11.38(2)(b)
(b) This section does not prohibit the publication of periodicals by a corporation or a cooperative in the regular course of its affairs which advise the members, shareholders or subscribers of the disadvantages or advantages to their interests of the election to office of persons espousing certain measures, without reporting such activity.
11.38(2)(c)
(c) This section does not apply to any labor organization which is incorporated under
ch. 181 prior to January 1, 1978.
11.38(3)
(3) A violation of this section by an officer or employee of a corporation is prima facie evidence of a violation by the corporation.
11.38(4)
(4) Any corporation which violates this section shall forfeit double the amount of any penalty assessed under
s. 11.60 (3).
11.38(5)
(5) An action against a corporation pursuant to a violation of this section may be brought either in the circuit court for the county in which the registered office or principal place of business of the corporation is located, or in the circuit court for the county in which the violation is alleged to have occurred. The proceedings may be brought by the district attorney of either such county, by the attorney general or by the board.
11.38(6)
(6) Any individual or campaign treasurer who receives funds in violation of this section shall promptly return such funds to the contributor or donate the funds to the common school fund or a charitable organization, at the treasurer's option.
Effective date note
NOTE: Sub. (6) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(6) Any individual or campaign treasurer who receives funds in violation of this section shall promptly return such funds to the contributor, donate the funds to the common school fund or a charitable organization or transfer the funds to the board for deposit in the Wisconsin election campaign fund, at the treasurer's option.
11.38(7)
(7) This section may not be construed to authorize any national bank or any corporation organized by authority of any law of congress to make a contribution or expenditure as defined by federal law in connection with any election to state or local office which is prohibited by federal law.
11.38(8)(a)(a) A corporation or association organized under
ch. 185 which accepts contributions or makes disbursements for the purpose of influencing the outcome of a referendum is a political group and shall comply with
s. 11.23 and other applicable provisions of this chapter.
11.38(8)(b)
(b) Except as authorized in
s. 11.05 (12) (b) and
(13), prior to making any disbursement on behalf of a political group which is promoting or opposing a particular vote at a referendum and prior to accepting any contribution or making any disbursement to promote or oppose a particular vote at a referendum, a corporation or association organized under
ch. 185 shall register with the appropriate filing officer specified in
s. 11.02 and appoint a treasurer. The registration form of the corporation or association under
s. 11.05 shall designate an account separate from all other corporation or association accounts as a campaign depository account, through which all moneys received or expended for the adoption or rejection of the referendum shall pass. The corporation or association shall file periodic reports under
s. 11.20 providing the information required under
s. 11.06 (1).
Effective date note
NOTE: Par. (b) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(b) Except as authorized in s. 11.05 (12) (b) and (13), prior to making any disbursement on behalf of a political group which is promoting or opposing a particular vote at a referendum and prior to accepting any contribution or making any disbursement to promote or oppose a particular vote at a referendum, a corporation or association organized under ch. 185 shall register with the appropriate filing officer specified in s. 11.02 and appoint a treasurer. The registration form of the corporation or association under s. 11.05 shall designate an account separate from all other corporation or association accounts as a campaign depository account, through which all moneys received or expended for the adoption or rejection of the referendum shall pass. The corporation or association shall file reports under s. 11.20 and under s. 11.21 (16), if applicable, providing the information required under s. 11.06 (1).
11.38(8)(c)
(c) Expenditures by a corporation or association to establish and administer a campaign depository account of a political group need not be made through the depository account and need not be reported.
11.38 Cross-reference
Cross Reference: See also s. ElBd 6.04, Wis. adm. code.
11.38 Annotation
An individual illegally furnishing funds from a corporate account may be convicted under s. 11.24 (1). State v. Dreske,
88 Wis. 2d 60,
276 N.W.2d 324 (Ct. App. 1979).
11.38 Annotation
This section's prohibition against corporate political contributions and disbursements is broad and probably would bar, in most cases, purchases of advertising by a corporation in a political party publication. 65 Atty. Gen. 10.
11.385
11.385
Certain contributions prohibited. 11.385(1)
(1) In this section, "floorperiod" means a floorperiod of the legislature, as scheduled by joint resolution, for a regular legislative session.
