11.50(6)
(6) Excess moneys. If the amounts which are to be apportioned to each eligible candidate under
subs. (3) and
(4) are more than the amount which a candidate may accept under
sub. (9), or more than the amount which a candidate elects to accept under
sub. (10), the excess moneys shall be retained in the fund.
Effective date note
NOTE: Sub. (6) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(6) Excess moneys. If the amounts which are to be apportioned to each eligible candidate are more than the amount which a candidate may accept under sub. (9), the excess moneys shall be retained in the fund.
11.50(7)
(7) Utilization. Grants distributed under this section may be utilized only for deposit in a campaign depository account under
s. 11.10. Grants may be expended only for one or more of the following:
Effective date note
NOTE: Sub. (7)(intro.) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(7) Utilization. Grants distributed under this section and contributions received from a political party under sub. (2s) (f) may be utilized only for deposit in a campaign depository account under s. 11.10. Grants and contributions received from a political party under sub. (2s) (f) may be expended only for one or more of the following:
11.50(7)(a)
(a) Purchase of services from a communications medium.
11.50(7)(b)
(b) Printing, graphic arts or advertising services.
11.50(8)
(8) Lapsing grants. All grants disbursed under
sub. (5) remain the property of the state until disbursed or encumbered for a lawful purpose. All grant moneys that are unspent and unencumbered by a candidate on the day after the election in which the candidate participates shall revert to the state. All deposits and refunds derived from grant moneys that are received by a candidate at any time after the day of the election in which the candidate participates shall revert to the state. All reversions shall be returned to the board by the candidate and shall be deposited in the fund.
Effective date note
NOTE: Sub. (8) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(8) Lapsing grants. All grants disbursed to eligible candidates under sub. (5) remain the property of the state until disbursed or encumbered for a lawful purpose. All grant moneys received by an eligible candidate that are unspent and unencumbered by a candidate on the day after the election in which the candidate participates shall revert to the state. All deposits and refunds derived from grant moneys received by an eligible candidate that are received at any time after the day of the election in which the candidate participates shall revert to the state. All reversions shall be returned to the board by the candidate and shall be deposited in the fund.
11.50(9)
(9) Limitation on grants. The total grant available to an eligible candidate may not exceed that amount which, when added to all other contributions accepted from sources other than individuals, political party committees and legislative campaign committees, is equal to 45% of the disbursement level specified for the applicable office under
s. 11.31. The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under
ss. 11.26 (9) and
11.31 are not exceeded and any violation is reported. No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.
11.50 Note
(9) Limitation on grants. (a) Except as provided in sub. (4) (bg) and (br), the total grant available to an eligible candidate for the office of governor may not exceed that amount which, when added to all other contributions accepted from sources other than individuals and political party committees, is equal to 35% of the disbursement level specified for the office that the candidate seeks, as determined under s. 11.31 (1) and adjusted as provided under s. 11.31 (9).
11.50 Note
(b) Except as provided in sub. (4) (bg) and (br), the total grant available to an eligible candidate for any other state office may not exceed that amount which, when added to all other contributions accepted from sources other than individuals and political party committees, is equal to 40% of the disbursement level specified for the office that the candidate seeks, as determined under s. 11.31 (1) and adjusted under s. 11.31 (9).
11.50 Note
(c) The board shall scrutinize accounts and reports and records kept under this chapter to assure that applicable limitations under ss. 11.26 (9) and 11.31 are not exceeded and any violation is reported.
11.50 Note
(d) No candidate or campaign treasurer may accept grants exceeding the amount authorized by this subsection.
11.50(10)
(10) Voluntary limitation. Any eligible candidate may by written request limit his or her participation in the fund to a lesser amount than that authorized under
sub. (9).
11.50(10m)
(10m) Return of grants. An individual who receives a grant prior to an election in which he or she is a candidate and who desires to return any portion of the grant shall return that portion no later than the 2nd Tuesday in October preceding a general election, the 4th Tuesday preceding a spring election or the 3rd Tuesday preceding a special election. A candidate who returns all or any portion of a grant under this subsection remains bound by the candidate's statement filed under
sub. (2) (a).
