11.06(1m)
(1m) Surplus campaign materials. Notwithstanding
sub. (1) (a) and
(g), a registrant need not provide an itemized statement of a contribution or disbursement of surplus materials acquired in connection with a previous campaign of the registrant for or against the same candidate, candidates, party or referendum in connection with which the materials are utilized, if the materials were previously reported as a contribution or disbursement by that registrant.
11.06(2)
(2) Disclosure of certain indirect disbursements. Notwithstanding
sub. (1), if a disbursement is made or obligation incurred by an individual other than a candidate or by a committee or group which is not primarily organized for political purposes, and the disbursement does not constitute a contribution to any candidate or other individual, committee or group, the disbursement or obligation is required to be reported only if the purpose is to expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a referendum. The exemption provided by this subsection shall in no case be construed to apply to a political party, legislative campaign, personal campaign or support committee.
Effective date note
NOTE: Sub. (2) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(2) Disclosure of certain indirect disbursements. Notwithstanding sub. (1), if a disbursement is made or obligation incurred by an individual other than a candidate, or by a committee or group which is not primarily organized for political purposes, for a purpose other than to make a communication described in s. 11.01 (16) (a) 3., and the disbursement does not constitute a contribution to any candidate or other individual, committee or group, the disbursement or obligation is required to be reported only if the purpose is to expressly advocate the election or defeat of a clearly identified candidate or the adoption or rejection of a referendum. The exemption provided by this subsection shall in no case be construed to apply to a political party, personal campaign or support committee.
11.06(2m)(a)(a) Any person, committee or group, other than an individual or committee required to file an oath under
sub. (7), who or which does not anticipate accepting contributions, making disbursements or incurring obligations in an aggregate amount in excess of $1,000 in a calendar year and does not anticipate accepting any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in that year may indicate on its registration statement that the person, committee or group will not accept contributions, incur obligations or make disbursements in the aggregate in excess of $1,000 in any calendar year and will not accept any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in any calendar year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date that aggregate contributions, disbursements or obligations for the calendar year exceed $1,000, or the date on which the registrant accepts any contribution or contributions exceeding $100 from a single source, other than contributions made by a candidate to his or her own campaign, during any calendar year, whichever is earlier.
Effective date note
NOTE: Sub. (2m) (title) and (a) are shown as renumbered from s. 11.05 (2r) and amended eff. 7-1-03 by
2001 Wis. Act 109.
11.06(2m)(b)
(b) Any individual or committee who or which is required to file an oath under
sub. (7), who or which accepts contributions, makes disbursements, or incurs obligations for the purpose of supporting or opposing one or more candidates for state office, and who or which does not anticipate accepting contributions, making disbursements, or incurring obligations in an aggregate amount in excess of $1,000 in a calendar year and does not anticipate accepting any contribution or contributions from a single source exceeding $100 in that year may indicate on its registration statement that the individual or committee will not accept contributions, incur obligations, or make disbursements in the aggregate in excess of $1,000 in any calendar year and will not accept any contribution or contributions from a single source exceeding $100 in any calendar year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date on which aggregate contributions, disbursements, or obligations for the calendar year exceed $1,000, or the date on which the registrant accepts any contribution or contributions exceeding $100 from a single source during any calendar year, whichever is earlier.
11.06(2m)(c)
(c) Any individual or committee who or which is required to file an oath under
sub. (7), who or which accepts contributions, makes disbursements, or incurs obligations for the purpose of supporting or opposing one or more candidates for local office but not for the purpose of supporting or opposing any candidate for state office, and who or which does not anticipate accepting contributions, making disbursements, or incurring obligations in an aggregate amount in excess of $100 in a calendar year may indicate on its registration statement that the individual or committee will not accept contributions, incur obligations, or make disbursements in the aggregate in excess of $100 in any calendar year and will not accept any contribution or contributions from a single source, other than contributions made by a candidate to his or her own campaign, exceeding $100 in any calendar year. Any registrant making such an indication is not subject to any filing requirement if the statement is true. The registrant need not file a termination report. A registrant not making such an indication on a registration statement is subject to a filing requirement. The indication may be revoked and the registrant is then subject to a filing requirement as of the date of revocation, or the date that aggregate contributions, disbursements, or obligations for the calendar year exceed $100, whichever is earlier.
