11.16
11.16
Campaign contributions and disbursements; restrictions. 11.16(1)(a)(a) No disbursement may be made or obligation incurred by a candidate, or by any other person or committee to advocate the election or defeat of a clearly identified candidate, other than an individual who, or a committee which, has registered under
s. 11.05 and filed an oath under
s. 11.06 (7), except by the campaign treasurer of the candidate or other agent designated by the candidate and acting under his or her authority.
11.16(1)(b)
(b) The treasurer of each committee and each individual who proposes to make a disbursement to advocate the election or defeat of a clearly identified candidate shall notify the treasurer or other agent designated under
par. (a) of the candidate who is supported or whose opponent is opposed and obtain the authorization of the treasurer prior to making the disbursement. This paragraph does not apply to an individual or committee filing an oath under
s. 11.06 (7) with respect to the candidate who is supported or opposed.
11.16(1)(c)
(c) In the event that an obligation is incurred or disbursement made by the campaign treasurer or other authorized agent of the candidate, the action is imputable to the candidate for purposes of civil liability under this chapter.
11.16(1)(d)
(d) This subsection does not apply to disbursements and obligations which are exempted from reporting under
s. 11.06 (2).
11.16(2)
(2) Limitation on cash contributions. Every contribution of money exceeding $50 shall be made by negotiable instrument or evidenced by an itemized credit card receipt bearing on the face the name of the remitter. No treasurer may accept a contribution made in violation of this subsection. The treasurer shall promptly return the contribution, or donate it to the common school fund or to a charitable organization in the event that the donor cannot be identified.
11.16(3)
(3) Form of disbursements. Every disbursement which is made by a registered individual or treasurer from the campaign depository account shall be made by negotiable instrument. Such instrument shall bear on the face the full name of the candidate, committee, individual or group as it appears on the registration statement filed under
s. 11.05 and where necessary, such additional words as are sufficient to clearly indicate the political nature of the registrant or account of the registrant. The name of a political party shall include the word "party". The instrument of each committee registered with the board and designated under
s. 11.05 (3) (c) as a special interest committee shall bear the identification number assigned under
s. 11.21 (12) on the face of the instrument.
11.16(4)(a)(a) The treasurer of a personal campaign committee may agree with a prospective contributor that a contribution is received to be utilized for a specific purpose not prohibited by law. Such purpose may not include a disbursement in support of or in opposition to another candidate or the transfer to an individual or committee acting in support of or in opposition to another candidate, except as authorized in an escrow agreement under
s. 11.16 (5).
11.16(4)(b)
(b) When a contribution is made to a political party or to an individual or committee other than a candidate or the candidate's personal campaign committee, the purpose may not be specified, except that if a contribution is received pursuant to an escrow agreement for transfer to a candidate in accordance with
sub. (5), the contributor may specify the recipient of the contribution and if a contribution is received by a support committee established for adoption by a candidate in accordance with
ss. 11.10 (1) and
11.18, the contributor may specify that the contribution shall be utilized for support of the candidate being supported by the committee.
11.16(4)(c)
(c) Except for transfers of membership-related moneys between committees of the same political party and transfers made pursuant to escrow agreements authorized under
sub. (5), no committee may act as a conduit for the earmarked contributions of others. Transfers of membership-related moneys between political party committees shall be treated in the same manner as other transfers.
11.16(5)
(5) Escrow agreements. Any personal campaign committee, political party committee or legislative campaign committee may, pursuant to a written escrow agreement with more than one candidate, solicit contributions for and conduct a joint fund raising effort or program on behalf of more than one named candidate. The agreement shall specify the percentage of the proceeds to be distributed to each candidate by the committee conducting the effort or program. The committee shall include this information in all solicitations for the effort or program. All contributions received and disbursements made by the committee in connection with the effort or program shall be received and disbursed through a separate depository account under
s. 11.14 (1) that is identified in the agreement. For purposes of
s. 11.06 (1), the committee conducting the effort or program shall prepare a schedule in the form prescribed by the board supplying all required information under
s. 11.06 (1) and items qualifying for exclusion under
s. 11.31 (6) for the effort or program, and shall transmit a copy of the schedule to each candidate who receives any of the proceeds within the period prescribed in
s. 11.06 (4) (c).