11.385(2)
(2) Except as provided in
subs. (3) to
(5), no member of the legislature or personal campaign committee of a member may make or receive any contribution in conjunction with a fund-raising social event held in Dane County during a floorperiod or a special or extraordinary session if the event is held to benefit a member or member's personal campaign committee.
11.385(3)
(3) Subsection (2) does not apply to a contribution made or received in connection with a fund-raising social event that is held by a member of the legislature or his or her personal campaign committee during the period between the first day authorized for filing nomination papers for an office for which the member is a candidate and the date of the election for that office, if the event is held within the jurisdiction or district served by the office for which the member is a candidate.
11.385(4)
(4) Subsection (2) does not apply to a contribution made or received in connection with a fund-raising social event that is held by a member of the legislature or his or her personal campaign committee during the period between the first day authorized for filing nomination papers for any office other than member of the house of the legislature in which a member serves and the date of the election for that office.
11.385(5)
(5) Subsection (2) does not apply to a contribution made or received in connection with a fund-raising social event held during a special or extraordinary session by a member of the legislature or his or her personal campaign committee if the member serves a district that is wholly or partly contained within Dane County, the event is held within the boundaries of that district and invitations to the event are sent before the special or extraordinary session is called.
11.385 History
History: 2001 a. 109.
11.40
11.40
Special privileges from public utilities. 11.40(1)(a)
(a) "Public utility" means any corporation, company, individual or association which furnishes products or services to the public, and which is regulated under
ch. 195 or
196, including but not limited to, railroads, telecommunications or telegraph companies and any company furnishing or producing heat, light, power or water.
11.40(1)(b)
(b) "Special privilege" or "privilege" means anything of value not available to the general public. The term does not include compensation or fringe benefits provided as a result of employment by a public utility to regular employees or pensioners who are not compensated specifically for services performed for a political purpose, and not in excess of that provided to other regular employees or pensioners of like status.
11.40(2)
(2) No public utility or anyone connected therewith may offer or give any special privilege to any candidate for public office or any committee or its members or employees, or any individual under
s. 11.06 (7), or to any 3rd party at the request of or for the advantage of any of them.
11.40(3)
(3) No candidate for public office or any committee or member or employee thereof or any individual under
s. 11.06 (7) may ask for or accept any special privilege from any public utility.
11.40(4)
(4) This section does not apply to notaries public or to regular public utility employees or pensioners who are candidates for or hold public offices for which the annual compensation is not more than $300 so long as the privilege does not exceed those extended to other regular employees or pensioners of the utility.
11.50
11.50
Wisconsin election campaign fund. 11.50(1)
(1)
Definitions. For the purposes of this section:
11.50(1)(a)1.
1. With respect to a spring or general election, any individual who is certified under
s. 7.08 (2) (a) as a candidate in the spring election for justice or state superintendent, or an individual who receives at least 6% of the vote cast for all candidates on all ballots for any state office, except district attorney, for which the individual is a candidate at the September primary and who is certified under
s. 7.08 (2) (a) as a candidate for that office in the general election, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at the spring or general election; and who has qualified for a grant under
sub. (2).
11.50(1)(a)2.
2. With respect to a special election, an individual who is certified under
s. 8.50 (1) (d) as a candidate in a special election for state superintendent, or an individual who is certified under
s. 8.50 (1) (d) as a candidate in a special election for any state office, except district attorney, on the ballot or column of a party whose candidate for the same office at the preceding general election received at least 6% of the vote cast for all candidates on all ballots for the office, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at a special election, or an individual who receives at least 6% of the vote cast for all candidates on all ballots for any state office, except district attorney, at a partisan special election; and who qualifies for a grant under
sub. (2). Where the boundaries of a district in which an individual seeks office have been changed since the preceding general election such that it is not possible to calculate the exact number of votes that are needed by that individual to qualify as an eligible candidate prior to an election under this subdivision, the number of votes cast for all candidates for the office at the preceding general election in each ward, combination of wards or municipality which is wholly contained within the boundaries of the newly formed district shall be calculated. If the candidate of the political party on whose ballot or column the individual appears in the newly formed district obtained at least 6% of the number of votes calculated, the individual is deemed to qualify as an eligible candidate prior to the election under this subdivision.
