11.22(1)
(1) Obtain the forms and manuals prescribed by the board under
s. 11.21 (1),
(3) and
(14) and election laws provided by the board under
s. 7.08 (4). The officer shall furnish forms without charge to all persons who are required to file reports or statements with the officer, and shall furnish copies of manuals without charge, upon request, to all persons who are required to file reports or statements with the officer. The officer shall distribute copies of the election laws received from the board to election officials without charge. The officer shall furnish copies of manuals and election laws to other persons at cost.
11.22(2)
(2) Develop a filing, coding and cross-indexing system consonant with the purposes of this chapter.
11.22(3)
(3) Furnish to each registrant prescribed forms for the making of reports and statements. Forms shall be sent by 1st class mail not earlier than 21 days and not later than 14 days prior to the applicable filing deadline under
s. 11.20 and addressed to the attention of the treasurer or other person indicated on the registration statement. Forms need not be sent to a registrant who has made an indication that aggregate contributions, disbursements and obligations will not exceed the amount specified under
s. 11.05 (2r) or to a registrant who has been granted a suspension under
s. 11.19 (2). Whenever any notice of the filing requirements under this chapter is sent to a candidate's campaign treasurer, the filing officer shall also send a notice to the candidate if he or she has appointed a separate treasurer. Failure to receive any form or notice does not exempt a registrant from compliance with this chapter.
11.22(4)
(4) Notify the board and the district attorney, or the attorney general where appropriate under
s. 5.05 (2m) (i), in writing, of any facts within the filing officer's knowledge or evidence in the officer's possession, including errors or discrepancies in reports or statements and delinquencies in filing which may be grounds for civil action or criminal prosecution. The filing officer shall transmit a copy of such notification to the board. The board and the district attorney or the attorney general shall advise the filing officer in writing at the end of each 30-day period of the status of such matter until the time of disposition.
11.22(5)
(5) Make available a list of delinquents for public inspection.
11.22(6)
(6) Compile and maintain a current list of all reports and statements or parts thereof pertaining to each candidate, individual, committee or group.
11.22(8)
(8) Make the reports and statements filed with the filing officer available for public inspection and copying, commencing as soon as practicable but not later than the end of the 2nd day following the day during which they are received, and permit copying of any report or statement by hand or by duplicating machine at cost, as requested by any person. No information copied from such reports and statements may be sold or utilized by any person for the purpose of soliciting contributions from individuals identified in the reports or statements or for any commercial purpose.
11.22(9)
(9) Determine whether each financial report or statement required to be filed under this chapter has been filed in the form and by the time prescribed by law, and whether it conforms on its face to the requirements of this chapter. The officer shall immediately send to any registrant who is delinquent in filing, or who has filed otherwise than in the proper form, a notice that the registrant has failed to comply with this chapter. Whenever a candidate has appointed another person as campaign treasurer, the filing officer shall send the notice to both persons.
11.22(10)
(10) Place a copy of any separate schedule under
s. 11.06 (1) (j) received with the financial report of an individual or committee filing an oath under
s. 11.06 (7) in the file of each candidate to whom it relates.
11.23
11.23
Political groups and individuals; referendum questions. 11.23(1)(1) Any group or individual may promote or oppose a particular vote at any referendum in this state. Except as authorized in
s. 11.05 (12) (b) and
(13), before a group makes or accepts contributions, makes disbursements, or incurs obligations in excess of $750 in the aggregate in a calendar year for such purposes, and before an individual accepts contributions, makes disbursements, or incurs obligations in excess of $750 in the aggregate in a calendar year for such purposes, the group or individual shall file a registration statement under
s. 11.05 (1),
(2) or
(2r). In the case of a group the name and mailing address of each of its officers shall be given in the statement. Every group and every individual under this section shall designate a campaign depository account under
s. 11.14. Every group shall appoint a treasurer, who may delegate authority but is jointly responsible for the actions of his or her authorized designee for purposes of civil liability under this chapter. The appropriate filing officer shall be notified by a group of any change in its treasurer within 10 days of the change under
s. 11.05 (5). The treasurer of a group shall certify the correctness of each statement or report submitted by it under this chapter.
11.23(2)
(2) Any anonymous contribution exceeding $10 received by an individual or group treasurer may not be used or expended. The contribution shall be donated to the common school fund or to any charitable organization at the option of the treasurer.
11.23(3)
(3) All contributions, disbursements and incurred obligations exceeding $10 shall be recorded by the group treasurer or the individual. He or she shall maintain such records in an organized and legible manner, for not less than 3 years after the date of a referendum in which the group or individual participates. If a report is submitted under
s. 11.19 (1), the records may be transferred to a continuing group or to the appropriate filing officer for retention. Records shall include the information required under
s. 11.06 (1).
11.23(4)
(4) Each group or individual shall file periodic reports as provided in
ss. 11.06,
11.19 and
11.20. Every individual acting for the purpose of influencing the outcome of a referendum shall be deemed his or her own treasurer. No disbursement may be made or obligation incurred by or on behalf of a group without the authorization of the treasurer or the treasurer's designated agents. No contribution may be accepted and no disbursement may be made or obligation incurred by any group at a time when there is a vacancy in the office of treasurer.
