11.24(2)
(2) No person may intentionally accept or receive any contribution made in violation of this chapter.
Effective date note
NOTE: Sub. (2) is renumbered sub. (5) eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
11.24(4)(a)(a) No person may make a contribution to an incumbent partisan state elective official or to the personal campaign committee or support committee authorized under
s. 11.05 (3) (p) of that official for the purpose of promoting that official's nomination or reelection to the office held by the official during the period beginning on the first Monday of January in each odd-numbered year and ending on the date of enactment of the biennial budget act.
11.24(4)(b)
(b) Paragraph (a) does not apply to a contribution made to an incumbent partisan state elective official against whom a recall petition has been filed during the period beginning on the date that the petition offered for filing is filed under
s. 9.10 (3) (b) and ending on the date of the recall election unless the official resigns at an earlier date under
s. 9.10 (3) (c).
Effective date note
NOTE: Sub. (4) was created eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
11.24(5)
(5) No person may intentionally accept or receive any contribution made in violation of this chapter.
Effective date note
NOTE: Sub. (5) is shown as renumbered from sub. (2) eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
11.24 Annotation
The unit of prosecution under sub. (1) is every transfer of funds to another person accompanied by the false listing of any single contributor. An individual illegally furnishing funds from a corporate account may be convicted under sub. (1). State v. Dreske,
88 Wis. 2d 60,
276 N.W.2d 324 (Ct. App. 1979).
11.25
11.25
Unlawful political disbursements and obligations. 11.25(1)(1) No person, committee or group may intentionally receive or accept anything of value, or any promise or pledge thereof, constituting a disbursement made or obligation incurred for political purposes contrary to law.
11.25(2)(a)(a) No person, committee or group may make or authorize a disbursement or the incurrence of an obligation from moneys solicited for political purposes for a purpose which is other than political, except as specifically authorized by law.
11.25(2)(b)
(b) Notwithstanding
par. (a), a registrant may accept contributions and make disbursements from a campaign depository account for the purpose of making expenditures in connection with a campaign for national office; for payment of civil penalties incurred by the registrant under this chapter but not under any other chapter; or for payment of the expenses of nonpartisan campaigns to increase voter registration or participation. Notwithstanding
par. (a), a personal campaign committee or support committee may accept contributions and make disbursements from a campaign depository account for payment of inaugural expenses of an individual who is elected to state or local office. If such expenses are paid from contributions made to the campaign depository account, they are reportable under
s. 11.06 (1) as disbursements. Otherwise, such expenses are not reportable under
s. 11.06 (1). If contributions from the campaign depository account are used for such expenses, they are subject to
s. 11.26.
11.25(3)
(3) No moneys solicited for political purposes and reported under this chapter may be invested for the purpose of producing income unless the investment is in direct obligations of the United States and of agencies and corporations wholly owned by the United States, commercial paper maturing within one year from the date of investment, preferred shares of a corporation, an interest-bearing account at any financial institution as defined in
s. 705.01 (3) or securities of an investment company registered under the federal investment company act of 1940 (
15 USC 80a) and registered for public offer and sale in this state of the type commonly referred to as a "money market fund".
11.26
11.26
Limitation on contributions. 11.26(1)
(1) No individual may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under
s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:
Effective date note
NOTE: Sub. (1)(intro.) was amended eff. 7-1-03 by
2001 Wis. Act 109 to read as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
Effective date text
(1) Subject to sub. (10a) and except as provided under subs. (1m), (1t), (9m), and (10), no individual may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:
11.26(1)(a)
(a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, $10,000.
11.26(1)(c)
(c) Candidates for representative to the assembly, $500.
11.26(1)(cc)
(cc) Candidates for court of appeals judge in districts which contain a county having a population of more than 500,000, $3,000.
11.26(1)(cg)
(cg) Candidates for court of appeals judge in other districts, $2,500.
11.26(1)(cn)
(cn) Candidates for circuit judge in circuits having a population of more than 300,000, or candidates for district attorney in prosecutorial units having a population of more than 300,000, $3,000.
