11.23 Cross-reference
Cross Reference: See also s. ElBd 6.04, Wis. adm. code.
11.23 Annotation
If narrowly construed to apply only to financial transactions directly related to express advocacy of a particular result in a referendum, this section is constitutional. 65 Atty. Gen. 145.
11.23 Annotation
A school board that informs the electorate of facts pertinent to the subject of a school district referendum need not register or file campaign financing reports under ch. 11. 68 Atty. Gen. 167.
11.23 Annotation
Limitations on contributions to committees formed to support or oppose referenda are discussed. Citizens Against Rent Control v. Berkeley,
454 U.S. 290 (1981).
11.24
11.24
Unlawful political contributions. 11.24(1)
(1) No person may, directly or indirectly, make any contribution other than from funds or property belonging to the contributor. No person may, directly or indirectly, furnish funds or property to another person for the purpose of making a contribution in other than the person's own name. No person may intentionally accept or receive any contribution made in violation of this subsection.
11.24(1w)(a)(a) Except as authorized under
s. 11.26 (9m), no candidate or personal campaign committee of a candidate who accepts a grant under
s. 11.50 may accept any contribution from a committee other than a political party committee if the full amount of the grant, except any grant authorized under
s. 11.50 (4) (bg) or
(br), to which the candidate is entitled under
s. 11.50 (9) is available to the candidate.
11.24(1w)(b)
(b) Except as authorized under
s. 11.26 (9m), if a candidate accepts a grant under
s. 11.50 and the full amount of the grant, except any grant authorized under
s. 11.50 (4) (bg) or
(br), to which the candidate is entitled under
s. 11.50 (9) is not available to the candidate, the candidate may not accept any contributions from committees other than political party committees exceeding that amount which, when added to the amount of the grant received under
s. 11.50 (9), equals the percentage specified in
s. 11.26 (9) (am) of the disbursement level specified in
s. 11.31 (1) (a) to
(de),
(e), or
(f), as adjusted under
s. 11.31 (9), for the office that the candidate seeks.
11.24(2)
(2) No person may intentionally accept or receive any contribution made in violation of this chapter.
Effective date note
NOTE: Sub. (2) is renumbered sub. (5) eff. 7-1-03 by
2001 Wis. Act 109.
11.24(4)(a)(a) No person may make a contribution to an incumbent partisan state elective official or to the personal campaign committee or support committee authorized under
s. 11.05 (3) (p) of that official for the purpose of promoting that official's nomination or reelection to the office held by the official during the period beginning on the first Monday of January in each odd-numbered year and ending on the date of enactment of the biennial budget act.
11.24(4)(b)
(b) Paragraph (a) does not apply to a contribution made to an incumbent partisan state elective official against whom a recall petition has been filed during the period beginning on the date that the petition offered for filing is filed under
s. 9.10 (3) (b) and ending on the date of the recall election unless the official resigns at an earlier date under
s. 9.10 (3) (c).
11.24(5)
(5) No person may intentionally accept or receive any contribution made in violation of this chapter.
Effective date note
NOTE: Sub. (5) is shown as renumbered from sub. (2) eff. 7-1-03 by
2001 Wis. Act 109.
11.24 Annotation
The unit of prosecution under sub. (1) is every transfer of funds to another person accompanied by the false listing of any single contributor. An individual illegally furnishing funds from a corporate account may be convicted under sub. (1). State v. Dreske,
88 Wis. 2d 60,
276 N.W.2d 324 (Ct. App. 1979).
11.25
11.25
Unlawful political disbursements and obligations. 11.25(1)(1) No person, committee or group may intentionally receive or accept anything of value, or any promise or pledge thereof, constituting a disbursement made or obligation incurred for political purposes contrary to law.
11.25(2)(a)(a) No person, committee or group may make or authorize a disbursement or the incurrence of an obligation from moneys solicited for political purposes for a purpose which is other than political, except as specifically authorized by law.
11.25(2)(b)
(b) Notwithstanding
par. (a), a registrant may accept contributions and make disbursements from a campaign depository account for the purpose of making expenditures in connection with a campaign for national office; for payment of civil penalties incurred by the registrant under this chapter; or for payment of the expenses of nonpartisan campaigns to increase voter registration or participation. Notwithstanding
par. (a), a personal campaign committee or support committee may accept contributions and make disbursements from a campaign depository account for payment of inaugural expenses of an individual who is elected to state or local office. If such expenses are paid from contributions made to the campaign depository account, they are reportable under
s. 11.06 (1) as disbursements. Otherwise, such expenses are not reportable under
s. 11.06 (1). If contributions from the campaign depository account are used for such expenses, they are subject to
s. 11.26.
