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.
GAB 1.455(4) (4) May not make any disbursements during the current campaign for a future campaign until on or after the first day after the day of the election and may only make such disbursements out of campaign funds which are not excess funds that must be returned to the Wisconsin election campaign fund.
GAB 1.455(5) (5) May not encumber any excess funds remaining on the first day after the day of the election with incurred obligations for a future campaign.
GAB 1.455(6) (6) May retire debts from previous campaigns by making disbursements during the current campaign.
GAB 1.455 History History: Cr. Register, February, 1986, No. 362, eff. 3-1-86.
GAB 1.46 GAB 1.46 Identification of individual contributors on campaign finance reports.
GAB 1.46(1) (1) The requirement contained in s. 11.06 (1) (a), Stats., to furnish the street address of a contributor who has made a contribution or contributions aggregating more than $20 in a calendar year includes the municipality and state as well as the street address. A complete postal address is sufficient to meet the disclosure requirement contained in the statute.
GAB 1.46(2) (2) The requirement contained in s. 11.06 (1) (b), Stats., to furnish the occupation and principal place of business, if any, of each individual contributor whose cumulative contributions for the calendar year are in excess of $100 refers to the contributor's occupation and the name of the employing entity of the contributor. The listing of a business address only does not comply with the disclosure requirement of the statute.
GAB 1.46 History History: Cr. Register, February, 1985, No. 350, eff. 3-1-85.
GAB 1.50 GAB 1.50 Non-candidate committees collecting on behalf of a specific candidate and the voluntary oath. When a non-candidate committee accepts contributions on behalf of a specific candidate, it must file the voluntary oath in s. 11.06 (7), Stats., by which the committee's independence of the candidate is affirmed. A political action committee whose campaign finance reports show support of only one candidate is presumed to be accepting contributions in support of that candidate and required to file the voluntary oath in s. 11.06 (7), Stats., by which the committee's independence of the candidate is affirmed. That presumption may be overcome by countervailing evidence.
GAB 1.50 History History: Cr. Register, June, 1979, No. 282, eff. 7-1-79.
GAB 1.55 GAB 1.55 Reimbursement for campaign use of government vehicles. Whenever a state or local government vehicle is used primarily for the purposes of campaigning in support of or in opposition to a candidate for national, state, or local office, there must be paid to the state treasurer or governing body of the local government a fee which is comparable to the commercial market rate for a similar vehicle or aircraft. The obligation, if any, to reimburse the state or local government shall be included on the campaign finance report covering the period during which the obligation was incurred.
GAB 1.55 History History: Cr. Register, October, 1979, No. 286, eff. 11-1-79; r. and recr. Register, May, 1986, No. 365, eff. 6-1-86; emerg. am. eff. 7-1-86; am. Register, November, 1986, No. 371, eff. 12-1-86.
GAB 1.56 GAB 1.56 Commercial sales by political registrants.
GAB 1.56(1)(1) When a registrant receives donated items for resale the proceeds from the resale transaction shall be reported in the following manner:
GAB 1.56(1)(a) (a) The receipt of the item shall be reported in the registrant's campaign finance report as an in-kind contribution and as an in-kind expenditure at the fair market value of the donated item;
GAB 1.56(1)(b) (b) The resale of the item shall be reported in the registrant's campaign finance report as a contribution from the purchaser in the amount paid by the purchaser.
GAB 1.56(1)(c) (c) The registrant must make a good faith effort to accurately reflect the fair market value of the item in its campaign finance report.
GAB 1.56(2) (2) When a registrant sells an item which it has purchased for resale to raise funds for political purposes, the entire amount of the proceeds of the sale shall be reported in the registrant's campaign finance report as a contribution from the purchaser.
GAB 1.56(3) (3) The proceeds from the sale of food and beverage at a fundraiser by a registrant shall be reported in the registrant's campaign finance report as a contribution from the purchaser.
GAB 1.56(4) (4) When items are sold, including food and beverage, at a cost that is less the $10.00, the registrant should report the proceeds of the sales as contributions, but they may be listed as "unitemized contributions" in the campaign finance reports. A good faith effort does not require that records be kept of the identity of the purchaser of items where the cost is less than $10.00.
GAB 1.56(5) (5) When a registrant disposes of tangible assets of the campaign by sale in a regular commercial transaction for fair market value, the proceeds of the sale shall be reported as "other income" in the registrant's campaign finance reports.
GAB 1.56 History History: Cr. Register, February, 1985, No. 350, eff. 3-1-85.
GAB 1.60 GAB 1.60 Consulting services.
GAB 1.60(1)(a) (a) Expenditures for consulting services made by a candidate's committee, political action committee, or political party committee on behalf of more than one candidate shall be attributable to each candidate in proportion to, and shall be reported to reflect, the benefit reasonably derived, except as provided in par. (c). This rule shall not apply to independent expenditures made under s. 11.06 (7), Stats., and s. GAB 1.42.
GAB 1.60(1)(b) (b) An authorized expenditure for consulting services made by a candidate, candidate's committee, political action committee, or political party committee on behalf of another candidate shall be reported as an in-kind contribution to the candidate on whose behalf the expenditure was made, except that expenditures made by political party committees on behalf of that party's presidential candidates shall not be reportable and shall not count against that party's state or local candidates' applicable contribution limits under s. 11.26 (9) (a), Stats., and spending limits under s. 11.31 (2), Stats., and s. GAB 1.44, except as provided in par. (c).
