11.31(2)
(2) Limitation imposed. No candidate for state office at a spring or general election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from the campaign treasury in any campaign to the extent of more than the amount prescribed in
sub. (1), 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. No candidate for state office at a special election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from the campaign treasury in any campaign to the extent of more than the amount prescribed under
sub. (1) for the preceding spring or general election for the same office, 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.
Effective date note
NOTE: Sub. (2) 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) Limitation imposed. No candidate for state office at a spring or general election who files an application to receive a grant from the Wisconsin election campaign fund and an affidavit under sub. (2m) (a) may make or authorize total disbursements from his or her campaign treasury in any campaign to the extent of more than the amount prescribed in sub. (1), adjusted as provided under sub. (9), 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) or sub. (3p) applies to that candidate. No candidate for state office at a special election who files an application to receive a grant from the Wisconsin election campaign fund and an affidavit under sub. (2m) (a) may make or authorize total disbursements from his or her campaign treasury in any campaign to the extent of more than the amount prescribed under sub. (1), adjusted as provided under sub. (9), for the preceding spring or general election for the same office, 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) or sub. (3p) applies to that candidate.
11.31(2m)
(2m) Voluntary limitation. Any candidate to whom
sub. (2) and
s. 11.26 (10) do not apply may file an affidavit with his or her filing officer affirming that he or she has adhered and will adhere to the limitations imposed under
sub. (2) and
s. 11.26 during the entire campaign. These limitations apply unless the candidate withdraws the affidavit by notifying his or her filing officer in writing no later than the 7th day after the date of the primary in which the person filing the affidavit is a candidate, or the 7th day after the date that the primary would be held, if no primary is required.
Effective date note
NOTE: Sub. (2m) is affected 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
(2m) Affidavit of adherence to limitations. (a) Each candidate who files an application to receive a grant from the Wisconsin election campaign fund shall file an affidavit with the board affirming that the candidate, and his or her authorized agents, have complied with the limitations imposed under sub. (2) and s. 11.26 at all times during which the limitations have applied to his or her candidacy and will continue to comply with the limitations at all times during which the limitations apply to his or her candidacy, unless the board determines that the candidate is not eligible to receive a grant from the fund, the candidate withdraws his or her application for a grant under s. 11.50 (2) (h), or s. 11.50 (2) (i) or sub. (3p) applies to that candidate.
Effective date text
(b) Any candidate to whom sub. (2) and s. 11.26 (10) do not apply may file an affidavit with his or her filing officer affirming that he or she has adhered and will adhere to the limitations imposed under sub. (2) and s. 11.26 (10) during the entire campaign. These limitations apply unless the candidate withdraws the affidavit by notifying his or her filing officer in writing no later than the 7th day after the date of the primary in which the person filing the affidavit is a candidate, or the 7th day after the date that the primary would be held, if no primary is required.
11.31(3)
(3) Gubernatorial campaigns. For purposes of compliance with the limitations imposed under
sub. (2), candidates for governor and lieutenant governor of the same political party who both accept grants from the Wisconsin election campaign fund may agree to combine disbursement levels under
sub. (1) (a) and
(b) and reallocate the total level between them. The candidates shall each inform the board of any such agreement.
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) Gubernatorial campaigns. For purposes of compliance with the limitations imposed under sub. (2), candidates for governor and lieutenant governor of the same political party who both accept grants from the Wisconsin election campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b), adjusted as provided under sub. (9), and reallocate the total level between them. The candidates shall each inform the board of any such agreement.
11.31(3m)
(3m) Unopposed candidates; exception. Notwithstanding
subs. (1) and
(2), if all candidates for state senator or representative to the assembly in a legislative district who are certified under
s. 7.08 (2) (a) to appear on the September primary ballot of all parties recognized under
s. 5.62 (1) (b) or
(2) have no opponent who is certified to appear on the same primary ballot, or if no primary is required for all candidates of parties recognized under
s. 5.62 (1) (b) or
(2) for state senator or representative to the assembly in a legislative district who are certified under
s. 8.50 (1) (d) to appear on a special partisan election ballot, then the separate limitation specified in
sub. (1) for disbursements during the primary and election period does not apply to candidates for that office in that primary and election, and the candidates are bound only by the total limitations specified for the primary and election.
