11.0103(4)(c)1.a.a. Except as provided in subd.
2., a committee that makes or accepts a contribution, makes a disbursement, or incurs an obligation to support or oppose a candidate at a primary during the period covered by the preelection report, but does not engage in such activity during the period covered by the preprimary report, is not required to file a preprimary report.
11.0103(4)(c)1.b.
b. Except as provided in subd.
2., a committee that makes or accepts a contribution, makes a disbursement, or incurs an obligation to support or oppose a candidate at an election during the period covered by the report that follows the preelection report, but does not engage in such activity during the period covered by the preelection report, is not required to file a preelection report.
11.0103(4)(c)2.
2. A candidate committee that makes or accepts a contribution, makes a disbursement, or incurs an obligation to support or oppose a candidate at a primary during the period covered by the preprimary report shall file both the preprimary and preelection reports, regardless of whether the candidate committee engages in such activity during the period covered by the preelection report.
11.0103(5)
(5)
Nonresident reporting. Notwithstanding the reporting requirements that would otherwise apply under this chapter, but subject to the applicable thresholds for submitting reports, a committee that does not maintain an office or a street address in this state shall submit reports on a form prescribed by the commission of all disbursements made and obligations incurred with respect to an election for a state or local office in this state and contributions from sources in this state.
11.0103 History
History: 2015 a. 117 ss.
24,
74 (1m);
2021 a. 265.
11.0103 Annotation
A minor political party that historically has been the object of harassment by government officials and private parties cannot be required to disclose the identities of contributors and recipients of campaign disbursements. Brown v. Socialist Workers '74 Campaign Comm.
459 U.S. 87 (1982).
11.0103 AnnotationSee also Wisconsin Socialist Workers 1976 Campaign Committee v. McCann,
433 F. Supp. 540 (1977).
11.0104
11.0104
Reporting exemptions: limited activity. 11.0104(1)(a)
(a) Except as provided in par.
(bm), any committee which does not anticipate accepting or making contributions, making disbursements, or incurring obligations, and any conduit which does not anticipate accepting or releasing contributions, in an aggregate amount exceeding $2,500 in a calendar year may claim an exemption from filing campaign finance reports by filing a registration statement or an amended registration statement with the appropriate filing officer indicating the necessary facts, as described in this paragraph, to claim the exemption. The committee or conduit shall certify the registration statement or amended registration statement in the manner required under s.
11.0103 (3) (c).
11.0104(1)(bm)1.1. A candidate committee of a candidate for state office may not claim the exemption under par.
(a) during the calendar year of an election in which the candidate is appearing on the ballot or participating as a write-in candidate and shall file the continuing report that is due on January 15 of the year after he or she appeared on the ballot or participated as a write-in candidate, unless the committee has dissolved, as provided in s.
11.0105.
11.0104(1)(bm)2.
2. A candidate committee of a candidate for state office may claim the exemption under par.
(a) during the calendar year after the year in which the candidate appeared on the ballot or participated as a write-in candidate by filing an amended registration statement no sooner than the day after the election and no later than January 15 of the year after the election.
11.0104(1)(bm)3.
3. A candidate committee of a candidate for state office may claim the exemption under par.
(a) during a subsequent year by filing an amended registration statement no later than December 31 of the year preceding the year in which the exemption will apply.
11.0104(1)(bm)4.
4. A candidate committee of a candidate for state office that fails to claim the exemption under par.
(a) before the expiration of the deadline under subd.
2. or
3., as applicable, is ineligible for the exemption and shall file all required campaign finance reports for the following calendar year.
11.0104(1)(c)
(c) A candidate committee of a candidate for local office is eligible for an exemption under par.
(a) at any time and may claim the exemption on its initial registration statement or on an amended registration statement. An exemption claimed under this paragraph applies until the committee exceeds the threshold established under par.
(a), amends its registration statement to become a state candidate committee, or is dissolved, as provided in s.
11.0105.
11.0104(1)(d)
(d) If a filing officer receives a registration statement or amended registration statement seeking to claim the exemption under par.
(a) and the filing officer knows that the candidate committee is not eligible for the exemption, the filing officer shall accept the registration but notify the committee within 10 business days that it is not eligible for the exemption for that calendar year. The notice shall also indicate that the committee is required to file campaign finance reports.