11.26(1)(cw)
(cw) Candidates for circuit judge in other circuits or candidates for district attorney in other prosecutorial units, $1,000.
11.26(1)(d)
(d) Candidates for local offices, an amount equal to the greater of the following:
11.26(1)(d)2.
2. One cent times the number of inhabitants of the jurisdiction or district, according to the latest federal census or the census information on which the district is based, as certified by the appropriate filing officer, but not more than $3,000.
11.26(1m)
(1m) Subject to
sub. (10a) and except as provided under
subs. (1t) and
(9m), no individual may make any contribution or contributions to a candidate for election or nomination to legislative office who has not filed an affidavit under
s. 11.31 (2m) and to any individual or committee under
s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:
11.26(1m)(b)
(b) Candidates for representative to the assembly, $250.
Effective date note
NOTE: Sub. (1m) was created eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
11.26(1t)
(1t) The limitations under
sub. (1m) apply to any candidate for legislative office who files an affidavit under
s. 11.31 (2m) (a) but who the board determines is ineligible to receive a grant from the Wisconsin election campaign fund, who withdraws his or her application for a grant under
s. 11.50 (2) (h), or to whom
s. 11.50 (2) (i) applies, unless the candidate subsequently files an affidavit under
s. 11.31 (2m) (b). Any such candidate who has received a contribution that exceeds the amount specified for the office the candidate seeks under
sub. (1m) before the date on which a limitation under
sub. (1m) applies to the candidate shall return to the contributor, donate to the common school fund or to any charitable organization, or transfer to the board for deposit in the Wisconsin election campaign fund the excess amount of the contribution. If a candidate for legislative office files an affidavit under
s. 11.31 (2m) (b), the limitations under
sub. (1) apply to that candidate beginning on the date that the affidavit is filed.
Effective date note
NOTE: Sub. (1t) was created eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
11.26(2)
(2) No committee other than a political party committee or legislative campaign committee may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under
s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:
Effective date note
NOTE: Sub. (2)(intro.) was amended eff. 7-1-03 by
2001 Wis. Act 109 to read as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
Effective date text
(2) Subject to sub. (10a) and except as provided under subs. (2m), (2t), and (9m), no committee other than a political party committee may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the following amounts specified per candidate:
11.26(2)(a)
(a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent or justice, 4% of the value of the disbursement level specified in the schedule under
s. 11.31 (1).
Effective date note
NOTE: Par. (a) was amended eff. 7-1-03 by
2001 Wis. Act 109 to read as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
Effective date text
(a) Candidates for governor, $43,500.
11.26(2)(ae)
(ae) Candidates for lieutenant governor, $12,000.
Effective date note
NOTE: Par. (ae) was created eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
Effective date note
NOTE: Par. (am) was created eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
11.26(2)(as)
(as) Candidates for state superintendent or justice, $10,000.
Effective date note
NOTE: Par. (as) was created eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
11.26(2)(av)
(av) Candidates for secretary of state or state treasurer, $8,650.
Effective date note
NOTE: Par. (av) was created eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
11.26(2)(c)
(c) Candidates for representative to the assembly, $500.
11.26(2)(cc)
(cc) Candidates for court of appeals judge in districts which contain a county having a population of more than 500,000, $3,000.
11.26(2)(cg)
(cg) Candidates for court of appeals judge in other districts, $2,500.
11.26(2)(cn)
(cn) Candidates for circuit judge in circuits having a population of more than 300,000, or candidates for district attorney in prosecutorial units having a population of more than 300,000, $3,000.
11.26(2)(cw)
(cw) Candidates for circuit judge in other circuits or candidates for district attorney in other prosecutorial units, $1,000.
11.26(2)(e)
(e) Candidates for local offices, an amount equal to the greater of the following:
11.26(2)(e)2.
2. Three-fourths of one cent times the number of inhabitants of the jurisdiction or district, according to the latest federal census or the census information on which the district is based, as certified by the appropriate filing officer, but not more than $2,500.
