11.30(2)(i)
(i) No person may publish or disseminate, or cause to be published or disseminated any communication in violation of this subsection. A communications medium which in good faith relies on the representations of any person who places an advertisement with such medium as to the applicability of this subsection to such person does not violate this paragraph as a result of publication or dissemination of that advertisement based on such representations, provided that the representations are reasonable.
11.30(3)(a)(a) This subsection applies to the following persons who own any financial interest in a newspaper or periodical circulating in this state or in any radio or television station located in this state:
11.30(3)(a)1.
1. Every person occupying any office or position with an annual compensation over $300, under the constitution or laws of the United States or of this state or under an ordinance of any municipality of this state.
11.30(3)(a)2.
2. Every candidate or member of any committee or group under this chapter.
11.30(3)(b)
(b) Any person named in
par. (a) is guilty of a violation of this chapter unless, before using the communications medium for political purposes other than as provided for in
sub. (2), there is filed with the board a verified declaration specifically stating the communications medium in which the person has financial interest or over which the person has control and the exact nature and extent of the interest or control.
11.30(4)
(4) No owner or other person with a financial interest in a communications medium may utilize such medium in support of or in opposition to a candidate or referendum except as provided in this chapter. This chapter shall not be construed to restrict fair coverage of bona fide news stories, interviews with candidates and other politically active individuals, editorial comment or endorsement. Such activities need not be reported as a contribution or disbursement.
11.30(5)
(5) Whenever any person receives payment from another person, in cash or in-kind, for the direct or indirect cost of conducting a poll concerning support or opposition to a candidate, political party or referendum, the person conducting the poll shall, upon request of any person who is polled, disclose the name and address of the person making payment for the poll and, in the case of a registrant under
s. 11.05, the name of the treasurer of the person making payment.
11.31
11.31
Disbursement levels and limitations; calculation. 11.31(1)(1)
Schedule. The following levels of disbursements are established with reference to the candidates listed below. Except as provided in
sub. (2), such levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.
Effective date note
NOTE: Sub. (1)(intro.) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(1) Schedule. The following levels of disbursements are established with reference to the candidates listed below. The levels are subject to adjustment under sub. (9). Except as provided in sub. (2), such levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.
Effective date note
NOTE: Par. (a) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(a) Candidates for governor, $2,000,000.
11.31(1)(b)
(b) Candidates for lieutenant governor, $323,475.
Effective date note
NOTE: Par. (b) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(b) Candidates for lieutenant governor, $500,000.
11.31(1)(c)
(c) Candidates for attorney general, $539,000.
Effective date note
NOTE: Par. (c) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(c) Candidates for attorney general, $700,000.
11.31(1)(d)
(d) Candidates for secretary of state, state treasurer, justice or state superintendent, $215,625.
Effective date note
NOTE: Par. (d) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(d) Candidates for secretary of state, state treasurer or state superintendent, $250,000.
11.31(1)(dm)
(dm) Candidates for court of appeals judge, $86,250.
11.31(1)(e)
(e) Candidates for state senator, $34,500 total in the primary and election, with disbursements not exceeding $21,575 for either the primary or the election.
Effective date note
NOTE: Par. (e) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(e) Candidates for state senator, $100,000 total in the primary and election, with disbursements not exceeding $72,000 for either the primary or the election.
11.31(1)(f)
(f) Candidates for representative to the assembly, $17,250 total in the primary and election, with disbursements not exceeding $10,775 for either the primary or the election.
Effective date note
NOTE: Par. (f) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(f) Candidates for representative to the assembly, $50,000 total in the primary and election, with disbursements not exceeding $36,000 for either the primary or the election.
11.31(1)(fs)
(fs) Candidates for district attorney in any prosecutorial unit with a population of 500,000 or less, $86,250.
11.31(1)(g)
(g) In any jurisdiction or district, other than a judicial district or circuit, with a population of 500,000 or more according to the most recent federal census covering the entire jurisdiction or district:
11.31(1)(g)2.
2. Candidates for any countywide elective office not specified in
par. (dm) or
(fm) or
subd. 1., $107,825.
11.31(1)(g)3.
3. For the following offices in cities of the 1st class:
11.31(1)(h)
(h) Candidates for any local office, who are elected from a jurisdiction or district with less than 500,000 inhabitants according to the latest federal census or census information on which the district is based, as certified by the appropriate filing officer, an amount equal to the greater of the following:
11.31(1)(h)2.
