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
GAB 1.33(2)(b) (b) The creditor has made all reasonable efforts to retire the debt, including pursuit of all remedies which would normally be employed by the creditor in pursuit of a non-political debtor. "Reasonable efforts to retire the debt" include lawsuits, if filed in similar circumstances.
GAB 1.33 History History: Cr. Register, August, 1977, No. 260, eff. 9-1-77.
GAB 1.34 GAB 1.34 Use of funds received from Wisconsin election campaign fund.
GAB 1.34(1) (1) The term "printing, graphic arts or advertising services"includes, but is not limited to, the ordinary and necessary direct costs of planning, preparing proof copy and paste up, and printing or other like production of copy that is used in the candidate's election campaign.
GAB 1.34(2) (2) The term "office supplies" includes expendable items normally utilized in office situations such as, but not limited to, envelopes, paper, cards, notebooks, pens, pencils, ribbons, tapes, paper clips, rubber bands, duplicating supplies, manuals and journals.
GAB 1.34(3) (3) Grant funds from the Wisconsin election campaign fund may not be used for the purchase or rental of office furniture and equipment; office rent; utilities; telephone, telegraph or teletype costs; or insurance costs.
GAB 1.34 History History: Cr. Register, December, 1979, No. 288, eff. 1-1-80; emerg. am. (1), eff. 7-1-86; am. (1), Register, November, 1986, No. 371, eff. 12-1-86.
GAB 1.36 GAB 1.36 Allocation of expenditures in nonpartisan elections.
GAB 1.36(1)(1) This rule is promulgated to clarify the allocation of expenditures between the primary and general election by candidates who receive public funding in a nonpartisan election.
GAB 1.36(2) (2) A candidate in a nonpartisan election who is subject to the limitations and disbursement levels specified in s. 11.31, Stats., may make expenditures for items used in the pre-primary period to be allocated toward the disbursement limitations for the primary until the date the candidate knows there is no primary.
GAB 1.36(3) (3) Any expenditures made after the date the candidate knows that there is no primary, shall be applied to the disbursement limitation for the general election.
GAB 1.36(4) (4) For purposes of this rule, a candidate shall be deemed to know that there will be no primary on the day following the last day that nomination papers must be filed with the appropriate officer.
GAB 1.36 History History: Cr. Register, December, 1979, No. 288, eff. 1-1-80.
GAB 1.38 GAB 1.38 Return of contributions to committees by candidates who receive public funding.
GAB 1.38(1) (1) A candidate may return any contribution received from a committee or a political party committee for purposes of receiving a larger grant from the Wisconsin election campaign fund within the time period specified in sub. (3).
GAB 1.38(2) (2) The candidate shall disclose the date, amount and source of the returned contribution on the applicable campaign finance report form.
GAB 1.38(3) (3) Any contribution returned no later than 7 days after the primary shall not be counted against the limits specified in s. 11.50 (9), Stats.
GAB 1.38 History History: Cr. Register, December, 1979, No. 288, eff. 1-1-80.
GAB 1.385 GAB 1.385Return of contributions to contributors by candidates when candidates file nomination papers for offices that have lower contribution limits than the limits that applied at the time of the contributions. A candidate shall be subject to the contribution limits that apply to the candidate at the time of the primary election at which the candidate's name appears on the ballot. If a candidate for any office has unspent contributions in his or her campaign depository at the time of filing nomination papers that were lawful at the time of receipt but exceeded the contribution limit that applies to the office for which the candidate is seeking nomination, the candidate shall dispose of the unspent contributions. The candidate shall either return the excess contribution to the contributor on a reasonable basis that the candidate determines or donate the excess contribution to either the common school fund or a charitable organization.
GAB 1.385 History History: Emerg. cr. eff. 6-1-86; cr. Register, November, 1986, No. 371, eff. 12-1-86.
GAB 1.39 GAB 1.39 Conversion of federal campaign committee to state committee prohibited.
GAB 1.39(1) (1) As used in this rule,
GAB 1.39(1)(a) (a) "Federal campaign committee" means the campaign committee of a candidate for federal office, which is not registered with a state or local filing officer, and
GAB 1.39(1)(b) (b) "State campaign committee" means the personal campaign committee of a candidate for state or local office.
GAB 1.39(2)(a)(a) A candidate's federal campaign committee may not be converted to a state campaign committee.
GAB 1.39(2)(b) (b) A candidate's federal campaign committee may contribute funds collected for federal purposes to the candidate's state or local campaign, not to exceed the maximum amount that may be contributed by a single committee to a candidate for the same office under s. 11.26 (2) and (10), Stats., by filing a campaign finance registration statement, pursuant to s. 11.05, Stats., with the appropriate filing officer.
GAB 1.39 History History: Cr. Register, August, 1977, No. 260, eff. 9-1-77; CR 05-027: am. (2) Register November 2005 No. 599, eff. 12-1-05.
GAB 1.41 GAB 1.41 Mailing registration forms.
GAB 1.41(1) (1) Where a requirement is imposed for the filing of a registration statement no later than a certain date, the requirement may be satisfied either by actual receipt of the statement by the prescribed time for filing at the office of the filing officer, or by filing a report 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 provided by law for receipt of such report.
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Published under authority of s. 35.93, Stats. Updated on the first day of each month. Entire code is alwaycurrent. The date shown on each chapter is the date the chapter was last published.