11.50(2)(h)
(h) An eligible candidate who files an application under
par. (a) may file a written withdrawal of the application. A withdrawal of an application may be filed with the board no later than the 7th day after the day of the primary in which the person withdrawing the application is a candidate or the 7th day after the date that the primary would be held, if required. If an application is withdrawn in accordance with this paragraph, the person withdrawing the application is no longer bound by the statement filed under
par. (a) after the date of the withdrawal.
11.50(2)(i)
(i) Notwithstanding
par. (g), if an eligible candidate at the spring election or a special nonpartisan election who accepts a grant is opposed by one or more candidates in the election, or if an eligible candidate at the general election or a special partisan election who accepts a grant is opposed by one or more candidates in the election who receive at least 6 percent of the vote cast for all candidates for the same office on all ballots at the September primary or a special partisan primary if a primary was held, and in either case if any such opponent of the eligible candidate does not accept a grant under this section in whole or in part, the eligible candidate is not bound by the pledge made in his or her application to adhere to the contribution limitations prescribed in
s. 11.26 and the disbursement limitation prescribed under
s. 11.31, unless each such opponent files an affidavit of voluntary compliance under
s. 11.31 (2m).
11.50(3)(a)(a) Annually on August 15, all moneys appropriated to the fund shall be apportioned as follows by the state treasurer:
11.50(3)(a)1.
1. If an election for state superintendent is scheduled in the following year, 8 percent of the fund shall be placed in a superintendency account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer.
11.50(3)(a)2.
2. If an election for justice is scheduled in the following year, 8 percent of the fund shall be placed in a supreme court account. From this account, an equal amount shall be disbursed to the campaign depository account of each eligible candidate by the state treasurer.
11.50(3)(b)
(b) If a vacancy occurs in the office of state superintendent or justice after August 15 in any year and an election is scheduled to fill the vacancy at the spring election in the following year, the state treasurer shall transfer an amount not exceeding 8 percent of the moneys transferred to the fund on the preceding August 15 to the account for the office in which the vacancy occurs, such moneys to be drawn from any account within the accounts created under
sub. (4) in the amount or amounts specified by the board.
11.50(4)
(4) Partisan and special election candidates. After apportionment under
sub. (3), the remaining moneys shall constitute the partisan campaign account.
11.50(4)(a)
(a) In the partisan campaign account, 25 percent of the moneys shall be apportioned into an executive campaign account and 75 percent of the moneys shall be apportioned into a legislative and special election campaign account.
11.50(4)(b)
(b) The executive campaign account shall be divided into accounts for each executive office as provided in this paragraph. The apportionment of moneys in the executive campaign account shall be made as follows:
11.50(4)(b)1.
1. Sixty-seven percent to be apportioned between all eligible candidates for governor.
11.50(4)(b)2.
2. Eight percent to be apportioned between all eligible candidates for lieutenant governor.
11.50(4)(b)3.
3. Seventeen percent to be apportioned between all eligible candidates for attorney general.
11.50(4)(b)4.
4. Four percent to be apportioned between all eligible candidates for state treasurer.
11.50(4)(b)5.
5. Four percent to be apportioned between all eligible candidates for secretary of state.
11.50(4)(c)
(c) The legislative and special election campaign account shall be divided into a senate campaign account to receive 25 percent of the moneys, and an assembly campaign account to receive 75 percent of the moneys. Each account shall then be apportioned between all eligible candidates for the same office in the entire state. No apportionment shall be made by legislative district.
11.50(4)(cm)
(cm) Each eligible candidate for the same office at a special election shall receive an equal amount, which amount shall be equivalent to the maximum grant which was payable to any candidate for that office at the most recent spring or general election. The amount shall be drawn from the senate campaign account and the assembly campaign account in the same proportions as the balance in each account bears to the total balance in both accounts at the time that payments are made. Whenever there are insufficient moneys in the senate campaign account and the assembly campaign account to make the payments required by this paragraph, payments shall be appropriately reduced or discontinued by the board.
11.50(4)(d)
(d) Within the accounts established under this subsection for each office at each general election, the entire amount of all available moneys shall be apportioned equally to all eligible candidates.
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.
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.
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:
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.
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 percent 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(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).
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).
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 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(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.
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. 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.