Effective date note
NOTE: Sub. (10m) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(10m) Return of grants. An individual who receives a grant prior to an election in which he or she is a candidate and who desires to return any portion of the grant shall return that portion no later than the 2nd Tuesday in October preceding a general election, the 4th Tuesday preceding a spring election or the 3rd Tuesday preceding a special election. A candidate who returns all or any portion of a grant under this subsection remains bound by the candidate's affidavit filed under s. 11.31 (2m) (a) and the candidate's statement filed under sub. (2) (a).
11.50(11)(b)
(b) No person may expend, authorize the expenditure of or incur any obligation to expend a grant for any purpose other than to advance the candidacy by lawful means of the specific candidate or candidates who qualify for the grant.
11.50(11)(c)
(c) No person may expend, authorize the expenditure of or incur any obligation to expend a grant except for a purpose authorized by
sub. (7).
11.50(11)(d)
(d) No person may expend, authorize the expenditure of or incur any obligation to expend a grant or other contribution after the date of any election where the moneys contained in such contribution are returnable to the state under
sub. (8).
11.50(11)(e)
(e) No candidate may expend, authorize the expenditure of or incur any obligation to expend any grant if he or she violates the pledge required under
sub. (2) (a) as a precondition to receipt of a grant, except as authorized in
sub. (2) (h) or
(i).
Effective date note
NOTE: Par. (e) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(e) No candidate may expend, authorize the expenditure of or incur any obligation to expend any grant if he or she violates the pledge in the affidavit required under sub. (2) (a) as a precondition to receipt of a grant.
11.50(11)(f)
(f) No person may prepare or transmit to a registrant under this chapter or to the board any evidence which purports to demonstrate the amount or purpose for which a grant has been used if such evidence specifies an amount or purpose for which a payment is received other than the true amount or purpose.
11.50(11)(g)
(g) If any person violates
pars. (a) to
(f), such person shall be liable to the state in a civil action brought by the board for conversion, for treble the amount of the moneys wrongfully expended, and in addition is subject to penalties as provided in
ss. 11.60 and
11.61.
11.50(12)
(12) Proof of payment. No later than the next due date for continuing reports under
s. 11.20 (4) which occurs at least 30 days after an election in which a candidate receives a grant, or no later than 30 days after each special election in which a candidate receives a grant, whichever is earlier, the candidate or his or her campaign treasurer shall deliver or transmit to the board by 1st class mail, sufficient proof of payment for all disbursements made from grants distributed under this section. This subsection does not restrict the authority of the board to audit records under
ss. 5.05 (2) and
13.94 (1) (k).
11.50(13)
(13) Donations to fund. Any committee or other person may make an unrestricted contribution to the fund by gift, bequest or devise.
11.50(14)
(14) Certifications to secretary of revenue. 11.50(14)(a)(a) No later than July 1 of each year, the board shall certify to the secretary of revenue:
11.50(14)(a)1.
1. The name of each political party that qualifies under
sub. (1) (am) 2. as an eligible political party as of the preceding June 1 and whose state chairperson has filed a request to establish an account for the party under
sub. (2s) (a).
11.50(14)(a)2.
2. The name of each political party that qualifies under
sub. (1) (am) 1. as an eligible political party as of the date of the preceding general election.
11.50(14)(b)
(b) In each certification under this subsection, the board shall specify the expiration date of the certification.
11.50 Cross-reference
Cross Reference: See also s. ElBd 6.04, Wis. adm. code.
11.50 Annotation
This section's limits on primary election campaign expenditures are constitutional. 67 Atty. Gen. 321.
11.60
11.60
Civil penalties. 11.60(1)(1) Any person, including any committee or group, who violates this chapter may be required to forfeit not more than $500 for each violation.
11.60(2)
(2) In addition to the penalty under
sub. (1), any person, including any committee or group, who is delinquent in filing a report required by this chapter may be required to forfeit not more than $50 or one percent of the annual salary of the office for which the candidate is being supported or opposed, whichever is greater, for each day of delinquency.
11.60(3)
(3) Notwithstanding
sub. (1), any person, including any committee or group, who makes any contribution in violation of this chapter may be required to forfeit treble the amount of the contribution or portion thereof which is illegally contributed.
11.60(3g)
(3g) Notwithstanding
sub. (1), any person, including any committee or group, who violates
s. 11.21 (5) or
11.22 (8) shall forfeit $10 for each person who is solicited, but not more than $1,000 for each report from which persons are solicited, in violation of
s. 11.21 (5) or
11.22 (8).
