11.38 Cross-reference
Cross Reference: See also s. ElBd 6.04, Wis. adm. code.
11.38 Annotation
An individual illegally furnishing funds from a corporate account may be convicted under s. 11.24 (1). State v. Dreske,
88 Wis. 2d 60,
276 N.W.2d 324 (Ct. App. 1979).
11.38 Annotation
This section's prohibition against corporate political contributions and disbursements is broad and probably would bar, in most cases, purchases of advertising by a corporation in a political party publication. 65 Atty. Gen. 10.
11.40
11.40
Special privileges from public utilities. 11.40(1)(a)
(a) "Public utility" means any corporation, company, individual or association which furnishes products or services to the public, and which is regulated under
ch. 195 or
196, including but not limited to, railroads, telecommunications or telegraph companies and any company furnishing or producing heat, light, power or water.
11.40(1)(b)
(b) "Special privilege" or "privilege" means anything of value not available to the general public. The term does not include compensation or fringe benefits provided as a result of employment by a public utility to regular employees or pensioners who are not compensated specifically for services performed for a political purpose, and not in excess of that provided to other regular employees or pensioners of like status.
11.40(2)
(2) No public utility or anyone connected therewith may offer or give any special privilege to any candidate for public office or any committee or its members or employees, or any individual under
s. 11.06 (7), or to any 3rd party at the request of or for the advantage of any of them.
11.40(3)
(3) No candidate for public office or any committee or member or employee thereof or any individual under
s. 11.06 (7) may ask for or accept any special privilege from any public utility.
11.40(4)
(4) This section does not apply to notaries public or to regular public utility employees or pensioners who are candidates for or hold public offices for which the annual compensation is not more than $300 so long as the privilege does not exceed those extended to other regular employees or pensioners of the utility.
11.50
11.50
Wisconsin election campaign fund. 11.50(1)
(1)
Definitions. For the purposes of this section:
11.50(1)(a)1.
1. With respect to a spring or general election, any individual who is certified under
s. 7.08 (2) (a) as a candidate in the spring election for justice or state superintendent, or an individual who receives at least 6% of the vote cast for all candidates on all ballots for any state office, except district attorney, for which the individual is a candidate at the September primary and who is certified under
s. 7.08 (2) (a) as a candidate for that office in the general election, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at the spring or general election; and who has qualified for a grant under
sub. (2).
11.50(1)(a)2.
2. With respect to a special election, an individual who is certified under
s. 8.50 (1) (d) as a candidate in a special election for state superintendent, or an individual who is certified under
s. 8.50 (1) (d) as a candidate in a special election for any state office, except district attorney, on the ballot or column of a party whose candidate for the same office at the preceding general election received at least 6 percent of the vote cast for all candidates on all ballots for the office, or an individual who has been lawfully appointed and certified to replace either such individual on the ballot at a special election, or an individual who receives at least 6 percent of the vote cast for all candidates on all ballots for any state office, except district attorney, at a partisan special election; and who qualifies for a grant under
sub. (2). Where the boundaries of a district in which an individual seeks office have been changed since the preceding general election such that it is not possible to calculate the exact number of votes that are needed by that individual to qualify as an eligible candidate prior to an election under this subdivision, the number of votes cast for all candidates for the office at the preceding general election in each ward, combination of wards or municipality which is wholly contained within the boundaries of the newly formed district shall be calculated. If the candidate of the political party on whose ballot or column the individual appears in the newly formed district obtained at least 6 percent of the number of votes calculated, the individual is deemed to qualify as an eligible candidate prior to the election under this subdivision.
11.50(1)(b)
(b) "Fund" means the Wisconsin election campaign fund.
11.50(1)(c)
(c) "Grant" means a contribution received from the fund.
11.50(1)(d)
(d) "Printing services" means printing, imprinting, lithographing, photolithographing, rotogravure, gravure, letterpress, mimeographing, stenciling, photostating, multilithing, multigraphing, steel die engraving, silkscreening or by any other means reproducing or manufacturing political advertisements or campaign devices of any kind, including but not limited to campaign literature, billboard advertising, special clothing, buttons, pens, stickers, banners and streamers, in support of or in opposition to any candidate, political party or referendum, whether or not a charge is assessed for the materials or services, except materials or services provided by a candidate or individual, committee or group subject to a filing requirement under this chapter.