GAB 1.60(1)(c) (c) Exceptions to pars. (a) and (b). Expenditures for rent, personnel, overhead, general administrative, fund-raising, and other costs of political party committees, which costs are incurred in the ordinary course of its day-to-day operations, need not be attributed to individual candidates, unless these expenditures are made on behalf of a clearly identified candidate and the expenditure can be directly attributed to that candidate.
GAB 1.60(2) (2) If a candidate, candidate's committee, political action committee, or political party committee, for itself or another, hires a consultant to work during a campaign period as that term is defined in s. 11.26 (17), Stats., the amount paid or incurred shall be presumed to be an expenditure on behalf of a candidate or candidates who receive assistance from the consultant. This presumption may be rebutted.
GAB 1.60(3) (3) Any expenditures for consulting services shall be valued at the fair market value of the item or services at the time of the contribution.
GAB 1.60 History History: Emerg. cr. eff. 6-1-86; cr. Register, November, 1986, No. 371, eff. 12-1-86; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1999, No. 524.
GAB 1.65 GAB 1.65 Opinion poll results.
GAB 1.65(1) (1) The term "overall cost"as used in s. 11.06 (12) (b), Stats., means the value of the opinion poll or voter survey results, as defined in s. 11.06 (12) (a) 4., Stats., as determined by the individual or committee which commissions the poll or survey.
GAB 1.65(2) (2) The transfer to a candidate or committee of the results of a poll or survey, other than by a sale, is an in-kind contribution to such candidate or committee and reportable on the candidate's or committee's campaign finance report due for the period during which the results are received.
GAB 1.65(3) (3) The value of the poll or survey equal to the applicable percentage of full value as provided in s. 11.06 (12) (b) through (f), Stats., is based on the reasonable costs incurred in conducting the poll or survey. These costs include the costs for staff salary or other compensation, rent, telephones, poll lists, telephone calls, and computer use and supplies, and other reasonable and necessary items associated with creating the opinion results as defined in s. 11.06 (12) (a) 3., Stats.
GAB 1.65 History History: Emerg. cr. eff. 7-1-86; cr. Register, November, 1986, No. 371, eff. 12-1-86; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543.
GAB 1.655 GAB 1.655 Identification of the source of communications paid for with money raised for political purposes.
GAB 1.655(1)(1) Definitions: as used in this rule:
GAB 1.655(1)(a) (a) "Bona fide poll" means a poll which is conducted for the purpose of identifying, or collecting data on, voter attitudes and preferences and not for the purpose of expressly advocating the election, defeat, recall or retention of a clearly identified candidate or a particular vote at a referendum.
GAB 1.655(1)(b) (b) "Communication" means any printed advertisement, billboard, handbill, sample ballot, television or radio advertisement, telephone call, and any other form of communication that may be utilized by a registrant for the purpose of influencing the election or nomination of any individual to state or local office or for the purpose of influencing a particular vote at a referendum.
GAB 1.655(1)(bm) (bm) "Political party" has the meaning provided in s. 5.02 (13), Stats.
GAB 1.655(1)(c) (c) "Political purpose" has the meaning provided in s. 11.01 (16), Stats.
GAB 1.655(1)(d) (d) "Registrant" has the meaning provided in s. 11.01 (18m), Stats.
GAB 1.655(1)(e) (e) "Source" means the individual who, or committee which, pays for, or the individual who takes responsibility for, a communication that is required, by s. 11.30, Stats., to be identified.
GAB 1.655(2) (2) Pursuant to s. 11.30 (2) (a), Stats., any communication paid for with money that has been raised for political purposes must identify the source of that communication, subject to the following exceptions:
GAB 1.655(2)(a) (a) The source identification requirements of s. 11.30, Stats., do not apply to communications paid for by an individual who, or a committee which, is not subject to the registration requirements of s.11.05, Stats.
GAB 1.655(2)(b) (b) A bona fide poll or survey under s. 11.30 (5), Stats., concerning the support for or opposition to a candidate, political party, referendum or a position on issues, may be conducted without source identification unless the person being polled requests such information. If requested, the person conducting the poll shall disclose the name and address of the person making payment for the poll and, in the case of a registrant under s. 11.05, Stats., the name of the treasurer or the person making the payment.
GAB 1.655(2)(c) (c) Incidental administrative communications need not identify their source if such communications are singular in nature and are not intended to communicate a political message.
GAB 1.655(2)(d) (d) Communications for which reporting is not required under s. 11.06 (2), Stats., are not required to identify their source.
GAB 1.655(3) (3) When making communications requiring source identification, disclosure is not required to be made at any particular place within or time during the communication. In the case of telephone calls, or other audio communications, the required disclosure may be made at any time prior to the end of the call or other communication.
GAB 1.655(4) (4) A registrant who conducts a bona fide poll must report the expense of conducting the poll on its campaign finance reports, whether or not the registrant is required to identify the source of that poll under s. 11.30 (5), Stats., and this rule.
GAB 1.655(5) (5) If a political party makes a communication supporting the election of more than one candidate, the source identification for that communication shall be as follows:
"Paid for by the (name of party) Party as an in-kind contribution to the candidates named."
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