11.26(2m)
(2m) Subject to
sub. (10a) and except as provided under
subs. (2t) and
(9m), no committee other than a political party committee may make any contribution or contributions to a candidate for election or nomination to legislative office who has not filed an affidavit under
s. 11.31 (2m) and to any individual or committee under
s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:
11.26(2m)(b)
(b) Candidates for representative to the assembly, $250.
Effective date note
NOTE: Sub. (2m) was created eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
11.26(2t)
(2t) The limitations under
sub. (2m) apply to any candidate for legislative office who files an affidavit under
s. 11.31 (2m) (a) but who the board determines is ineligible to receive a grant from the Wisconsin election campaign fund, who withdraws his or her application for a grant under
s. 11.50 (2) (h), or to whom
s. 11.50 (2) (i) applies, unless the candidate subsequently files an affidavit under
s. 11.31 (2m) (b). Any such candidate who has received a contribution that exceeds the amount specified for the office the candidate seeks under
sub. (2m) before the date on which a limitation under
sub. (2m) applies to the candidate shall return to the contributor, donate to the common school fund or to any charitable organization, or transfer to the board for deposit in the Wisconsin election campaign fund the excess amount of the contribution. If a candidate for legislative office files an affidavit under
s. 11.31 (2m) (b), the limitations under
sub. (2) apply to that candidate beginning on the date that the affidavit is filed.
Effective date note
NOTE: Sub. (2t) was created eff. 7-1-03 by
2001 Wis. Act 109. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
11.26(3)
(3) The contribution limitations of
subs. (1) and
(2) apply cumulatively to the entire primary and election campaign in which a candidate participates, whether or not there is a contested primary election. The total limitation may be apportioned in any manner desired between the primary and election. All moneys cumulate regardless of the time of contribution.
Effective date note
NOTE: Sub. (3) was amended eff. 7-1-03 by
2001 Wis. Act 109 to read as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
Effective date text
(3) The contribution limitations of subs. (1), (1m), (2), and (2m) apply cumulatively to the entire primary and election campaign in which a candidate participates, whether or not there is a contested primary election. The total limitation may be apportioned in any manner desired between the primary and election. All moneys cumulate regardless of the time of contribution.
11.26(4)
(4) No individual may make any contribution or contributions to all candidates for state and local offices and to any individuals who or committees which are subject to a registration requirement under
s. 11.05, including legislative campaign committees and committees of a political party, to the extent of more than a total of $10,000 in any calendar year.
Effective date note
NOTE: Sub. (4) was amended eff. 7-1-03 by
2001 Wis. Act 109 to read as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
Effective date text
(4) Subject to sub. (10a), no individual may make any contribution or contributions to all candidates for state and local offices and to any individuals who or committees which are subject to a registration requirement under s. 11.05, including committees of a political party, to the extent of more than a total of $10,000 in any calendar year.
11.26(5)
(5) The contribution limits provided in
subs. (1) and
(4) do not apply to a candidate who makes any contribution or contributions to his or her own campaign for office from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, with respect to any contribution or contributions made to that candidate's campaign only. A candidate's personal contributions shall be deposited in his or her campaign depository account and reported in the normal manner.
Effective date note
NOTE: Sub. (5) was amended eff. 7-1-03 by
2001 Wis. Act 109 to read as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
Effective date text
(5) The contribution limits provided in subs. (1), (1m), and (4) do not apply to a candidate who makes any contribution or contributions to his or her own campaign for office from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, with respect to any contribution or contributions made to that candidate's campaign only. A candidate's personal contributions shall be deposited in his or her campaign depository account and reported in the normal manner.
11.26(6)
(6) When a candidate adopts a preexisting support committee as his or her personal campaign committee, the support committee is deemed to have been the same committee as the candidate's personal campaign committee for purposes of the application of
subs. (1),
(2) and
(9). The limitations prescribed in
subs. (2) and
(9) do not apply to the transfer of contributions which is made at the time of such adoption, but do apply to the contributions which have been made by any other committee to the support committee at the time of adoption.