11.23(5)
(5) If a group which operates as a political committee has filed a single registration statement, any report of that group which concerns activities being carried on as a political committee under this chapter shall contain a separate itemization of such activities, whenever itemization is required.
11.23(6)
(6) If any contribution or contributions of $500 or more cumulatively are received by a group or individual supporting or opposing the adoption of a referendum question from a single contributor later than 15 days prior to an election such that it is not included in the preprimary or preelection report submitted under
s. 11.20 (3), the treasurer of the group or the individual receiving the contribution shall within 24 hours of receipt inform the appropriate filing officer of the information required under
s. 11.06 (1) in such manner as the board may prescribe. The information shall also be included in the treasurer's or individual's next regular report. For purposes of the reporting requirement under this subsection, only contributions received during the period beginning with the day after the last date covered on the preelection report, and ending with the day before the election need be reported.
11.23 Cross-reference
Cross-reference: See also s.
GAB 6.04, Wis. adm. code.
11.23 Annotation
If narrowly construed to apply only to financial transactions directly related to express advocacy of a particular result in a referendum, this section is constitutional. 65 Atty. Gen. 145.
11.23 Annotation
A school board that informs the electorate of facts pertinent to the subject of a school district referendum and does not expressly advocate for a particular need not register or file campaign financing reports under ch. 11. 68 Atty. Gen. 167.
11.23 Annotation
Limitations on contributions to committees formed to support or oppose referenda are discussed. Citizens Against Rent Control v. Berkeley,
454 U.S. 290 (1981).
11.23 Annotation
This section is is unconstitutional, as applied to the plaintiff's case — an individual advocating against the adoption of a local referendum. The government's asserted interests: 1) to provide for an informed electorate; 2) to prevent corruption or the appearance thereof in the democratic process; and 3) to maintain the integrity of the electoral process, lack sufficient importance to justify the more burdensome reporting requirements of this section. While referendum questions may often appear on the same ballot as candidate elections, they are fundamentally different. The public's interest in knowing the source of political money and how it is spent is substantially diminished in the context of this section. Hatchett v. Barland,
816 F. Supp. 2d 583 (2011).
11.24
11.24
Unlawful political contributions. 11.24(1)
(1) No person may, directly or indirectly, make any contribution other than from funds or property belonging to the contributor. No person may, directly or indirectly, furnish funds or property to another person for the purpose of making a contribution in other than the person's own name. No person may intentionally accept or receive any contribution made in violation of this subsection.
11.24(2)
(2) No person may intentionally accept or receive any contribution made in violation of this chapter.
11.24 Annotation
The unit of prosecution under sub. (1) is every transfer of funds to another person accompanied by the false listing of any single contributor. An individual illegally furnishing funds from a corporate account may be convicted under sub. (1). State v. Dreske,
88 Wis. 2d 60,
276 N.W.2d 324 (Ct. App. 1979).
11.25
11.25
Unlawful political disbursements and obligations. 11.25(1)(1) No person, committee or group may intentionally receive or accept anything of value, or any promise or pledge thereof, constituting a disbursement made or obligation incurred for political purposes contrary to law.
11.25(2)(a)(a) No person, committee or group may make or authorize a disbursement or the incurrence of an obligation from moneys solicited for political purposes for a purpose which is other than political, except as specifically authorized by law.
11.25(2)(b)
(b) Notwithstanding
par. (a), a registrant may accept contributions and make disbursements from a campaign depository account for the purpose of making expenditures in connection with a campaign for national office; for payment of civil penalties incurred by the registrant under this chapter but not under any other chapter; for the purpose of making a donation to a charitable organization or the common school fund; or for payment of the expenses of nonpartisan campaigns to increase voter registration or participation. Notwithstanding
par. (a), a personal campaign committee or support committee may accept contributions and make disbursements from a campaign depository account for payment of inaugural expenses of an individual who is elected to state or local office. If such expenses are paid from contributions made to the campaign depository account, they are reportable under
s. 11.06 (1) as disbursements. Otherwise, such expenses are not reportable under
s. 11.06 (1). If contributions from the campaign depository account are used for such expenses, they are subject to
s. 11.26.
11.25(3)
(3) No moneys solicited for political purposes and reported under this chapter may be invested for the purpose of producing income unless the investment is in direct obligations of the United States and of agencies and corporations wholly owned by the United States, commercial paper maturing within one year from the date of investment, preferred shares of a corporation, an interest-bearing account at any financial institution as defined in
s. 705.01 (3) or securities of an investment company registered under the federal investment company act of 1940 (
15 USC 80a) and registered for public offer and sale in this state of the type commonly referred to as a "money market fund".
11.26
11.26
Limitation on contributions. 11.26(1)
(1) No individual may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under
s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:
11.26(1)(a)
(a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent, or justice, $10,000.
11.26(1)(c)
(c) Candidates for representative to the assembly, $500.