11.60(3m)
(3m) Notwithstanding
sub. (1), any person, including any committee, group or corporation, who is subject to a requirement to pay a filing fee under
s. 11.055 and who fails to pay that fee within the time prescribed in that section shall forfeit $500 plus treble the amount of the fee payable by that person.
11.60(3r)
(3r) Notwithstanding
sub. (1), any committee who violates
s. 11.12 (6) (am) or
(c) may be required to forfeit not more than $500 for each day of continued violation. If an amount of a disbursement or obligation reported under
s. 11.12 (6) (am) or
(c) varies from the actual amount of the disbursement or obligation by greater than 5%, the committee filing the report shall also be required to forfeit the total amount of the actual disbursement or obligation.
11.60(4)
(4) Actions under this section arising out of an election for state office or a statewide referendum may be brought by the board or by the district attorney of the county where the violation is alleged to have occurred, except as specified in
s. 11.38. Actions under this section arising out of an election for local office or a local referendum may be brought by the district attorney of the county where the violation is alleged to have occurred. Actions under this section arising out of an election for county office or a county referendum may be brought by the county board of election commissioners of the county wherein the violation is alleged to have occurred. If a violation concerns a district attorney or circuit judge or candidate for such offices, the action shall be brought by the attorney general. If a violation concerns the attorney general or a candidate for such office, the governor may appoint special counsel under
s. 14.11 (2) to bring suit in behalf of the state. The counsel shall be independent of the attorney general and need not be a state employee at the time of appointment.
Effective date note
NOTE: Sub. (4) is amended eff. 7-1-03 to read as follows The bracketed language was deleted by
2001 Wis. Act 109 without being stricken. The deletion was unintended. Corrective legislation is pending.
Effective date text
(4) Actions under this section arising out of an election for state office or a statewide referendum may be brought by the board or by the district attorney of the county where the violation is alleged to have occurred, except as specified in s. 11.38. Actions under this section arising out of an election for local office or [a] local referendum may be brought by the district attorney of the county where the violation is alleged to have occurred. Actions under this section arising out of an election for county office or a county referendum may be brought by the county board of election commissioners of the county wherein the violation is alleged to have occurred. In addition, whenever a candidate or personal campaign committee or agent of a candidate is alleged to have violated this chapter, action may be brought by the district attorney of any county any part of which is contained within the jurisdiction or district in which the candidate seeks election. If a violation concerns a district attorney or circuit judge or candidate for such offices, the action shall be brought by the attorney general. If a violation concerns the attorney general or a candidate for such office, the governor may appoint special counsel under s. 14.11 (2) to bring suit in behalf of the state. The counsel shall be independent of the attorney general and need not be a state employee at the time of appointment.
11.60(5)
(5) Any elector may file a verified petition with the board, the county board of election commissioners or the appropriate district attorney or with more than one of them where their authority is concurrent under
sub. (4), requesting that civil action under this chapter be brought against any person, committee or group. The petition shall allege such facts as are within the knowledge of the petitioner to show probable cause that a violation of this chapter has occurred.
11.60 Cross-reference
Cross Reference: See also ch. ElBd 7, Wis. adm. code.
11.60 Annotation
This is a civil penalty section even though some violations of it involve intent. State v. Dreske,
88 Wis. 2d 60,
276 N.W.2d 324 (Ct. App. 1979).
11.60 Annotation
In a forfeiture action against a committee, assets of the committee, but not of its members, are reachable. Elections Board v. Ward,
105 Wis. 2d 543,
314 N.W.2d 120 (1982).
11.61
11.61
Criminal penalties; prosecution. Effective date note
NOTE: Par. (a) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(a) Whoever intentionally violates s. 11.05 (1), (2), (2g) or (2r), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6) or 11.24 (1) may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.
Effective date note
NOTE: Par. (a) is amended eff. 7-1-03 by
2001 Wis. Act 109 to read:
11.61 Note
(a) Whoever intentionally violates s. 11.05 (1), (2), or (2g), 11.07 (1) or (5), 11.10 (1), 11.12 (5), 11.23 (6), or 11.24 (1) is guilty of a Class I felony.
11.61(1)(b)
(b) Whoever intentionally violates
s. 11.25,
11.26,
11.27 (1),
11.30 (1) or
11.38 is guilty of a Class I felony if the intentional violation does not involve a specific figure or if the intentional violation concerns a figure which exceeds $100 in amount or value.
