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.
11.21(14)
(14) Prepare, publish and periodically 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.
11.21(15)
(15) Inform each candidate who files an application to become eligible to receive a grant from the Wisconsin election campaign fund of the dollar amount of the applicable disbursement limitation under
s. 11.31 which applies to the office for which such person is a candidate. Failure to receive the notice required by this subsection does not constitute a defense to a violation of
s. 11.27 (1) or
11.31.
Effective date note
NOTE: Sub. (15) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(15) Inform each candidate who files an application to become eligible to receive a grant from the Wisconsin election campaign fund of the dollar amount of the applicable disbursement limitation under s. 11.31 (1), adjusted as provided under s. 11.31 (9), which applies to the office for which such person is a candidate. Failure to receive the notice required by this subsection does not constitute a defense to a violation of s. 11.27 (1) or 11.31.
11.21(16)
(16) Require each registrant for whom the board serves as filing officer and who or which accepts contributions in a total amount or value of $20,000 or more during a campaign period to file each campaign finance report that is required to be filed under this chapter in an electronic format, and accept from any other registrant for whom the board serves as a filing officer any campaign finance report that is required to be filed under this chapter in an electronic format. A registrant who or which becomes subject to a requirement to file reports in an electronic format under this subsection shall initially file the registrant's report in an electronic format for the period which includes the date on which the registrant becomes subject to the requirement. To facilitate implementation of this subsection, the board shall specify, by rule, a type of software that is suitable for compliance with the electronic filing requirement under this subsection. The board shall provide copies of the software to registrants at a price fixed by the board that may not exceed cost. Each registrant who or which files a report under this subsection in an electronic format shall also file a copy of the report with the board that is recorded on a medium specified by the board. The copy shall be signed by an authorized individual and filed with the board by each registrant no later than the time prescribed for filing of the report under this chapter. The board shall provide complete instructions to any registrant who or which files a report under this subsection. In this subsection, the "campaign period" of a candidate, personal campaign committee or support committee begins and ends with the "campaign" of the candidate whose candidacy is supported, as defined in
s. 11.26 (17), and the "campaign period" of any other registrant begins on January 1 of each odd-numbered year and ends on December 31 of the following year.
Effective date note
NOTE: Sub. (16) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(16) Require each registrant for whom the board serves as filing officer and who or which accepts contributions in a total amount or value of $20,000 or more during a campaign period to file each campaign finance report that is required to be filed under this chapter in an electronic format, and accept from any other registrant for whom the board serves as a filing officer any campaign finance report that is required to be filed under this chapter in an electronic format. A registrant who or which becomes subject to a requirement to file reports in an electronic format under this subsection shall initially file the registrant's report in an electronic format for the period which includes the date on which the registrant becomes subject to the requirement or, if the registrant is required to report transactions within 24 hours of their occurrence, within 24 hours after the date on which the registrant becomes subject to the requirement. To facilitate implementation of this subsection, the board shall specify, by rule, a type of software that is suitable for compliance with the electronic filing requirement under this subsection. The board shall provide copies of the software to registrants at a price fixed by the board that may not exceed cost. Each registrant who or which files a report under this subsection in an electronic format shall also file a copy of the report with the board that is recorded on a medium specified by the board. The copy shall be signed by an authorized individual and filed with the board by each registrant no later than the time prescribed for filing of the report under this chapter. If a registrant is a committee, the copy shall be certified by an authorized individual and filed with the board by the registrant no later than 24 hours after the occurrence of any transaction that is reportable under s. 11.06 (1). If a registrant or other person becomes subject to a requirement to report electronically under this subsection, the registrant or other person shall continue to report electronically regardless of the amount of contributions accepted or expenditures made by the registrant or other person, until a termination report is filed. The board shall provide complete instructions to any registrant who or which files a report under this subsection. In this subsection, the "campaign period" of a candidate, personal campaign committee or support committee begins and ends with the "campaign" of the candidate whose candidacy is supported, as defined in s. 11.26 (17), and the "campaign period" of any other registrant begins on January 1 of each odd-numbered year and ends on December 31 of the following year. Section 990.001 (4) does not apply to the computation of time permitted for compliance with the filing requirements under this subsection.
11.21(17)
(17) Promulgate rules that require public access channel operators and licensees of public television stations in this state to provide a minimum amount of free time on public access channels and public television stations to individuals whose names are certified under
s. 7.08 (2) (a) or
8.50 (1) (d) to appear as candidates for state office on the ballot at general, spring, or special elections. The rules promulgated under this subsection shall require public access channel operators and licensees of public television stations to offer the same amount of time to each candidate for a particular state office, but may require different amounts of time to be offered to candidates for different offices.