11.31(3p)
(3p) Candidates receiving additional moneys; exception. If a candidate receives a contribution described in
s. 11.26 (9) (a) 1. to
3., a contribution authorized under
s. 11.26 (9m), or a grant under
s. 11.50 (4) (bg) or
(br), the disbursement limitation of that candidate for the campaign in which the contribution or grant is received is increased by the amount of that contribution or grant.
Effective date note
NOTE: Sub. (3p) 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.
11.31(4)
(4) Allocation. Except as provided in
sub. (3m), whenever a separate disbursement level is specified for a primary and election under
sub. (1), a candidate who disburses less than the authorized level in the primary may not reallocate the balance to increase the level in the election. Whenever a separate disbursement level is not specified for a primary and election under
sub. (1), a candidate may allocate disbursements between the primary and election campaign within the total level of disbursements specified in
sub. (1) in any proportion desired, and may carry over unexpended contributions from a primary campaign to an election campaign.
11.31(5)
(5) Separation of periods. A disbursement is made for the purposes of the election under this section when a person or committee contracts for goods to be delivered or services to be performed after the date of the primary, regardless of the time at which the contract is entered into by the contracting person or committee.
11.31(6)(a)(a) In computing the limitations under this section an individual or campaign treasurer may exclude any of the following:
11.31(6)(a)6.
6. Reimbursement made to a candidate for the candidate's travel expenses.
11.31(6)(a)7.
7. The gross receipts from the sale at an auction of any materials contributed to a candidate and reported by the candidate as a disbursement at the time the contribution is made.
11.31(6)(a)9.
9. The cost of services and materials purchased from a service provider for the purpose of compliance with the electronic filing requirement under
s. 11.21 (16).
11.31(6)(a)10.
10. The cost of facilities rental, entertainment expense, food and beverages, including the preparation and service thereof if contracted to an outside agency, if utilized for a meal, sale, rally or similar fund raising effort or program that is intended for political purposes.
11.31(6)(b)
(b) Any exclusion claimed under
par. (a) shall be reported to the appropriate filing officer in the form that the board requires.
11.31(7)(a)(a) For purposes of this section, the "campaign" of a candidate extends from July 1 preceding the date on which the spring primary or election occurs or January 1 preceding the date on which the September primary or general election occurs for the office which the candidate seeks, or from the date of the candidate's public announcement, whichever is earlier, through the last day of the month following the month in which the election or primary is held.
11.31(7)(b)
(b) Disbursements which are made before a campaign period for goods to be delivered or services to be rendered in connection with the campaign are charged against the disbursement limitation for that campaign.
11.31(7)(c)
(c) Disbursements which are made after a campaign to retire a debt incurred in relation to a campaign are charged against the disbursement limitation for that campaign.
11.31(7)(d)
(d) Disbursements which are made outside a campaign period and to which
par. (b) or
(c) does not apply are not subject to any disbursement limitation. Such disbursements are subject to
s. 11.25 (2).
11.31(8)
(8) Certain contributions excluded. The limitations imposed under this section do not apply to a gift of anything of value constituting a contribution made directly to a registrant by another, but the limitations shall apply to such gift when it is received and accepted by the recipient or if received in the form of money, when disbursed.
11.31(9)
(9) Adjustment of disbursement levels. 11.31(9)(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.
11.31(9)(b)
(b) The dollar amounts of the limitations under
sub. (1) 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
sub. (1) by the percentage difference in the consumer price indexes. The board shall then add that product to the applicable limitation under
sub. (1), 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. (9) 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.
11.31(10)
(10) Surplus materials excluded. Disbursements 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 disbursement by that candidate.
11.31 Cross-reference
Cross Reference: See also s. ElBd 6.04, Wis. adm. code.
11.32
11.32
Compensation for political advertisements. 11.32(1)(1) No owner, agent or employee of any communications medium may solicit, receive or accept any payment, promise or compensation, nor may any person pay, promise to pay or compensate such person, for the purpose of influencing voting at any election through any broadcast or printed matter unless designated as a paid advertisement under
s. 11.30.
11.32(2)
(2) No person publishing a newspaper or periodical or operating a radio or television station may receive rates for publishing or broadcasting advertising for political purposes in excess of the rate regularly charged for commercial advertising of a similar character and classification. No person, committee or group placing such advertising may pay any rate or charge in excess of the regularly charged rate.
