Chapter 11

11.0804 Annotation Discussing limitations on contributions to committees formed to support or oppose referenda. Citizens Against Rent Control v. City of Berkeley, 454 U.S. 290, 102 S. Ct. 434, 70 L. Ed. 2d 492 (1981).

subch. IX of ch. 11 SUBCHAPTER IX

RECALL COMMITTEES

11.0901 11.0901 Registration; treasurer and depositories.

11.0901(1) (1) Each recall committee required to register under this chapter shall designate a treasurer to comply with the registration and reporting requirements under this subchapter.

11.0901(2) (2) The treasurer shall ensure that all funds received are deposited in the recall committee depository account.

11.0901(3) (3) No disbursement may be made or obligation incurred by or on behalf of a recall committee without the authorization of the treasurer or a designated agent.

11.0901(4) (4) The treasurer shall maintain the records of the recall committee in an organized and legible manner for not less than 3 years after the date of the election in which the recall committee participates.

11.0901 History History: 2015 a. 117.

11.0902 11.0902 Registration; timing.

11.0902(1) (1) Every recall committee that makes or accepts contributions, makes disbursements, or incurs obligations to support or oppose a recall in a calendar year in an aggregate amount in excess of $2,000 shall file a registration statement giving the information required by s. 11.0903.

11.0902(2) (2) A recall committee that triggers the registration requirement under sub. (1) shall file the registration statement no later than the 10th business day commencing after receipt of the first contribution by the recall committee exceeding the amount specified under sub. (1), before making any disbursement exceeding that amount, and before incurring obligations exceeding that amount.

11.0902 History History: 2015 a. 117.

11.0903 11.0903 Registration; required information.

11.0903(1) (1) Required information. The recall committee shall indicate on the registration statement that it is registering as a recall committee and shall include all of the following on the registration statement:

11.0903(1)(a) (a) The name and mailing address of the recall committee.

11.0903(1)(b) (b) The name and mailing address of the 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.

11.0903(1)(bd) (bd) The email address and personal telephone number of the treasurer and any other custodian of books and accounts. Telephone numbers provided under this paragraph shall be kept confidential and are not subject to the right of inspection and copying under s. 19.35 (1).

11.0903(1)(c) (c) The name and address of the depository account of the recall committee and of any other institution where funds of the committee are kept.

11.0903(2) (2) Certification. The individual responsible for filing or amending a recall 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.

11.0903(3) (3) Change of information.

11.0903(3)(a) (a) The recall 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.

11.0903(3)(b) (b) The administrator or treasurer of a recall committee may report a change in the committee’s registration statement.

11.0903 History History: 2015 a. 117 ss. 24, 74 (1m); 2023 a. 120.

11.0904 11.0904 Reporting.

11.0904(1) (1) Contributions and disbursements.

11.0904(1)(a) (a) Each recall committee shall make full reports, upon a form prescribed by the commission and certified as required under s. 11.0103 (3) (c), of all contributions received, disbursements made, and obligations incurred by the committee. The recall committee shall include in each report the following information, covering the period since the last date covered on the previous report:

11.0904(1)(a)1. 1. An itemized statement giving the date, full name, and street address of each person who has made a contribution to the recall committee, together with the amount of the contribution.

11.0904(1)(a)2. 2. An itemized statement giving the date, full name, and street address of each committee to which the recall committee has made a contribution, together with the amount of the contribution.

11.0904(1)(a)3. 3. The occupation, if any, of each individual contributor whose cumulative contributions to the recall committee for the calendar year are in excess of $200.

11.0904(1)(a)4. 4. An itemized statement of each contribution made anonymously to the recall committee. If the contribution exceeds $10, the recall committee shall specify whether the committee donated the contribution to the common school fund or to a charitable organization, and shall include the full name and mailing address of the donee.

11.0904(1)(a)5. 5. A statement of totals during the reporting period of contributions received and contributions donated as provided in subd. 4.