Effective date note
NOTE: Par. (b) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
11.61 Note
(b) Whoever intentionally violates s. 11.25, 11.26, 11.27 (1), 11.30 (1) or 11.38 where the intentional violation does not involve a specific figure, or where the intentional violation concerns a figure which exceeds $100 in amount or value may be fined not more than $10,000 or imprisoned for not more than 4 years and 6 months or both.
11.61(1)(c)
(c) Whoever intentionally violates any provision of this chapter other than those provided in
par. (a) and whoever intentionally violates any provision under
par. (b) where the intentional violation concerns a specific figure which does not exceed $100 in amount or value may be fined not more than $1,000 or imprisoned not more than 6 months or both.
11.61(2)
(2) Except as provided in
s. 11.38 (5), all prosecutions under this section shall be conducted by the district attorney of the county where the violation is alleged to have occurred. If the district attorney refuses to act upon a sworn complaint, or fails to act upon such a complaint within 60 days of the date on which the complaint is received, the attorney general may then conduct the prosecution under this section. If a violation concerns a district attorney or circuit judge or candidate for such offices, the prosecution shall be conducted by the attorney general. If a violation concerns the attorney general or a candidate for such office, the governor may appoint a special prosecutor under
s. 14.11 (2) to conduct the prosecution in behalf of the state. The prosecutor shall be independent of the attorney general and need not be a state employee at the time of appointment.
11.61(3)(a)(a) If a successful candidate for public office, other than a candidate for the legislature, is adjudged guilty in a criminal action of any violation of this chapter under
sub. (1) (a) or
(b), or of any violation of
ch. 12 under
s. 12.60 (1) (a) committed during his or her candidacy, the court shall after entering judgment enter a supplemental judgment declaring a forfeiture of the candidate's right to office. The supplemental judgment shall be transmitted to the officer or agency authorized to issue the certificate of nomination or election to the office for which the person convicted is a candidate. If the candidate's term has not yet begun, the candidate shall not thereafter succeed to office. If the candidate's term has begun, the office shall become vacant. The office shall then be filled in the manner provided by law.
11.61(3)(b)
(b) If a successful candidate for the legislature is adjudged guilty in a criminal action of any violation of this chapter under
sub. (1) (a) or
(b), or of any violation of
ch. 12 under
s. 12.60 (1) (a) committed during his or her candidacy, the court shall after entering judgment certify its findings to the presiding officer of the house of the legislature to which the candidate was elected.
11.61 Annotation
Sub. (1) (a) does not require the state to prove that the defendant had actual knowledge of the violated statute. State v. Dreske,
88 Wis. 2d 60,
276 N.W.2d 324 (Ct. App. 1979).
11.64
11.64
Defense fund authorized. 11.64(1)
(1) Any candidate or public official who is being investigated for, charged with or convicted of a criminal violation of this chapter or
ch. 12, or whose agent is so investigated, charged or convicted, may establish a defense fund for expenditures supporting or defending the candidate or agent, or any dependent of the candidate or agent, while that person is being investigated for, or while the person is charged with or convicted of a criminal violation of this chapter or
ch. 12.
11.64(2)
(2) No person may utilize a contribution received from a contributor to a campaign fund for a purpose for which a defense fund is authorized under
sub. (1) unless the authorization of the contributor is obtained. Notwithstanding
s. 11.25 (2) (a), any contributor may authorize the transfer of all or part of a contribution from a campaign fund to a defense fund.
11.66
11.66
Elector may compel compliance. Any elector may sue for injunctive relief to compel compliance with this chapter. Before commencing any action concerning a state office or statewide referendum, an elector shall file a verified complaint with the board alleging such facts as are within his or her knowledge to show probable cause to believe that a violation has occurred or is proposed to occur. If the board fails to commence an action within 10 days of the filing of the complaint, the elector may commence an action. Separate from any other bond which may be required by the court, the elector may be required to post a surety bond in an amount determined by the court sufficient to cover the actual costs, including reasonable attorney fees, of both parties. If the elector's action is not successful, he or she shall pay the costs of the action.
11.66 Cross-reference
Cross Reference: See also ss. ElBd 6.04 and 10.04, Wis. adm. code.