11.17
11.17
Treatment of loan guarantees. 11.17(1)
(1) If any person guarantees a loan to a registrant made for a political purpose, the person makes a contribution to the registrant and the registrant incurs an obligation to the guarantor. If more than one person guarantees the same loan, the guarantors make contributions to the registrant and the registrant incurs obligations to the guarantors in equal shares, in the proportion that the number of guarantors bears to the total amount guaranteed, unless a different share is specified in the loan instrument.
11.17(2)
(2) If a registrant reduces the unpaid balance of a loan to the registrant made for a political purpose by making a repayment to the lender or reimburses a guarantor from whom the lender has collected upon a guarantee, the amount of the guarantor's contribution and the amount of the obligation incurred by the registrant are reduced by the amount of the repayment or reimbursement. If more than one guarantor guarantees the same loan, the amounts of the guarantors' contributions and the amounts of the obligations incurred by the registrant are reduced in equal shares, in the proportion that the number of guarantors bears to the amount repaid or reimbursed, unless a different share is specified in the loan instrument.
11.17(3)
(3) If a registrant defaults on a loan that is guaranteed, and the lender collects the amount guaranteed from the guarantor, the guarantor makes a contribution to the registrant and the registrant incurs an obligation to the guarantor in an amount equal to the amount collected by the lender from the guarantor. If more than one guarantor guarantees the same loan, the guarantors make contributions to the registrant and the registrant incurs obligations to the guarantors in equal shares, in the proportion that the number of guarantors bears to the total amount of the unpaid balance, unless a different share is specified in the loan instrument. If a registrant reports a contribution or incurred obligation in the form of a guarantee under
s. 11.06 (1) at the time the guarantee is made, the registrant need not report the same contribution or incurred obligation at the time of a default and collection upon a guarantee.
11.17(4)
(4) If a candidate secures a loan for both a political and a nonpolitical purpose, this chapter applies only to the portion of the loan made for a political purpose.
11.17 History
History: 1979 c. 328;
1987 a. 370.
11.18
11.18
Support committee. 11.18(1)(1) A committee may be organized to support the prospective candidacy of an individual. No such committee authorized under
s. 11.05 (3) (p) may be organized during a period in which the individual on whose behalf the committee is organized is registered as a candidate or has a personal campaign committee registered on his or her behalf.
11.18(2)
(2) A committee organized under
sub. (1) shall register under
s. 11.05 as a support committee.
11.18(3)
(3) A support committee authorized under
s. 11.05 (3) (p) may not act on behalf of more than one individual but may make a contribution to another committee. No more than one support committee authorized under
s. 11.05 (3) (p) may be organized on behalf of the same individual. Any subcommittee of a support committee authorized under
s. 11.05 (3) (p) shall be authorized by the individual on whose behalf the subcommittee acts. Any committee which is organized or acts with the cooperation of or upon consultation with a support committee or the individual on whose behalf a support committee is organized or which acts in concert with or at the request or suggestion of a support committee or the individual on whose behalf a support committee is organized is deemed a subcommittee of the support committee.
11.18(4)
(4) Notwithstanding
s. 11.12 (1), a support committee may make direct disbursements from its campaign depository account to pay for the expenses incurred for a political purpose to support the prospective candidacy of an individual on whose behalf it is organized during a period in which the committee is permitted to operate under
sub. (1).
11.18(6)
(6) If an individual on whose behalf a support committee is authorized to operate under
s. 11.05 (3) (p) becomes a candidate, the committee shall be adopted by the candidate as his or her personal campaign committee. A support committee which files a statement under
s. 11.06 (7) may not be adopted by a candidate as a personal campaign committee.
11.18 History
History: 1985 a. 303.