11.0904(1)(a)6. 6. A statement of the cash balance on hand at the beginning and end of the reporting period.

11.0904(1)(a)7. 7. An itemized statement of each loan of money made to the recall committee, together with all of the following:

11.0904(1)(a)7.a. a. The full name and mailing address of the lender.

11.0904(1)(a)7.b. b. A statement of whether the lender is a commercial lending institution.

11.0904(1)(a)7.c. c. The date and amount of the loan.

11.0904(1)(a)7.d. d. The full name and mailing address of each guarantor, if any.

11.0904(1)(a)7.e. e. The original amount guaranteed by each guarantor.

11.0904(1)(a)7.f. f. The balance of the amount guaranteed by each guarantor at the end of the reporting period.

11.0904(1)(a)8. 8. An itemized statement of every disbursement exceeding $20 in amount or value, together with the name and address of the person to whom the disbursement was made, and the date and specific purpose for which the disbursement was made.

11.0904(1)(a)9. 9. An itemized statement of every obligation exceeding $20 in amount or value, together with the name of the person or business with whom the obligation was incurred, and the date and the specific purpose for which each such obligation was incurred.

11.0904(1)(a)10. 10. A statement of totals during the reporting period of disbursements made, including transfers made to and received from other committees, other income, and loans.

11.0904(1)(a)11. 11. A statement of the balance of obligations incurred as of the end of the reporting period.

11.0904(1)(b) (b) The recall committee shall begin each report filed under this chapter with the first contribution received, disbursement made, or obligation incurred during the reporting period.

11.0904(2) (2) Reports to support or oppose the recall of nonpartisan state or local office holder elected at spring election; primary. A recall committee that makes or accepts contributions, makes disbursements, or incurs obligations to support or oppose the recall of a nonpartisan state or local office holder, or to support or oppose other committees engaging in such activities, shall do all the following:

11.0904(2)(a) (a) File a preprimary report no earlier than 14 days and no later than 8 days preceding the recall primary.

11.0904(2)(b) (b) File a preelection report no earlier than 14 days and no later than 8 days preceding the recall election.

11.0904(2)(c) (c) Annually in each year of an election cycle, file a report on January 15 and July 15.

11.0904(3) (3) Reports to support or oppose the recall of a nonpartisan state or local office holder elected at spring election; election. A recall committee that makes or accepts contributions, makes disbursements, or incurs obligations to support or oppose the recall of a nonpartisan state or local office holder, or to support or oppose other committees engaging in such activities, shall do all the following:

11.0904(3)(a) (a) File a preelection report no earlier than 14 days and no later than 8 days preceding the recall election.

11.0904(3)(b) (b) Annually in each year of an election cycle, file a report on January 15 and July 15.

11.0904(4) (4) Reports to support or oppose the recall of partisan state or local office holder; primary. A recall committee that makes or accepts contributions, makes disbursements, or incurs obligations to support or oppose the recall of a partisan state or local office holder, or to support or oppose other committees engaging in such activities, shall do all the following:

11.0904(4)(a) (a) File a preprimary report no earlier than 14 days and no later than 8 days preceding the recall primary.

11.0904(4)(b) (b) File a preelection report no earlier than 14 days and no later than 8 days preceding the recall election.

11.0904(4)(c) (c) In an odd-numbered year, file a report on January 15 and July 15.

11.0904(4)(d) (d) In an even-numbered year, file a report on January 15 and July 15.

11.0904(4)(e) (e) In an even-numbered year, file a report on September 30 indicating contributions, disbursements, and obligations received, made, or incurred after July 1 that are not included in the preprimary report.

11.0904(5) (5) Reports to support or oppose the recall of partisan state or local office holder; general election. A recall committee that makes or accepts contributions, makes disbursements, or incurs obligations to support or oppose the recall of a partisan state or local office holder, or to support or oppose other committees engaging in such activities, shall do all of the following:

11.0904(5)(a) (a) File a preelection report no earlier than 14 days and no later than 8 days preceding the recall election.

