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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.
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111.1302 Donations to charitable organizations or school fund. Any
2committee may make a donation to a charitable organization or the common school
3fund from the committee's depository account. No later than 5 days after a committee
4makes a donation to a charitable organization or the common school fund from the
5committee's depository account, the committee shall notify the committee's filing
6officer in writing of the name of the donee and the date of the donation, and shall
7provide an explanation for not retaining the amount donated in the committee's
8depository account.
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911.1303 Attribution of political contributions, disbursements and
10communications. (1) No disbursement may be made anonymously and no
11contribution or disbursement may be made in a fictitious name or by one person or
12organization in the name of another.
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13(2) (a) Every printed advertisement, billboard, handbill, sample ballot,
14television or radio advertisement, or other communication which is paid for by any
15contribution or disbursement shall clearly identify its source.
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(b) Every communication described under par. (a) the cost of which is paid for
17or reimbursed by a committee, or for which a committee assumes responsibility,
18whether by accepting a contribution or making a disbursement, shall identify its
19source by the words "Paid for by" followed by the name of the committee making the
20payment or reimbursement or assuming responsibility for the communication and
21may include the name of the treasurer or other authorized agent of the committee.
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(c) Every communication described under par. (a) that is directly paid for or
23reimbursed by an individual, including a candidate who is serving as his or her own
24candidate committee treasurer, or for which an individual assumes responsibility,
25whether by accepting a contribution or making a disbursement, shall identify its
1source by the words "Paid for by" followed by the name of the candidate or other
2individual making the payment or reimbursement or assuming responsibility for the
3communication.
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(d) In addition to the requirements of pars. (a) to (c), a person required to submit
5an affirmation under oath, as provided under s. 11.0505 (1) (b) 6., 11.0605 (1) (b) 6.,
6or 11.1001 (1) (b) 6. shall also include the words "Not authorized by any candidate
7or candidate's agent or committee" in every communication supporting or opposing
8any clearly identified candidate.
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(e) Communications under this section by a candidate committee may identify
10the name of the candidate committee, except as provided in par. (b) 2. and except that
11no abbreviation may be used to identify the committee.
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(em) Each printed advertisement, billboard, handbill, paid television or radio
13advertisement, or other communication made for the purpose of influencing the
14recall from or retention in office of an individual holding a state or local office shall
15clearly identify its source in the manner prescribed in pars. (b) and (c).
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(f) This subsection does not apply to communications printed on small items
17on which the information required by this subsection cannot be conveniently printed.
18The board may, by rule, specify small items to which this subsection shall not apply.
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(g) The attributions required by this subsection in written communications
20shall be readable, legible, and readily accessible.
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21(3) Whenever any person receives payment from another person, in cash or
22in-kind, for the direct or indirect cost of conducting a poll concerning support or
23opposition to a candidate, political party, or referendum, the person conducting the
24poll shall, upon request of any person who is polled, disclose the name and address
1of the person making payment for the poll and, in the case of a committee, the name
2of the treasurer of the committee making payment.
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311.1304 Duties of the government accountability board. The board shall:
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4(1) Prescribe forms for making the reports, statements, and notices required
5by this chapter. The board shall make the forms available free of charge on the
6board's Internet site and shall distribute or arrange for the distribution of all forms
7for use by other filing officers.
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8(2) Upon request, transmit a form described under sub. (1), free of charge, by
9facsimile or by 1st class mail.
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10(3) (a) Prepare and publish for the use of persons required to file reports and
11statements under this chapter a manual setting forth simply and concisely
12recommended uniform methods of bookkeeping and reporting.
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(b) Prepare, publish, and revise as necessary a manual simply and concisely
14describing the filing and registration requirements established in this chapter in
15detail, as well as other major provisions of this chapter and ch. 12.
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16(4) Develop a filing, coding, and cross-indexing system consonant with the
17purposes of this chapter.