11.25(3)
(3) No moneys solicited for political purposes and reported under this chapter may be invested for the purpose of producing income unless the investment is in direct obligations of the United States and of agencies and corporations wholly owned by the United States, commercial paper maturing within one year from the date of investment, preferred shares of a corporation, an interest-bearing account at any financial institution as defined in
s. 705.01 (3) or securities of an investment company registered under the federal investment company act of 1940 (
15 USC 80a) and registered for public offer and sale in this state of the type commonly referred to as a "money market fund".
11.26
11.26
Limitation on contributions. 11.26(1)
(1) No individual may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under
s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:
Effective date note
NOTE: Sub. (1)(intro.) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(1) Subject to sub. (10a) and except as provided under subs. (1m), (1t), (9m), and (10), no individual may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:
11.26(1)(a)
(a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, $10,000.
11.26(1)(c)
(c) Candidates for representative to the assembly, $500.
11.26(1)(cc)
(cc) Candidates for court of appeals judge in districts which contain a county having a population of more than 500,000, $3,000.
11.26(1)(cg)
(cg) Candidates for court of appeals judge in other districts, $2,500.
11.26(1)(cn)
(cn) Candidates for circuit judge in circuits having a population of more than 300,000, or candidates for district attorney in prosecutorial units having a population of more than 300,000, $3,000.
11.26(1)(cw)
(cw) Candidates for circuit judge in other circuits or candidates for district attorney in other prosecutorial units, $1,000.
11.26(1)(d)
(d) Candidates for local offices, an amount equal to the greater of the following:
11.26(1)(d)2.
2. One cent times the number of inhabitants of the jurisdiction or district, according to the latest federal census or the census information on which the district is based, as certified by the appropriate filing officer, but not more than $3,000.
11.26(1m)
(1m) Subject to
sub. (10a) and except as provided under
subs. (1t) and
(9m), no individual may make any contribution or contributions to a candidate for election or nomination to legislative office who has not filed an affidavit under
s. 11.31 (2m) and to any individual or committee under
s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:
11.26(1m)(b)
(b) Candidates for representative to the assembly, $250.
11.26(1t)
(1t) The limitations under
sub. (1m) apply to any candidate for legislative office who files an affidavit under
s. 11.31 (2m) (a) but who the board determines is ineligible to receive a grant from the Wisconsin election campaign fund, who withdraws his or her application for a grant under
s. 11.50 (2) (h), or to whom
s. 11.50 (2) (i) applies, unless the candidate subsequently files an affidavit under
s. 11.31 (2m) (b). Any such candidate who has received a contribution that exceeds the amount specified for the office the candidate seeks under
sub. (1m) before the date on which a limitation under
sub. (1m) applies to the candidate shall return to the contributor, donate to the common school fund or to any charitable organization, or transfer to the board for deposit in the Wisconsin election campaign fund the excess amount of the contribution. If a candidate for legislative office files an affidavit under
s. 11.31 (2m) (b), the limitations under
sub. (1) apply to that candidate beginning on the date that the affidavit is filed.
11.26(2)
(2) No committee other than a political party committee or legislative campaign committee may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under
s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:
Effective date note
NOTE: Sub. (2)(intro.) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(2) Subject to sub. (10a) and except as provided under subs. (2m), (2t), and (9m), no committee other than a political party committee may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the following amounts specified per candidate:
11.26(2)(a)
(a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, 4% of the value of the disbursement level specified in the schedule under
s. 11.31 (1).
Effective date note
NOTE: Par. (a) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(a) Candidates for governor, $43,500.
11.26(2)(ae)
(ae) Candidates for lieutenant governor, $12,000.
11.26(2)(as)
(as) Candidates for state superintendent or justice, $10,000.
11.26(2)(av)
(av) Candidates for secretary of state or state treasurer, $8,650.
11.26(2)(c)
(c) Candidates for representative to the assembly, $500.
11.26(2)(cc)
(cc) Candidates for court of appeals judge in districts which contain a county having a population of more than 500,000, $3,000.