11.61(1)(c)
(c) Whoever intentionally violates any provision of this chapter other than those provided in
par. (a) and whoever intentionally violates any provision under
par. (b) where the intentional violation concerns a specific figure which does not exceed $100 in amount or value may be fined not more than $1,000 or imprisoned not more than 6 months or both.
11.61(2)
(2) Except as provided in
s. 11.38 (5), all prosecutions under this section shall be conducted by the district attorney of the county where the violation is alleged to have occurred. If the district attorney refuses to act upon a sworn complaint, or fails to act upon such a complaint within 60 days of the date on which the complaint is received, the attorney general may then conduct the prosecution under this section. If a violation concerns a district attorney or circuit judge or candidate for such offices, the prosecution shall be conducted by the attorney general. If a violation concerns the attorney general or a candidate for such office, the governor may appoint a special prosecutor under
s. 14.11 (2) to conduct the prosecution in behalf of the state. The prosecutor shall be independent of the attorney general and need not be a state employee at the time of appointment.
11.61(3)(a)(a) If a successful candidate for public office, other than a candidate for the legislature, is adjudged guilty in a criminal action of any violation of this chapter under
sub. (1) (a) or
(b), or of any violation of
ch. 12 under
s. 12.60 (1) (a) committed during his or her candidacy, the court shall after entering judgment enter a supplemental judgment declaring a forfeiture of the candidate's right to office. The supplemental judgment shall be transmitted to the officer or agency authorized to issue the certificate of nomination or election to the office for which the person convicted is a candidate. If the candidate's term has not yet begun, the candidate shall not thereafter succeed to office. If the candidate's term has begun, the office shall become vacant. The office shall then be filled in the manner provided by law.
11.61(3)(b)
(b) If a successful candidate for the legislature is adjudged guilty in a criminal action of any violation of this chapter under
sub. (1) (a) or
(b), or of any violation of
ch. 12 under
s. 12.60 (1) (a) committed during his or her candidacy, the court shall after entering judgment certify its findings to the presiding officer of the house of the legislature to which the candidate was elected.
11.61 Annotation
Sub. (1) (a) does not require the state to prove that the defendant had actual knowledge of the violated statute. State v. Dreske,
88 Wis. 2d 60,
276 N.W.2d 324 (Ct. App. 1979).
11.64
11.64
Defense fund authorized. 11.64(1)
(1) Any candidate or public official who is being investigated for, charged with or convicted of a criminal violation of this chapter or
ch. 12, or whose agent is so investigated, charged or convicted, may establish a defense fund for expenditures supporting or defending the candidate or agent, or any dependent of the candidate or agent, while that person is being investigated for, or while the person is charged with or convicted of a criminal violation of this chapter or
ch. 12.
11.64(2)
(2) No person may utilize a contribution received from a contributor to a campaign fund for a purpose for which a defense fund is authorized under
sub. (1) unless the authorization of the contributor is obtained. Notwithstanding
s. 11.25 (2) (a), any contributor may authorize the transfer of all or part of a contribution from a campaign fund to a defense fund.
11.65
11.65
Donations to charitable organizations or school fund. Any registrant may make a donation to a charitable organization or the common school fund from the registrant's campaign treasury. No later than 5 days after a registrant makes a donation to a charitable organization or the common school fund from a campaign treasury, the registrant shall notify the registrant's filing officer in writing of the name of the donee and the date of the donation, and shall provide an explanation for not retaining the amount donated in the registrant's campaign treasury.
11.65 History
History: 2005 a. 451.
11.66
11.66
Elector may compel compliance. Any elector may sue for injunctive relief to compel compliance with this chapter. Before commencing any action concerning a state office or statewide referendum, an elector shall file a verified complaint with the board alleging such facts as are within his or her knowledge to show probable cause to believe that a violation has occurred or is proposed to occur. If the board fails to commence an action within 10 days of the filing of the complaint, the elector may commence an action. Separate from any other bond which may be required by the court, the elector may be required to post a surety bond in an amount determined by the court sufficient to cover the actual costs, including reasonable attorney fees, of both parties. If the elector's action is not successful, he or she shall pay the costs of the action.
11.66 Cross-reference
Cross Reference: See also ss. ElBd 6.04 and 10.04, Wis. adm. code.
