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(9)(b)
(b) No individual who is a candidate for state or local office may receive and accept more than 45% of the value of the total disbursement level determined under
s. 11.31 for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement.
Effective date note
NOTE: Par. (b) 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
(b) No individual who is a candidate for state office, other than a state office described in par. (am), or local office may receive and accept more than 45% of the value of the total disbursement level determined under s. 11.31 (1), adjusted as provided under s. 11.31 (9), for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party committees subject to a filing requirement.
11.26(9)(c)
(c) For purposes of
pars. (a) and
(b), a "committee" includes the Wisconsin election campaign fund.
11.26(9m)(a)(a) If a report filed under
s. 11.12 (8) indicates that a candidate has made disbursements exceeding the amount specified under
s. 11.31 (1) (a) to
(de),
(e), or
(f) for the office that the candidate seeks, as adjusted under
s. 11.31 (9), then the limitations under
subs. (1),
(1m),
(2), and
(2m) applicable to contributions made to each opposing candidate are doubled. In addition,
s. 11.24 (1w) and
sub. (9) do not apply to any contributions received by each opposing candidate that the opposing candidate intends to use to make disbursements in response to the disbursements reported under
s. 11.12 (8), as reported by the opposing candidate under
s. 11.06 (1) (cm), to the extent that the contributions do not exceed the total amount by which the combined total of all such disbursements reported under
s. 11.12 (8) exceeds the applicable amount specified under
s. 11.31 (1) (a) to
(de),
(e), or
(f), as adjusted under
s. 11.31 (9). If the opposing candidate receives grant moneys under
s. 11.50 (4) (bg),
sub. (9) does not apply to those grant moneys.
11.26(9m)(b)
(b) If a report filed under
s. 11.12 (6) (am) or
(c) indicates that disbursements have been made, or are to be made, in any campaign against a candidate, 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 previously reported, exceeds 5% of the amount specified under
s. 11.31 (1) (a) to
(de),
(e), or
(f), for the office that the candidate seeks, as adjusted under
s. 11.31 (9), the limitations under
subs. (1),
(1m),
(2), and
(2m) applicable to contributions made to that candidate are doubled. In addition,
s. 11.24 (1w) and
sub. (9) do not apply to any contributions received by the candidate that the candidate intends to use to make disbursements in response to the disbursements, proposed disbursements, or obligations reported under
s. 11.12 (6) (am) or
(c), as reported by the candidate under
s. 11.06 (1) (cm), to the extent that the contributions do not exceed the combined total of all such disbursements and obligations reported under
s. 11.12 (6) (am) during the period beginning with the 60th day preceding the general, special, or spring election at which the candidate seeks office and ends with the 31st day preceding that election, together with the total amount of proposed disbursements and obligations reported under
s. 11.12 (6) (c), less the amount of any disbursements made, or to be made, for the purpose of the payment of obligations previously reported. If the candidate receives grant moneys under
s. 11.50 (4) (bg) or
(br),
sub. (9) does not apply to those grant moneys.
Effective date note
NOTE: Sub. (9m) 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(10)
(10) No candidate for state office who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make contributions of more than 200% of the amounts specified in
sub. (1) to the candidate's own campaign 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, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under
s. 11.50 (2) (h), or
s. 11.50 (2) (i) applies. For purposes of this subsection, any contribution received by a candidate or his or her personal campaign committee from a committee which is registered with the federal elections commission as the authorized committee of the candidate under
2 USC 432 (e) shall be treated as a contribution made by the candidate to his or her own campaign. The contribution limit of
sub. (4) applies to amounts contributed by such a candidate personally to the candidate's own campaign and to other campaigns, except that a candidate may exceed the limitation if authorized under this subsection to contribute more than the amount specified to the candidate's own campaign, up to the amount of the limitation.
Effective date note
NOTE: Sub. (10) 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
(10) No candidate for state office who files an application to receive a grant from the Wisconsin election campaign fund and an affidavit under s. 11.31 (2m) (a) may make contributions of more than 200% of the applicable amount specified in sub. (1) to the candidate's own campaign 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, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.31 (3p) or 11.50 (2) (i) applies to the candidate. For purposes of this subsection, any contribution received by a candidate or his or her personal campaign committee from a committee which is registered with the federal elections commission as the authorized committee of the candidate under 2 USC 432 (e) shall be treated as a contribution made by the candidate to his or her own campaign. The contribution limit of sub. (4) applies to amounts contributed by such a candidate personally to the candidate's own campaign and to other campaigns, except that a candidate may exceed the limitation if authorized under this subsection to contribute more than the amount specified to the candidate's own campaign, up to the amount of the limitation.