11.06(2m)(d)
(d) If a revocation by a registrant under this subsection is not timely, the registrant violates
s. 11.27 (1).
11.06(3)(a)(a) In this subsection, "nonresident registrant" means a registrant who or which does not maintain an office or street address within this state.
11.06(3)(b)
(b) Notwithstanding
sub. (1), a nonresident registrant shall report on a form prescribed by the board the applicable information under
sub. (1) concerning:
Effective date note
NOTE: Par. (b)(intro.) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(b) A nonresident registrant that makes a report under sub. (1) shall ensure that the report separately states information under sub. (1) concerning all of the following, in a manner prescribed by the board:
11.06(3)(b)1.
1. Contributions, including transfers and loans, and other income received from sources in this state.
11.06(3)(b)2.
2. Disbursements made and obligations incurred with respect to an election for state or local office in this state.
11.06(3)(c)
(c) If a nonresident registrant is registered for campaign finance reporting purposes with the federal elections commission or with the filing officer or agency of another state, the registrant shall indicate on the report the name and address of each filing officer or agency with which a copy of its campaign finance reports is filed.
11.06(3m)
(3m) Federal candidate committee reporting. 11.06(3m)(a)(a) In this subsection, "federal candidate committee" means an authorized committee of a candidate for the U.S. senate or house of representatives from this state designated by the candidate under
2 USC 432 (e).
11.06(3m)(b)
(b) As provided in
s. 11.05 (1) and
(2g), a federal candidate committee shall file a registration statement with the appropriate filing officer if required by
s. 11.05 (1) or
(2g).
11.06(3m)(c)
(c) Notwithstanding
sub. (1), a federal candidate committee need not file any reports with the appropriate filing officer under
s. 11.20 for any period covered in a report filed with the federal election commission if the board receives a copy of that report.
11.06(3r)
(3r) State-federal political party reporting. 11.06(3r)(a)(a) In this subsection, "federal account committee" means a committee of a state political party organization which makes contributions to candidates for national office and is registered with the federal election commission.
11.06(3r)(b)
(b) As provided in
s. 11.05 (1), a federal account committee shall file a registration statement with the appropriate filing officer if required by
s. 11.05 (1).
11.06(3r)(c)
(c) Notwithstanding
sub. (1), a federal account committee which makes contributions to a state political party committee need not file reports with the appropriate filing officer under
s. 11.20 for any period covered in a report filed with the federal election commission if the board receives a copy of that report and the federal account committee makes no contributions to any other committee which or individual who is required to register under
s. 11.05 (1),
(2) or
(2g).
11.06(3w)
(3w) National political party reporting. 11.06(3w)(a)(a) In this subsection, "national political party committee" means a national committee as defined in
2 USC 431 (14).
11.06(3w)(b)
(b) As provided in
s. 11.05 (1), a national political party committee shall file a registration statement with the appropriate filing officer if required by
s. 11.05 (1).
11.06(3w)(c)
(c) Notwithstanding
sub. (1), a national political party committee need not file reports with the appropriate filing officer under
s. 11.20 for any period covered in a report filed with the federal election commission.
11.06(4)
(4) When transactions reportable. 11.06(4)(a)(a) A contribution is received by a candidate for purposes of this chapter when it is under the control of the candidate or campaign treasurer, or such person accepts the benefit thereof. A contribution is received by an individual, group or committee, other than a personal campaign committee, when it is under the control of the individual or the committee or group treasurer, or such person accepts the benefit thereof.
11.06(4)(b)
(b) Unless it is returned or donated within 15 days of receipt, a contribution must be reported as received and accepted on the date received. This subsection applies notwithstanding the fact that the contribution is not deposited in the campaign depository account by the closing date for the reporting period as provided in
s. 11.20 (8).
Effective date note
NOTE: Par. (b) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(b) Unless it is returned or donated within 15 days of receipt, a contribution must be reported as received and accepted on the date received. This paragraph applies notwithstanding the fact that the contribution is not deposited in a campaign depository account by the closing date for a reporting period as provided in s. 11.20 (8) or the reporting deadline provided in s. 11.21 (16).