2. 53.91% of the annual salary for the office sought, rounded to the nearest multiple of $25.
11.31(1)(h)3.
3. 32.35 cents per inhabitant of the jurisdiction or district, but in no event more than $43,125.
11.31(2)
(2) Limitation imposed. No candidate for state office at a spring or general election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from the campaign treasury in any campaign to the extent of more than the amount prescribed in
sub. (1), unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under
s. 11.50 (2) (h), or
s. 11.50 (2) (i) applies. No candidate for state office at a special election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from the campaign treasury in any campaign to the extent of more than the amount prescribed under
sub. (1) for the preceding spring or general election for the same office, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under
s. 11.50 (2) (h), or
s. 11.50 (2) (i) applies.
Effective date note
NOTE: Sub. (2) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(2) Limitation imposed. No candidate for state office at a spring or general election who files an application to receive a grant from the Wisconsin election campaign fund and an affidavit under sub. (2m) (a) may make or authorize total disbursements from his or her campaign treasury in any campaign to the extent of more than the amount prescribed in sub. (1), adjusted as provided under sub. (9), unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) or sub. (3p) applies to that candidate. No candidate for state office at a special election who files an application to receive a grant from the Wisconsin election campaign fund and an affidavit under sub. (2m) (a) may make or authorize total disbursements from his or her campaign treasury in any campaign to the extent of more than the amount prescribed under sub. (1), adjusted as provided under sub. (9), for the preceding spring or general election for the same office, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) or sub. (3p) applies to that candidate.
11.31(2m)
(2m) Voluntary limitation. Any candidate to whom
sub. (2) and
s. 11.26 (10) do not apply may file an affidavit with his or her filing officer affirming that he or she has adhered and will adhere to the limitations imposed under
sub. (2) and
s. 11.26 during the entire campaign. These limitations apply unless the candidate withdraws the affidavit by notifying his or her filing officer in writing no later than the 7th day after the date of the primary in which the person filing the affidavit is a candidate, or the 7th day after the date that the primary would be held, if no primary is required.
Effective date note
NOTE: Sub. (2m) is affected eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(2m) Affidavit of adherence to limitations. (a) Each candidate who files an application to receive a grant from the Wisconsin election campaign fund shall file an affidavit with the board affirming that the candidate, and his or her authorized agents, have complied with the limitations imposed under sub. (2) and s. 11.26 at all times during which the limitations have applied to his or her candidacy and will continue to comply with the limitations at all times during which the limitations apply to his or her candidacy, unless the board determines that the candidate is not eligible to receive a grant from the fund, the candidate withdraws his or her application for a grant under s. 11.50 (2) (h), or s. 11.50 (2) (i) or sub. (3p) applies to that candidate.
Effective date text
(b) Any candidate to whom sub. (2) and s. 11.26 (10) do not apply may file an affidavit with his or her filing officer affirming that he or she has adhered and will adhere to the limitations imposed under sub. (2) and s. 11.26 (10) during the entire campaign. These limitations apply unless the candidate withdraws the affidavit by notifying his or her filing officer in writing no later than the 7th day after the date of the primary in which the person filing the affidavit is a candidate, or the 7th day after the date that the primary would be held, if no primary is required.
11.31(3)
(3) Gubernatorial campaigns. For purposes of compliance with the limitations imposed under
sub. (2), candidates for governor and lieutenant governor of the same political party who both accept grants from the Wisconsin election campaign fund may agree to combine disbursement levels under
sub. (1) (a) and
(b) and reallocate the total level between them. The candidates shall each inform the board of any such agreement.
Effective date note
NOTE: Sub. (3) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(3) Gubernatorial campaigns. For purposes of compliance with the limitations imposed under sub. (2), candidates for governor and lieutenant governor of the same political party who both accept grants from the Wisconsin election campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b), adjusted as provided under sub. (9), and reallocate the total level between them. The candidates shall each inform the board of any such agreement.
