Feed for /statutes/statutes/11 PDF
11.001 Annotation Campaign finance in Wisconsin after Buckley. 1976 WLR 816.
11.002 11.002 Construction. This chapter shall be construed to impose the least possible restraint on persons or organizations whose activities do not directly affect the elective process, consistent with the right of the public to have a full, complete and readily understandable accounting of those activities intended to influence elections.
11.002 History History: 1979 c. 328 ss. 9, 11.
11.01 11.01 Definitions. As used in this chapter:
11.01(1) (1) "Candidate" means every person for whom it is contemplated or desired that votes be cast at any election held within this state, other than an election for national office, whether or not the person is elected or nominated, and who either tacitly or expressly consents to be so considered. A person does not cease to be a candidate for purposes of compliance with this chapter or ch. 12 after the date of an election and no person is released from any requirement or liability otherwise imposed under this chapter or ch. 12 by virtue of the passing of the date of an election.
11.01(2) (2) "Charitable organization" means any organization described in section 170 (c) (2) of the internal revenue code, and also includes the United States, any state, territory or possession, the District of Columbia and any political subdivision thereof, when a gift is made exclusively for public purposes; but does not include any private organization conducting activities for political purposes.
11.01(3) (3) "Clearly identified", when used with reference to a communication in support of or in opposition to a candidate, means:
11.01(3)(a) (a) The candidate's name appears;
11.01(3)(b) (b) A photograph or drawing of the candidate appears; or
11.01(3)(c) (c) The identity of the candidate is apparent by unambiguous reference.
11.01(4) (4) "Committee" or "political committee" means any person other than an individual and any combination of 2 or more persons, permanent or temporary, which makes or accepts contributions or makes disbursements, whether or not engaged in activities which are exclusively political, except that a "committee" does not include a political "group" under this chapter.
11.01(5) (5) "Communications media" means newspapers, periodicals, commercial billboards and radio and television stations, including community antenna television stations.
11.01(5m) (5m) "Conduit" means an individual who or an organization which receives a contribution of money and transfers the contribution to another individual or organization without exercising discretion as to the amount which is transferred and the individual to whom or organization to which the transfer is made.
11.01(6) (6)
11.01(6)(a)(a) Except as provided in par. (b), "contribution" means any of the following:
11.01(6)(a)1. 1. A gift, subscription, loan, advance, or deposit of money or anything of value, except a loan of money by a commercial lending institution made by the institution in accordance with applicable laws and regulations in the ordinary course of business, made for political purposes. In this subdivision "anything of value" means a thing of merchantable value.
11.01(6)(a)2. 2. A transfer of personalty, including but not limited to campaign materials and supplies, valued at the replacement cost at the time of transfer.
11.01(6)(a)3. 3. A contract, promise or agreement, if legally enforceable, to make a gift, subscription, loan, advance, or deposit of money or anything of value, except a loan of money by a commercial lending institution in accordance with applicable laws and regulations in the ordinary course of business, for a political purpose.
11.01(6)(a)4. 4. A transfer of funds between candidates, committees, individuals or groups subject to a filing requirement under this chapter.
11.01(6)(a)5. 5. The purchase of a ticket for a meal, rally or other fund-raising event for a purpose under subd. 1., whether or not actually utilized.
11.01(6)(a)6. 6. The distribution of any publication or advertising matter for any purpose under subd. 1. other than by a registrant under s. 11.05, or as provided in s. 11.29.
11.01(6)(a)7. 7. A gift, subscription, loan, advance, or deposit of money or anything of value, except a loan of money by a commercial lending institution made by the institution in accordance with applicable laws and regulations in the ordinary course of business, or a contract, promise or agreement, if legally enforceable, to make the same, made by a committee for a purpose authorized under s. 11.25 (2) (b), or by an individual for a purpose authorized under s. 11.25 (2) (b) if deposited in a campaign depository account.
11.01(6)(b) (b) "Contribution" does not include any of the following:
11.01(6)(b)1. 1. Services for a political purpose by an individual on behalf of a registrant under s. 11.05 who is not compensated specifically for the services.
11.01(6)(b)2. 2. The use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual's residential premises for a purpose under par. (a) 1. if no funds are raised with the knowledge of the host.