Effective date note
NOTE: Par. (a) is affected eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(a) "Eligible candidate" means:
Effective date text
1. For purposes of qualification for a grant from the general account:
Effective date text
a. With respect to a spring or general election, any individual who is certified under s. 7.08 (2) (a) as a candidate in the spring election for justice or state superintendent, or an individual who receives at least 6% of the vote cast for all candidates on all ballots for any state office, except district attorney, for which the individual is a candidate at the September primary and who is certified under s. 7.08 (2) (a) as a candidate for that office in the general election, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at the spring or general election; and who has qualified for a grant under sub. (2).
Effective date text
b. With respect to a special election, an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for state superintendent, or an individual who is certified under s. 8.50 (1) (d) as a candidate in a special election for any state office, except district attorney, on the ballot or column of a party whose candidate for the same office at the preceding general election received at least 6% of the vote cast for all candidates on all ballots for the office, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at a special election, or an individual who receives at least 6% of the vote cast for all candidates on all ballots for any state office, except district attorney, at a partisan special election; and who qualifies for a grant under sub. (2). Where the boundaries of a district in which an individual seeks office have been changed since the preceding general election such that it is not possible to calculate the exact number of votes that are needed by that individual to qualify as an eligible candidate prior to an election, the number of votes cast for all candidates for the office at the preceding general election in each ward, combination of wards or municipality which is wholly contained within the boundaries of the newly formed district shall be calculated. If the candidate of the political party on whose ballot or column the individual appears in the newly formed district obtained at least 6% of the number of votes calculated, the individual is deemed to qualify as an eligible candidate prior to the election.
Effective date text
2m. For purposes of qualification for a grant from a political party account, an individual who is certified under s. 7.08 (2) (a) or 8.50 (1) (d) in the general election or a special election as the candidate of an eligible political party for a state office, other than district attorney, or an individual who has been lawfully appointed and certified to replace such an individual on the ballot at the general or a special election and who has qualified for a grant under sub. (2).
11.50(1)(am)
(am) "Eligible political party" means any of the following:
11.50(1)(am)1.
1. A party qualifying under
s. 5.62 (1) (b) for a separate ballot or one or more separate columns or rows on a ballot for the period beginning on the date of the preceding general election and ending on the day before the general election that follows that election.
11.50(1)(am)2.
2. A party qualifying under
s. 5.62 (2) for a separate ballot or one or more separate columns or rows on a ballot for the period beginning on the preceding June 1, or if that June 1 is in an odd-numbered year, the period beginning on June 1 of the preceding even-numbered year, and ending on May 31 of the 2nd year following that June 1.
11.50(1)(b)
(b) "Fund" means the Wisconsin election campaign fund.
11.50(1)(bm)
(bm) "General account" means the account in the fund created under
sub. (2w).
11.50(1)(c)
(c) "Grant" means a contribution received from the fund.
11.50(1)(cm)
(cm) "Political party account" means an account in the fund created under
sub. (2s).
11.50(1)(d)
(d) "Printing services" means printing, imprinting, lithographing, photolithographing, rotogravure, gravure, letterpress, mimeographing, stenciling, photostating, multilithing, multigraphing, steel die engraving, silkscreening or by any other means reproducing or manufacturing political advertisements or campaign devices of any kind, including but not limited to campaign literature, billboard advertising, special clothing, buttons, pens, stickers, banners and streamers, in support of or in opposition to any candidate, political party or referendum, whether or not a charge is assessed for the materials or services, except materials or services provided by a candidate or individual, committee or group subject to a filing requirement under this chapter.
11.50(2)
(2) Participation; application. 11.50(2)(a)(a) Any individual who desires to qualify as an eligible candidate may file an application with the board requesting approval to participate in the fund. The application shall be filed no later than the applicable deadline for filing nomination papers under
s. 8.10 (2) (a),
8.15 (1),
8.20 (8) (a) or
8.50 (3) (a), no later than 4:30 p.m. on the 7th day after the primary or date on which the primary would be held if required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in the case of candidates appointed to fill vacancies. The application shall contain a sworn statement that the candidate and his or her authorized agents have complied with the contribution limitations prescribed in
s. 11.26 and the disbursement limitations prescribed under
s. 11.31 at all times to which such limitations have applied to his or her candidacy and will continue to comply with the limitations at all times to which the limitations apply to his or her candidacy for the office in contest, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under
par. (h), or
par. (i) applies.
