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1211.1109 In-kind contributions. Before making a contribution, as defined
13under s. 11.0101 (8) (a) 2., to a committee, the prospective contributor shall notify the
14administrator or treasurer of the committee and obtain that individuals oral or
15written consent to the contribution.
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1611.1110 Return of contributions. (1) A committee required to report under
17this chapter may return a contribution at any time before or after it has been
18deposited.
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19(2) (a) Except as provided in par. (b), the subsequent return of a contribution
20deposited contrary to law does not constitute a defense to a violation.
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(b) A committee that accepts a contribution contrary to law, reports that
22contribution, and returns that contribution within 15 days after the filing date for
23the reporting period in which the contribution is received does not violate the
24contribution or source limits under this subchapter.
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2511.1111 Valuation of opinion poll results. (1) In this section:
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1(a) "Election period" means any of the following:
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1. The period beginning on December 1 and ending on the date of the spring
3election.
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2. The period beginning on May 1 and ending on the date of the general election.
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3. The period beginning on the first day for circulating nomination papers and
6ending on the date of a special election.
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(b) "Initial recipient" means the individual who or committee which
8commissions a public opinion poll or voter survey.
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(c) "Results" means computer output or a written or verbal analysis.
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(d) "Voter survey" includes acquiring information that identifies voter
11attitudes concerning candidates or issues.
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12(2) If a committee receives opinion poll or voter survey results during the first
1315 days after the initial recipient receives the results, and the committee received the
14results during an election period, the committee shall report the results as a
15contribution. The committee shall report the contribution's value as 100 percent of
16the cost incurred by the initial recipient to commission the poll or survey, except that
17if more than one committee receives the results, the committees shall report the
18contribution's value as 100 percent of the amount allocated to the committee under
19sub. (5).
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20(3) If the committee receives the opinion poll or voter survey results 16 to 60
21days following the day on which the initial recipient received the results, and the
22committee received the results during an election period, the committee shall report
23the results as a contribution valued at 50 percent of the cost incurred by the initial
24recipient to commission the poll or survey, except that if more than one committee
1receives the results, the committees shall report the contribution's value as 50
2percent of the amount allocated to the committee under sub. (5).
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3(4) If the committee receives the opinion poll or voter survey results more than
460 days after the initial recipient received the results the committee is not required
5to report the results as a contribution.
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6(5) If a person contributes opinion poll or voter survey results to more than one
7committee, the person shall apportion the value of the poll or survey to each
8committee receiving the results by one of the following methods and shall provide the
9apportioned values to the committees:
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(a) Determine the share of the cost of the opinion poll or voter survey that is
11allocable to each recipient based on the allocation formula used by the person that
12conducted the poll or survey.
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(b) Determine the share of the cost of the opinion poll or voter survey that is
14allocable to each recipient by dividing the cost of the poll or survey equally among
15all the committees receiving the results.
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(c) Determine the share of the cost of the opinion poll or voter survey that is
17allocable to each recipient as follows:
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1. Divide the number of question results received by each recipient by the total
19number of question results received by all recipients.
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2. Multiple the total cost of the poll or survey by the number determined under
21subd. 1.
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22(6) If a person makes a contribution of opinion poll or voter survey results to
23a committee after the person has apportioned the value of the results to previous
24recipients under sub. (5), the person shall make a good faith effort to apportion the
25value to the committee, considering the value apportioned to other recipients under
1sub. (5), and shall report that value to the committee. For purposes of this
2subsection, the total value of the contributor's aggregate contributions may exceed
3the original cost of the poll or survey.
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4(7) A person who contributes opinion poll or voter survey results shall maintain
5records sufficient to support the contribution's value and shall provide the
6contribution's value to the recipient.
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711.1112 Corporations, cooperatives, and tribes. No foreign or domestic
8corporation, no association organized under ch. 185 or 193, no labor organization,
9and no federally recognized American Indian Tribe may make a contribution to a
10committee, other than an independent expenditure committee or referendum
11committee, but may make a contribution to a segregated fund as provided under s.