11.0904(5)(b) (b) In an odd-numbered year, file a report on January 15 and July 15.

11.0904(5)(c) (c) In an even-numbered year, file a report on January 15 and July 15.

11.0904(5)(d) (d) In an even-numbered year, file a report on September 30 indicating contributions, disbursements, and obligations received, made, or incurred after July 1 that are not included in the preprimary report.

11.0904 History History: 2015 a. 117 ss. 24, 74 (1m); 2021 a. 265.

subch. X of ch. 11 SUBCHAPTER X

OTHER PERSONS

11.1001 11.1001 Reporting; specific express advocacy.

11.1001(1) (1) Disbursements.

11.1001(1)(a) (a)

11.1001(1)(a)1. 1. For express advocacy that will occur during the period beginning 60 days prior to the spring primary and ending on the date of the spring election, any person, other than a committee, spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the spring primary or spring election shall submit statements to the commission under par. (b) for express advocacy.

11.1001(1)(a)2. 2. For express advocacy that will occur during the period beginning 60 days prior to the partisan primary and ending on the date of the general election, any person, other than a committee, spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the partisan primary or general election shall submit statements to the commission under par. (b) for express advocacy as follows:

11.1001(1)(a)2.a. a. During the period beginning 60 days prior to the partisan primary and ending on the date of the partisan primary.

11.1001(1)(a)2.b. b. During the period beginning 60 days prior to the general election and ending on the date of the general election.

11.1001(1)(a)3. 3. For express advocacy that will occur during the period beginning 60 days prior to a special primary and ending on the date of the special election, any person, other than a committee, spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the special primary or special election shall submit statements to the commission under par. (b) for express advocacy.

11.1001(1)(b) (b) A person required to report under this section shall submit statements to the commission providing all of the following information:

11.1001(1)(b)1. 1. The dates on which the person incurred the obligations or made the disbursements.

11.1001(1)(b)2. 2. The name and address of the obligees or persons who received the disbursements.

11.1001(1)(b)3. 3. The purpose for making the disbursements or incurring the obligations.

11.1001(1)(b)4. 4. The amount spent or incurred for each act of express advocacy.

11.1001(1)(b)5. 5. The name of any candidate identified in the express advocacy, the office that the candidate seeks, and whether the express advocacy supports or opposes that candidate.

11.1001(1)(b)6. 6. An affirmation, made under oath, that the person will comply with the prohibition on coordination under s. 11.1203 with respect to any candidate or agent or candidate committee who is supported or opposed by the express advocacy.

11.1001(1)(b)7. 7. The name and mailing and street address of the person’s designated agent in this state.

11.1001(2) (2) Exception.

11.1001(2)(a) (a) A person who is required to report under this section is not required to submit the information described under sub. (1) (b) regarding disbursements made before reaching the $2,500 threshold under sub. (1) (a). For purposes of this section, a disbursement for express advocacy is the amount spent directly on developing, producing, and disseminating the express advocacy.

11.1001(2)(b) (b) This section does not apply to any of the following:

11.1001(2)(b)1. 1. A communication, other than an advertisement, appearing in a news story, commentary, or editorial distributed through the facilities of any news organization, unless the facilities are controlled by any committee or candidate.

11.1001(2)(b)2. 2. A communication made exclusively between an organization and its members. In this subdivision, a member of an organization means a shareholder, employee, or officer of the organization, or an individual who has affirmatively manifested an interest in joining, supporting, or aiding the organization.

11.1001(3) (3) Timing. A person who is required to report under this section shall submit the report to the commission no later than 72 hours after the earliest of the following:

11.1001(3)(a) (a) The date the obligation for express advocacy is incurred, if the person has the information required to be reported under sub. (1) (b).