Effective date note
NOTE: Par. (a) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(a) Any individual who desires to qualify as an eligible candidate may file an application with the board requesting approval to participate in the fund. The application shall be filed no later than the applicable deadline for filing nomination papers under s. 8.10 (2) (a), 8.15 (1), 8.20 (8) (a) or 8.50 (3) (a), no later than 4:30 p.m. on the 7th day after the primary or date on which the primary would be held if required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in the case of candidates appointed to fill vacancies. The applicant shall provide, along with his or her application, an affidavit under s. 11.31 (2m) (a). The application shall also contain a sworn statement that, except as authorized in s. 11.26 (9m), if the candidate is able to receive the full amount of the grant, except any grant provided under sub. (4) (bg) or (br), to which the candidate is entitled under sub. (9), the candidate and his or her agents will not accept any contribution made by a committee other than a political party committee during the campaign, and that, except as provided in s. 11.29 (9m) any contributions accepted by the candidate from such a committee will not exceed that amount which, when added to the amount of the grant received by the candidate under sub. (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. In the statement, the candidate shall also swear that if any unauthorized contribution has been accepted, that the contribution has been or will be returned or donated as provided in par. (j), and the candidate and his or her agents will not accept any unauthorized contribution during the campaign.
11.50(2)(b)
(b) The board shall approve the application of an eligible candidate for participation if:
11.50(2)(b)3.
3. The candidate has an opponent who is certified for placement on the election ballot as a candidate for the same office;
Effective date note
NOTE: Subd. 3. is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
3. In the case of a candidate at the general election, the candidate has an opponent whose name is certified for placement on the election ballot as a candidate for the same office and who received at least 6% of the vote cast for all candidates on all ballots for that office at the September primary;
11.50(2)(b)4.
4. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that his or her statement filed with the application under
par. (a) is true; and
Effective date note
NOTE: Subd. 4. is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
4. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that his or her affidavit filed under s. 11.31 (2m) (a) is true;
11.50(2)(b)5.
5. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received at least the amount provided in this subdivision, from contributions of money, other than loans, made by individuals, which have been received during the period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding such date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days preceding such date or the date a special election is ordered, whichever is earlier, in the case of special election candidates, which contributions are in the aggregate amount of $100 or less, and which are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in
s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5% of the candidate's authorized disbursement limitation under
s. 11.31. For any other candidate at the general election, the required amount to qualify for a grant is 10% of the candidate's authorized disbursement limitation under
s. 11.31.
Effective date note
NOTE: Subd. 5. is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
5. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received an amount equal to at least the amount provided in this subdivision, from contributions of money, other than loans, made by individuals who reside in this state and, in the case of a candidate for legislative office, by individuals at least 45% of whom reside in a county having territory within the district in which the candidate seeks office, which contributions have been received during the period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding such date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days preceding such date or the date a special election is ordered, whichever is earlier, in the case of candidates at a special election, which contributions are in the aggregate amount of $100 or less, and which contributions are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5% of the applicable authorized disbursement limitation, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9). For any other candidate at the general election, the required amount to qualify for a grant is 6% of the applicable authorized disbursement limitation, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9); and
11.50(2)(b)6.
6. The application is not required to be disapproved under
par. (f).
11.50(2)(c)
(c) If a candidate has not filed financial reports as of the date of the spring primary, September primary, special primary, or date that the special primary would be held, if required, which indicate that he or she has met the qualification under
par. (b) 5., the candidate may file a special report with the board. Such report shall be filed not later than the 7th day after the primary, or 7th day after the date the primary would be held, if required, and shall include such supplementary information as to sources of contributions which may be necessary to complete the candidate's qualification. The special report shall cover the period from the day after the last date covered on the candidate's most recent report, or from the date on which the first contribution was received or the first disbursement was made, whichever is earlier, if the candidate has not previously filed a report, to the date of such report. All information included on the special report shall also be included in the candidate's next report under
s. 11.20.