1211.1104 (6).
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1311.1113 Sole proprietors, partnerships, and limited liability
14companies. (1) A contribution made to a committee by a sole proprietorship is
15considered a contribution made by the individual who is the sole proprietor and
16subject to the limits under this subchapter.
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17(2) A contribution made to a committee by a partnership is considered a
18contribution made by each of the contributing partners and subject to the limits
19under this subchapter. A partnership that makes a contribution to a committee shall
20provide to the committee the names of the contributing partners and the amount of
21the individual contribution made by each partner. For purposes of determining the
22individual contribution amounts made by each partner, the partnership shall
23attribute the individual contributions according to each partner's share of the
24partnership's profits, unless the partners agree to apportion the contribution in a
25different manner.
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1(3) Limited liability companies. (a) A contribution made to a committee by a
2limited liability company treated as a partnership by the federal internal revenue
3service pursuant to
26 CFR 301.7701-
3 is considered a contribution made by each
4of the contributing members and subject to the limits under this subchapter. A
5limited liability company that makes a contribution under this paragraph shall
6affirm to the candidate committee that it is treated as a partnership for federal tax
7purposes and eligible to make the contribution. The company shall provide to the
8committee the names of the contributing members and the amount of the individual
9contribution made by each member. For purposes of determining the individual
10contribution amounts made by each member, the company shall attribute the
11individual contributions according to each member's share of the company's profits,
12unless the members agree to apportion the contribution in a different manner.
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(b) A contribution made to a candidate committee by a single-member limited
14liability company in which the sole member is an individual is considered a
15contribution made by that individual and subject to the individual limits under s.
1611.1101 (1). A limited liability company that makes a contribution under this
17paragraph shall affirm to the candidate committee that it is a single-member limited
18liability company in which the sole member is an individual and eligible to make the
19contribution.
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2011.1114 Two candidate committees. (1) If a candidate establishes a 2nd
21candidate committee under s. 11.0202 (2) to pursue a state or local office for which
22the contribution limit under this subchapter is higher than the contribution limit for
23the office that the candidate originally sought, the 2nd candidate committee may
24accept contributions up to the higher limit, but shall take into account the amount
25of any contributions transferred from the first candidate committee to the 2nd
1candidate committee to determine whether the 2nd candidate committee has
2reached or exceeded the higher limits.
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3(2) If a candidate establishes a 2nd candidate committee under s. 11.0202 (2)
4to pursue a state or local office for which the contribution limit under this subchapter
5is lower than the contribution limit for the office that the candidate originally sought,
6the first candidate committee may transfer its contributions to the 2nd candidate
7committee in an amount not to exceed the contribution limits applicable to the 2nd
8candidate committee.
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9(3) Upon termination of a 2nd candidate committee, the 2nd candidate
10committee may transfer any of its remaining funds to the first candidate committee
11in amounts not to exceed the contribution limits applicable to the persons who
12contributed to the first candidate committee.
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subchapter XII
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prohibited practices
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1511.1201 False reports and statements. No person may prepare or submit
16a false report or statement to a filing officer under this chapter.
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1711.1202 Earmarking. (1) The treasurer of a candidate committee may agree
18with a prospective contributor that a contribution is received to be used for a specific
19purpose not prohibited by law. That purpose may not include a disbursement to a
20committee to support or oppose another candidate.
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21(2) When a contribution is made to a committee other than a candidate
22committee, the contributor may not direct the committee to make a disbursement to
23a committee to support or oppose another candidate.
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24(3) Except for transfers of membership-related moneys between committees
25of the same political party, no committee may transfer to another committee the
1earmarked contributions of others. Transfers of membership-related moneys
2between political parties shall be treated in the same manner as other transfers.
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311.1203 Coordination. (1) No person may make a disbursement for express
4advocacy that is coordinated with a candidate, candidate committee, candidate's
5agent, the legislative campaign committee of the candidate's party, or a political
6party in violation of the contribution limits under s. 11.1101 or the source restrictions
7under s. 11.1112.
