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)(b)
(b) If a vacancy occurs in the office of state superintendent 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 superintendency account, 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.
GAB 6.04, Wis. adm. code.
11.50 Annotation
This section's limits on primary election campaign expenditures are constitutional. 67 Atty. Gen. 321.
11.501(1)
(1) "Allowable contribution" means a qualifying contribution, seed money contribution, or personal contribution authorized under
ss. 11.502 to
11.522.
11.501(3)
(3) "Election campaign period" means the period beginning on the day after the spring primary election or the day on which a primary election would be held, if required, and ending on the day of the succeeding spring election.
11.501(4)
(4) "Eligible candidate" means a candidate for the office of justice who has an opponent who has qualified to have his or her name certified for placement on the ballot at the spring primary or election and who qualifies for a public financing benefit by collecting the required number of qualifying contributions, making all required reports and disclosures, and being certified by the board as being in compliance with
ss. 11.502 to
11.522.
11.501(5)
(5) "Excess disbursement amount" means the amount of disbursements made by a nonparticipating candidate in excess of the public financing benefit available to an eligible candidate for the same office that the nonparticipating candidate seeks.
11.501(6)
(6) "Excess qualifying contribution amount" means the amount of qualifying contributions accepted by a candidate beyond the number or dollar amount of contributions required to qualify a candidate for a public financing benefit.
11.501(7)
(7) "Exploratory period" means the period that begins after the date of a spring election immediately preceding a public financing qualifying period and ends on the first day of the public financing qualifying period for the next election for justice.
11.501(9)
(9) "Immediate family," when used with reference to a candidate, includes the candidate's spouse and children.
11.501(10)
(10) "Independent disbursement" means a disbursement by a person expressly advocating the election or defeat of a clearly identified candidate which is made without cooperation or consultation with a candidate, or any authorized committee or agent of a candidate, and which is not made in concert with, or at the request or suggestion of, any candidate, or any authorized committee or agent of a candidate.
11.501(11)
(11) "Nonparticipating candidate" means a candidate for the office of justice who does not apply for a public financing benefit or who is otherwise ineligible or fails to qualify for a public financing benefit under
ss. 11.502 to
11.522.
11.501(12)
(12) "Personal funds" means funds contributed by a candidate or a member of a candidate's immediate family.
11.501(13)
(13) "Primary election campaign period" means the period beginning on the day after the last day prescribed by law for filing nomination papers for the office of justice and ending on the day of the spring primary election for that office or the day on which the primary election would be held, if required.
11.501(14)
(14) "Public financing benefit" means a benefit provided to an eligible candidate under
ss. 11.502 to
11.522.
11.501(15)
(15) "Public financing qualifying period" means, for each election for the office of justice, the period beginning on the first day of July of the year immediately preceding the year of that election and ending on the day before the beginning of the primary election campaign period for that office.
11.501(16)
(16) "Qualifying contribution" means a contribution in an amount of not less than $5 nor more than $100 made to a candidate by an elector of this state during the public financing qualifying period, which is acknowledged by written receipt identifying the contributor.
11.501(17)
(17) "Seed money contribution" means a contribution in an amount of not more than $100 made to a candidate by an elector of this state during the exploratory period or the public financing qualifying period, or a contribution made to a candidate consisting of personal funds of that candidate in an amount not more than the amount authorized under
s. 11.507 during the exploratory period or the public financing qualifying period.
11.501 History
History: 2009 a. 89,
216.
11.502
11.502
Qualification; certification. 11.502(1)
(1) Before a candidate for justice in the primary election may be certified as an eligible candidate to receive a public financing benefit for the primary election campaign period, the candidate shall apply to the board for a public financing benefit and file a sworn statement that the candidate has complied and will comply with all requirements of this section and
ss. 11.503 to
11.522 throughout the applicable campaign, which includes the primary and election for that office. A candidate shall file the application and statement no later than the beginning of the primary election campaign period for the office that the candidate seeks.
11.502(2)
(2) A candidate shall be certified by the board as an eligible candidate for receipt of a public financing benefit for a primary election if the candidate complies with
sub. (1) and receives qualifying contributions from at least 1,000 separate contributors in an aggregate amount of not less than $5,000 nor more than $15,000 before the close of the public financing qualifying period.
11.502(3)
(3) The board shall verify a candidate's compliance with the requirements of
sub. (2) by such verification and sampling techniques as the board considers appropriate.
