11.66 Elector may compel compliance.
Ch. 11 Note
NOTE: 2005 Wis. Act 451, which made major revisions to the election laws, including to Chapter 11, contains an extensive prefatory note explaining the changes.
Ch. 11 Cross-reference
Cross-reference: See definitions in s.
5.02.
Ch. 11 Cross-reference
Cross Reference: See also chs.
GAB 1 and
6, Wis. adm. code.
11.001
11.001
Declaration of policy. 11.001(1)
(1) The legislature finds and declares that our democratic system of government can be maintained only if the electorate is informed. It further finds that excessive spending on campaigns for public office jeopardizes the integrity of elections. It is desirable to encourage the broadest possible participation in financing campaigns by all citizens of the state, and to enable candidates to have an equal opportunity to present their programs to the voters. One of the most important sources of information to the voters is available through the campaign finance reporting system. Campaign reports provide information which aids the public in fully understanding the public positions taken by a candidate or political organization. When the true source of support or extent of support is not fully disclosed, or when a candidate becomes overly dependent upon large private contributors, the democratic process is subjected to a potential corrupting influence. The legislature therefore finds that the state has a compelling interest in designing a system for fully disclosing contributions and disbursements made on behalf of every candidate for public office, and in placing reasonable limitations on such activities. Such a system must make readily available to the voters complete information as to who is supporting or opposing which candidate or cause and to what extent, whether directly or indirectly. This chapter is intended to serve the public purpose of stimulating vigorous campaigns on a fair and equal basis and to provide for a better informed electorate.
11.001(2)
(2) This chapter is also intended to ensure fair and impartial elections by precluding officeholders from utilizing the perquisites of office at public expense in order to gain an advantage over nonincumbent candidates who have no perquisites available to them.
11.001(3)
(3) This chapter is declared to be enacted pursuant to the power of the state to protect the integrity of the elective process and to assure the maintenance of free government.
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)(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)(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(6L)
(6L) "Corporation" includes a limited liability company.
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)(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(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(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.
11.03
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:
