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
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)
Exceptions to pars. (a)
. 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.
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.
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
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
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.
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.
The value of the poll or survey equal to the applicable percentage of full value as provided in s. 11.06 (12) (b)
, 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.
GAB 1.65 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
Identification of the source of communications paid for with money raised for political purposes. GAB 1.655(1)(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.
"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.
"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.
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:
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.
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.
Incidental administrative communications need not identify their source if such communications are singular in nature and are not intended to communicate a political message.
Communications for which reporting is not required under s. 11.06 (2)
, Stats., are not required to identify their source.
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.
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.
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."
GAB 1.655 History
Cr. Register, September, 1996, No. 489
, eff. 10-1-96; cr. (1) (bm) and (5), Register, April, 1998, No. 508
, eff. 5-1-98.
Travel reimbursements. GAB 1.70(1)
A candidate for or a person elected to a state or local office does not make an in-kind contribution to another candidate for a state or local office in another district when a candidate or election official travels to the district of the other candidate for political purposes. The candidate for or person elected to state or local office may be reimbursed from his or her personal campaign committee subject to the applicable spending limits of s. 11.31 (2)
, Stats., and s. GAB 1.44
and is deemed to provide nonreportable volunteer services to the candidate in the other district.
If the candidate or elected official is reimbursed by another individual, personal campaign committee, political action committee, or legislative campaign committee for travel, the reimbursement is a reportable contribution to the candidate.
If the candidate or elected official is an officer or employee of a legislative campaign committee who travels on committee business, the reimbursement is not a reportable contribution to the candidate or elected official, but is a reportable disbursement of the legislative campaign committee.
GAB 1.70 History
Emerg. cr. eff. 6-1-86; cr. Register, November, 1986, No. 371
, eff. 12-1-86.
Purchase of capital assets by campaign registrants. GAB 1.75(1)(a)
"Capital asset" means any asset, purchased by, or contributed to, a campaign committee, which has a useful life greater than the campaign period in which the asset was purchased, received or otherwise acquired.
"Non-political use" means any usage, by a registrant, for purposes other than those specified in s. 11.01 (16)
No capital asset may be purchased with campaign funds by a registrant unless the asset will be used principally for political purposes.
Any non-political use of a capital asset purchased with campaign funds shall be incidental.
A capital asset purchased and owned by an individual for personal use may be leased by a campaign registrant for use for political purposes only.
Any rent or reimbursement paid for the use of a capital asset, by a registrant, shall be comparable to the commercial rate paid for the lease or rent of a similar item.
The cost of materials, supplies or other expenses incurred in the use of a capital asset for political purposes may be paid with campaign funds by a registrant.
If campaign funds are used by a registrant to pay for the lease and service of a capital asset, the terms of the lease or other rental agreement, including those of a service or maintenance contract, shall be in writing.
GAB 1.75 History
Cr. Register, January, 1992, No. 433
, eff. 2-1-92.
Conduit registration and reporting requirements. GAB 1.85(1)(1)
A conduit, as defined in s. 11.01 (5m)
, Stats., is required to register no later than the date of the initial transfer of a contribution to a candidate, personal campaign committee, legislative campaign committee, or political party committee, or within 5 days of the receipt of a contribution from a conduit member, whichever event occurs first.
A conduit shall register with the filing officer as defined in s. 11.02
, Stats., on the conduit registration statement, form EB-9.
A conduit shall send to each candidate or committee at the time funds are transferred a letter identifying itself as a conduit, the name and address of the transferee, and listing the name and address of each contributor and the date and amount of each contribution.
A conduit shall report to the transferee the full name and address, the occupation and the name and address of the principal place of employment, if any, of the contributor if the contributor's cumulative contributions exceed $50 for the calendar year.
A conduit shall file a campaign finance report, form EB-10, at the times specified in s. 11.20
, Stats., except that the pre-primary or pre-election report is filed only when a contribution is made during that period. If the conduit has no reportable activity during the continuing report period, the conduit may report on the campaign finance report, short form, form EB-2a.
A conduit shall file with its campaign finance report 2 copies of each letter of transmittal sent to each transferee during the reporting period.
A conduit shall file with the filing officer a special report of late contribution, form EB-3, within 24 hours of making a transfer to a candidate or committee of more than $500 in a single amount or cumulatively received during the 15 day period before the primary or election.
GAB 1.85 History
Emerg. cr. eff. 7-1-86; cr. Register, November, 1986, No. 371
, eff. 12-1-86; am. (1) and (4), Register, April, 1998, No. 508
, eff. 5-1-98.