11.21 Cross-reference
Cross Reference: See also s. ElBd 6.05, Wis. adm. code.
11.22
11.22
Duties of local filing officer. Each filing officer, other than the board, shall:
11.22(1)
(1) Obtain the forms and manuals prescribed by the board under
s. 11.21 (1),
(3) and
(14) and election laws provided by the board under
s. 7.08 (4). The officer shall furnish forms without charge to all persons who are required to file reports or statements with the officer, and shall furnish copies of manuals without charge, upon request, to all persons who are required to file reports or statements with the officer. The officer shall distribute copies of the election laws received from the board to election officials without charge. The officer shall furnish copies of manuals and election laws to other persons at cost.
11.22(2)
(2) Develop a filing, coding and cross-indexing system consonant with the purposes of this chapter.
11.22(3)
(3) 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 the filing requirements under this chapter is sent to a candidate's campaign treasurer, the filing officer 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. (3) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(3) 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). Whenever any notice of the filing requirements under this chapter is sent to a candidate's campaign treasurer, the filing officer 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.
11.22(4)
(4) Notify the district attorney, or the attorney general where appropriate under
ss. 11.60 (4) and
11.61 (2), in writing, of any facts within the filing officer's knowledge or evidence in the officer's possession, including errors or discrepancies in reports or statements and delinquencies in filing which may be grounds for civil action or criminal prosecution. The filing officer shall transmit a copy of such notification to the board. The district attorney or the attorney general shall advise the filing officer in writing at the end of each 30-day period of the status of such matter until the time of disposition. The district attorney or attorney general shall transmit a copy of each such notice to the board.
11.22(5)
(5) Make available a list of delinquents for public inspection.
11.22(6)
(6) Compile and maintain a current list of all reports and statements or parts thereof pertaining to each candidate, individual, committee or group.
11.22(8)
(8) Make the reports and statements filed with the filing officer 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.
11.22(9)
(9) 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 officer 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 filing officer shall send the notice to both persons.
11.22(10)
(10) 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.
11.23
11.23
Political groups and individuals; referendum questions. 11.23(1)(1) Any group or individual may promote or oppose a particular vote at any referendum in this state. Before making disbursements, receiving contributions or incurring obligations in excess of $25 in the aggregate in a calendar year for such purposes, the group or individual shall file a registration statement under
s. 11.05 (1),
(2) or
(2r). In the case of a group the name and mailing address of each of its officers shall be given in the statement. Every group and every individual under this section shall designate a campaign depository account under
s. 11.14. Every group shall appoint a treasurer, who may delegate authority but is jointly responsible for the actions of his or her authorized designee for purposes of civil liability under this chapter. The appropriate filing officer shall be notified by a group of any change in its treasurer within 10 days of the change under
s. 11.05 (5). The treasurer of a group shall certify the correctness of each statement or report submitted by it under this chapter.
Effective date note
NOTE: Sub. (1) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(1) Any group or individual may promote or oppose a particular vote at any referendum in this state. Before making disbursements, receiving contributions or incurring obligations in excess of $100 in the aggregate in a calendar year for such purposes, the group or individual shall file a registration statement under s. 11.05 (1) or (2). In the case of a group the name and mailing address of each of its officers shall be given in the statement. Every group and every individual under this section shall designate a campaign depository account under s. 11.14. Every group shall appoint a treasurer, who may delegate authority but is jointly responsible for the actions of his or her authorized designee for purposes of civil liability under this chapter. The appropriate filing officer shall be notified by a group of any change in its treasurer within 10 days of the change under s. 11.05 (5). The treasurer of a group shall certify the correctness of each statement or report submitted by it under this chapter.
11.23(2)
(2) Any anonymous contribution exceeding $10 received by an individual or group treasurer may not be used or expended. The contribution shall be donated to the common school fund or to any charitable organization at the option of the treasurer.
Effective date note
NOTE: Sub. (2) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(2) Any anonymous contribution exceeding $10 received by an individual or group treasurer may not be used or expended. The contribution shall be donated to the common school fund or to any charitable organization or transferred to the board for deposit in the Wisconsin election campaign fund, at the option of the treasurer.
11.23(3)
(3) All contributions, disbursements and incurred obligations exceeding $10 shall be recorded by the group treasurer or the individual. He or she shall maintain such records in an organized and legible manner, for not less than 3 years after the date of a referendum in which the group or individual participates. If a report is submitted under
s. 11.19 (1), the records may be transferred to a continuing group or to the appropriate filing officer for retention. Records shall include the information required under
s. 11.06 (1).