11.26(10a)(a)(a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period, all items, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.
11.26(10a)(b)
(b) The dollar amounts of the limitations under
subs. (1),
(1m),
(2),
(2m),
(4),
(8), and
(8n) are subject to a biennial adjustment to be determined by rule of the board in accordance with this subsection. To determine the adjustment, the board shall, in each year that the adjustment is made, calculate the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for calendar year 2003. Beginning in 2006 and every 2 years thereafter, the board shall multiply the amount of each limitation under
subs. (1),
(1m),
(2),
(2m),
(4),
(8), and
(8n) by the percentage difference in the consumer price indexes. The board shall then add that product to the applicable limitation under
subs. (1),
(1m),
(2),
(2m),
(4),
(8), and
(8n), round each sum to the nearest multiple of $5, and adjust the amount of each limitation to substitute the resulting amount. The amount so determined shall then be in effect until a subsequent rule is promulgated under this subsection. Notwithstanding
s. 227.24 (1) (a),
(2) (b), and
(3), determinations under this subsection may be promulgated as an emergency rule under
s. 227.24 without providing evidence that the emergency rule is necessary for the public peace, health, safety, or welfare and without a finding of emergency.
Effective date note
NOTE: Sub. (10a) 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(11)
(11) Excess contributions shall be returned to the donor or treated in accordance with
s. 11.12 (2) or
11.23 (2), at the option of the treasurer.
11.26(12)
(12) In computing the limitations under this section, any transfer of funds between the candidates for governor and lieutenant governor of the same political party in the general election may be excluded.
11.26(12m)
(12m) For purposes of this section, a contribution of money received from a conduit identified in the manner prescribed in
s. 11.06 (11) (a) shall be considered a contribution received from the original contributor.
11.26(13)
(13) Except as provided in
sub. (9), contributions received from the Wisconsin election campaign fund are not subject to limitation by this section.
11.26(13m)
(13m) Contributions utilized for the following purposes are not subject to limitation by this section:
11.26(13m)(a)
(a) For the purpose of payment of legal fees and other expenses incurred as a result of a recount at an election.
11.26(13m)(b)
(b) For the purpose of payment of legal fees and other expenses incurred in connection with the circulation, offer to file or filing, or with the response to the circulation, offer to file or filing, of a petition to recall an officer prior to the time a recall primary or election is ordered, or after that time if incurred in contesting or defending the order.
11.26(14)
(14) No candidate or committee may receive and accept any contribution or contributions made in violation of this section.
11.26(15)
(15) The fact that 2 or more committees, other than personal campaign committees, utilize common policies and practices concerning the endorsement of candidates or agree to make contributions only to such endorsed candidates does not affect the right of each committee independently to make contributions up to the amount specified under
sub. (2).
Effective date note
NOTE: Sub. (15) 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
(15) The fact that 2 or more committees, other than personal campaign committees, utilize common policies and practices concerning the endorsement of candidates or agree to make contributions only to such endorsed candidates does not affect the right of each committee independently to make contributions up to the applicable amount specified under sub. (1), (1m), (2), or (2m).
11.26(16)
(16) Contributions constituting surplus materials acquired in connection with a previous campaign of a candidate are not subject to limitation by this section, if the materials were previously reported as a contribution by that candidate.
11.26(17)(a)(a) For purposes of application of the limitations imposed in
subs. (1),
(2),
(9) and
(10), the "campaign" of a candidate begins and ends at the times specified in this subsection.
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) For purposes of application of subs. (1), (1m), (2), (2m), (9), (9m), and (10), the "campaign" of a candidate begins and ends at the times specified in this subsection.
11.26(17)(b)
(b) In the case of a candidate who has not been a candidate in a previous election for which he or she continues to be registered under
s. 11.05, the "campaign" of the candidate begins when the candidate or the candidate's personal campaign committee is required to file a registration statement with the appropriate filing officer.
11.26(17)(c)
(c) In the case of a candidate who has been a candidate in a previous election for which he or she continues to be registered under
s. 11.05, the "campaign" of the candidate begins on the day after the closing date for the period covered by the first financial report filed by or on behalf of the candidate subsequent to the date of the previous election, or if the candidate has incurred obligations from a previous campaign, the date on which the candidate receives sufficient contributions to retire those obligations, whichever is later, except that the "campaign" of a candidate at a special election begins when the candidate or the candidate's personal campaign committee is required to file or change the information on a registration statement as a result of the candidacy.