Effective date note
NOTE: Sub. (6) was amended eff. 7-1-03 by
2001 Wis. Act 109 to read as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
Effective date text
(6) When a candidate adopts a preexisting support committee as his or her personal campaign committee, the support committee is deemed to have been the same committee as the candidate's personal campaign committee for purposes of the application of subs. (1), (1m), (2), (2m), and (9). The limitations prescribed in subs. (1), (1m), (2), (2m), and (9) do not apply to the transfer of contributions which is made at the time of such adoption, but do apply to the contributions which have been made by any other committee to the support committee at the time of adoption.
11.26(8)(a)(a) No political party as defined in
s. 5.02 (13) may receive more than a total of $150,000 in value of its contributions in any biennium from all other committees, excluding contributions from legislative campaign committees and transfers between party committees of the party. In this paragraph, a biennium commences with January 1 of each odd-numbered year and ends with December 31 of each even-numbered year.
11.26(8)(b)
(b) No such political party may receive more than a total of $6,000 in value of its contributions in any calendar year from any specific committee or its subunits or affiliates, excluding legislative campaign and political party committees.
11.26(8)(c)
(c) No committee, other than a political party or legislative campaign committee, may make any contribution or contributions, directly or indirectly, to a political party under
s. 5.02 (13) in a calendar year exceeding a total value of $6,000.
Effective date note
NOTE: Sub. (8) was amended eff. 7-1-03 by
2001 Wis. Act 109 to read as shown below. Act 109, s. 9115, provided that if any treatments by Act 109 listed in s. 9115, including the treatment of this provision, was held to be unconstitutional by a court, then all of the listed treatments are void. The United States District Court for the Western District of Wisconsin in Wisconsin Realtors Assoc. v. Ponto,
233 F. Supp. 2d 1078 (2002), found the treatment of certain listed provisions unconstitutional, rendering the treatment of this provision void.
Effective date text
(8) (a) Subject to sub. (10a) and except as provided in sub. (8n), no political party as defined in s. 5.02 (13) may receive more than a total of $450,000 in value of its contributions in any biennium from all other committees, excluding transfers between party committees of the same party. In this paragraph, "biennium " means the time period commencing with January 1 of each odd-numbered year and ending with December 31 of each even-numbered year.
Effective date text
(b) Subject to sub. (10a) and except as provided in sub. (8n), no such political party may receive more than a total of $18,000 in value of its contributions in any calendar year from any specific committee or that specific committee's subunits or affiliates, excluding transfers between party committees of the same party.
Effective date text
(c) Subject to sub. (10a) and except as provided in sub. (8n), no committee, other than a political party committee, may make any contribution or contributions, directly or indirectly, to a political party under s. 5.02 (13) in a calendar year exceeding a total value of $18,000.
11.26(8n)(a)(a) Subject to
sub. (10a), a political party, as defined in
s. 5.02 (13), may receive and accept for use under
par. (b) up to a total of $450,000 in value of contributions in any biennium made or transferred to the party by all other individuals, committees, and conduits combined, excluding transfers between party committees of the same party. A political party may receive and accept a contribution transferred by a conduit under this paragraph only if the original contributor designated that the contribution was made for the purpose of contributing to accounts established by the political party under
par. (b).
Subsection (8) does not apply to contributions received and accepted under this paragraph. In this paragraph, "biennium" has the meaning given in
sub. (8) (a).
11.26(8n)(b)
(b) A political party that receives and accepts a contribution under
par. (a) shall maintain 2 segregated accounts, one designated as a "
Section 11.26 (8n) Senate Account" and one designated as a "
Section 11.26 (8n) Assembly Account." The political party shall deposit one-half of each contribution received and accepted under
par. (a) in each account. Contributions deposited in the senate account may be disbursed only for the purpose of making contributions to candidates for the office of state senator that the candidates are authorized to receive and accept under
sub. (9) (a). Contributions deposited in the assembly account may be disbursed only for the purpose of making contributions to candidates for the office of representative to the assembly that the candidates are authorized to receive and accept under
sub. (9) (a).
