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.
Effective date note
NOTE: Sub. (1) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(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. Each registrant shall file the reports required by this section. If the registrant is subject to a requirement under s. 11.21 (16) to report electronically the same information that is reportable under this section, the registrant shall, in addition, file the reports required by this section recorded on a medium specified by the board.
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.
Effective date note
NOTE: Sub. (2) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(2) In addition to any reports required under s. 11.12 (8), each candidate who seeks office at a primary or other election, or his or her personal campaign committee, shall file a preprimary and preelection report under s. 11.06 (1), which 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. Each candidate who is required to file reports under s. 11.12 (8), or his or her personal campaign committee, shall file each weekly report so that the report is received by the appropriate filing officer no earlier than the day after the end of the week to which the report pertains and no later than the day after the end of that week, and shall file each daily report so that the report is received no later than the end of the day following the day to which the report pertains.
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.
Effective date note
NOTE: Par. (a) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(a) In addition to any reports required under s. 11.12 (8), 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.
Effective date note
NOTE: Par. (b) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(b) In addition to any reports required under s. 11.12 (8), a candidate or personal campaign committee of a candidate at an election other than a primary 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, groups or corporations 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. Individuals, committees, groups and corporations to which
s. 11.055 (1) applies shall pay the fee imposed under that subsection with their continuing reports filed in January of each year.
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.
Effective date note
NOTE: Sub. (7) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(7) Except as otherwise required under s. 11.21 (16), in the event that any report is required to be filed under this chapter 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:
Effective date note
NOTE: Sub. (8)(intro.) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(8) Reports filed under subs. (2), (4), and (4m) and s. 11.12 (8) 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.
Effective date note
NOTE: Par. (a) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(a) The 15th day preceding the primary or election in the case of the preprimary and preelection report under sub. (2).
11.20(8)(am)
(am) The Saturday preceding the due date under
sub. (2) in the case of a weekly preelection report under
s. 11.12 (8).
11.20(8)(b)
(b) December 31 in the case of the continuing report required by January 31.
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.
Effective date note
NOTE: Sub. (9) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(9) Except as provided in ss. 11.06 (2m) 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.
Effective date note
NOTE: Par. (a) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(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 3rd day before 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).
Effective date note
NOTE: Sub. (12) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(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. 11.06 (2m) 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.
11.20 Cross-reference
Cross Reference: See also s. ElBd 6.04, Wis. adm. code.
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). Forms for reports shall not be sent by the board to a registrant if the registrant is required to file reports with the board in an electronic format. 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.
Effective date note
NOTE: Sub. (2) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(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. 11.06 (2m) or to a registrant who has been granted a suspension under s. 11.19 (2). Forms for reports shall not be sent by the board to a registrant if the registrant is required to file reports with the board in an electronic format. 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.
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) Maintain a duplicate record 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) together with the record 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.
11.21(11)(b)
(b) Notwithstanding
sub. (5), make each report and statement transmitted to it under the federal election campaign act available for public inspection and copying during regular office hours, commencing as soon as practicable but not later than 48 hours from the time of receipt.
11.21(11)(c)
(c) Compile and maintain a current list of all reports and statements or parts thereof pertaining to each candidate who is required to file a report or statement under such act.
11.21(11)(d)
(d) 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.
11.21(12)
(12) Assign an identification number to each registrant for whom the board acts as a filing officer under
s. 11.02.
11.21(13)
(13) Determine whether each financial 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. The board shall immediately send to any registrant who is delinquent in filing, or who has filed otherwise than in the proper form, a notice that the registrant has failed to comply with this chapter. Whenever a candidate has appointed another person as campaign treasurer, the board shall send the notice to both persons.