11.32 History
History: 1973 c. 334.
11.33
11.33
Use of government materials by candidates. 11.33(1)(a)(a) No person elected to state or local office who becomes a candidate for national, state or local office may use public funds for the cost of materials or distribution for 50 or more pieces of substantially identical material distributed after:
11.33(1)(a)1.
1. In the case of a candidate who is nominated by nomination papers, the first day authorized by law for circulation of nomination papers as a candidate.
11.33(1)(a)2.
2. In the case of a candidate who is nominated at a primary election by write-in votes, the day the board of canvassers issues its determination that the person is nominated.
11.33(1)(a)3.
3. In the case of a candidate who is nominated at a caucus, the date of the caucus.
11.33(1)(a)4.
4. In the case of any other candidate who is nominated solely by filing a declaration of candidacy, the first day of the month preceding the month which includes the last day for filing the declaration.
11.33(1)(b)
(b) This subsection applies until after the date of the election or after the date of the primary election if the person appears as a candidate on a primary election ballot and is not nominated at the primary election.
11.33(2)
(2) This section does not apply to use of public funds for the costs of the following, when not done for a political purpose:
11.33(2)(a)
(a) Answers to communications of constituents.
11.33(2)(c)
(c) Actions taken by a state or local government administrative officer pursuant to a specific law, ordinance or resolution which authorizes or directs the actions to be taken.
11.33(2)(d)
(d) Communications not exceeding 500 pieces by members of the legislature relating solely to the subject matter of a special session or extraordinary session, made during the period between the date that the session is called or scheduled and 14 days after adjournment of the session.
11.33(3)
(3) Except as provided in
sub. (2), it is not a defense to a violation of
sub. (1) that a person was not acting with a political purpose. This subsection applies irrespective of the distributor's intentions as to political office, the content of the materials, the manner of distribution, the pattern and frequency of distribution and the value of the distributed materials.
11.33 Annotation
This section applies to persons elected to state office who are seeking reelection or election to a different office and to the use of public funds for political purposes. 69 Atty. Gen. 259.
11.34
11.34
Solicitation of contributions from candidates restricted. 11.34(1)(1) No person may demand, solicit, take, invite or receive from a candidate any gift of anything of value for a religious, charitable or fraternal cause or for any organization other than a political committee or group. No candidate may make, intimate or promise such a gift.
11.34(2)
(2) This section does not apply to payment of a regular subscription or contribution by a person to an organization of which the person is a member or to which the person may have been a regular contributor prior to the person's candidacy or to ordinary contributions at a regular church service.
11.36
11.36
Political solicitation involving public officials and employees restricted. 11.36(1)
(1) No person may solicit or receive from any state officer or employee or from any officer or employee of the University of Wisconsin Hospitals and Clinics Authority any contribution or service for any political purpose while the officer or employee is engaged in his or her official duties, except that an elected state official may solicit and receive services not constituting a contribution from a state officer or employee or an officer or employee of the University of Wisconsin Hospitals and Clinics Authority with respect to a referendum only. Agreement to perform services authorized under this subsection may not be a condition of employment for any such officer or employee.
11.36(2)
(2) No person may solicit or receive from any officer or employee of a political subdivision of this state any contribution or service for any political purpose during established hours of employment or while the officer or employee is engaged in his or her official duties.
11.36(3)
(3) Every person who has charge or control in a building, office or room occupied for any purpose by this state, by any political subdivision thereof or by the University of Wisconsin Hospitals and Clinics Authority shall prohibit the entry of any person into that building, office or room for the purpose of making or receiving a contribution.
11.36(4)
(4) No person may enter or remain in any building, office or room occupied for any purpose by the state, by any political subdivision thereof or by the University of Wisconsin Hospitals and Clinics Authority or send or direct a letter or other notice thereto for the purpose of requesting or collecting a contribution.
11.36(5)
(5) In this section, "political purpose" includes an act done for the purpose of influencing the election or nomination for election of a person to national office, and "contribution" includes an act done for that purpose.
11.36(6)
(6) This section does not apply to response by a legal custodian or subordinate of the custodian to a request to locate, reproduce or inspect a record under
s. 19.35, if the request is processed in the same manner as the custodian or subordinate responds to other requests to locate, reproduce or inspect a record under
s. 19.35.
