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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.
GAB 1.41(2) (2) In any case where the postal service is employed by a person subject to a registration requirement as the agent for transmittal of a statement, the burden is upon such person to show that a statement has been filed with the postal service.
GAB 1.41(3) (3) It is presumed until the contrary is established that the date shown by the postal service cancellation mark on the envelope containing the statement is the date that it was deposited in the mail.
GAB 1.41 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78; corrections made under s. 13.93 (2m) (b) 1., Stats., Register, January, 1994, No. 457.
GAB 1.42 GAB 1.42 Voluntary committees; scope of voluntary oath; restrictions on voluntary committees.
GAB 1.42(1)(1)Necessity of voluntary oath for independent candidate-related activities. No expenditure may be made or obligation incurred over $25 in support of or opposition to a specific candidate unless such expenditure or obligation is treated and reported as a contribution to the candidate or the candidate's opponent, or is made or incurred by or through an individual or committee filing the voluntary oath specified in s. 11.06 (7), Stats.
GAB 1.42(2) (2)Scope of voluntary oath. A committee or individual filing the voluntary oath may make expenditures or incur obligations in support of or opposition to a candidate if the expenditures or obligations incurred are made in cooperation or consultation with any candidate or agent or authorized committee of a candidate who is supported or opposed, and in concert with, or at the request or suggestion of, any candidate or any agent or authorized committee of a candidate who is supported or opposed, so long as the expenditures or obligations are treated and reported as a contribution to such candidate. A committee or individual filing the voluntary oath is prohibited from making expenditures in support of or opposition to a candidate if the expenditures or incurred obligations are made in cooperation or consultation with any candidate or agent or authorized committee of a candidate who is supported or opposed, and in concert with, or at the request or suggestion of, any candidate or any agent or authorized committee of a candidate who is supported or opposed, and the expenditures or obligations are not reported as a contribution to such candidate.
GAB 1.42(3) (3)Treatment and reporting of independent activity by voluntary committee. When a committee or individual filing the voluntary oath makes an expenditure or incurs an obligation in support of or in opposition to a candidate and the individual or committee does not act in cooperation or consultation with any candidate or agent or authorized committee of a candidate who is supported or opposed, and in concert with, or at the request or suggestion of, any candidate or any agent or authorized committee of a candidate who is supported or opposed, the expenditure or incurred obligation shall be treated and reported as an "independent disbursement"or "independent incurred obligation". When such disbursements or obligations are reported, the candidate in whose support or opposition the disbursement is made or obligation incurred should be identified on a separate schedule (EB-9) giving the name and address of the candidate, the amount, the date, and the purpose of the disbursement and an indication whether the candidate is supported or opposed.
GAB 1.42(4) (4)An individual or committee may make both direct contributions and independent expenditures. An individual or the committee filing the voluntary oath may make both direct contributions, and independent expenditures on behalf of a candidate in support or opposition to a candidate as long as the direct contributions are within the contribution limits set out in s. 11.26, Stats., and the individual or committee making the independent expenditure does not act in cooperation or consultation with any candidate or agent or authorized committee of a candidate who is supported or opposed, and in concert with, or at the request or suggestion of, any candidate or any agent or authorized committee of a candidate who is supported or opposed.
GAB 1.42(5) (5)Special disclaimer requirement. A political message in support of or opposition to a candidate by a committee or individual not acting in cooperation or consultation with any candidate or agent or authorized committee of a candidate who is supported or opposed, and in concert with, or at the request or suggestion of, any candidate or any agent or authorized committee of a candidate who is supported or opposed shall contain, in addition to the ordinary identification required by s. 11.30 (2), Stats., the words: "The committee (individual) is the sole source of this communication and the committee (individual) did not act in cooperation or consultation with, and in concert with, or at the request or suggestion of any candidate or any agent or authorized committee of a candidate who is supported or opposed by this communication".
GAB 1.42(6) (6)Guidelines.