11.19
11.19
Dissolution of registrants; termination reports. 11.19(1)(1) Whenever any registrant disbands or determines that obligations will no longer be incurred, and contributions will no longer be received nor disbursements made during a calendar year, and the registrant has no outstanding incurred obligations, the registrant shall file a termination report with the appropriate filing officer. Such report shall indicate a cash balance on hand of zero at the end of the reporting period and shall indicate the disposition of residual funds. Residual funds may be used for any political 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. The report shall be filed and certified as were previous reports, and shall contain the information required by
s. 11.06 (1). If a termination report or suspension report under
sub. (2) is not filed, the registrant shall continue to file periodic reports with the appropriate filing officer, no later than the dates specified in
s. 11.20. This subsection does not apply to any registrant making an indication under
s. 11.05 (2r).
11.19(2)
(2) Notwithstanding
sub. (1), any registrant who or which determines that obligations will no longer be incurred, contributions will no longer be made or received or disbursements made during a calendar year in an aggregate amount of more than $1,000 may file a suspension report with the appropriate filing officer. The report shall be filed and certified as were previous reports and shall contain the information required under
s. 11.06 (1). Upon receipt of a properly executed report, the registrant shall be granted a suspension of the filing requirement under
s. 11.20 (9) by the appropriate filing officer. Such suspension is effective only for the calendar year in which it is granted, unless the registrant alters its status before the end of such year or files a termination report under
sub. (1).
11.19(3)
(3) In no case may a candidate or personal campaign committee file a termination or suspension report covering any period ending sooner than the date of the election in which the candidate or committee is participating.
11.19(4)
(4) If a registrant files a termination report under
sub. (1) or
(2) and within 60 days thereafter receives and accepts unanticipated contributions, the registrant may 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.
11.20
11.20
Filing requirements. 11.20(1)(1) All reports required by
s. 11.06 which relate to activities which promote or oppose candidates for state office or statewide referenda and all reports under
s. 11.08 shall be filed with the board. All reports required by
s. 11.06 which relate to activities which promote or oppose candidates for local office or local referenda shall be filed with the appropriate filing officer under
s. 11.02, except reports filed under
s. 11.08.
11.20(2)
(2) Preprimary and preelection reports under
s. 11.06 (1) shall be received by the appropriate filing officer no earlier than 14 days and no later than 8 days preceding the primary and the election.
11.20(2m)
(2m) Election reports under
s. 11.12 shall be received by the appropriate filing officer no earlier than 23 days and no later than 30 days after each special election, unless a continuing report is required to be filed under
sub. (4) on or before the 30th day after the special election.
11.20(3)(a)(a) A candidate or personal campaign committee of a candidate at a primary shall file a preprimary and preelection report. If a candidate for a nonpartisan state office at an election is not required to participate in a primary, the candidate or personal campaign committee of the candidate shall file a preprimary report at the time prescribed in
sub. (2) preceding the date specified in
s. 5.02 (20) or
(22) for the holding of the primary, were it to be required.
11.20(3)(b)
(b) A candidate or personal campaign committee of a candidate at an election shall file a preelection report.
11.20(3)(bm)
(bm) A candidate or personal campaign committee of a candidate at a special election shall file a postelection report whenever the report is required to be filed under
sub. (2m).
11.20(3)(c)
(c) A registered committee or individual other than a candidate or personal campaign committee making or accepting contributions, making disbursements or incurring obligations in support of or in opposition to one or more candidates for office at a primary, or supporting or opposing other committees or individuals who are engaging in such activities, shall file a preprimary and preelection report.
11.20(3)(d)
(d) A registered committee or individual other than a candidate or personal campaign committee making or accepting contributions, making disbursements or incurring obligations in support of or in opposition to one or more candidates for office at an election, or supporting or opposing other committees or individuals who are engaging in such activities, shall file a preelection report.
11.20(3)(f)
(f) A contribution, disbursement or obligation in support of or in opposition to a candidate at a primary which is made, accepted or incurred during the period covered by the preprimary report is considered to be made, accepted or incurred in support of or in opposition to that candidate at the primary, regardless of whether the candidate is opposed at the primary.