11.26(2)(cg)
(cg) Candidates for court of appeals judge in other districts, $2,500.
11.26(2)(cn)
(cn) Candidates for circuit judge in circuits having a population of more than 300,000, or candidates for district attorney in prosecutorial units having a population of more than 300,000, $3,000.
11.26(2)(cw)
(cw) Candidates for circuit judge in other circuits or candidates for district attorney in other prosecutorial units, $1,000.
11.26(2)(e)
(e) Candidates for local offices, an amount equal to the greater of the following:
11.26(2)(e)2.
2. Three-fourths of one cent times the number of inhabitants of the jurisdiction or district, according to the latest federal census or the census information on which the district is based, as certified by the appropriate filing officer, but not more than $2,500.
11.26(2m)
(2m) Subject to
sub. (10a) and except as provided under
subs. (2t) and
(9m), no committee other than a political party committee may make any contribution or contributions to a candidate for election or nomination to legislative office who has not filed an affidavit under
s. 11.31 (2m) and to any individual or committee under
s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:
11.26(2m)(b)
(b) Candidates for representative to the assembly, $250.
11.26(2t)
(2t) The limitations under
sub. (2m) apply to any candidate for legislative office who files an affidavit under
s. 11.31 (2m) (a) but who the board determines is ineligible to receive a grant from the Wisconsin election campaign fund, who withdraws his or her application for a grant under
s. 11.50 (2) (h), or to whom
s. 11.50 (2) (i) applies, unless the candidate subsequently files an affidavit under
s. 11.31 (2m) (b). Any such candidate who has received a contribution that exceeds the amount specified for the office the candidate seeks under
sub. (2m) before the date on which a limitation under
sub. (2m) applies to the candidate shall return to the contributor, donate to the common school fund or to any charitable organization, or transfer to the board for deposit in the Wisconsin election campaign fund the excess amount of the contribution. If a candidate for legislative office files an affidavit under
s. 11.31 (2m) (b), the limitations under
sub. (2) apply to that candidate beginning on the date that the affidavit is filed.
11.26(3)
(3) The contribution limitations of
subs. (1) and
(2) apply cumulatively to the entire primary and election campaign in which a candidate participates, whether or not there is a contested primary election. The total limitation may be apportioned in any manner desired between the primary and election. All moneys cumulate regardless of the time of contribution.
Effective date note
NOTE: Sub. (3) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(3) The contribution limitations of subs. (1), (1m), (2), and (2m) apply cumulatively to the entire primary and election campaign in which a candidate participates, whether or not there is a contested primary election. The total limitation may be apportioned in any manner desired between the primary and election. All moneys cumulate regardless of the time of contribution.
11.26(4)
(4) No individual may make any contribution or contributions to all candidates for state and local offices and to any individuals who or committees which are subject to a registration requirement under
s. 11.05, including legislative campaign committees and committees of a political party, to the extent of more than a total of $10,000 in any calendar year.
Effective date note
NOTE: Sub. (4) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(4) Subject to sub. (10a), no individual may make any contribution or contributions to all candidates for state and local offices and to any individuals who or committees which are subject to a registration requirement under s. 11.05, including committees of a political party, to the extent of more than a total of $10,000 in any calendar year.
11.26(5)
(5) The contribution limits provided in
subs. (1) and
(4) do not apply to a candidate who makes any contribution or contributions to his or her own campaign for office from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, with respect to any contribution or contributions made to that candidate's campaign only. A candidate's personal contributions shall be deposited in his or her campaign depository account and reported in the normal manner.
Effective date note
NOTE: Sub. (5) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(5) The contribution limits provided in subs. (1), (1m), and (4) do not apply to a candidate who makes any contribution or contributions to his or her own campaign for office from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, with respect to any contribution or contributions made to that candidate's campaign only. A candidate's personal contributions shall be deposited in his or her campaign depository account and reported in the normal manner.
11.26(6)
(6) When a candidate adopts a preexisting support committee as his or her personal campaign committee, the support committee is deemed to have been the same committee as the candidate's personal campaign committee for purposes of the application of
subs. (1),
(2) and
(9). The limitations prescribed in
subs. (2) and
(9) do not apply to the transfer of contributions which is made at the time of such adoption, but do apply to the contributions which have been made by any other committee to the support committee at the time of adoption.
Effective date note
NOTE: Sub. (6) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