Contributions from conduit accounts. GAB 1.855(1)(1)
No contribution may be made from a conduit member's account without the conduit member's authorization which is specific as to the amount of the contribution and as to the identity of the candidate who is to receive the contribution. The conduit member's authorization may be made in writing, or may be made orally if a contemporaneous written record of the oral authorization is made by the conduit administrator.
A contribution from a conduit account shall be in the form of a check or other negotiable instrument made out to the named candidate or to the candidate's personal campaign committee, or to a legislative campaign committee, political party committee, or support committee under s. 11.18
, Stats. A conduit may not make an in-kind contribution as defined in s. GAB 1.20 (1) (e)
A contribution from a conduit account shall be transferred to a candidate, a personal campaign or legislative campaign committee, or a political party or support committee, within 15 days of the conduit administrator's receipt of the member's authorization.
GAB 1.855 History
Cr. Register, April, 1998, No. 508
, eff. 5-1-98.
Organizations making independent disbursements. GAB 1.91(1)(b)
"Designated depository account" means a depository account specifically established by an organization to receive contributions and from which to make independent disbursements.
"Independent" means the absence of acting in cooperation or consultation with any candidate or authorized committee of a candidate who is supported or opposed, and is not made 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.
"Organization" means any person other than an individual, committee, or political group subject to registration under s. 11.23
A corporation, or association organized under ch. 185
, Stats., is a person and qualifies as an organization that is not prohibited by s. 11.38 (1) (a) 1.
, Stats., from making independent disbursements until such time as a court having jurisdiction in the State of Wisconsin rules that a corporation, or association organized under ch. 185
, Stats., may constitutionally be restricted from making an independent disbursement.
Upon accepting contributions made for, incurring obligations for, or making an independent disbursement exceeding $25 in aggregate during a calendar year, an organization shall establish a designated depository account in the name of the organization. Any contributions to and all disbursements of the organization shall be deposited in and disbursed from this designated depository account. The organization shall select a treasurer for the designated depository account and no disbursement may be made or obligation incurred by or on behalf of an organization without the authorization of the treasurer or designated agents. The organization shall register with the board and comply with s. 11.09
, Stats., when applicable.
The organization shall file a registration statement with the appropriate filing officer and it shall include, where applicable:
The name, street address, and mailing address of the organization.
The name and mailing address of the treasurer for the designated depository account of the organization and any other custodian of books and accounts for the designated depository account.
The name, mailing address, and position of other principal officers of the organization, including officers and members of the finance committee, if any.
The name, street address, mailing address, and account number of the designated depository account.
A signature of the treasurer for the designated depository account of the organization and a certification that all information contained in the registration statement is true, correct and complete.
The designated depository account for an organization required to register with the Board shall annually pay a filing fee of $100.00 to the Board as provided in s. 11.055
The organization shall comply with s. 11.05 (5)
, Stats., and notify the appropriate filing officer
within 10 days of any change in information previously submitted in a statement of registration.
An organization making independent disbursements shall file the oath for independent disbursements required by s. 11.06 (7)
An organization receiving contributions for independent disbursements or making independent disbursements shall file periodic reports as provided ss. 11.06
and 11.21 (16)
, Stats., and include all contributions received for independent disbursements, incurred obligations for independent disbursements, and independent disbursements made. When applicable, an organization shall also file periodic reports as provided in s. 11.513
GAB 1.91 Note
Section 11.513, Stats., was repealed by 2011 Wisconsin Act 32
, section 15
. As a result, the last sentence of sub. (8) is without effect and the reports described therein are not required.
An organization making independent disbursements shall comply with the requirements of s. 11.30 (1)
and (2) (a)
, Stats., and include an attribution identifying the organization paying for any communication, arising out of independent disbursements on behalf of or in opposition to candidates, with the following words: "Paid for by" followed by the name of the organization and the name of the treasurer or other authorized agent of the organization followed by "Not authorized by any candidate or candidate's agent or committee."
GAB 1.91 History
History: CR 10-087: cr. Register June 2012 No. 678 eff. 7-1-12. GAB 1.95
Contributions of individuals under the age of 18.
For purposes of campaign finance regulation under ch. 11, Stats.
, the contribution to a candidate for election or nomination to any of the offices specified in s. 11.26
, Stats., of any individual less than 18 years of age at the time of contribution, shall be treated as follows:
The contribution of individual contributors less than 14 years of age at the time of the contribution shall be treated as the contribution of the contributor's parents or legal guardians. If the contributor has more than one parent or one legal guardian, the contribution shall be attributed to each parent or each guardian in equal shares or in such shares as the parents or the guardians determine by written agreement.
The contribution of individual contributors who are 14 years of age or older at the time of the contribution shall be treated for all purposes of campaign finance regulation under ch. 11, Stats.
, as the contribution of the individual contributor.