11.37
11.37
Travel by public officers. 11.37(1)
(1) No person may use any vehicle or aircraft owned by the state or by any local governmental unit for any trip which is exclusively for the purposes of campaigning in support of or in opposition to any candidate for national, state or local office, unless use of the vehicle or aircraft is required for purposes of security protection provided by the state or local governmental unit.
11.37(2)
(2) No person may use any vehicle or aircraft owned by the state or by any local governmental unit for purposes which include campaigning in support of or in opposition to any candidate for national, state or local office, unless the person pays to the state or local governmental unit a fee which is comparable to the commercial market rate for the use of a similar vehicle or aircraft and for any services provided by the state or local governmental unit to operate the vehicle or aircraft. If a trip is made in part for a public purpose and in part for the purpose of campaigning, the person shall pay for the portion of the trip attributable to campaigning, but in no case less than 50% of the cost of the trip. The portion of the trip attributable to campaigning shall be determined by dividing the number of appearances made for campaign purposes by the total number of appearances. Fees payable to the state shall be prescribed by the secretary of administration and shall be deposited in the account under
s. 20.855 (6) (h). Fees payable to a local governmental unit shall be prescribed by the governing body of the governmental unit.
11.38
11.38
Contributions and disbursements by corporations and cooperatives. 11.38(1)(a)1.1. No foreign or domestic corporation, or association organized under
ch. 185, may make any contribution or disbursement, directly or indirectly, either independently or through any political party, committee, group, candidate or individual for any purpose other than to promote or defeat a referendum.
11.38(1)(a)2.
2. Notwithstanding
subd. 1., any such corporation or association may establish and administer a separate segregated fund and solicit contributions from individuals to the fund to be utilized by such corporation or association, for the purpose of supporting or opposing any candidate for state or local office but the corporation or association may not make any contribution to the fund. The fund shall appoint a treasurer and shall register as a political committee under
s. 11.05. A parent corporation or association engaging solely in this activity is not subject to registration under
s. 11.05, but shall register and file special reports on forms prescribed by the board disclosing its administrative and solicitation expenses on behalf of such fund. A corporation not domiciled in this state need report only its expenses for administration and solicitation of contributions in this state together with a statement indicating where information concerning other administration and solicitation expenses of its fund may be obtained. The reports shall be filed with the filing officer for the fund specified in
s. 11.02 in the manner in which continuing reports are filed under
s. 11.20 (4) and
(8).
Effective date note
NOTE: Subd. 2. 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. Notwithstanding subd. 1., any such corporation or association may establish and administer a separate segregated fund and solicit contributions from individuals to the fund to be utilized by such corporation or association, for the purpose of supporting or opposing any candidate for state or local office but the corporation or association may not make any contribution to the fund. The fund shall appoint a treasurer and shall register as a political committee under s. 11.05. A parent corporation or association engaging solely in this activity is not subject to registration under s. 11.05, but shall register and file special reports on forms prescribed by the board disclosing its administrative and solicitation expenses on behalf of such fund. A corporation not domiciled in this state need report only its expenses for administration and solicitation of contributions in this state together with a statement indicating where information concerning other administration and solicitation expenses of its fund may be obtained. The reports shall be filed with the filing officer for the fund specified in s. 11.02 in the manner provided under s. 11.21 (16), if applicable, or otherwise in the manner in which continuing reports are filed under s. 11.20 (4) and (8).
11.38(1)(a)3.
3. No corporation or association specified in
subd. 1. may expend more than a combined total of $500 annually for solicitation of contributions to a fund established under
subd. 2. or to a conduit.
11.38(1)(b)
(b) No political party, committee, group, candidate or individual may accept any contribution or disbursement made to or on behalf of such individual or entity which is prohibited by this section.
11.38(2)(a)(a) This section does not affect the right of any individual to support candidates and purposes of the individual's own choosing or the individual's right to subscribe to a regularly published organization newspaper.
11.38(2)(b)
(b) This section does not prohibit the publication of periodicals by a corporation or a cooperative in the regular course of its affairs which advise the members, shareholders or subscribers of the disadvantages or advantages to their interests of the election to office of persons espousing certain measures, without reporting such activity.
11.38(2)(c)
(c) This section does not apply to any labor organization which is incorporated under
ch. 181 prior to January 1, 1978.