11.01(6)(b)3. 3. Any unreimbursed payment for travel expenses made by an individual who on his or her own behalf volunteers his or her personal services for political purposes.
11.01(6)(b)4. 4. The costs of preparation and transmission of personal correspondence, provided that the correspondence is not reproduced by machine for distribution.
11.01(6)(b)5. 5. Compensation or fringe benefits provided as a result of employment by an employer to regular employees or pensioners who are not compensated specifically for services performed for a political purpose, and not in excess of that provided to other regular employees or pensioners of like status.
11.01(6)(b)6. 6. The reuse of surplus materials or utilization of unused surplus materials not exceeding $400 in value at the time of original receipt, in the aggregate, acquired in connection with a previous campaign for or against the same candidate, candidates, party or referendum in connection with which the materials are utilized, if utilized by the same registrant previously acquiring the materials and previously reported by that registrant as a contribution under s. 11.06.
11.01(6)(b)7. 7. A gift, subscription, loan, advance, or deposit of anything of value received by a committee or group not organized exclusively for political purposes that the group or committee does not utilize for political purposes.
11.01(6)(b)8. 8. Any cost incurred to conduct Internet activity for a political purpose by an individual acting in his or her own behalf, or acting in behalf of another person if the individual is not compensated specifically for those services, including the cost or value of any equipment and services identified in s. 11.06 (13), but not including professional video production services purchased by the individual.
11.01(6)(b)9. 9. Any cost incurred for covering or carrying a news story, commentary, or editorial by a broadcasting station, cable television operator, producer, or programmer, Internet site, or newspaper or other periodical publication, including an Internet or other electronic publication except the cost of a news story that appears in a medium that is owned or controlled by a candidate, personal campaign committee of a candidate, support committee of a candidate that is authorized under s. 11.05 (3) (p), or a political party.
11.01(6L) (6L) "Corporation" includes a limited liability company.
11.01(7) (7)
11.01(7)(a)(a) Except as provided in par. (b), "disbursement" means any of the following:
11.01(7)(a)1. 1. A purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, except a loan of money by a commercial lending institution made by the institution in accordance with applicable laws and regulations in the ordinary course of business, made for political purposes. In this subdivision, "anything of value" means a thing of merchantable value.
11.01(7)(a)2. 2. A transfer of personalty, including but not limited to campaign materials and supplies, valued at the replacement cost at the time of transfer.
11.01(7)(a)3. 3. A contract, promise, or agreement, if legally enforceable, to make a purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value, except a loan of money by a commercial lending institution in accordance with applicable laws and regulations in the ordinary course of business, for a political purpose.
11.01(7)(a)4. 4. An expenditure authorized under s. 11.25 (2) (b) made from a campaign depository account.
11.01(7)(a)5. 5. Any payment for a communication to the general public for a political purpose by means of any broadcast, satellite communication, newspaper or other periodical publication, outdoor advertising facility, mass mailing, or mass telephoning to the general public, or any other form of advertising to the general public, except communications over the Internet by an individual acting in his or her own behalf, or acting in behalf of another person if the individual is not compensated specifically for those services, including the cost or value of any equipment and services identified in s. 11.06 (13).
11.01(7)(a)6. 6. Any payment for the purchase or rental of an electronic-mail address list made at the direction of a registrant for a political purpose.
11.01(7)(a)7. 7. Any payment for an electronic-mail address list that is transferred to a registrant for a political purpose.
11.01(7)(b) (b) "Disbursement" does not include any of the following:
11.01(7)(b)1. 1. The use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual's residential premises for a purpose under par. (a) 1. if no funds are raised with the knowledge of the host.
11.01(7)(b)2. 2. Any unreimbursed payment for travel expenses made by an individual who on his or her own behalf volunteers his or her personal services for political purposes.
11.01(7)(b)3. 3. The costs of preparation and transmission of personal correspondence, provided that the correspondence is not reproduced by machine for distribution.
11.01(7)(b)4. 4. Compensation or fringe benefits provided as a result of employment by an employer to regular employees or pensioners who are not compensated specifically for services performed for a political purpose, and not in excess of that provided to other regular employees or pensioners of like status.
