Chapter 11

11.1208 History History: 2015 a. 117.

subch. XIII of ch. 11 SUBCHAPTER XIII

ADMINISTRATION

11.1301 11.1301 Defense fund authorized.

11.1301(1) (1) Any candidate or public official who is being investigated for, charged with, or convicted of a criminal violation of this chapter or ch. 12, or whose agent is so investigated, charged, or convicted, may establish a defense fund for disbursements supporting or defending the candidate, official, or agent, or any dependent of the candidate, official, or agent, while that person is being investigated for, or while the person is charged with or convicted of a criminal violation of this chapter or ch. 12.

11.1301(2) (2) No person may use a contribution received from a contributor to a candidate committee fund for a purpose for which a defense fund is authorized under sub. (1) unless the person obtains the contributor’s authorization. Notwithstanding s. 11.1202 (3), any contributor may authorize the transfer of all or part of a contribution from a campaign fund to a defense fund.

11.1301 History History: 2015 a. 117.

11.1303 11.1303 Attribution of political contributions, disbursements and communications; synthetic media.

11.1303(1) (1) No disbursement may be made anonymously and no contribution or disbursement may be made in a fictitious name or by one person or organization in the name of another.

11.1303(2) (2) 

11.1303(2)(a) (a) Every printed advertisement, billboard, handbill, sample ballot, television or radio advertisement, or other communication containing express advocacy or supporting or opposing a referendum which is paid for by any contribution or disbursement shall clearly identify its source.

11.1303(2)(b) (b) Every communication described under par. (a) the cost of which is paid for or reimbursed by a committee, or for which a committee assumes responsibility, whether by accepting a contribution or making a disbursement, shall identify its source by the words “Paid for by” followed by the name of the committee making the payment or reimbursement or assuming responsibility for the communication and may include the name of the treasurer or other authorized agent of the committee.

11.1303(2)(c) (c) Every communication for express advocacy the cost of which exceeds $2,500 and is paid for or reimbursed by any person, other than a committee, shall identify its source by the words “Paid for by” followed by the name of the person.

11.1303(2)(d) (d) In addition to the requirements of pars. (a) to (c), a person required to submit an affirmation under oath, as provided under s. 11.0505 (1) (b) 6., 11.0605 (1) (b) 6., or 11.1001 (1) (b) 6. shall also include the words “Not authorized by any candidate or candidate’s agent or committee” in every communication containing express advocacy.

11.1303(2)(e) (e) Communications described in pars. (a) to (c) and made by a candidate committee may identify the name of the candidate committee except that no abbreviation may be used to identify the committee.

11.1303(2)(em) (em) Each printed advertisement, billboard, handbill, paid television or radio advertisement, or other communication made for the purpose of influencing the recall from or retention in office of an individual holding a state or local office shall clearly identify its source in the manner prescribed in pars. (b) and (c).

11.1303(2)(f) (f) This subsection does not apply to communications containing express advocacy printed on small items on which the information required by this subsection cannot be conveniently printed, including text messages, social media communications, and certain small advertisements on mobile phones. The commission may, by rule, specify small items or other communications to which this subsection shall not apply.

11.1303(2)(g) (g) The attributions required by this subsection in written communications shall be readable, legible, and readily accessible.

11.1303(2m) (2m) 

11.1303(2m)(a) (a) In this subsection:

11.1303(2m)(a)1. 1. “Issue advocacy” means a communication that provides information about political or social issues and is made to influence the outcome of an election.

11.1303(2m)(a)2. 2. “Synthetic media” means audio or video content that is substantially produced in whole or in part by means of generative artificial intelligence.

11.1303(2m)(b) (b) Every audio communication otherwise described in sub. (2) (a) or (b) but containing express advocacy or issue advocacy or supporting or opposing a referendum and that contains synthetic media shall include both at the beginning and at the end of the communication the words “Contains content generated by AI.”