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18(5) Assign an identification number to each committee for whom the board acts
19as a filing officer under s. 11.0102 (1) and to each conduit.
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20(6) (a) Except as provided in par. (b), require each committee for whom the
21board serves as filing officer under s. 11.0102 (1) to file each campaign finance report
22that is required to be filed under this chapter in an electronic format. The board shall
23permit an authorized individual to provide at the time of filing an electronic
24signature, as defined in s. 137.11 (8), that is subject to a security procedure, as
25defined in s. 137.11 (13). A committee that files a report under this subsection in an
1electronic format may file with the board that portion of the report signed by an
2authorized individual rather than submit the electronic signature of that individual.
3The board shall provide complete instructions to any committee that files a report
4under this subsection.
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(b) Permit a committee that accepts contributions in a total amount or value
6of $1,000 or less during a campaign period to opt out of the requirement to file a
7campaign finance report in an electronic format as specified in par. (a). In this
8paragraph, the campaign period of a candidate committee begins and ends as
9provided under s. 11.1103, and the campaign period of any other committee begins
10on January 1 of each odd-numbered year and ends on December 31 of the following
11year.
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12(7) Compile and maintain on an electronic system a current list of all reports
13and statements received by or required of and pertaining to each committee
14registered under this chapter.
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15(8) Maintain a duplicate record of any statement received by a political action
16committee under s. 11.0505 or by a person under subchapter VII together with the
17record of each candidate to whom it relates.
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18(9) Determine whether each report or statement required to be filed under this
19chapter has been filed in the form and by the time prescribed by law, and whether
20it conforms on its face to the requirements of this chapter.
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21(10) Immediately send to any committee or conduit which is delinquent in
22filing, or which has filed otherwise than in the proper form, a notice that the
23committee or conduit has failed to comply with this chapter. Whenever a candidate
24committee has appointed an individual other than the candidate as campaign
1treasurer, the board shall send the notice to both the candidate and the treasurer of
2the candidate committee.
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3(11) Receive and maintain in an orderly manner all reports and statements
4required to be filed with the state under the federal election campaign act. The board
5shall:
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(a) Preserve such reports and statements for a period of 6 years from date of
7receipt.
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(b) Compile and maintain a current list of all reports and statements pertaining
9to each candidate who is required to file a report or statement under the federal
10election campaign act.
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(c) Promptly compile and release for public inspection a list of all reports
12received from candidates for national office and from committees supporting or
13opposing such candidates which are required to be filed with the state under the
14federal election campaign act, as soon as possible after each deadline for receipt of
15such reports as provided by federal law.
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16(12) Make the reports and statements filed under this chapter, including those
17reports and statements filed under sub. (11), available on the board's Internet site
18for public inspection and copying, commencing as soon as practicable but not later
19than the end of the 2nd day following the day during which they are received.
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20(13) Upon the request of any person, permit copying of any report or statement
21described under sub. (12) by hand or by duplicating machine at cost.
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22(14) Include in its biennial report under s. 15.04 (1) (d) compilations of any of
23the following in its discretion:
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(a) Total reported contributions, disbursements, and incurred obligations for
25all committees registered and reporting under this chapter during the biennium.
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1(b) Total amounts contributed during the biennium, reported by contribution
2amounts as determined by the board, to each type of committee registered and
3reporting under this chapter.
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(c) Total amounts expended during the biennium, reported by disbursement
5amounts as determined by the board, by each type of committee registered and
6reporting under this chapter.
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(d) Total amounts expended for influencing nominations and elections
8whenever separate information is reported.
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(e) Aggregate amounts contributed by any contributors shown to have
10contributed more than $100.
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11(15) Prepare and publish from time to time special reports comparing the
12various totals and categories of contributions and disbursements made with respect
13to preceding elections.
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14(16) Make available a list of delinquents for public inspection.
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15(17) Promulgate rules to administer this chapter.
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subchapter XIV