11.01(7)(b)5. 5. The reuse of surplus materials or utilization of unused surplus materials not exceeding $400 in value at the time of original receipt, in the aggregate, acquired in connection with a previous campaign for or against the same candidate, candidates, party or referendum in connection with which the materials are utilized, if utilized by the same registrant previously acquiring the materials and previously reported by that registrant as a disbursement under s. 11.06.
11.01(7)(b)6. 6. A communication or Internet activity by an individual acting in his or her own behalf, or acting in behalf of another person if the individual is not compensated specifically for those services, including the cost or value of any equipment and services identified in s. 11.06 (13), but not including professional video production services purchased by the individual.
11.01(7)(b)7. 7. Any cost incurred in covering or carrying a news story, commentary, or editorial by a broadcasting station, cable television operator, programmer or producer, Internet site, or newspaper or other periodical publication, including an Internet or electronic publication, except the cost of a news story that appears in a medium that is owned or controlled by a candidate, personal campaign committee of a candidate, support committee of a candidate that is authorized under s. 11.05 (3) (p), or a political party.
11.01(7)(b)8. 8. A nominal fee paid for a communication to the general public.
11.01(8) (8) "Filing officer" means the official or agency determined in accordance with s. 11.02.
11.01(9) (9) "Filing requirement" means the continuing duty to file reports of contributions, disbursements or incurred obligations with the appropriate filing officer.
11.01(10) (10) "Group" or "political group" means any person other than an individual and any combination of 2 or more persons, permanent or temporary, which makes or accepts contributions or makes disbursements for the purpose of influencing the outcome of any referendum whether or not engaged in activities which are exclusively political.
11.01(11) (11) "Incurred obligation" means every express obligation to make any contribution or disbursement including every loan, guarantee of a loan or other obligation or payment for any goods, or for any services which have been performed or are to be performed in the future, incurred by a candidate, committee, individual or group for political purposes.
11.01(12) (12) "Intentionally" has the meaning given under s. 939.23.
11.01(12m) (12m) "Internet activity" includes sending or forwarding an electronic message; providing a hyperlink or other direct access on a person's Internet site to an Internet site operated by another person; blogging; creating, maintaining, or hosting an Internet site; payment by a person of a nominal fee for the use of an Internet site operated by another person; or any other form of communication distributed over the Internet.
11.01(12s) (12s) "Legislative campaign committee" means a committee which does not file an oath under s. 11.06 (7) organized in either house of the legislature to support candidates of a political party for legislative office.
11.01(15) (15) "Personal campaign committee" means a committee which is formed or operating for the purpose of influencing the election or reelection of a candidate, which acts with the cooperation of or upon consultation with the candidate or the candidate's agent or which is operating in concert with or pursuant to the authorization, request or suggestion of the candidate or the candidate's agent.
11.01(16) (16) An act is for "political purposes" when it is done for the purpose of influencing the election or nomination for election of any individual to state or local office, for the purpose of influencing the recall from or retention in office of an individual holding a state or local office, for the purpose of payment of expenses incurred as a result of a recount at an election, or for the purpose of influencing a particular vote at a referendum. In the case of a candidate, or a committee or group which is organized primarily for the purpose of influencing the election or nomination for election of any individual to state or local office, for the purpose of influencing the recall from or retention in office of an individual holding a state or local office, or for the purpose of influencing a particular vote at a referendum, all administrative and overhead expenses for the maintenance of an office or staff which are used principally for any such purpose are deemed to be for a political purpose.
11.01(16)(a) (a) Acts which are for "political purposes" include but are not limited to:
11.01(16)(a)1. 1. The making of a communication which expressly advocates the election, defeat, recall or retention of a clearly identified candidate or a particular vote at a referendum.
11.01(16)(a)2. 2. The conduct of or attempting to influence an endorsement or nomination to be made at a convention of political party members or supporters concerning, in whole or in part, any campaign for state or local office.
11.01(16)(b) (b) A "political purpose" does not include expenditures made for the purpose of supporting or defending a person who is being investigated for, charged with or convicted of a criminal violation of state or federal law, or an agent or dependent of such a person.
11.01(17g) (17g) "Public access channel" means a PEG channel, as defined in s. 66.0420 (2) (s), that is used for public access purposes, but does not include a PEG channel that is used for governmental or educational purposes.