11.20(3)(g)
(g) A contribution, disbursement or obligation in support of or in opposition to a candidate at an election which is made, accepted or incurred during the period covered by the preelection report is considered to be made, accepted or incurred in support of or in opposition to that candidate at the election, regardless of whether the candidate is opposed at the election.
11.20(3)(h)
(h) A registrant who or which makes, accepts or incurs a contribution, disbursement or obligation in support of or in opposition to 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 registrant engages in such activity during the period covered by the preelection report.
11.20(3)(i)
(i) Notwithstanding
pars. (c) and
(d), a registrant other than a candidate, personal campaign committee or political party committee who or which makes, accepts or incurs a contribution, disbursement or obligation in support of or in opposition to 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.
11.20(3)(j)
(j) Notwithstanding
pars. (c) and
(d), a registrant other than a candidate, personal campaign committee or political party committee who or which makes, accepts or incurs a contribution, disbursement or obligation in support of or in opposition to a candidate at an election during the period covered by the report which 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.
11.20(3)(k)
(k) A registered group or individual making or accepting contributions, making disbursements or incurring obligations in support of or in opposition to a referendum appearing on a primary ballot shall file a preprimary and preelection report.
11.20(3)(L)
(L) A registered group or individual making or accepting contributions, making disbursements or incurring obligations in support of or in opposition to a referendum appearing on an election ballot shall file a preelection report.
11.20(4)
(4) Continuing reports under
s. 11.06 (1) by committees or individuals supporting or opposing candidates for office, including committees of a political party, and by individuals or groups supporting or opposing a referendum shall be received by the appropriate filing officer no earlier than January 1 and no later than January 31; and no earlier than July 1 and no later than July 20.
11.20(4m)
(4m) An individual who or committee which supports or opposes an effort to circulate and file a petition to recall an officer shall file a report with the appropriate filing officer no later than 30 days after registration of the petitioner for recall of the officer under
s. 9.10 (2) (d), if the petition has not been offered for filing within 5 days of that date, and no later than 5 days after a petition is offered for filing demanding the recall of the officer.
11.20(5g)
(5g) Notwithstanding
sub. (3), a personal campaign committee which is not formed to support or oppose a candidate in a partisan primary or election need only comply with
sub. (3) for purposes of a partisan primary and election if it makes a disbursement for the purpose of influencing the outcome of that primary or election in a form other than a contribution which is reported by the recipient.
11.20(5r)
(5r) Notwithstanding
sub. (3), a personal campaign committee which is not formed to support or oppose a candidate in a nonpartisan primary or election need only comply with
sub. (3) for the purposes of a nonpartisan primary or election if it makes a disbursement for the purpose of influencing the outcome of that primary or election in a form other than a contribution which is reported by the recipient.
11.20(7)
(7) In the event that any report is required to be filed under this section on a nonbusiness day, it may be filed on the next business day thereafter.
11.20(8)
(8) Reports filed under
subs. (2),
(4) and
(4m) shall include all contributions received and transactions made as of the end of:
11.20(8)(a)
(a) The 15th day preceding the primary or election in the case of the preprimary and preelection report;
11.20(8)(b)
(b) December 31 in the case of the continuing report required by January 31; and
11.20(8)(c)
(c) June 30 in the case of the continuing report required by July 20.
11.20(8)(d)
(d) Five days preceding the deadline for filing of the report in the case of the report required under
sub. (4m).
11.20(8)(e)
(e) The 22nd day following the special election in the case of the postelection report required under
sub. (2m).
11.20(9)
(9) Except as provided in
ss. 11.05 (2r) and
11.19 (2), the duty to file reports under this section continues until a termination report is filed in accordance with
s. 11.19.
11.20(10)(a)(a) Where a requirement is imposed under this section for the filing of a financial report which is to be received by the appropriate filing officer no later than a certain date, the requirement may be satisfied either by actual receipt of the report by the prescribed time for filing at the office of the filing officer, or by filing a report with the U.S. postal service by first class mail with sufficient prepaid postage, addressed to the appropriate filing officer, no later than the date provided by law for receipt of such report.