11.31(3m)
(3m) Unopposed candidates; exception. Notwithstanding
subs. (1) and
(2), if all candidates for state senator or representative to the assembly in a legislative district who are certified under
s. 7.08 (2) (a) to appear on the September primary ballot of all parties recognized under
s. 5.62 (1) (b) or
(2) have no opponent who is certified to appear on the same primary ballot, or if no primary is required for all candidates of parties recognized under
s. 5.62 (1) (b) or
(2) for state senator or representative to the assembly in a legislative district who are certified under
s. 8.50 (1) (d) to appear on a special partisan election ballot, then the separate limitation specified in
sub. (1) for disbursements during the primary and election period does not apply to candidates for that office in that primary and election, and the candidates are bound only by the total limitations specified for the primary and election.
11.31(3p)
(3p) Candidates receiving additional moneys; exception. If a candidate receives a contribution described in
s. 11.26 (9) (a) 1. to
3., a contribution authorized under
s. 11.26 (9m), or a grant under
s. 11.50 (4) (bg) or
(br), the disbursement limitation of that candidate for the campaign in which the contribution or grant is received is increased by the amount of that contribution or grant.
11.31(4)
(4) Allocation. Except as provided in
sub. (3m), whenever a separate disbursement level is specified for a primary and election under
sub. (1), a candidate who disburses less than the authorized level in the primary may not reallocate the balance to increase the level in the election. Whenever a separate disbursement level is not specified for a primary and election under
sub. (1), a candidate may allocate disbursements between the primary and election campaign within the total level of disbursements specified in
sub. (1) in any proportion desired, and may carry over unexpended contributions from a primary campaign to an election campaign.
11.31(5)
(5) Separation of periods. A disbursement is made for the purposes of the election under this section when a person or committee contracts for goods to be delivered or services to be performed after the date of the primary, regardless of the time at which the contract is entered into by the contracting person or committee.
11.31(6)(a)(a) In computing the limitations under this section an individual or campaign treasurer may exclude any of the following:
11.31(6)(a)6.
6. Reimbursement made to a candidate for the candidate's travel expenses.
11.31(6)(a)7.
7. The gross receipts from the sale at an auction of any materials contributed to a candidate and reported by the candidate as a disbursement at the time the contribution is made.
11.31(6)(a)9.
9. The cost of services and materials purchased from a service provider for the purpose of compliance with the electronic filing requirement under
s. 11.21 (16).
11.31(6)(a)10.
10. The cost of facilities rental, entertainment expense, food and beverages, including the preparation and service thereof if contracted to an outside agency, if utilized for a meal, sale, rally or similar fund raising effort or program that is intended for political purposes.
11.31(6)(b)
(b) Any exclusion claimed under
par. (a) shall be reported to the appropriate filing officer in the form that the board requires.
11.31(7)(a)(a) For purposes of this section, the "campaign" of a candidate extends from July 1 preceding the date on which the spring primary or election occurs or January 1 preceding the date on which the September primary or general election occurs for the office which the candidate seeks, or from the date of the candidate's public announcement, whichever is earlier, through the last day of the month following the month in which the election or primary is held.
11.31(7)(b)
(b) Disbursements which are made before a campaign period for goods to be delivered or services to be rendered in connection with the campaign are charged against the disbursement limitation for that campaign.
11.31(7)(c)
(c) Disbursements which are made after a campaign to retire a debt incurred in relation to a campaign are charged against the disbursement limitation for that campaign.
11.31(7)(d)
(d) Disbursements which are made outside a campaign period and to which
par. (b) or
(c) does not apply are not subject to any disbursement limitation. Such disbursements are subject to
s. 11.25 (2).
11.31(8)
(8) Certain contributions excluded. The limitations imposed under this section do not apply to a gift of anything of value constituting a contribution made directly to a registrant by another, but the limitations shall apply to such gift when it is received and accepted by the recipient or if received in the form of money, when disbursed.
11.31(9)
(9) Adjustment of disbursement levels. 11.31(9)(a)(a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.
11.31(9)(b)
(b) The dollar amounts of the limitations under
sub. (1) are subject to a biennial adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall, in each year that the adjustment is made, calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for calendar year 2003. Beginning in 2006 and every 2 years thereafter, the board shall multiply the amount of each limitation under
sub. (1) by the percentage difference in the consumer price indexes. The board shall then add that product to the applicable limitation under
sub. (1), round each sum to the nearest multiple of $5, and adjust the amount of each limitation to substitute the resulting amount. The amount so determined shall then be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding
s. 227.24 (1) (a),
(2) (b), and
(3), determinations under this subsection may be promulgated as an emergency rule under
s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare and without a finding of emergency.
