Effective date note
NOTE: Sub. (4) is repealed and recreated eff. 7-1-03 by
2001 Wis. Act 109 to read:
Effective date text
(4) Apportionment of moneys in general account. (a) After transfer of the amount specified by the board under sub. (2m), the board shall apportion the remaining moneys in the general account in the manner specified in this subsection.
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(b) Prior to payment of any grants at an election for a partisan state office, the board shall reserve an amount equal to the amount of the disbursement limitation under s. 11.31 (2), as adjusted under s. 11.31 (9) but without respect to any adjustment under s. 11.31 (3p), for the office sought by each eligible candidate other than a candidate who qualifies to receive a grant under sub. (2).
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(bg) If a report filed under s. 11.12 (8) indicates that a candidate for a partisan state office has made disbursements exceeding the amount specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), then upon application to the board by any eligible opposing candidate, other than a candidate who qualifies to receive a grant under sub. (2s) (c), the board shall make a supplemental grant from the reserve under par. (b) to the eligible opposing candidate in an amount equal to the lesser of the following:
Effective date text
1. The amount of the disbursement limitation specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), minus any contributions accepted by the candidate under s. 11.26 (9m) (a).
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2. The total amount by which the combined total of all such disbursements that exceeds the applicable amount specified under s. 11.31 (1) (a) to (d), (e), or (f), as adjusted under s. 11.31 (9), minus any contributions accepted by the candidate under s. 11.26 (9m) (a).
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(br) If a report filed under s. 11.12 (6) (am) or (c) indicates that disbursements have been made or are proposed to be made against an eligible candidate for a partisan state office, other than a candidate who qualifies to receive a grant under sub. (2s) (c), or in support of such a candidate's opponent, or that obligations have been incurred for such a purpose, and if the aggregate total of such disbursements, proposed disbursements, and obligations, less any disbursements made, or to be made, for the purpose of the payment of obligations that were previously reported, exceeds 5% of the amount specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), then upon application to the board by the candidate, the board shall make a supplemental grant from the reserve under par. (b) to that candidate in an amount equal to the lesser of the following:
Effective date text
1. The amount of the disbursement limitation specified under s. 11.31 (1) (a) to (d), (e), or (f) for the office that the candidate seeks, as adjusted under s. 11.31 (9), minus any contributions accepted by the candidate under s. 11.26 (9m) (b).
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2. The total amount by which the disbursements, proposed disbursements, and obligations exceed the applicable amount specified under s. 11.31 (1) (a) to (d), (e), or (f), as adjusted under s. 11.31 (9), minus any contributions accepted by the candidate under s. 11.26 (9m) (b), and the amount of any disbursements made, or to be made, for the purpose of the payment of obligations that were previously reported.
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(c) The state treasurer shall make payment of grants to eligible candidates at an election in the following sequence:
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1. First, the state treasurer shall make payment of grants to candidates for the office of justice in the amounts to which the candidates are entitled under sub. (9), and shall prorate those payments if insufficient moneys are available to make full payments to all candidates for the same office.
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2. Second, the state treasurer shall make payment of grants to candidates for partisan state offices other than candidates of eligible political parties.
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3. Third, the state treasurer shall make payment of the amount required to equalize payments of grants to all candidates for the same office who have received grants from a political party account, and shall prorate the payments of candidates who receive lower amounts from a political party account if insufficient moneys are available to fully equalize the amounts of grants received by all candidates for the same office.
Effective date text
4. Fourth, the state treasurer shall make payment of the remaining amount, if any, required to enable all eligible candidates to receive the full amount of the grant to which they are entitled under sub. (9), and shall prorate those payments if insufficient moneys are available to make full payments to all candidates for the same office.
Effective date text
5. Fifth, the state treasurer shall make payment of grants to candidates for the office of state superintendent in the amounts to which the candidates are entitled under sub. (9), and shall prorate those payments if insufficient moneys are available to make full payments to all candidates for the same office.
11.50(5)
(5) Time of disbursement. The state treasurer shall make the disbursements to the campaign depository account of each eligible candidate under
subs. (3) and
(4) by the end of the 3rd business day following notice from the board under
s. 7.08 (2) (c) or
(cm). Eligible candidates for governor and lieutenant governor of the same political party may combine accounts if desired.
Effective date note
NOTE: Sub. (5) is affected eff. 7-1-03 by
2001 Wis. Act 109 to read:
11.50 Note
(5) Time of disbursement. (a) The state treasurer shall make the disbursements of grants under sub. (4) to the campaign depository account of each eligible candidate and each eligible political party under sub. (2s) by the end of the 3rd business day following notice from the board under s. 7.08 (2) (c) or (cm).
11.50 Note
(b) Eligible candidates for governor and lieutenant governor of the same political party may combine accounts if desired.
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:
