29 History History: Emerg. cr. eff. 8-25-76; emerg. am. eff. 9-7-76; cr. Register, January, 1977, No. 253, eff. 2-1-77.
GAB 1.30 GAB 1.30 Revocation of exemption from filing campaign finance reports.
GAB 1.30(1) (1) When a person, committee or group other than a committee or individual required to file an oath under s. 11.06 (7), Stats., who or which claims an exemption from filing campaign finance reports because the registrant will not receive contributions, make disbursements, or incur obligations in an aggregate amount in excess of $1,000 in a calendar year and who or which does not anticipate accepting any contribution or contributions from a single source, other than contributions totaling no more than $1,000 made by the candidate to his or her own campaign, exceeding $100 in that year, the registrant shall lose the exemption when the registrant exceeds the $1,000 and $100 limits, respectively. The registrant shall then inform the appropriate filing officer by filing either an amended campaign registration statement (Form EB-1) stating that the registrant is no longer eligible for exemption or by a letter filed with the filing officer or with the U.S. postal service by first class mail with sufficient prepaid postage, addressed to the appropriate filing officer, no later than the date on which the registrant exceeds the $1,000 and $100 limits. The registrant becomes subject to the applicable reporting requirements as of the date on which the registrant exceeds the $1,000 and $100 limits, including the requirement to report contributions received, disbursements made, and obligations incurred before the registrant exceeds the $1,000 and $100 limits.
GAB 1.30(2) (2) When any political party committee claims an exemption from filing campaign finance reports because the registrant has signed an indication on a registration statement that the committee will not accept contributions, make disbursements, or incur obligations in the aggregate in excess of $1,000 in any calendar year and will not accept any contribution or contributions from a single source exceeding $100 in that year, the registrant shall lose the exemption when the committee's financial activity exceeds the $1,000 and $100 limits, respectively. The committee shall then inform its filing officer by verified letter filed with the filing officer or with the U.S. postal service by first class mail with sufficient prepaid postage, addressed to the appropriate filing officer, no later than the date on which the registrant exceeds the $1,000 and $100 limits. The committee becomes subject to the applicable reporting requirements as of the date on which the registrant exceeds the $1,000 and $100 limits, including the requirement to report contributions received, disbursements made, and obligations incurred before the registrant exceeds the $1,000 and $100 limits.
GAB 1.30(3) (3) For purposes of qualifying for exempt status under s. 11.05 (2r), Stats., the transfer of party member dues from a state political party to a local party shall not be considered a contribution from a single source. A local political party shall not lose its exempt status because of transfers to it by the state party of party member dues in excess of $100.
GAB 1.30 History History: Emerg. cr. eff. 9-13-76; cr. Register, January, 1977, No. 253, eff. 2-1-77; r. and recr. Register, May, 1986, No. 365, eff. 6-1-86; emerg. am. (1), eff. 7-1-86; am. (1), Register, November, 1986, No. 371, eff. 12-1-86; cr. (3), Register, April, 1998, No. 508, eff. 5-1-98.
GAB 1.32 GAB 1.32 Contribution of partnership funds.
GAB 1.32(1) (1) As used in this rule, "partnership" includes all associations organized for profit and all other partnerships.
GAB 1.32(1)(a) (a) A contribution in the name of a partnership shall be treated as an individual contribution from each partner in relation to each partner's interest in the partnership profits or losses unless the partners agree to apportion the contribution otherwise.
GAB 1.32(1)(b) (b) When a contribution is made in the name of a partnership, the registrant must obtain the information as to each partner's share thereof within 30 days after receiving the contribution or return the contribution.
GAB 1.32 History History: Cr. Register, June, 1977, No. 258, eff. 7-1-77.
GAB 1.33 GAB 1.33 Retirement of campaign debts incurred to business creditors.
GAB 1.33(1)(1) As used in this section "an obligation incurred by a registrant to a business creditor" means an obligation incurred by the registrant for goods or services.
GAB 1.33(2) (2) An obligation incurred by a registrant to a business creditor will be treated as a contribution of the creditor if any part of the obligation is outstanding for a period longer than that consistent with normal business or trade practice, or if the obligation is settled for less than the outstanding debt, unless a showing is made to the registrant's filing officer that the creditor has treated the obligation in a commercially reasonable manner. Such a showing must include at least the following:
GAB 1.33(2)(a) (a) The initial extension of credit on which the obligation was incurred was made in the ordinary course of business with terms substantially similar to those granted to non-political debtors of similar credit risk; and
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