11.06(4)(c)
(c) All contributions received by any person acting as an agent of a candidate or treasurer shall be reported by such person to the candidate or treasurer within 15 days of receipt. In the case of a contribution of money, the agent shall transmit the contribution to the candidate or treasurer within 15 days of receipt.
11.06(4)(d)
(d) A contribution, disbursement or obligation made or incurred to or for the benefit of a candidate is reportable by the candidate or the candidate's personal campaign committee if it is made or incurred with the authorization, direction or control of or otherwise by prearrangement with the candidate or the candidate's agent.
11.06(4)(e)
(e) Notwithstanding
pars. (a) to
(e), receipt of contributions by registrants under
s. 11.05 (7) shall be treated as received in accordance with that subsection.
11.06(5)
(5) Report must be complete. A registered individual or treasurer of a group or committee shall make a good faith effort to obtain all required information. The first report shall commence no later than the date that the first contribution is received and accepted or the first disbursement is made. Each report shall be filed with the appropriate filing officer on the dates designated in
s. 11.20. The individual or the treasurer of the group or committee shall certify to the correctness of each report. In the case of a candidate, the candidate or treasurer shall certify to the correctness of each report. If a treasurer is unavailable, any person designated as a custodian under
s. 11.05 (3) (e) may certify to the correctness of a report.
Effective date note
NOTE: Sub. (5) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(5) Report must be complete. A registered individual or treasurer of a group or committee shall make a good faith effort to obtain all required information. The first report shall commence no later than the date that the first contribution is received and accepted or the first disbursement is made. Each report shall be filed with the appropriate filing officer on the dates designated in s. 11.20 and, if the registrant files reports under s. 11.21 (16), at the times specified in s. 11.21 (16). The individual or the treasurer of the group or committee shall certify to the correctness of each report. In the case of a candidate, the candidate or treasurer shall certify to the correctness of each report. If a treasurer is unavailable, any person designated as a custodian under s. 11.05 (3) (e) may certify to the correctness of a report.
11.06(6)
(6) Purpose of disbursements. An individual, group or committee which is registered under
s. 11.05 may make disbursements for any lawful political purpose.
11.06(7)
(7) Oath for independent disbursements. 11.06(7)(a)(a) Every committee, other than a personal campaign committee, which and every individual, other than a candidate who desires to make disbursements during any calendar year, which are to be used to advocate the election or defeat of any clearly identified candidate or candidates in any election shall before making any disbursement, except within the amount authorized under
s. 11.05 (1) or
(2), file with the registration statement under
s. 11.05 a statement under oath affirming that the committee or individual does not act in cooperation or consultation with any candidate or agent or authorized committee of a candidate who is supported, that the committee or individual does not act in concert with, or at the request or suggestion of, any candidate or any agent or authorized committee of a candidate who is supported, that the committee or individual does not act in cooperation or consultation with any candidate or agent or authorized committee of a candidate who benefits from a disbursement made in opposition to a candidate, and that the committee or individual does not act in concert with, or at the request or suggestion of, any candidate or agent or authorized committee of a candidate who benefits from a disbursement made in opposition to a candidate. A committee which or individual who acts independently of one or more candidates or agents or authorized committees of candidates and also in cooperation or upon consultation with, in concert with, or at the request or suggestion of one or more candidates or agents or authorized committees of candidates shall indicate in the oath the names of the candidate or candidates to which it applies.
11.06(7)(b)
(b) A committee or individual required to file an oath under this subsection shall file the oath at the time of registration under
s. 11.05 or the time the committee or individual becomes subject to this subsection, whichever is later. The committee or individual shall file an amendment to the oath whenever there is a change in the candidate or candidates to whom it applies. A committee or individual shall refile the oath for each calendar year in which the committee or individual proposes to make disbursements specified in this subsection, no later than January 31 of that calendar year.
11.06(7)(c)
(c) Any individual who or committee which falsely makes an oath under
par. (a), or any individual, committee or agent of an individual or committee who or which carries on any activities with intent to violate an oath under
par. (a) is guilty of a violation of this chapter.