11.1303(2m)(c) (c) Every video communication otherwise described in sub. (2) (a) or (b) but containing express advocacy or issue advocacy or supporting or opposing a referendum shall include throughout the duration of each portion of the communication containing synthetic media, in writing that is readable, legible, and readily accessible, the words “This video content generated by AI” if the video includes video synthetic media only, “This audio content generated by AI” if the video includes audio synthetic media only, or “This content generated by AI” if the video includes both video and audio synthetic media.

11.1303(2m)(d) (d) The commission may promulgate rules implementing this subsection. The rules may include limited exceptions to the requirements under pars. (b) and (c).

11.1303(2m)(e) (e) Compliance with this subsection does not create an exemption from any civil or criminal liability, including for violations of s. 12.05.

11.1303(2m)(f) (f) Notwithstanding s. 11.1401 (1) (b), whoever intentionally violates par. (b) or (c) shall be subject to a forfeiture not to exceed $1,000 for each violation. Any violation of par. (b) or (c) shall be enforced as provided under s. 11.1400 (5).

11.1303(2m)(g) (g) No liability for a violation of this subsection shall attach to any person who is a broadcaster or other host or carrier of a video or audio communication described in sub. (2) (a) or (b) that contains synthetic media, unless the person is a committee responsible for the communication.

11.1303(2m)(h) (h) This subsection may not be construed to alter or negate any rights, obligations, or immunities of a provider of an interactive computer service under 47 USC 230.

11.1303(3) (3) Whenever any person receives payment from another person, in cash or in-kind, for the direct or indirect cost of conducting a poll concerning support or opposition to a candidate, political party, or referendum, the person conducting the poll shall, upon request of any person who is polled, disclose the name and address of the person making payment for the poll and, in the case of a committee, the name of the treasurer of the committee making payment.

11.1303 History History: 2015 a. 117 ss. 24, 74 (1m); 2017 a. 365 s. 111; 2021 a. 265; 2023 a. 123.

11.1304 11.1304 Duties of the ethics commission. The commission shall:

11.1304(1) (1) Prescribe forms for making the reports, statements, and notices required by this chapter. The commission shall make the forms available free of charge on the commission’s website.

Effective date note NOTE: Sub. (1) is shown as amended eff. 7-1-25 by 2023 Wis. Act 126. Prior to 7-1-25 it reads:

Effective date text (1) Prescribe forms for making the reports, statements, and notices required by this chapter. The commission shall make the forms available free of charge on the commission’s Internet site and shall distribute or arrange for the distribution of all forms for use by other filing officers.

11.1304(2) (2) Upon request, transmit a form described under sub. (1), free of charge, by facsimile or by 1st class mail.

11.1304(3) (3) 

11.1304(3)(a) (a) Prepare and publish for the use of persons required to file reports and statements under this chapter a manual setting forth simply and concisely recommended uniform methods of bookkeeping and reporting.

11.1304(3)(b) (b) Prepare, publish, and revise as necessary a manual simply and concisely describing the filing and registration requirements established in this chapter in detail, as well as other major provisions of this chapter and ch. 12.

11.1304(4) (4) Develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter.

11.1304(5) (5) Assign an identification number to each committee and to each conduit.

Effective date note NOTE: Sub. (5) is shown as amended eff. 7-1-25 by 2023 Wis. Act 126. Prior to 7-1-25 it reads:

Effective date text (5) Assign an identification number to each committee for whom the commission acts as a filing officer under s. 11.0102 (1) and to each conduit.

11.1304(6) (6) 

11.1304(6)(a) (a) Except as provided in par. (b), require each committee to file each campaign finance report that is required to be filed under this chapter in an electronic format. The commission shall permit an authorized individual to provide at the time of filing an electronic signature, as defined in s. 137.11 (8), that is subject to a security procedure, as defined in s. 137.11 (13). A committee that files a report under this subsection in an electronic format may file with the commission that portion of the report signed by an authorized individual rather than submit the electronic signature of that individual. The commission shall provide complete instructions to any committee that files a report under this subsection.