11.0104(1)(e)
(e) A candidate whose candidate committee files a registration statement or amended registration statement incorrectly claiming the exemption may not be denied placement on the ballot if the registration statement or amended registration statement otherwise complies with the requirements of this chapter.
Effective date note
NOTE: Sub. (1) is shown as affected eff. 1-3-23 by
2021 Wis. Act 265. Prior to 1-3-23 it reads:
Effective date text
(1) (a) Except as provided in par. (b), any committee which does not anticipate accepting or making contributions, making disbursements, or incurring obligations, and any conduit which does not anticipate accepting or releasing contributions, in an aggregate amount exceeding $2,000 in a calendar year may file an amended registration statement with the appropriate filing officer indicating that fact. The committee or conduit shall certify the amended registration in the manner required under s. 11.0103 (3) (c) and shall include the information required to be reported by that committee or conduit on its continuing reports.
Effective date text
(b) In no case may a candidate committee file an amended registration under this section covering any period ending sooner than the date of the election in which the candidate committee is participating.
11.0104(2)
(2) Upon receipt of a properly executed registration statement or amended registration statement by a committee or conduit, the appropriate filing officer shall suspend the requirement imposed upon that committee or conduit by this chapter to file campaign finance reports. An exemption under this section is effective as provided under sub.
(1) (bm) unless the committee or conduit alters its status by filing an amended registration statement before the end of such year or by filing a termination report under s.
11.0105.
Effective date note
NOTE: Sub. (2) is shown as amended eff. 1-3-23 by
2021 Wis. Act 265. Prior to 1-3-23 it reads:
Effective date text
(2) Upon receipt of a properly executed amended registration by a committee or conduit, the appropriate filing officer shall suspend the requirement imposed upon that committee or conduit by this chapter to file continuing reports. An indication of limited activity under this section is effective only for the calendar year in which it is granted, unless the committee or conduit alters its status before the end of such year or files a termination report under s. 11.0105.
11.0104(3)
(3) An exemption made under this section may be revoked. If revoked, the committee or conduit shall comply with the reporting requirements applicable to the committee or conduit under this chapter as of the date of revocation, or the date that aggregate contributions, disbursements, or obligations for the calendar year exceed $2,500. If the revocation is not timely, the committee or conduit violates s.
11.1201.
Effective date note
NOTE: Sub. (3) is shown as amended eff. 1-3-23 by
2021 Wis. Act 265. Prior to 1-3-23 it reads:
Effective date text
(3) An indication of limited activity made under sub. (1) may be revoked. If revoked, the committee or conduit shall comply with the reporting requirements applicable to the committee or conduit under this chapter as of the date of revocation, or the date that aggregate contributions, disbursements, or obligations for the calendar year exceed $2,000. If the revocation is not timely, the committee or conduit violates s. 11.1201.
11.0104(4)
(4) A committee or conduit that files an amended registration statement under sub.
(1) is not required to file a termination report under s.
11.0105.
11.0104(5)
(5) If a committee or conduit files an amended registration statement under sub.
(1) and thereafter receives and accepts an unanticipated contribution that results in the committee or conduit exceeding the threshold established under sub.
(1) (a), the committee or conduit shall do one of the following after receipt of the unanticipated contribution:
11.0104(5)(a)
(a) Immediately file an amended registration statement revoking the exemption. An amended registration statement supersedes the previous registration statement. The individual who certifies to the accuracy of the registration statement shall also certify that the amended registration statement is filed on account of the receipt of unanticipated contributions and the failure to file a correct registration statement was not intentional. Thereafter, the committee or conduit shall file all required campaign finance reports for the remainder of the calendar year. Except as provided in sub.
(1) (bm) 1., the committee or conduit may again claim the exemption for the next calendar year.
11.0104(5)(b)
(b) Return the contribution to the contributor or donate the contribution to the common school fund or to a charitable organization no later than 15 days from the date on which the contribution is received.
Effective date note
NOTE: Sub. (5) is shown as amended eff. 1-3-23 by
2021 Wis. Act 265. Prior to 1-3-23 it reads:
Effective date text
(5) If a committee or conduit files an amended registration statement under sub. (1) and within 60 days thereafter receives and accepts an unanticipated contribution, the committee or conduit shall do one of the following within 60 days after receipt of the unanticipated contribution:
Effective date text
(a) File an amended registration statement. An amended registration statement supersedes the previous registration statement. The individual who certifies to the accuracy of the registration statement shall also certify that the amended registration statement is filed on account of the receipt of unanticipated contributions and the failure to file a correct registration statement was not intentional.