11.01(17r) (17r) "Public access channel operator" means a person designated by a city, village, or town as responsible for the operation of a public access channel.
11.01(18m) (18m) "Registrant" means an individual or organization registered under s. 11.05 with a filing officer.
11.01(19) (19) "Salary" means the highest salary to which any candidate for a particular office would, if elected, be entitled during the first year of incumbency.
11.01 Annotation It may be appropriate to consider context in determining whether a communication "expressly advocates" within the meaning of sub.(16) (a) 1. The Elections Board's attempt to apply a context-based standard of express advocacy was an unfair attempt at retroactive rule-making, without any express statutory grant of authority, and thus, a violation of due process. Elections Board v. Wisconsin Manufacturers & Commerce, 227 Wis. 2d 650, 597 N.W.2d 721 (1999), 98-0596.
11.01 Annotation The term "political purposes" is not restricted to acts of express advocacy, but encompasses many acts undertaken to influence an election, including making contributions to an election campaign. Contributions may be in-kind, as well as in cash, and campaign organizations are required to report the receipt of in-kind contributions. Wisconsin Coalition for Voter Participation, Inc. v. State Elections Board, 231 Wis. 2d 670, 605 N.W.2d 654 (Ct. App. 1999), 99-2574.
11.01 Annotation Subs. (9) and (16), 1975 stats., [now subs. (10) and (16)] are constitutional only if narrowly construed to apply only to acts of express advocacy of the election or defeat of an identified candidate or referendum result. 65 Atty. Gen. 145.
11.02 11.02 Determination of filing officer. Except where the filing of duplicate reports or statements is specifically required by law, each person, committee or group subject to s. 11.05 shall have one filing officer. Such officer shall be determined as follows:
11.02(1) (1) The "filing officer" for each candidate for state office and for each committee which or individual who is acting in support of or in opposition to any candidate for state office is the board.
11.02(2) (2) The "filing officer" for each committee which or individual who is acting in support of or in opposition to any candidates for state and local offices is the board.
11.02(3) (3) Except as provided in sub. (3e), the "filing officer" for each candidate for local office and for each committee which or individual who is acting in support of or in opposition to any candidate for local office, but not any candidate for state office, is the clerk of the most populous jurisdiction for which any candidate who is supported or opposed seeks office.
11.02(3e) (3e) The "filing officer" for each candidate for municipal judge elected under s. 755.01 (4) and for each committee which or individual who is acting in support of or in opposition to such a candidate, but not any candidate for state office, is the county clerk or board of election commissioners of the county having the largest portion of the population in the jurisdiction served by the judge.
11.02(3m) (3m) The "filing officer" for an individual who or committee which supports or opposes an effort to circulate and file a petition to recall an individual who holds an office is the filing officer for candidates for that office.
11.02(4) (4) The "filing officer" for each group which or individual who is acting in support of or in opposition to any statewide referendum is the board.
11.02(5) (5) The "filing officer" for each group which or individual who is acting in support of or in opposition to any statewide and local referenda is the board.
11.02(6) (6) The "filing officer" for each group which or individual who is acting in support of or in opposition to any local referendum, but not any statewide referendum, is the clerk of the most populous jurisdiction in which any referendum being supported or opposed is conducted.
11.02(7) (7) If the jurisdiction under sub. (3) or (6) is a school district, the appropriate clerk is the school district clerk.
11.02 History History: 1975 c. 93; 1983 a. 491; 1985 a. 225, 303; 1999 a. 182.
11.03 11.03 Nonapplicability.
11.03(1)(1) Elections for the positions of presidential elector and convention delegate are not subject to ss. 11.05 to 11.23 and 11.26 to 11.29.
11.03(2) (2) Except as otherwise expressly provided, this chapter does not apply to any candidate for national office acting exclusively in support of the candidate's own campaign, with respect to such activities only.
11.03(3) (3) Except as otherwise expressly provided, this chapter does not apply to any individual or committee acting exclusively in support of or in opposition to any of the following:
11.03(3)(a) (a) Candidates for national office.
Loading...
Loading...
2011-12 Wisconsin Statutes updated though 2013 Wis. Act 200 and all Supreme Court Orders entered before April 18, 2014. Published and certified under s. 35.18. Changes effective after April 18, 2014 are designated by NOTES. (Published 4-18-14)