Effective date note NOTE: Par. (a) is shown as amended eff. 7-1-25 by 2023 Wis. Act 126. Prior to 7-1-25 it reads:

Effective date text (a) Except as provided in par. (b), require each committee for whom the commission serves as filing officer under s. 11.0102 (1) to file each campaign finance report that is required to be filed under this chapter in an electronic format. The commission shall permit an authorized individual to provide at the time of filing an electronic signature, as defined in s. 137.11 (8), that is subject to a security procedure, as defined in s. 137.11 (13). A committee that files a report under this subsection in an electronic format may file with the commission that portion of the report signed by an authorized individual rather than submit the electronic signature of that individual. The commission shall provide complete instructions to any committee that files a report under this subsection.

11.1304(6)(b) (b) Permit a committee that accepts contributions in a total amount or value of $1,000 or less during a campaign period to opt out of the requirement to file a campaign finance report in an electronic format as specified in par. (a). In this paragraph, the campaign period of a candidate committee begins and ends as provided under s. 11.1103, and the campaign period of any other committee begins on January 1 of each odd-numbered year and ends on December 31 of the following year.

11.1304(7) (7) Compile and maintain on an electronic system a current list of all reports and statements received by or required of and pertaining to each committee registered under this chapter.

11.1304(8) (8) Maintain a duplicate record of any statement submitted by a political action committee under s. 11.0505 or by an independent expenditure committee under s. 11.0605 or by a person under subch. X together with the record of each candidate to whom it relates.

11.1304(9) (9) Determine whether each report or statement required to be filed under this chapter has been filed in the form and by the time prescribed by law, and whether it conforms on its face to the requirements of this chapter.

11.1304(10) (10) Immediately send to any committee or conduit which is delinquent in filing, or which has filed otherwise than in the proper form, a notice that the committee or conduit has failed to comply with this chapter. Whenever a candidate committee has appointed an individual other than the candidate as campaign treasurer, the commission shall send the notice to both the candidate and the treasurer of the candidate committee.

11.1304(11) (11) Receive and maintain in an orderly manner all reports and statements required to be filed with the state under the federal election campaign act. The commission shall:

11.1304(11)(a) (a) Preserve such reports and statements for a period of 6 years from date of receipt.

11.1304(11)(b) (b) Compile and maintain a current list of all reports and statements pertaining to each candidate who is required to file a report or statement under the federal election campaign act.

11.1304(11)(c) (c) Promptly compile and release for public inspection a list of all reports received from candidates for national office and from committees supporting or opposing such candidates which are required to be filed with the state under the federal election campaign act, as soon as possible after each deadline for receipt of such reports as provided by federal law.

11.1304(12) (12) Make the reports and statements filed under this chapter, including those reports and statements filed under sub. (11), available on the commission’s Internet site for public inspection and copying, commencing as soon as practicable but not later than the end of the 2nd day following the day during which they are received. No information copied from such reports and statements may be sold or utilized by any person for any commercial purpose.

11.1304(13) (13) Upon the request of any person, permit copying of any report or statement described under sub. (12) by hand or by duplicating machine at cost.

11.1304(14) (14) Include in its annual report under s. 19.47 (5) compilations of any of the following in its discretion:

11.1304(14)(a) (a) Total reported contributions, disbursements, and incurred obligations for all committees registered and reporting under this chapter during the biennium.

11.1304(14)(b) (b) Total amounts contributed during the biennium, reported by contribution amounts as determined by the commission, to each type of committee registered and reporting under this chapter.

11.1304(14)(c) (c) Total amounts expended during the biennium, reported by disbursement amounts as determined by the commission, by each type of committee registered and reporting under this chapter.

11.1304(14)(d) (d) Total amounts expended for influencing nominations and elections whenever separate information is reported.

11.1304(14)(e) (e) Aggregate amounts contributed by any contributors shown to have contributed more than $100.

11.1304(15) (15) Prepare and publish from time to time special reports comparing the various totals and categories of contributions and disbursements made with respect to preceding elections.

