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:
Effective date text
(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), (1m), (2), (2m), and (9). The limitations prescribed in subs. (1), (1m), (2), (2m), 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.
11.26(8)(a)(a) No political party as defined in
s. 5.02 (13) may receive more than a total of $150,000 in value of its contributions in any biennium from all other committees, excluding contributions from legislative campaign committees and transfers between party committees of the party. In this paragraph, a biennium commences with January 1 of each odd-numbered year and ends with December 31 of each even-numbered year.
11.26(8)(b)
(b) No such political party may receive more than a total of $6,000 in value of its contributions in any calendar year from any specific committee or its subunits or affiliates, excluding legislative campaign and political party committees.
11.26(8)(c)
(c) No committee, other than a political party or legislative campaign committee, may make any contribution or contributions, directly or indirectly, to a political party under
s. 5.02 (13) in a calendar year exceeding a total value of $6,000.
Effective date note
NOTE: Sub. (8) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(8) (a) Subject to sub. (10a) and except as provided in sub. (8n), no political party as defined in s. 5.02 (13) may receive more than a total of $450,000 in value of its contributions in any biennium from all other committees, excluding transfers between party committees of the same party. In this paragraph, "biennium " means the time period commencing with January 1 of each odd-numbered year and ending with December 31 of each even-numbered year.
Effective date text
(b) Subject to sub. (10a) and except as provided in sub. (8n), no such political party may receive more than a total of $18,000 in value of its contributions in any calendar year from any specific committee or that specific committee's subunits or affiliates, excluding transfers between party committees of the same party.
Effective date text
(c) Subject to sub. (10a) and except as provided in sub. (8n), no committee, other than a political party committee, may make any contribution or contributions, directly or indirectly, to a political party under s. 5.02 (13) in a calendar year exceeding a total value of $18,000.
11.26(8n)(a)(a) Subject to
sub. (10a), a political party, as defined in
s. 5.02 (13), may receive and accept for use under
par. (b) up to a total of $450,000 in value of contributions in any biennium made or transferred to the party by all other individuals, committees, and conduits combined, excluding transfers between party committees of the same party. A political party may receive and accept a contribution transferred by a conduit under this paragraph only if the original contributor designated that the contribution was made for the purpose of contributing to accounts established by the political party under
par. (b).
Subsection (8) does not apply to contributions received and accepted under this paragraph. In this paragraph, "biennium" has the meaning given in
sub. (8) (a).
11.26(8n)(b)
(b) A political party that receives and accepts a contribution under
par. (a) shall maintain 2 segregated accounts, one designated as a "
Section 11.26 (8n) Senate Account" and one designated as a "
Section 11.26 (8n) Assembly Account." The political party shall deposit one-half of each contribution received and accepted under
par. (a) in each account. Contributions deposited in the senate account may be disbursed only for the purpose of making contributions to candidates for the office of state senator that the candidates are authorized to receive and accept under
sub. (9) (a). Contributions deposited in the assembly account may be disbursed only for the purpose of making contributions to candidates for the office of representative to the assembly that the candidates are authorized to receive and accept under
sub. (9) (a).
11.26(8r)(a)(a) Except as provided in
par. (b), no committee may make a contribution to any other committee except a political party, personal campaign, or support committee.
11.26(8r)(b)
(b) Paragraph (a) does not apply to any contribution made by a committee to a bona fide affiliate of the committee, unless:
11.26(8r)(b)1.
1. The committees are affiliated only by means of affiliation with a confederation of multiple labor organizations or multiple trade interests; or
11.26(8r)(b)2.
2. Either committee is a confederation of multiple labor organizations or multiple trade interests.
11.26(9)(a)(a) No individual who is a candidate for state or local office may receive and accept more than 65% of the value of the total disbursement level determined under
s. 11.31 for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party and legislative campaign committees.
Effective date note
NOTE: Sub. (9) (a) is renumbered sub. (9) (a) (intro.) and amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
11.26 Note
(a) Except as provided under sub. (9m), no individual who is a candidate for state or local office may receive and accept more than 65% of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided under s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party committees, except as follows:
11.26(9)(a)1.
1. If a report filed under
s. 11.12 (8) indicates that a candidate for legislative office has made disbursements exceeding the amount specified under
s. 11.31 (1) (e) or
(f) for the office that the candidate seeks, as adjusted under
s. 11.31 (9), then each opposing candidate may exceed the limitation under this paragraph by receiving and accepting contributions from a political party committee paid out of the applicable account established under
sub. (8n) (b) in an amount equivalent to the total amount by which the combined total of all such disbursements exceeds the applicable amount specified under
s. 11.31 (1) (e) or
(f), as adjusted under
s. 11.31 (9).