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8(2) (a) For purposes of this section, a disbursement for express advocacy is
9coordinated if any of the following apply:
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1. The disbursement is made at the request or suggestion of the candidate or
11candidate's agent.
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2. The candidate exercises control over the disbursement.
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3. The candidate engages in substantial discussions or negotiations with the
14person making the disbursement regarding any of the following:
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a. The communication's content.
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b. The communication's timing.
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c.
The location, form, or intended audience of the communication.
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d. The number or frequency of communications.
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(b) If a disbursement for express advocacy is not in violation of the coordination
20prohibitions under sub. (1), all of the following apply:
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1. The person making the disbursement shall report the disbursement if the
22person is a committee subject to the reporting requirements under this chapter.
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2. The candidate committee shall report the disbursement as a contribution.
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2411.1204 Unlawful political contributions. (1) Subject to sub. (2), no person
25may, directly or indirectly, make any contribution other than from funds or property
1belonging to the person. No person may, directly or indirectly, give funds or property
2to another person for the purpose of making a contribution in other than the person's
3own name.
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4(2) A conduit releasing a contribution of money in the manner prescribed in s.
511.0704 does not violate sub. (1).
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6(3) No person may intentionally accept or receive any contribution made in
7violation of this chapter.
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811.1205 Use of government materials by candidates.
(1) (a) Except as
9provided in sub. (2), no person elected to state or local office who becomes a candidate
10for national, state, or local office may use public funds for the cost of materials or
11distribution for 50 or more pieces of substantially identical material distributed
12after:
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1. In the case of a candidate who is nominated by nomination papers, the first
14day authorized by law for circulation of nomination papers as a candidate.
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2. In the case of a candidate who is nominated at a primary election by write-in
16votes, the day the board of canvassers issues its determination that the person is
17nominated.
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3. In the case of a candidate who is nominated at a caucus, the date of the
19caucus.
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4. In the case of any other candidate who is nominated solely by filing a
21declaration of candidacy, the first day of the month preceding the month which
22includes the last day for filing the declaration.
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(b) This subsection applies until after the date of the election or after the date
24of the primary election if the person appears as a candidate on a primary election
25ballot and is not nominated at the primary election.
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1(2) This section does not apply to use of public funds for the costs of the
2following:
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(a) Answers to communications of constituents.
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(b) Actions taken by a state or local government administrative officer
5pursuant to a specific law, ordinance or resolution which authorizes or directs the
6actions to be taken.
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(c) Communications between members of the legislature regarding the
8legislative or deliberative process while the legislature is in session.
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(d) Communications not exceeding 500 pieces by members of the legislature
10relating solely to the subject matter of a special session or extraordinary session,
11made during the period between the date that the session is called or scheduled and
1214 days after adjournment of the session.
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1311.1206 Travel by public officers. (1) No person may use any vehicle or
14aircraft owned by the state or by any local governmental unit for any trip which is
15exclusively for the purposes of campaigning to support or oppose any candidate for
16national, state, or local office, unless use of the vehicle or aircraft is required for
17purposes of security protection provided by the state or local governmental unit.
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18(2) No person may use any vehicle or aircraft owned by the state or by any local
19governmental unit for purposes that include campaigning to support or oppose any
20candidate for national, state, or local office, unless the person pays to the state or
21local governmental unit a fee which is comparable to the commercial market rate for
22the use of a similar vehicle or aircraft and for any services provided by the state or
23local governmental unit to operate the vehicle or aircraft. If a trip is made in part
24for a public purpose and in part for the purpose of campaigning, the person shall pay
25for the portion of the trip attributable to campaigning, but in no case less than 50
1percent of the cost of the trip. The portion of the trip attributable to campaigning
2shall be determined by dividing the number of appearances made for campaign
3purposes by the total number of appearances. Fees payable to the state shall be
4prescribed by the secretary of administration and shall be deposited in the account
5under s. 20.855 (6) (h). Fees payable to a local governmental unit shall be prescribed
6by the governing body of the governmental unit.