11.06(7m)
(7m) Independent disbursements; change in status. 11.06(7m)(a)(a) If a committee which was registered under
s. 11.05 as a political party committee or legislative campaign committee supporting candidates of a political party files an oath under
sub. (7) affirming that it does not act in cooperation or consultation with any candidate who is nominated to appear on the party ballot of the party at a general or special election, that the committee does not act in concert with, or at the request or suggestion of, such a candidate, that the committee does not act in cooperation or consultation with such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, and that the committee does not act in concert with, or at the request or suggestion of, such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, the committee filing the oath may not make any contributions in support of any candidate of the party at the general or special election or in opposition to any such candidate's opponents exceeding the amounts specified in
s. 11.26 (2), except as authorized in
par. (c).
Effective date note
NOTE: Par. (a) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(a) If a committee which was registered under s. 11.05 as a political party committee supporting candidates of a political party files an oath under sub. (7) affirming that it does not act in cooperation or consultation with any candidate who is nominated to appear on the party ballot of the party at a general or special election, that the committee does not act in concert with, or at the request or suggestion of, such a candidate, that the committee does not act in cooperation or consultation with such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, and that the committee does not act in concert with, or at the request or suggestion of, such a candidate or agent or authorized committee of such a candidate who benefits from a disbursement made in opposition to another candidate, the committee filing the oath may not make any contributions in support of any candidate of the party at the general or special election or in opposition to any such candidate's opponents exceeding the applicable amounts specified in s. 11.26 (2) and (2m), except as authorized in par. (c).
11.06(7m)(b)
(b) If the committee has already made contributions in excess of the amounts specified in
s. 11.26 (2) at the time it files an oath under
sub. (7), each candidate to whom contributions are made shall promptly return a sufficient amount of contributions to bring the committee in compliance with this subsection and the committee may not make any additional contributions in violation of this subsection.
Effective date note
NOTE: Par. (b) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(b) If the committee has already made contributions in excess of the applicable amounts specified in s. 11.26 (2) or (2m) at the time it files an oath under sub. (7), each candidate to whom contributions are made shall promptly return a sufficient amount of contributions to bring the committee in compliance with this subsection and the committee may not make any additional contributions in violation of this subsection.
11.06(7m)(c)
(c) A committee filing an oath under
sub. (7) which desires to change its status to a political party committee or legislative campaign committee may do so as of December 31 of any even-numbered year.
Section 11.26 does not apply to contributions received by such a committee prior to the date of the change. Such a committee may change its status at other times only by filing a termination statement under
s. 11.19 (1) and reregistering as a newly organized committee under
s. 11.05.
Effective date note
NOTE: Par. (c) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(c) A committee filing an oath under sub. (7) which desires to change its status to a political party committee may do so as of December 31 of any even-numbered year. Section 11.26 does not apply to contributions received by such a committee prior to the date of the change. Such a committee may change its status at other times only by filing a termination statement under s. 11.19 (1) and reregistering as a newly organized committee under s. 11.05.
11.06(8)
(8) Return of contributions. A registrant may return a contribution at any time, before or after acceptance. If a contribution is accepted contrary to law, the subsequent return does not constitute a defense to a violation.
11.06(9)
(9) Short form. The board shall prescribe a simplified, short form for compliance with this section by a registrant who has not engaged in any financial transaction since the last date included on the registrant's preceding financial report.
11.06(10)
(10) Referendum reporting separated. If a committee which operates as a political group has filed a single registration statement, any report of that committee which concerns activities being carried on as a political group under this chapter shall contain separate itemization of such activities, whenever itemization is required.
11.06(11)
(11) Reporting of conduit contributions. 11.06(11)(a)(a) A conduit transferring a contribution of money shall, in writing, identify itself to the transferee as a conduit and report to the transferee of each contribution transferred by it the information about the original contributor required for reporting purposes under
sub. (1) (a) and
(b) at the time the contribution is transferred. The conduit shall include the information in its report under
s. 11.12 (5) or
11.20 for the date on which the contribution is received and transferred.
11.06(11)(b)
(b) Each filing officer shall place a copy of any report received under
par. (a) in the file of the conduit and the file of the transferee.
11.06(11)(bm)
(bm) The board shall prescribe a separate schedule for reporting under
sub. (1) by transferees of contributions transferred by conduits.