11.26(9)(a)2.
2. If a report filed under
s. 11.12 (6) (am) or
(c) indicates that disbursements have been made or are proposed to be made against a candidate for legislative office or in support of such a candidate's opponent, or that obligations have been incurred for such a purpose, and if the aggregate total of such disbursements, proposed disbursements, and obligations, less any disbursements made, or to be made, for the purpose of the payment of obligations that were previously reported, exceeds 5% of the amount specified under
s. 11.31 (1) (e) or
(f) for the office that the candidate seeks, as adjusted under
s. 11.31 (9), then the candidate may exceed the limitation provided under this paragraph by receiving and accepting contributions from a political party committee paid out of the applicable account established under
sub. (8n) (b) in an amount equivalent to the total amount of the disbursements and obligations reported under
s. 11.12 (6) (am) during the period beginning with the 60th day preceding the general, special, or spring election at which the candidate seeks office and ending with the 31st day preceding that election, together with the total amount of the proposed disbursements and obligations reported under
s. 11.12 (6) (c), less the amount of any disbursements made, or to be made, for the purpose of the payment of obligations that were previously reported.
11.26(9)(a)3.
3. A candidate for a partisan state office other than district attorney may exceed the limitation under this paragraph by receiving and accepting a contribution from a political party committee made under
s. 11.50 (2s) (f).
11.26(9)(a)4.
4. A candidate for a partisan state office other than district attorney may exceed the limitation under this paragraph by receiving and accepting a grant under
s. 11.50 (4) (bg) or
(br).
11.26(9)(am)
(am) Except as otherwise provided in this paragraph and
sub. (9m), no individual who is a candidate for a state office specified in
s. 11.31 (1) (a) to
(de),
(e), or
(f) may receive and accept more than the amount specified below during any primary and election campaign combined from all committees other than political party committees subject to a filing requirement. The amounts are as follows:
11.26(9)(am)1.
1. Candidates for the office of governor, 35% of the value of the total disbursement level determined under
s. 11.31 (1) (a), adjusted as provided under
s. 11.31 (9).
11.26(9)(am)2.
2. All other candidates subject to this paragraph, 40% of the total disbursement level determined under
s. 11.31 (1), adjusted under
s. 11.31 (9), for the office that the candidate seeks.
11.26(9)(b)
(b) No individual who is a candidate for state or local office may receive and accept more than 45% of the value of the total disbursement level determined under
s. 11.31 for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement.
Effective date note
NOTE: Par. (b) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(b) No individual who is a candidate for state office, other than a state office described in par. (am), or local office may receive and accept more than 45% of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided under s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party committees subject to a filing requirement.
11.26(9)(c)
(c) For purposes of
pars. (a) and
(b), a "committee" includes the Wisconsin election campaign fund.
11.26(9m)(a)(a) If a report filed under
s. 11.12 (8) indicates that a candidate has made disbursements exceeding the amount specified under
s. 11.31 (1) (a) to
(de),
(e), or
(f) for the office that the candidate seeks, as adjusted under
s. 11.31 (9), then the limitations under
subs. (1),
(1m),
(2), and
(2m) applicable to contributions made to each opposing candidate are doubled. In addition,
s. 11.24 (1w) and
sub. (9) do not apply to any contributions received by each opposing candidate that the opposing candidate intends to use to make disbursements in response to the disbursements reported under
s. 11.12 (8), as reported by the opposing candidate under
s. 11.06 (1) (cm), to the extent that the contributions do not exceed the total amount by which the combined total of all such disbursements reported under
s. 11.12 (8) exceeds the applicable amount specified under
s. 11.31 (1) (a) to
(de),
(e), or
(f), as adjusted under
s. 11.31 (9). If the opposing candidate receives grant moneys under
s. 11.50 (4) (bg),
sub. (9) does not apply to those grant moneys.