11.26(17)(d)
(d) In the case of any candidate at the spring primary or election or the September primary or general election, the "campaign" of the candidate ends on June 30 or December 31 following the date on which the election or primary is held in which the candidate is elected or defeated, or the date on which the candidate receives sufficient contributions to retire any obligations incurred in connection with that contest, whichever is later. In the case of any candidate at a special primary or election, the "campaign" of the candidate ends on the last day of the month following the month in which the primary or election is held in which the candidate is elected or defeated, or the date on which the candidate receives sufficient contributions to retire any obligations incurred in connection with that contest, whichever is later.
11.26(17)(e)
(e) The campaign of a candidate in a future election who has incurred obligations from a previous campaign may begin before the candidate receives sufficient contributions to retire all obligations incurred in connection with the previous campaign, but may not begin before the day after the closing date for the period covered by the first financial report filed by or on behalf of the candidate subsequent to the date of the previous election except as provided for a special election under
par. (c).
11.26(17)(f)
(f) Notwithstanding
pars. (b) to
(d), contributions for inaugural expenses paid by a candidate, personal campaign committee or support committee authorized under
s. 11.05 (3) (p) from a campaign depository account are subject to the limitations of this section, but the registrant paying the expenses may elect to charge the contributions to a present or possible future campaign of the individual in connection with whose inauguration the expenses are paid.
11.26 Note
NOTE: 1985 Wis. Act 303, s.
1, states legislative intent regarding political party and legislative campaign committees' independent expenditures.
11.26 Annotation
Sub. (9) (a) does not violate the first amendment or equal protection; it is narrowly tailored to accomplish a legislative goal while allowing significant political expression. Gard v. State Elections Board,
156 Wis. 2d 28,
456 N.W.2d 809 (1990).
11.26 Annotation
The constitutionality of various provisions is discussed. 65 Atty. Gen. 237.
11.265
11.265
Legislative campaign committees. 11.265(1)
(1) No more than one legislative campaign committee may be established by the members of one political party in each house of the legislature.
11.265(2)
(2) A legislative campaign committee may accept no contributions and make no contributions or disbursements exceeding the amounts authorized for a political party under this chapter.
11.265(3)
(3) Amounts contributed by a legislative campaign committee to a political party are not subject to limitation by this chapter.
Effective date note
NOTE: This section was repealed 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.
11.27
11.27
False reports and statements. 11.27(1)
(1) No person may prepare or submit a false report or statement to a filing officer under this chapter.
11.27(2)
(2) In civil actions under this chapter, the acts of every member of a personal campaign committee are presumed to be with the knowledge and approval of the candidate, until it has been clearly proved that the candidate did not have knowledge of and approve the same.
11.27 History
History: 1973 c. 334;
1979 c. 328.
11.29
11.29
Communications for political purposes. 11.29(1)(1) Nothing in this chapter restricts any corporation, cooperative or voluntary association other than a political party or personal campaign committee from making disbursements for the purpose of communicating only with its members, shareholders or subscribers to the exclusion of all other persons, with respect to endorsements of candidates, positions on a referendum or explanation of its views or interests, without reporting such activity. No such corporation, cooperative or voluntary association may solicit contributions from persons who are not members, shareholders or subscribers to be used for such purposes.
11.29(2)
(2) Notwithstanding
s. 11.12 (1), a political party committee may make single communications to its members at periodic intervals with respect to an explanation of its views or interests, a position on a referendum to be submitted to the voters, or endorsement of an entire slate of candidates at any jurisdictional level or levels. Such activity shall be reported by the party committee.
11.29(3)
(3) No communications medium may be utilized for communications authorized under this section unless the medium is restricted solely to members, shareholders or subscribers.
11.29(4)
(4) For purposes of this section, the members of a local or regional cooperative are deemed to be members of a state cooperative if the local or regional cooperative is a member of the state cooperative.
11.30
11.30
Attribution of political contributions, disbursements and communications. 11.30(1)
(1) No disbursement may be made or obligation incurred anonymously, and no contribution or disbursement may be made or obligation incurred in a fictitious name or by one person or organization in the name of another for any political purpose.
11.30(2)(a)(a) The source of every printed advertisement, billboard, handbill, sample ballot, television or radio advertisement or other communication which is paid for by or through any contribution, disbursement or incurred obligation shall clearly appear thereon. This paragraph does not apply to communications for which reporting is not required under
s. 11.06 (2).
11.30(2)(b)
(b) Every such communication the cost of which is paid for or reimbursed by a committee or group, or for which a committee or group assumes responsibility, whether by the acceptance of a contribution or by the making of a disbursement, shall be identified by the words "Paid for by" followed by the name of the committee or group making the payment or reimbursement or assuming responsibility for the communication and the name of the treasurer or other authorized agent of such committee or group.