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711.1207 Political solicitation involving public officials and employees
8restricted. (1) (a) Except as provided in par. (b) and (c), no person may solicit or
9receive from any state officer or employee or from any officer or employee of the
10University of Wisconsin Hospitals and Clinics Authority any contribution or service.
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(b) Paragraph (a) does not apply to a contribution or service solicited or received
12from a state officer or employee or an officer or employee of the University of
13Wisconsin Hospitals and Clinics Authority who is on an unpaid leave of absence at
14the time of the solicitation or receipt.
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(c) Paragraph (a) does not apply to communications about a referendum.
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16(3) No person may solicit or receive from any officer or employee of a political
17subdivision of this state any contribution or service during established hours of
18employment or while the officer or employee is engaged in his or her official duties.
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19(4) Every person who has charge or control in a building, office, or room
20occupied for any purpose by this state, by any political subdivision thereof, or by the
21University of Wisconsin Hospitals and Clinics Authority shall prohibit the entry of
22any person into that building, office, or room for the purpose of making or receiving
23a contribution.
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24(5) No person may enter or remain in any building, office, or room occupied for
25any purpose by the state, by any political subdivision thereof or by the University of
1Wisconsin Hospitals and Clinics Authority or send or direct a letter or other notice
2thereto for the purpose of requesting or collecting a contribution.
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3(6) This section does not apply to a response by a legal custodian or subordinate
4of the custodian to a request to locate, reproduce, or inspect a record under s. 19.35
5if the request is processed in the same manner as the custodian or subordinate
6responds to other requests to locate, reproduce, or inspect a record under s. 19.35.
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711.1208 Unlawful political disbursements and obligations. (1) No
8person may intentionally receive or accept anything of value, or any promise or
9pledge thereof, constituting a disbursement made or obligation incurred contrary to
10law.
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11(3) (a) Except as provided in pars. (b) and (c), a committee may not make a
12disbursement or incur an obligation for the committee's or an individual's strictly
13personal use.
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(b) A committee may accept contributions and make disbursements from a
15campaign depository account for any of the following:
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1. For the purpose of making disbursements in connection with a campaign for
17national office.
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2. For payment of civil penalties incurred by the committee under this chapter
19but not under any other chapter.
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3. For the purpose of making a donation to a charitable organization or the
21common school fund.
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4. For payment of the expenses of nonpartisan campaigns to increase voter
23registration or participation.
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(c) A candidate committee may accept contributions and make disbursements
25from a campaign depository account for payment of inaugural expenses of an
1individual who is elected to state or local office. Inaugural expenses paid from
2contributions made to the campaign depository account are reportable under s.
311.0204 (1) as disbursements and are subject to the limits under s. 11.1101.
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4(4) No contributions to or disbursements from a committee's depository
5account may be invested for the purpose of producing income unless the investment
6is in direct obligations of the United States and of agencies and corporations wholly
7owned by the United States, commercial paper maturing within one year from the
8date of investment, preferred shares of a corporation, or securities of an investment
9company registered under the federal investment company act of 1940 (
15 USC 80a)
10and registered for public offer and sale in this state of the type commonly referred
11to as a "money market fund".
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subchapter XIII
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Administration
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1411.1301 Defense fund authorized. (1) Any candidate or public official who
15is being investigated for, charged with, or convicted of a criminal violation of this
16chapter or ch. 12, or whose agent is so investigated, charged, or convicted, may
17establish a defense fund for disbursements supporting or defending the candidate,
18official, or agent, or any dependent of the candidate, official, or agent, while that
19person is being investigated for, or while the person is charged with or convicted of
20a criminal violation of this chapter or ch. 12.
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21(2) No person may use a contribution received from a contributor to a candidate
22committee fund for a purpose for which a defense fund is authorized under sub. (1)
23unless the person obtains the contributor's authorization. Notwithstanding s.
2411.1202 (3), any contributor may authorize the transfer of all or part of a contribution
25from a campaign fund to a defense fund.