11.26(9m)(b)
(b) If a report filed under
s. 11.12 (6) (am) or
(c) indicates that disbursements have been made, or are to be made, in any campaign against a candidate, or in support of such a candidate's opponent, or that obligations have been incurred for such a purpose, and if the aggregate total of such disbursements, proposed disbursements, and obligations, less any disbursements made, or to be made, for the purpose of the payment of obligations previously reported, exceeds 5% of the amount specified under
s. 11.31 (1) (a) to
(de),
(e), or
(f), for the office that the candidate seeks, as adjusted under
s. 11.31 (9), the limitations under
subs. (1),
(1m),
(2), and
(2m) applicable to contributions made to that candidate are doubled. In addition,
s. 11.24 (1w) and
sub. (9) do not apply to any contributions received by the candidate that the candidate intends to use to make disbursements in response to the disbursements, proposed disbursements, or obligations reported under
s. 11.12 (6) (am) or
(c), as reported by the candidate under
s. 11.06 (1) (cm), to the extent that the contributions do not exceed the combined total of all such disbursements and obligations reported under
s. 11.12 (6) (am) during the period beginning with the 60th day preceding the general, special, or spring election at which the candidate seeks office and ends with the 31st day preceding that election, together with the total amount of proposed disbursements and obligations reported under
s. 11.12 (6) (c), less the amount of any disbursements made, or to be made, for the purpose of the payment of obligations previously reported. If the candidate receives grant moneys under
s. 11.50 (4) (bg) or
(br),
sub. (9) does not apply to those grant moneys.
11.26(10)
(10) No candidate for state office who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make contributions of more than 200% of the amounts specified in
sub. (1) to the candidate's own campaign 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, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under
s. 11.50 (2) (h), or
s. 11.50 (2) (i) applies. For purposes of this subsection, any contribution received by a candidate or his or her personal campaign committee from a committee which is registered with the federal elections commission as the authorized committee of the candidate under
2 USC 432 (e) shall be treated as a contribution made by the candidate to his or her own campaign. The contribution limit of
sub. (4) applies to amounts contributed by such a candidate personally to the candidate's own campaign and to other campaigns, except that a candidate may exceed the limitation if authorized under this subsection to contribute more than the amount specified to the candidate's own campaign, up to the amount of the limitation.
Effective date note
NOTE: Sub. (10) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(10) No candidate for state office who files an application to receive a grant from the Wisconsin election campaign fund and an affidavit under s. 11.31 (2m) (a) may make contributions of more than 200% of the applicable amount specified in sub. (1) to the candidate's own campaign 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, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.31 (3p) or 11.50 (2) (i) applies to the candidate. For purposes of this subsection, any contribution received by a candidate or his or her personal campaign committee from a committee which is registered with the federal elections commission as the authorized committee of the candidate under 2 USC 432 (e) shall be treated as a contribution made by the candidate to his or her own campaign. The contribution limit of sub. (4) applies to amounts contributed by such a candidate personally to the candidate's own campaign and to other campaigns, except that a candidate may exceed the limitation if authorized under this subsection to contribute more than the amount specified to the candidate's own campaign, up to the amount of the limitation.
11.26(10a)(a)(a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.
11.26(10a)(b)
(b) The dollar amounts of the limitations under
subs. (1),
(1m),
(2),
(2m),
(4),
(8), and
(8n) are subject to a biennial adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall, in each year that the adjustment is made, calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for calendar year 2003. Beginning in 2006 and every 2 years thereafter, the board shall multiply the amount of each limitation under
subs. (1),
(1m),
(2),
(2m),
(4),
(8), and
(8n) by the percentage difference in the consumer price indexes. The board shall then add that product to the applicable limitation under
subs. (1),
(1m),
(2),
(2m),
(4),
(8), and
(8n), round each sum to the nearest multiple of $5, and adjust the amount of each limitation to substitute the resulting amount. The amount so determined shall then be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding
s. 227.24 (1) (a),
(2) (b), and
(3), determinations under this subsection may be promulgated as an emergency rule under
s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare and without a finding of emergency.
11.26(11)
(11) Excess contributions shall be returned to the donor or treated in accordance with
s. 11.12 (2) or
11.23 (2), at the option of the treasurer.
11.26(12)
(12) In computing the limitations under this section, any transfer of funds between the candidates for governor and lieutenant governor of the same political party in the general election may be excluded.
11.26(12m)
(12m) For purposes of this section, a contribution of money received from a conduit identified in the manner prescribed in
s. 11.06 (11) (a) shall be considered a contribution received from the original contributor.
11.26(13)
(13) Except as provided in
sub. (9), contributions received from the Wisconsin election campaign fund are not subject to limitation by this section.