Effective date text
(b) Return the contribution to the contributor or donate the contribution to the common school fund or to a charitable organization.
11.0104 History
History: 2015 a. 117;
2021 a. 265.
11.0105
11.0105
Reporting exemptions: dissolution of committee or conduit and termination reports. 11.0105(1)(a)
(a) Except as provided in par.
(b), whenever any committee or conduit dissolves or determines that obligations will no longer be incurred, contributions will no longer be received or, in the case of a conduit, accepted and released, and disbursements will no longer be made during a calendar year, and the committee has no outstanding incurred obligations, the committee or conduit shall file with the appropriate filing officer a termination report that indicates a cash balance of zero at the end of the reporting period. The committee or conduit shall certify the termination report in the manner required under s.
11.0103 (3) (c) and the committee shall include the information required to be reported by that committee on its continuing reports.
Effective date note
NOTE: Par. (a) is shown as amended eff. 1-3-23 by
2021 Wis. Act 265. Prior to 1-3-23 it reads:
Effective date text
(a) Except as provided in par. (b) and s. 11.0104 (4), whenever any committee or conduit dissolves or determines that obligations will no longer be incurred, contributions will no longer be received or, in the case of a conduit, accepted and released, and disbursements will no longer be made during a calendar year, and the committee has no outstanding incurred obligations, the committee or conduit shall file with the appropriate filing officer a termination report that indicates a cash balance of zero at the end of the reporting period. The committee or conduit shall certify the termination report in the manner required under s. 11.0103 (3) (c) and the committee shall include the information required to be reported by that committee on its continuing reports.
11.0105(1)(b)
(b) In no case may a candidate committee file a termination report covering any period ending sooner than the date of the election in which the candidate committee is participating.
11.0105(2)
(2) A committee to which s.
11.0102 (2) applies shall pay the fee imposed under that subsection with a termination report filed under this section.
11.0105(3)
(3) The committee shall include in the termination report filed under this section the manner in which residual funds were disposed. Residual funds may be used for any purpose not prohibited by law, returned to the donors in an amount not exceeding the original contribution, or donated to a charitable organization or the common school fund.
11.0105(4)
(4) If a committee files a termination report under sub.
(1) and within 60 days thereafter receives and accepts an unanticipated contribution, the committee shall do one of the following within 60 days after receipt of the unanticipated contribution:
11.0105(4)(a)
(a) File an amended termination report. An amended report supersedes the previous report. The individual who certifies to the accuracy of the report shall also certify to a statement that the amended report is filed on account of the receipt of unanticipated contributions and the failure to file a correct termination report was not intentional.
11.0105(4)(b)
(b) Return the contribution to the contributor or donate the contribution to the common school fund or to a charitable organization.
11.0105 History
History: 2015 a. 117;
2021 a. 265.
11.0106
11.0106
Disbursements; form. Every disbursement which is made by a committee registered under this chapter from the committee's depository account shall be made by negotiable instrument.
11.0106 History
History: 2015 a. 117.
11.0107
11.0107
Nonapplicability. Federal account committees, federal candidate committees, and national political party committees are not required to register or report under this chapter.
11.0107 History
History: 2015 a. 117.
CANDIDATE COMMITTEES
11.0201
11.0201
Registration; treasurer and depositories. 11.0201(1)(1)
Each candidate shall either designate a treasurer of his or her candidate committee to comply with the registration and reporting requirements under this subchapter or serve as the treasurer and comply with the registration and reporting requirements under this subchapter. If the candidate appoints a treasurer, the candidate and the candidate's treasurer shall cosign the registration statement of the candidate's committee.
11.0201(2)(a)(a) The treasurer shall ensure that all funds received are deposited in the candidate committee depository account.
11.0201(2)(b)
(b) Notwithstanding par.
(a), any candidate who serves as his or her own treasurer and who is authorized to file and files an amended registration statement under s.