GAB 1.42(6)(a)(a) Any expenditure made on behalf of a candidate will be presumed to be made in cooperation or consultation with any candidate or agent or authorized committee of a candidate who is supported or opposed, and in concert with, or at the request or suggestion of, any candidate or any agent or authorized committee of a candidate who is supported or opposed and treated as an in-kind contribution if:
GAB 1.42(6)(a)1. 1. It is made as a result of a decision in which any of the following persons take part:
GAB 1.42(6)(a)1.a. a. A person who is authorized to raise funds for, to spend the campaign funds of or to incur obligations for the candidate's personal campaign committee;
GAB 1.42(6)(a)1.b. b. An officer of the candidate's personal campaign committee;
GAB 1.42(6)(a)1.c. c. A campaign worker who is reimbursed for expenses or compensated for work by the candidate's personal campaign committee;
GAB 1.42(6)(a)1.d. d. A volunteer who is operating in a position within a campaign organization that would make the person aware of campaign needs and useful expenditures; or
GAB 1.42(6)(a)2. 2. It is made to finance the distribution of any campaign materials prepared by the candidate's personal campaign committee or agents;
GAB 1.42(6)(b) (b) The presumption in par. (a) may be rebutted by countervailing evidence that the expenditure is not made in cooperation or consultation with any candidate or agent or any authorized committee of a candidate who is supported or opposed, and in concert with, or at the request or suggestion of, any candidate or any agent or authorized committee of a candidate who is supported or opposed.
GAB 1.42 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78; emerg. am. eff. 9-4-84; am. Register, March, 1985, No. 351, eff. 4-1-85; correction in (6) (a) 1. c. made under s. 13.93 (2m) (b) 5., Stats., Register, January, 1994, No. 457.
GAB 1.43 GAB 1.43 Referendum-related activities by committees; candidate-related activities by groups.
GAB 1.43(1) (1) As used in this rule, "committee-group" means any committee which acts in support of or opposition to a referendum, and any group which acts in support of or opposition to a candidate.
GAB 1.43(2) (2) Any committee-group may consolidate referendum-related and candidate-related activity by:
GAB 1.43(2)(a) (a) Filing a duplicate consolidated registration statement or amending a previously filed registration statement with the appropriate filing officer or officers, indicating all candidates and referenda supported or opposed, or
GAB 1.43(2)(b) (b) Filing duplicate consolidated financial disclosure reports, which indicate the specific purpose of each expenditure so as to differentiate between expenditures intended to influence referenda and expenditures intended to influence the election or defeat of a candidate.
GAB 1.43(3) (3) A committee-group which consolidates activity pursuant to this rule is subject to those limits on the receipt of contributions to which it would be subject if it were operating solely as a committee.
GAB 1.43(4) (4) A committee-group which consolidates activity pursuant to this rule must have a single treasurer and a single depository.
GAB 1.43(5) (5) Notwithstanding the above, any committee-group may separate referendum-related and candidate-related activity by filing separate registration statements, separate financial disclosure reports, and by maintaining a separate depository for each type of activity.
GAB 1.43 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78.
GAB 1.44 GAB 1.44 Disbursement levels.
GAB 1.44(1)(1)Limitation imposed. Except as authorized in s. 11.50 (2) (i), Stats., applying to disbursement levels, no candidate for state office who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund and who receives and accepts any such grant may make or authorize total disbursements from the campaign treasury in any campaign which exceed the amounts specified below.
GAB 1.44(2) (2) The following levels of disbursements are established with reference to the candidates listed below until the disbursement levels are adjusted pursuant to s. 11.31, Stats. Except as provided in sub. (1), such levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.
GAB 1.44(2)(a) (a) Candidates for governor, $323,450 in the primary, and $754,750 in the election.
GAB 1.44(2)(b) (b) Candidates for lieutenant governor, $215,650 in the primary, and $107,825 in the election.
GAB 1.44(2)(c) (c) Candidates for attorney general, $269,500 in the primary, and $269,500 in the election.
GAB 1.44(2)(d) (d) Candidates for secretary of state, state treasurer, justice of the supreme court and state superintendent of public instruction, $86,250 in the primary, and $129,375 in the election.
GAB 1.44(2)(e) (e) Candidates for court of appeals judge, $32,350 in the primary, and $53,900 in the election.
GAB 1.44(2)(f) (f) Candidates for state senator, $34,500 total in the primary and election, with disbursements not exceeding $21,575 for either the primary or the election.