11.26(13m)
(13m) Contributions utilized for the following purposes are not subject to limitation by this section:
11.26(13m)(a)
(a) For the purpose of payment of legal fees and other expenses incurred as a result of a recount at an election.
11.26(13m)(b)
(b) For the purpose of payment of legal fees and other expenses incurred in connection with the circulation, offer to file or filing, or with the response to the circulation, offer to file or filing, of a petition to recall an officer prior to the time a recall primary or election is ordered, or after that time if incurred in contesting or defending the order.
11.26(14)
(14) No candidate or committee may receive and accept any contribution or contributions made in violation of this section.
11.26(15)
(15) The fact that 2 or more committees, other than personal campaign committees, utilize common policies and practices concerning the endorsement of candidates or agree to make contributions only to such endorsed candidates does not affect the right of each committee independently to make contributions up to the amount specified under
sub. (2).
Effective date note
NOTE: Sub. (15) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(15) The fact that 2 or more committees, other than personal campaign committees, utilize common policies and practices concerning the endorsement of candidates or agree to make contributions only to such endorsed candidates does not affect the right of each committee independently to make contributions up to the applicable amount specified under sub. (1), (1m), (2), or (2m).
11.26(16)
(16) Contributions constituting surplus materials acquired in connection with a previous campaign of a candidate are not subject to limitation by this section, if the materials were previously reported as a contribution by that candidate.
11.26(17)(a)(a) For purposes of application of the limitations imposed in
subs. (1),
(2),
(9) and
(10), the "campaign" of a candidate begins and ends at the times specified in this subsection.
Effective date note
NOTE: Par. (a) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(a) For purposes of application of subs. (1), (1m), (2), (2m), (9), (9m), and (10), the "campaign" of a candidate begins and ends at the times specified in this subsection.
11.26(17)(b)
(b) In the case of a candidate who has not been a candidate in a previous election for which he or she continues to be registered under
s. 11.05, the "campaign" of the candidate begins when the candidate or the candidate's personal campaign committee is required to file a registration statement with the appropriate filing officer.
11.26(17)(c)
(c) In the case of a candidate who has been a candidate in a previous election for which he or she continues to be registered under
s. 11.05, the "campaign" of the candidate begins on the day after the closing date for the period covered by the first financial report filed by or on behalf of the candidate subsequent to the date of the previous election, or if the candidate has incurred obligations from a previous campaign, the date on which the candidate receives sufficient contributions to retire those obligations, whichever is later, except that the "campaign" of a candidate at a special election begins when the candidate or the candidate's personal campaign committee is required to file or change the information on a registration statement as a result of the candidacy.
11.26(17)(d)
(d) In the case of any candidate at the spring primary or election or the September primary or general election, the "campaign" of the candidate ends on June 30 or December 31 following the date on which the election or primary is held in which the candidate is elected or defeated, or the date on which the candidate receives sufficient contributions to retire any obligations incurred in connection with that contest, whichever is later. In the case of any candidate at a special primary or election, the "campaign" of the candidate ends on the last day of the month following the month in which the primary or election is held in which the candidate is elected or defeated, or the date on which the candidate receives sufficient contributions to retire any obligations incurred in connection with that contest, whichever is later.
11.26(17)(e)
(e) The campaign of a candidate in a future election who has incurred obligations from a previous campaign may begin before the candidate receives sufficient contributions to retire all obligations incurred in connection with the previous campaign, but may not begin before the day after the closing date for the period covered by the first financial report filed by or on behalf of the candidate subsequent to the date of the previous election except as provided for a special election under
par. (c).
11.26(17)(f)
(f) Notwithstanding
pars. (b) to
(d), contributions for inaugural expenses paid by a candidate, personal campaign committee or support committee authorized under
s. 11.05 (3) (p) from a campaign depository account are subject to the limitations of this section, but the registrant paying the expenses may elect to charge the contributions to a present or possible future campaign of the individual in connection with whose inauguration the expenses are paid.
11.26 Note
NOTE: 1985 Wis. Act 303, s.
1, states legislative intent regarding political party and legislative campaign committees' independent expenditures.
11.26 Annotation
Sub. (9) (a) does not violate the first amendment or equal protection; it is narrowly tailored to accomplish a legislative goal while allowing significant political expression. Gard v. State Elections Board,
156 Wis. 2d 28,
456 N.W.2d 809 (1990).
11.26 Annotation
The constitutionality of various provisions is discussed. 65 Atty. Gen. 237.