11.20(10)(b)
(b) In any case where the postal service is employed by a person subject to a filing requirement as the agent for transmittal of a report, the burden is upon such person to show that a report has been filed with the postal service.
11.20(10)(c)
(c) It is presumed until the contrary is established that the date shown by the postal service cancellation mark on the envelope containing the report is the date that it was deposited in the mail.
11.20(11)
(11) All reports required by this chapter shall be open to public inspection.
11.20(12)
(12) If a candidate is unopposed in a primary or election, the obligation to file the reports required by this chapter does not cease. Except as provided in
ss. 11.05 (2r) and
11.19 (2), a registrant who makes or receives no contributions, makes no disbursements or incurs no obligations shall so report on the dates designated in
subs. (2) and
(4).
11.20(13)
(13) In the event of failure of a candidate or treasurer to file a report or statement required by this chapter by the time prescribed by law, action may be commenced against the candidate, the campaign treasurer, or the candidate's personal campaign committee, if any, or any combination of them.
11.21
11.21
Duties of the elections board. The board shall:
11.21(1)
(1) Prescribe forms for making the reports, statements and notices required by this chapter. The board shall furnish forms for making reports or statements without charge to all persons who are required to file reports or statements with the board, and shall distribute or arrange for the distribution of all forms for use by other filing officers.
11.21(2)
(2) Furnish to each registrant prescribed forms for the making of reports and statements. Forms shall be sent by 1st class mail not earlier than 21 days and not later than 14 days prior to the applicable filing deadline under
s. 11.20, and addressed to the attention of the treasurer or other person indicated on the registration statement. Forms need not be sent to a registrant who has made an indication that aggregate contributions, disbursements and obligations will not exceed the amount specified under
s. 11.05 (2r) or to a registrant who has been granted a suspension under
s. 11.19 (2). Whenever any notice of filing requirements under this chapter is sent to a candidate's campaign treasurer, the board shall also send a notice to the candidate if he or she has appointed a separate treasurer. Failure to receive any form or notice does not exempt a registrant from compliance with this chapter.
11.21(3)
(3) 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. The board shall furnish a copy of the manual without charge, upon request, to all persons who are required to file reports or statements with the board, and shall distribute or arrange for the distribution of copies of the manual for use by other filing officers.
11.21(4)
(4) Develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter.
11.21(5)
(5) Make the reports and statements filed with it available 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, and permit copying of any report or statement by hand or by duplicating machine at cost, as requested by any person. No information copied from such reports and statements may be sold or utilized by any person for the purpose of soliciting contributions from individuals identified in the reports or statements or for any commercial purpose.
11.21(6)
(6) Compile and maintain a current list of all reports and statements or parts thereof pertaining to each candidate, individual, committee or group.
11.21(7)
(7) Include in its biennial report under
s. 5.05 (5) compilations of any of the following in its discretion:
11.21(7)(a)
(a) Total reported contributions, disbursements and incurred obligations for all candidates, individuals, committees and groups during the biennium.
11.21(7)(b)
(b) Total amounts expended according to such categories as it may determine and separated according to candidate, political party, and nonparty disbursements.
11.21(7)(c)
(c) Total amounts expended for influencing nominations and elections stated separately whenever separate information is reported.
11.21(7)(d)
(d) Total amounts contributed according to such categories of amounts as it determines for candidates, individuals, committees and groups.
11.21(7)(e)
(e) Aggregate amounts contributed by any contributors shown to have contributed more than $100.
11.21(8)
(8) 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.
11.21(9)
(9) Place a copy of any separate schedule under
s. 11.06 (1) (j) received with the financial report of an individual or committee filing an oath under
s. 11.06 (7) in the file of each candidate to whom it relates.
11.21(10)
(10) Make available a list of delinquents for public inspection.
11.21(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, and in addition shall:
11.21(11)(a)
(a) Preserve such reports and statements for a period of 6 years from date of receipt.