11.0104 may designate a single personal account as his or her candidate committee depository account, and may intermingle personal and other funds with campaign funds. If a candidate establishes a separate candidate committee depository account, the candidate shall transfer all campaign funds in the personal account to the new depository account. Disbursements made from a personal account under this paragraph need not be identified in accordance with s.
11.0106.
11.0201(3)
(3) No disbursement may be made or obligation incurred by or on behalf of a candidate committee without the authorization of the treasurer or a designated agent.
11.0201(4)
(4) The treasurer shall maintain the records of the candidate committee for the period specified under s.
11.1103 in an organized and legible manner for not less than 3 years after the last day of the period specified under s.
11.1103.
Effective date note
NOTE: Sub. (4) is shown as amended eff. 1-3-23 by
2021 Wis. Act 265. Prior to 1-3-23 it reads:
Effective date text
(4) The treasurer shall maintain the records of the candidate committee in an organized and legible manner for not less than 3 years after the date of the election in which the candidate committee participates.
11.0201 History
History: 2015 a. 117;
2021 a. 265.
11.0202
11.0202
Registration; timing; candidate committee required. 11.0202(1)(a)
(a) Each candidate, through his or her candidate committee, shall file a registration statement with the appropriate filing officer giving the information required under s.
11.0203 as soon as practicable after the individual qualifies as a candidate under s.
11.0101 (1).
11.0202(1)(b)
(b) A candidate who receives no contributions, makes no disbursements, and incurs no obligations shall file the registration statement as provided in this subsection, but need not designate a campaign depository account until the first contribution is received, disbursement is made, or obligation is incurred.
11.0202(2)(a)
(a) Except as provided in par.
(b), no candidate may make or accept contributions, make disbursements, or incur obligations except through a candidate committee registered under this subchapter.
11.0202(2)(b)
(b) A candidate does not violate this subsection by taking any of the following actions:
11.0202(2)(b)1.
1. Accepting a contribution, making a disbursement, or incurring an obligation in the amount required to rent a postal box, or in the minimum amount required by a bank or trust company to open a checking account, prior to the time of registration, if the disbursement is properly reported on the first report submitted under s.
11.0204 after the date that the candidate committee is registered, whenever a reporting requirement applies to the candidate committee.
11.0202(2)(b)2.
2. Accepting a contribution, making a disbursement, or incurring an obligation required for the production of nomination papers.
11.0202(2)(c)
(c) Except as provided in par.
(d), no candidate may establish more than one candidate committee.
11.0202(2)(d)
(d) An individual who holds a state or local elective office may establish a second candidate committee under this subchapter for the purpose of pursuing a different state or local office.
11.0202 History
History: 2015 a. 117.
11.0203
11.0203
Registration; required information. 11.0203(1)(1)
Required information. The candidate committee shall indicate on the registration statement that it is registering as a candidate committee and shall include all of the following, where applicable, on the registration statement:
11.0203(1)(a)
(a) The name and mailing address of the candidate committee.
11.0203(1)(b)
(b) The name and mailing address of the candidate committee treasurer and any other custodian of books and accounts. Unless otherwise directed by the treasurer on the registration form and except as otherwise provided in this chapter or any rule of the commission, all mailings that are required by law or by rule of the commission shall be sent to the treasurer at the treasurer's address indicated upon the form.
11.0203(1)(c)
(c) In the case of a candidate committee of an independent candidate for partisan office or a candidate for nonpartisan county or municipal office, a list of the members of the committee, in addition to those specified in par.
(b), if any, whom the filing officer shall recognize as eligible to fill a nomination vacancy if the candidate dies before the election.
11.0203(1)(d)
(d) The name and address of the depository account of the candidate committee and of any other institution where funds of the committee are kept.
11.0203(2)
(2)
Certification. The individual responsible for filing or amending a candidate committee's registration statement and any form or report required of the committee under this chapter shall certify that all information contained in the statement, form, or report is true, correct, and complete.
11.0203(3)(a)(a) The candidate committee shall report any change in information previously submitted in a registration statement within 10 days following the change. Except as provided in par.
(b), any such change may be reported only by the individual or by the officer who has succeeded to the position of an individual who signed the original statement.
11.0203(3)(b)
(b) A candidate or the treasurer of the candidate's committee may report a change in the candidate committee's registration statement.
11.0203 History
History: 2015 a. 117 ss.
24,
74 (1m).