11.1304(16) (16) Make available a list of delinquents for public inspection.

11.1304(17) (17) Promulgate rules to administer this chapter.

11.1304 History History: 2015 a. 117 ss. 24, 74 (1m); 2023 a. 126.

11.1305 11.1305 Administrative termination and suspension.

11.1305(1) (1) 

11.1305(1)(a) (a) Except as provided in par. (b), the commission or another filing officer may terminate any registrant under this chapter that has been exempt for more than 3 years from filing campaign reports pursuant to s. 11.0104.

11.1305(1)(b) (b) A filing officer other than the commission may terminate a registrant under par. (a) only if the registrant has not done any of the following:

11.1305(1)(b)1. 1. Held an elective office during the 3 years prior to the proposed termination.

11.1305(1)(b)2. 2. Filed a new or amended registration statement during the 3 years prior to the proposed termination.

11.1305(1)(b)3. 3. After being exempt for more than 3 years from filing campaign finance reports, responded within 60 days from the date on which the filing officer attempted to contact the registrant using the contact information specified on the registrant’s most current registration statement.

11.1305(2) (2) 

11.1305(2)(a) (a) The commission may suspend any registrant for not complying with the requirements of this chapter. Prior to suspending the registrant, the commission shall make at least 3 attempts to notify the registrant of the potential violations. The commission shall send the final notice to the registrant by certified mail to the last address on file for the registrant, unless a more recent address is obtained from another government agency, a public record, or a reasonably diligent Internet search. If the final notice is returned undeliverable or the registrant does not respond within 30 days after the commission sends the notice, the commission may suspend the registrant and block the registrant’s access to the campaign finance website for registration and reporting.

11.1305(2)(b) (b) If a registrant does not respond to a communication from the commission requiring a response from the registrant within 180 days of receipt of the communication, the commission may suspend the registrant for failing to timely respond. Prior to suspending the registrant, the commission shall make at least 3 attempts to notify the registrant of the potential violations. The commission shall send the final notice to the registrant by certified mail to the last address on file for the registrant, unless a more recent address is obtained from another government agency, a public record, or a reasonably diligent Internet search. If the final notice is returned undeliverable or the registrant does not respond within 30 days after the commission sends the notice, the commission may suspend the registrant and block the registrant’s access to the campaign finance website for registration and reporting.

11.1305(3) (3) The commission may not reinstate a registrant suspended as provided under sub. (2) until the registrant has communicated with the commission and has filed an amended registration statement that includes all the information that the commission requires.

11.1305(4) (4) A registrant that is suspended as provided under sub. (2) may not file a termination report under s. 11.0105 until it is reinstated as provided under sub. (3).

11.1305(5) (5) If a registrant is suspended as provided under sub. (2), the statute of limitations under s. 893.93 (1m) for any potential violation committed within 3 years prior to the date of the suspension is tolled. The commission or a district attorney may commence an action to enforce such violations at any time during the 12-month period following the date of reinstatement.

11.1305 History History: 2023 a. 120.

subch. XIV of ch. 11 SUBCHAPTER XIV

PENALTIES

11.1400 11.1400 Civil penalties.

11.1400(1) (1) Any person who violates this chapter may be required to forfeit not more than $500 for each violation.

11.1400(2) (2) In addition to the penalty under sub. (1), any person who is delinquent in filing a report required by this chapter may be required to forfeit not more than $50 or one percent of the annual salary of the office for which the candidate is being supported or opposed, whichever is greater, for each day of delinquency.

11.1400(3) (3) Notwithstanding sub. (1), any person who makes any contribution in violation of this chapter may be required to forfeit treble the amount of the contribution or portion of that contribution which is illegally contributed.

11.1400(4) (4) Notwithstanding sub. (1), any person who is subject to a requirement to pay a filing fee under s. 11.0102 and who fails to pay that fee within the time prescribed in that section shall forfeit $500 plus treble the amount of the fee payable by that person.