Effective date note
NOTE: Par. (c) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(c) Any individual who desires to qualify as an eligible candidate shall file a special report with the board during the period beginning on the day after the primary, or the 7th day after the date on which the primary would be held, if required, and ending on the 7th day after the primary, or 7th day after the date on which the primary would be held, if required. The special report shall include all information that is required to be reported under s. 11.06 (1). The special report shall cover the period from the day after the last date covered on the candidate's most recent report, or from the date on which the first contribution was received or the first disbursement was made, whichever is earlier, if the candidate has not previously filed a report, to the date of the primary, or the date on which the primary would be held, if required. All information included on the special report shall also be included in the candidate's next report under s. 11.20.
11.50(2)(d)
(d) For purposes of qualification under
par. (b) 4. and
5., the financial reports of a former candidate are considered to be same as if filed by the candidate who is lawfully appointed to replace such candidate whenever a vacancy after nomination occurs.
11.50(2)(e)
(e) Whenever a candidate who files nomination papers is unopposed on the deadline for filing such papers but is later opposed by a write-in candidate who qualifies for ballot placement, the application deadline under
par. (a) is the same for the candidate who files nomination papers as for his or her opponent.
11.50(2)(f)
(f) The board shall inform each candidate in writing of the approval or disapproval of the candidate's application, as promptly as possible after the date of the spring primary, September primary, special primary, or date that the primary would be held, if required. With respect to a candidate at a special election who applies for a postelection grant under
sub. (1) (a) 2., the board shall inform the candidate in writing of the conditional approval or disapproval of the candidate's application at the same time.
Effective date note
NOTE: Par. (f) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(f) The board shall disapprove the application of any candidate who has a balance in his or her campaign depository account, as reported under par. (c), that is equal to or greater than 100% of the disbursement level specified under s. 11.31 (1), as adjusted under s. 11.31 (9), for the office that the candidate seeks, but without respect to any adjustment under s. 11.31 (3r). The board shall inform each candidate in writing of the approval or disapproval of the candidate's application, as promptly as possible after the date of the spring primary, September primary, special primary, or date that the primary would be held, if required. With respect to a candidate at a special election who applies for a postelection grant under sub. (1) (a) 1. b., the board shall inform the candidate in writing of the conditional approval or disapproval of the candidate's application at the same time.
11.50(2)(g)
(g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the contribution limitations prescribed in
s. 11.26 and the disbursement limitations imposed under
s. 11.31 as binding upon himself or herself and his or her agents during the campaign as defined in
s. 11.31 (7), as a precondition to receipt of a grant under this section, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws the application under
par. (h), or
par. (i) applies.
Effective date note
NOTE: Par. (g) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the contribution limitations prescribed in s. 11.26 and the disbursement limitations imposed under s. 11.31 (2), adjusted as provided under s. 11.31 (9), as binding upon himself or herself and his or her agents during the campaign as defined in s. 11.31 (7), as a precondition to receipt of a grant under this section, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws the application under par. (h), or par. (i) or s. 11.31 (3p) applies to the candidate.
11.50(2)(h)
(h) An eligible candidate who files an application under
par. (a) may file a written withdrawal of the application. A withdrawal of an application may be filed with the board no later than the 7th day after the day of the primary in which the person withdrawing the application is a candidate or the 7th day after the date that the primary would be held, if required. If an application is withdrawn in accordance with this paragraph, the person withdrawing the application is no longer bound by the statement filed under
par. (a) after the date of the withdrawal.
Effective date note
NOTE: Par. (h) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(h) An eligible candidate who files an application under par. (a) may file a written withdrawal of the application. A withdrawal of an application may be filed with the board no later than the 8th day before the day of the primary in which the person withdrawing the application is a candidate; or in the case of the spring election no later than the 8th day before the date that the primary would be held, if required; or in the case of a partisan special election for which no primary is held for any party nomination, no later than the 35th day before the election. If an application is withdrawn in accordance with this paragraph, the person withdrawing the application is no longer bound by the affidavit filed under s. 11.31 (2m) (a) after the date of the withdrawal.