11.30(2)(c)
(c) Every such communication which is directly paid for or reimbursed by an individual, including a candidate without a personal campaign committee who is serving as his or her own treasurer, or for which an individual assumes responsibility, whether by the acceptance of a contribution or by the making of a disbursement, shall be identified by the words "Paid for by" followed by the name of the candidate or other individual making the payment or reimbursement or assuming responsibility for the communication. No abbreviation may be used in identifying the name of a committee or group under this paragraph.
11.30(2)(d)
(d) In addition to the requirements of
pars. (a) to
(c), a committee or individual required to file an oath under
s. 11.06 (7) shall also in every communication in support of or in opposition to any clearly identified candidate or candidates include the words "Not authorized by any candidate or candidate's agent or committee".
11.30(2)(e)
(e) Communications under this section by a personal campaign committee may identify the committee or any bona fide subcommittee thereof.
11.30(2)(em)
(em) The source of each printed advertisement, billboard, handbill, paid television or radio advertisement or other communication made for the purpose of influencing the recall from or retention in office of an individual holding a state or local office shall clearly appear thereon in the manner prescribed in
pars. (b) and
(c).
11.30(2)(f)
(f) This subsection does not apply to the preparation and transmittal of personal correspondence or the production, wearing or display of a single personal item which is not reproduced or manufactured by machine or other equipment for sale or distribution to more than one individual.
11.30(2)(fm)
(fm) This subsection does not apply to communications printed on pins, buttons, pens, balloons, nail files and similar small items on which the information required by this subsection cannot be conveniently printed. The board may, by rule, specify small items not mentioned in this paragraph to which this subsection shall not apply.
11.30(2)(g)
(g) This subsection does not apply to nonadvertising material contained in a regularly published newsletter by an organization which is expressing its political views with respect to elections which are of concern to its membership, provided that distribution of such newsletter is restricted to such membership.
11.30(2)(h)
(h) Notwithstanding
par. (a), the attributions required by this subsection in written communications shall be readable, legible and readily accessible.
11.30(2)(hm)
(hm) Notwithstanding
pars. (a) to
(c), any communication making a solicitation on behalf of more than one candidate for a joint fund raising effort or program pursuant to an escrow agreement under
s. 11.16 (5) may omit the names of the candidates or personal campaign committees assuming responsibility for the communication if the communication discloses that a joint fund raising effort or program is being conducted on behalf of named candidates.
11.30(2)(i)
(i) No person may publish or disseminate, or cause to be published or disseminated any communication in violation of this subsection. A communications medium which in good faith relies on the representations of any person who places an advertisement with such medium as to the applicability of this subsection to such person does not violate this paragraph as a result of publication or dissemination of that advertisement based on such representations, provided that the representations are reasonable.
11.30(3)(a)(a) This subsection applies to the following persons who own any financial interest in a newspaper or periodical circulating in this state or in any radio or television station located in this state:
11.30(3)(a)1.
1. Every person occupying any office or position with an annual compensation over $300, under the constitution or laws of the United States or of this state or under an ordinance of any municipality of this state.
11.30(3)(a)2.
2. Every candidate or member of any committee or group under this chapter.
11.30(3)(b)
(b) Any person named in
par. (a) is guilty of a violation of this chapter unless, before using the communications medium for political purposes other than as provided for in
sub. (2), there is filed with the board a verified declaration specifically stating the communications medium in which the person has financial interest or over which the person has control and the exact nature and extent of the interest or control.
11.30(4)
(4) No owner or other person with a financial interest in a communications medium may utilize such medium in support of or in opposition to a candidate or referendum except as provided in this chapter. This chapter shall not be construed to restrict fair coverage of bona fide news stories, interviews with candidates and other politically active individuals, editorial comment or endorsement. Such activities need not be reported as a contribution or disbursement.
11.30(5)
(5) Whenever any person receives payment from another person, in cash or in-kind, for the direct or indirect cost of conducting a poll concerning support or opposition to a candidate, political party or referendum, the person conducting the poll shall, upon request of any person who is polled, disclose the name and address of the person making payment for the poll and, in the case of a registrant under
s. 11.05, the name of the treasurer of the person making payment.
11.31
11.31
Disbursement levels and limitations; calculation. 11.31(1)(1)
Schedule. The following levels of disbursements are established with reference to the candidates listed below. Except as provided in
sub. (2), such levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.
Effective date note
NOTE: Sub. (1)(intro.) 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) Schedule. The following levels of disbursements are established with reference to the candidates listed below. The levels are subject to adjustment under sub. (9). Except as provided in sub. (2), such levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.
Effective date note
NOTE: Par. (a) 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, $2,000,000.
11.31(1)(b)
(b) Candidates for lieutenant governor, $323,475.