11.06(11)(c)
(c) A contribution of money received from a conduit, accompanied by the information required under
par. (a), is considered to be a contribution from the original contributor.
11.06(12)
(12) Valuation of opinion poll or voter survey results. 11.06(12)(a)1.
1. "Election period" means the period between December 1 and the date of the spring election, the period between June 1 and the day of the general election in any even-numbered year or the period between the first day for circulation of nomination papers and the day of a special election for any state office.
11.06(12)(a)2.
2. "Initial recipient" means the individual who or committee which commissions a public opinion poll or voter survey.
11.06(12)(a)3.
3. "Results" means computer output or a written or verbal analysis of polling or survey data.
11.06(12)(a)4.
4. "Voter survey" includes the acquisition of information which identifies voter attitudes concerning candidates or issues.
11.06(12)(b)
(b) If a candidate or committee receives a contribution consisting of the results of an opinion poll or voter survey during the first 15 days after the results are received by the initial recipient, or if a candidate or committee receives a contribution consisting of the results of an opinion poll or voter survey for which the initial recipient received the results during an election period, the contribution shall be valued for purposes of
sub. (1) at the full share of the overall cost of the poll or survey which is allocable to each candidate, including a candidate for national office, receiving the results.
11.06(12)(c)
(c) If the results are received 16 to 60 days following receipt by the initial recipient, and if the initial recipient did not receive the results during an election period, the contribution shall be valued at 50% of the amount allocated to an initial recipient of the same results.
11.06(12)(d)
(d) If the results are received 61 to 180 days after receipt by the initial recipient, and if the initial recipient did not receive the results during an election period, the contribution shall be valued at 5% of the amount allocated to an initial recipient of the same results.
11.06(12)(e)
(e) If the results are received more than 180 days after receipt by the initial recipient, and if the initial recipient did not receive the results during an election period, no amount need be allocated.
11.06(12)(f)
(f) If the results of an opinion poll or voter survey are contributed to more than one recipient, the value of the poll or survey, as adjusted under
pars. (c) to
(e), shall be apportioned to each recipient receiving the results by one of the methods specified in this paragraph selected by the contributor. Each recipient shall report one of the following, in accordance with instructions received from the contributor:
11.06(12)(f)1.
1. That share of the overall cost of the poll or survey which is allocable to the recipient, based upon the cost allocation formula of the polling or survey firm from which the results are purchased. Under this method the size of the sample, the population of the area in which the recipient conducts political activities, the number of computer column codes, the extent of computer tabulations, and the extent of written analysis and verbal consultation, if applicable, may be used to determine the shares.
11.06(12)(f)2.
2. An amount computed by dividing the overall cost of the poll or survey equally among recipients receiving the results.
11.06(12)(f)3.
3. A proportion of the overall cost of the poll or survey equal to the proportion that the number of question results received by the recipient bears to the total number of question results received by all recipients.
11.06(12)(g)
(g) If the contributor makes a subsequent contribution of the results of an opinion poll or voter survey after initial apportionment of the value under
par. (f), the contributor shall report to the recipient a value for the contribution determined in good faith, considering the value to other recipients, as adjusted under
pars. (c) to
(e). In such case, the total value of the contributor's aggregate contributions may exceed the original cost of the poll or survey.
11.06(12)(h)
(h) A contributor of opinion poll or voter survey results shall maintain records sufficient to support the valuation of the contribution and shall inform the recipient of the value of the contribution.
11.06 Cross-reference
Cross Reference: See also ss. ElBd 6.04 and 6.05, Wis. adm. code.
11.06 Annotation
The term "political purposes" is not restricted to acts of express advocacy, but encompasses many acts undertaken to influence an election, including making contributions to an election campaign. Contributions may be in-kind, as well as in cash, and campaign organizations are required to report the receipt of in-kind contributions. Wisconsin Coalition for Voter Participation, Inc. v. State Elections Board,
231 Wis. 2d 670,
605 N.W.2d 654 (Ct. App. 1999).
11.06 Annotation
The board should not exercise the power of administrative review of minor party exemptions based on a reasonable probability of the minor parties' contributors being subjected to threats, harassment, or reprisals. 65 Atty. Gen. 145.
11.06 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).
