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.
GAB 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 or
193, 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).
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, a cooperative, or an unincorporated cooperative association 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.
11.38(3)
(3) A violation of this section by an officer or employee of a corporation is prima facie evidence of a violation by the corporation.
11.38(4)
(4) Any corporation which violates this section shall forfeit double the amount of any penalty assessed under
s. 11.60 (3).
11.38(6)
(6) Any individual or campaign treasurer who receives funds in violation of this section shall promptly return such funds to the contributor or donate the funds to the common school fund or a charitable organization, at the treasurer's option.
11.38(7)
(7) This section may not be construed to authorize any national bank or any corporation organized by authority of any law of congress to make a contribution or expenditure as defined by federal law in connection with any election to state or local office which is prohibited by federal law.
11.38(8)(a)(a) A corporation or association organized under
ch. 185 or
193 which accepts contributions or makes disbursements for the purpose of influencing the outcome of a referendum is a political group and shall comply with
s. 11.23 and other applicable provisions of this chapter.
11.38(8)(b)
(b) Except as authorized in
s. 11.05 (12) (b) and
(13), prior to making any disbursement exceeding the amount specified under
s. 11.23 (1) on behalf of a political group which is promoting or opposing a particular vote at a referendum and prior to accepting any contribution or making any disbursement exceeding that amount to promote or oppose a particular vote at a referendum, a corporation or association organized under
ch. 185 or
193 that becomes subject to a registration requirement under
s. 11.23 (1) shall register with the appropriate filing officer specified in
s. 11.02 and appoint a treasurer. The registration form of the corporation or association under
s. 11.05 shall designate an account separate from all other corporation or association accounts as a campaign depository account, through which all moneys received or expended for the adoption or rejection of the referendum shall pass. The corporation or association shall file periodic reports under
s. 11.20 providing the information required under
s. 11.06 (1).
11.38(8)(c)
(c) Expenditures by a corporation or association to establish and administer a campaign depository account of a political group need not be made through the depository account and need not be reported.
11.38 Cross-reference
Cross-reference: See also s.
GAB 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.
11.38 Annotation
The government may regulate corporate political speech through disclaimer and disclosure requirements, but it may not suppress that speech altogether. Federal law prohibiting corporations and unions from using their general treasury funds to make independent expenditures for speech defined as an "electioneering communication" or for speech expressly advocating the election or defeat of a candidate is unconstitutional. Citizens United v. Federal Election Commission, 558 U.S. ___,
130 S. Ct. 876,
175 L. Ed. 2d 753 (2010).
11.38 Annotation
The reasoning and conclusion of Citizens United are clearly applicable to sub. (1) (a) 1. and any ban on corporate independent expenditures under Wisconsin law violates the guarantees of freedom of speech and association under the 1st Amendment, as made applicable to the states by the 14th amendment. Citizens United, however, does not appear to have any direct and immediate impact on the validity of those portions of s. 11.38 that do not involve corporate independent expenditures.
OAG 5-10 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 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.