GAB 1.44(2)(g) (g) Candidates for representative to the assembly, $17,250 total in the primary and election, with disbursements not exceeding $10,775 for either the primary or the election.
GAB 1.44(2)(h) (h) Candidates for circuit judge, $86,250 total in the primary and election.
GAB 1.44(2)(i) (i) In any jurisdiction or district, other than a judicial district or circuit, with a population of 500,000 or more, according to the most recent federal census covering the entire jurisdiction or district:
GAB 1.44(2)(i)1. 1. For the following county offices:
GAB 1.44(2)(i)1.a. a. Candidates for county executive, $269,550 total in the primary and election.
GAB 1.44(2)(i)1.b. b. Candidates for district attorney, $161,725 total in the primary and election.
GAB 1.44(2)(i)1.c. c. Candidates for county supervisor, $17,250 total in the primary and election.
GAB 1.44(2)(i)1.d. d. Candidates for any other countywide elective office, not specified in counties of this size, $107,825 total in the primary and election.
GAB 1.44(2)(i)2. 2. For the following offices in cities of the 1st class:
GAB 1.44(2)(i)2.a. a. Candidates for mayor, $269,550 total in the primary and election.
GAB 1.44(2)(i)2.b. b. Candidates for city attorney, $161,725 total in the primary and election.
GAB 1.44(2)(i)2.c. c. Candidates for alderperson, $17,250 total in the primary and election.
GAB 1.44(2)(i)2.d. d. Candidates for any other citywide office, $107,825 total in the primary and election.
GAB 1.44(2)(j) (j) Candidates for any local office who are elected from a jurisdiction or district with less than 500,000 inhabitants, according to the latest federal census or census information on which the district is based, as certified by the appropriate filing officer, an amount equal to the greater of:
GAB 1.44(2)(j)1. 1. $1,075, or
GAB 1.44(2)(j)2. 2. 53.91% of the annual salary for the office sought, rounded to the nearest $25, or
GAB 1.44(2)(j)3. 3. 32.35 cents per inhabitant of the jurisdiction or district, rounded to the nearest $25, but in no event more than $43,125 in the primary and election.
GAB 1.44 History History: Emerg. cr. eff. 4-27-78; cr. Register, August, 1978, No. 272, eff. 9-1-78; emerg. am. eff. 2-19-80; emerg. am. eff. 6-17-80; emerg. am. eff. 2-18-82; emerg. r. and recr. eff. 5-1-84; am. Register, October, 1984, No. 346, eff. 11-1-84; emerg. am. (1), eff. 5-1-86; am. (2), Register, November, 1986, No. 371, eff. 12-1-86; correction in (2) (i) 2. c. made under s. 13.93 (2m) (b) 5., Stats., Register, January, 1994, No. 457; correction in (2) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1999, No. 524.
GAB 1.45 GAB 1.45 Return of excess grant funds from Wisconsin election campaign fund after campaign. Pursuant to s. 11.50 (8), Stats., all grants from the Wisconsin election campaign fund which are unspent and unencumbered by any candidate on the day after the election shall be returned to the government accountability board no later than the date of filing the use of grant report which is filed with the next continuing campaign finance report due after the election.
GAB 1.45 History History: Cr. Register, February, 1985, No. 350, eff. 3-1-85; emerg. am. eff. 7-1-86; am. Register, November, 1986, No. 371, eff. 12-1-86.
GAB 1.455 GAB 1.455Allocation of disbursements of Wisconsin election campaign fund grant and other campaign funds. A candidate subject to the disbursement limitations under s. 11.31, Stats., and s. GAB 1.44 who disburses grant and other campaign funds:
GAB 1.455(1) (1) May prorate a disbursement between the primary election spending limit and the general election spending limit if the proration accurately reflects the use of the purchased materials or services in the respective primary and general election campaigns.
GAB 1.455(2) (2) May use grant money from the Wisconsin election campaign fund to pay the amount allocated to the general election even if the disbursement was made before the primary election.
GAB 1.455(3) (3) May not allocate to a future campaign any disbursements for services or materials delivered during the current campaign.
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