11.502(4)(a)
(a) Acknowledge each qualifying contribution by a receipt to the contributor which contains the contributor's name and home address.
11.502(4)(b)
(b) No later than the 15th or the last day of the month which immediately follows the date of receipt of a qualifying contribution, whichever comes first, file a copy of the receipt under
par. (a) with the board, except that during July, August, and September a copy need only be filed by the last day of the month.
11.502(5)
(5) A qualifying contribution may be utilized only for the purpose of making a disbursement authorized by law.
11.502 History
History: 2009 a. 89.
11.503
11.503
Time of application. 11.503(1)(1) Before a candidate may be certified as eligible for receipt of a public financing benefit for the spring election, the candidate shall apply to the board and file a sworn statement that the candidate has fulfilled all the requirements of
ss. 11.502 to
11.522 during the primary election campaign period and will comply with such requirements during the election campaign period. Except as authorized in
s. 8.35 (4) (b), the application shall be filed no later than the 7th day after the date of the spring primary or the day on which the primary election would be held if a primary were required.
11.503(2)
(2) The board shall certify a candidate as an eligible candidate for receipt of a public financing benefit for the spring election if the candidate complies with
sub. (1) and the candidate was an eligible candidate during the primary election campaign period.
11.503 History
History: 2009 a. 89.
11.505
11.505
Agreement by candidate. An eligible candidate who accepts a public financing benefit under
ss. 11.502 to
11.522 during the primary election campaign period shall agree to comply with all requirements of
ss. 11.502 to
11.522 throughout the election campaign period during the same campaign as a precondition to receipt of a public financing benefit. An eligible candidate who accepts a public financing benefit during a primary election campaign period may not elect to accept private contributions in violation of
ss. 11.502 to
11.522 during the corresponding election campaign period.
11.505 History
History: 2009 a. 89.
11.506
11.506
Requirements imposed upon candidates. 11.506(1)(1) An eligible candidate shall not accept private contributions other than seed money contributions and qualifying contributions that the candidate accepts during the exploratory period and the public financing qualifying period.
11.506(2)
(2) In addition to reports required to be filed under
ss. 11.12 (5) and
11.20, a candidate who receives a public financing benefit shall furnish complete financial records, including records of seed money contributions, qualifying contributions, and disbursements, to the board on the 15th or the last day of the month that immediately follows the receipt of the contribution or the making of the disbursement, whichever comes first, except that during July, August, and September records need only be furnished by the last day of the month. Each such candidate shall cooperate with any audit or examination by the board.
11.506(3)
(3) In addition to adhering to requirements imposed under
ss. 11.06 (5) and
11.12 (3), a candidate who receives a public financing benefit shall maintain records of all contributions received by the candidate of more than $5 but less than $50, including seed money contributions and qualifying contributions, which shall contain the full name of the contributor and the contributor's full home address. In addition, if a contributor's aggregate contributions to any candidate exceed $50 for any campaign, the candidate shall also maintain a record of the contributor's principal occupation and the name and business address of the contributor's place of employment.
11.506(4)
(4) The failure to record or provide the information specified in
sub. (3) disqualifies a contribution from being used by a candidate as a qualifying contribution.
11.506(5)
(5) No eligible candidate and no person acting on a candidate's behalf may deposit any contribution that is not recorded in accordance with
sub. (3) in a candidate's campaign depository account.
11.506(6)
(6) No eligible candidate may accept more than $25 in cash from any contributor. No eligible candidate may accept cash from all sources in a total amount greater than one-tenth of 1 percent of the public financing benefit for the office that the candidate seeks or $500, whichever is greater.
11.506 History
History: 2009 a. 89.
11.507
11.507
Personal funds of candidates. 11.507(1)
(1) The personal funds of a candidate contributed as seed money contributions may not exceed an aggregate amount of $5,000.
11.507(2)
(2) No eligible candidate may make any disbursement derived from personal funds after the close of the public financing qualifying period.
11.507 History
History: 2009 a. 89.
11.508
11.508
Seed money contributions. 11.508(1)
(1) An eligible candidate may accept seed money contributions from any individual or committee prior to the end of the public financing qualifying period, provided the total contributions received from one contributor, except personal funds and qualifying contributions otherwise permitted under
ss. 11.502 to
11.522, do not exceed $100, and the aggregate contributions, including personal funds, but not including qualifying contributions, do not exceed $5,000.
11.508(2)
(2) An eligible candidate may make disbursements derived from seed money contributions only during the exploratory period and the public financing qualifying period.