11.50(2)
(2) Participation; application. 11.50(2)(a)(a) Any individual who desires to qualify as an eligible candidate may file an application with the board requesting approval to participate in the fund. The application shall be filed no later than the applicable deadline for filing nomination papers under
s. 8.10 (2) (a),
8.15 (1),
8.20 (8) (a) or
8.50 (3) (a), no later than 4:30 p.m. on the 7th day after the primary or date on which the primary would be held if required in the case of write-in candidates, or no later than 4:30 p.m. on the 7th day after appointment in the case of candidates appointed to fill vacancies. The application shall contain a sworn statement that the candidate and his or her authorized agents have complied with the contribution limitations prescribed in
s. 11.26 and the disbursement limitations prescribed under
s. 11.31 at all times to which such limitations have applied to his or her candidacy and will continue to comply with the limitations at all times to which the limitations apply to his or her candidacy for the office in contest, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under
par. (h), or
par. (i) applies.
11.50(2)(b)
(b) The board shall approve the application of an eligible candidate for participation if:
11.50(2)(b)3.
3. The candidate has an opponent who is certified for placement on the election ballot as a candidate for the same office;
11.50(2)(b)4.
4. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that his or her statement filed with the application under
par. (a) is true; and
11.50(2)(b)5.
5. The financial reports filed by or on behalf of the candidate as of the date of the spring or September primary, or the date that the special primary is or would be held, if required, indicate that the candidate has received at least the amount provided in this subdivision, from contributions of money, other than loans, made by individuals, which have been received during the period ending on the date of the spring primary and July 1 preceding such date in the case of candidates at the spring election, or the date of the September primary and January 1 preceding such date in the case of candidates at the general election, or the date that a special primary will or would be held, if required, and 90 days preceding such date or the date a special election is ordered, whichever is earlier, in the case of special election candidates, which contributions are in the aggregate amount of $100 or less, and which are fully identified and itemized as to the exact source thereof. A contribution received from a conduit which is identified by the conduit as originating from an individual shall be considered a contribution made by the individual. Only the first $100 of an aggregate contribution of more than $100 may be counted toward the required percentage. For a candidate at the spring or general election for an office identified in
s. 11.26 (1) (a) or a candidate at a special election, the required amount to qualify for a grant is 5 percent of the candidate's authorized disbursement limitation under
s. 11.31. For any other candidate at the general election, the required amount to qualify for a grant is 10 percent of the candidate's authorized disbursement limitation under
s. 11.31.
11.50(2)(c)
(c) If a candidate has not filed financial reports as of the date of the spring primary, September primary, special primary, or date that the special primary would be held, if required, which indicate that he or she has met the qualification under
par. (b) 5., the candidate may file a special report with the board. Such report shall be filed not later than the 7th day after the primary, or 7th day after the date the primary would be held, if required, and shall include such supplementary information as to sources of contributions which may be necessary to complete the candidate's qualification. The special report shall cover the period from the day after the last date covered on the candidate's most recent report, or from the date on which the first contribution was received or the first disbursement was made, whichever is earlier, if the candidate has not previously filed a report, to the date of such report. All information included on the special report shall also be included in the candidate's next report under
s. 11.20.
11.50(2)(d)
(d) For purposes of qualification under
par. (b) 4. and
5., the financial reports of a former candidate are considered to be same as if filed by the candidate who is lawfully appointed to replace such candidate whenever a vacancy after nomination occurs.
11.50(2)(e)
(e) Whenever a candidate who files nomination papers is unopposed on the deadline for filing such papers but is later opposed by a write-in candidate who qualifies for ballot placement, the application deadline under
par. (a) is the same for the candidate who files nomination papers as for his or her opponent.
11.50(2)(f)
(f) The board shall inform each candidate in writing of the approval or disapproval of the candidate's application, as promptly as possible after the date of the spring primary, September primary, special primary, or date that the primary would be held, if required. With respect to a candidate at a special election who applies for a postelection grant under
sub. (1) (a) 2., the board shall inform the candidate in writing of the conditional approval or disapproval of the candidate's application at the same time.
11.50(2)(g)
(g) A candidate who voluntarily files an application to receive a grant in accordance with this subsection accepts and agrees to comply with the contribution limitations prescribed in
s. 11.26 and the disbursement limitations imposed under
s. 11.31 as binding upon himself or herself and his or her agents during the campaign as defined in
s. 11.31 (7), as a precondition to receipt of a grant under this section, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws the application under
par. (h), or
par. (i) applies.
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.