11.23(4)
(4) Each group or individual shall file periodic reports as provided in
ss. 11.06,
11.19 and
11.20. Every individual acting for the purpose of influencing the outcome of a referendum shall be deemed his or her own treasurer. No disbursement may be made or obligation incurred by or on behalf of a group without the authorization of the treasurer or the treasurer's designated agents. No contribution may be accepted and no disbursement may be made or obligation incurred by any group at a time when there is a vacancy in the office of treasurer.
11.23(5)
(5) If a group which operates as a political committee has filed a single registration statement, any report of that group which concerns activities being carried on as a political committee under this chapter shall contain a separate itemization of such activities, whenever itemization is required.
11.23(6)
(6) If any contribution or contributions of $500 or more cumulatively are received by a group or individual supporting or opposing the adoption of a referendum question from a single contributor later than 15 days prior to an election such that it is not included in the preprimary or preelection report submitted under
s. 11.20 (3), the treasurer of the group or the individual receiving the contribution shall within 24 hours of receipt inform the appropriate filing officer of the information required under
s. 11.06 (1) in such manner as the board may prescribe. The information shall also be included in the treasurer's or individual's next regular report. For purposes of the reporting requirement under this subsection, only contributions received during the period beginning with the day after the last date covered on the preelection report, and ending with the day before the election need be reported.
11.23 Cross-reference
Cross Reference: See also s. ElBd 6.04, Wis. adm. code.
11.23 Annotation
If narrowly construed to apply only to financial transactions directly related to express advocacy of a particular result in a referendum, this section is constitutional. 65 Atty. Gen. 145.
11.23 Annotation
A school board that informs the electorate of facts pertinent to the subject of a school district referendum need not register or file campaign financing reports under ch. 11. 68 Atty. Gen. 167.
11.23 Annotation
Limitations on contributions to committees formed to support or oppose referenda are discussed. Citizens Against Rent Control v. Berkeley,
454 U.S. 290 (1981).
11.24
11.24
Unlawful political contributions. 11.24(1)
(1) No person may, directly or indirectly, make any contribution other than from funds or property belonging to the contributor. No person may, directly or indirectly, furnish funds or property to another person for the purpose of making a contribution in other than the person's own name. No person may intentionally accept or receive any contribution made in violation of this subsection.
11.24(1w)(a)(a) Except as authorized under
s. 11.26 (9m), no candidate or personal campaign committee of a candidate who accepts a grant under
s. 11.50 may accept any contribution from a committee other than a political party committee if the full amount of the grant, except any grant authorized under
s. 11.50 (4) (bg) or
(br), to which the candidate is entitled under
s. 11.50 (9) is available to the candidate.
11.24(1w)(b)
(b) Except as authorized under
s. 11.26 (9m), if a candidate accepts a grant under
s. 11.50 and the full amount of the grant, except any grant authorized under
s. 11.50 (4) (bg) or
(br), to which the candidate is entitled under
s. 11.50 (9) is not available to the candidate, the candidate may not accept any contributions from committees other than political party committees exceeding that amount which, when added to the amount of the grant received under
s. 11.50 (9), equals the percentage specified in
s. 11.26 (9) (am) of the disbursement level specified in
s. 11.31 (1) (a) to
(de),
(e), or
(f), as adjusted under
s. 11.31 (9), for the office that the candidate seeks.
11.24(2)
(2) No person may intentionally accept or receive any contribution made in violation of this chapter.
Effective date note
NOTE: Sub. (2) is renumbered sub. (5) eff. 7-1-03 by
2001 Wis. Act 109.
11.24(4)(a)(a) No person may make a contribution to an incumbent partisan state elective official or to the personal campaign committee or support committee authorized under
s. 11.05 (3) (p) of that official for the purpose of promoting that official's nomination or reelection to the office held by the official during the period beginning on the first Monday of January in each odd-numbered year and ending on the date of enactment of the biennial budget act.
11.24(4)(b)
(b) Paragraph (a) does not apply to a contribution made to an incumbent partisan state elective official against whom a recall petition has been filed during the period beginning on the date that the petition offered for filing is filed under
s. 9.10 (3) (b) and ending on the date of the recall election unless the official resigns at an earlier date under
s. 9.10 (3) (c).
11.24(5)
(5) No person may intentionally accept or receive any contribution made in violation of this chapter.