11.26(1)(cc)
(cc) Candidates for court of appeals judge in districts which contain a county having a population of more than 500,000, $3,000.
11.26(1)(cg)
(cg) Candidates for court of appeals judge in other districts, $2,500.
11.26(1)(cn)
(cn) Candidates for circuit judge in circuits having a population of more than 300,000, or candidates for district attorney in prosecutorial units having a population of more than 300,000, $3,000.
11.26(1)(cw)
(cw) Candidates for circuit judge in other circuits or candidates for district attorney in other prosecutorial units, $1,000.
11.26(1)(d)
(d) Candidates for local offices, an amount equal to the greater of the following:
11.26(1)(d)2.
2. One cent times the number of inhabitants of the jurisdiction or district, according to the latest federal census or the census information on which the district is based, as certified by the appropriate filing officer, but not more than $3,000.
11.26(2)
(2) No committee other than a political party committee or legislative campaign committee may make any contribution or contributions to a candidate for election or nomination to any of the following offices and to any individual or committee under
s. 11.06 (7) acting solely in support of such a candidate or solely in opposition to the candidate's opponent to the extent of more than a total of the amounts specified per candidate:
11.26(2)(a)
(a) Candidates for governor, lieutenant governor, secretary of state, state treasurer, attorney general, state superintendent, or justice, 4 percent of the value of the disbursement level specified in the schedule under
s. 11.31 (1).
11.26(2)(c)
(c) Candidates for representative to the assembly, $500.
11.26(2)(cc)
(cc) Candidates for court of appeals judge in districts which contain a county having a population of more than 500,000, $3,000.
11.26(2)(cg)
(cg) Candidates for court of appeals judge in other districts, $2,500.
11.26(2)(cn)
(cn) Candidates for circuit judge in circuits having a population of more than 300,000, or candidates for district attorney in prosecutorial units having a population of more than 300,000, $3,000.
11.26(2)(cw)
(cw) Candidates for circuit judge in other circuits or candidates for district attorney in other prosecutorial units, $1,000.
11.26(2)(e)
(e) Candidates for local offices, an amount equal to the greater of the following:
11.26(2)(e)2.
2. Three-fourths of one cent times the number of inhabitants of the jurisdiction or district, according to the latest federal census or the census information on which the district is based, as certified by the appropriate filing officer, but not more than $2,500.
11.26(3)
(3) The contribution limitations of
subs. (1) and
(2) apply cumulatively to the entire primary and election campaign in which a candidate participates, whether or not there is a contested primary election. The total limitation may be apportioned in any manner desired between the primary and election. All moneys cumulate regardless of the time of contribution.
11.26(4)
(4) No individual may make any contribution or contributions to all candidates for state and local offices and to any individuals who or committees which are subject to a registration requirement under
s. 11.05, including legislative campaign committees and committees of a political party, to the extent of more than a total of $10,000 in any calendar year.
11.26 Note
NOTE: The U.S. Seventh Circuit Court of Appeals in Wisconsin Right to Life v. Barland,
664 F.3d 139 (2011), held sub. (4) to unconstitutional o the extent that it limits contributions to committees engaged solely in independent spending for political speech.
11.26(5)
(5) The contribution limits provided in
subs. (1) and
(4) do not apply to a candidate who makes any contribution or contributions to his or her own campaign for office from the candidate's personal funds or property or the personal funds or property which are owned jointly or as marital property with the candidate's spouse, with respect to any contribution or contributions made to that candidate's campaign only. A candidate's personal contributions shall be deposited in his or her campaign depository account and reported in the normal manner.
11.26(6)
(6) When a candidate adopts a preexisting support committee as his or her personal campaign committee, the support committee is deemed to have been the same committee as the candidate's personal campaign committee for purposes of the application of
subs. (1),
(2) and
(9). The limitations prescribed in
subs. (2) and
(9) do not apply to the transfer of contributions which is made at the time of such adoption, but do apply to the contributions which have been made by any other committee to the support committee at the time of adoption.
11.26(8)(a)(a) No political party as defined in
s. 5.02 (13) may receive more than a total of $150,000 in value of its contributions in any biennium from all other committees, excluding contributions from legislative campaign committees and transfers between party committees of the party. In this paragraph, a biennium commences with January 1 of each odd-numbered year and ends with December 31 of each even-numbered year.
11.26(8)(b)
(b) No such political party may receive more than a total of $6,000 in value of its contributions in any calendar year from any specific committee or its subunits or affiliates, excluding legislative campaign and political party committees.
11.26(8)(c)
(c) No committee, other than a political party or legislative campaign committee, may make any contribution or contributions, directly or indirectly, to a political party under
s. 5.02 (13) in a calendar year exceeding a total value of $6,000.
11.26(9)(a)(a) No individual who is a candidate for state or local office may receive and accept more than 65 percent of the value of the total disbursement level determined under
s. 11.31 for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party and legislative campaign committees.
11.26(9)(b)
(b) No individual who is a candidate for state or local office may receive and accept more than 45 percent of the value of the total disbursement level determined under
s. 11.31 for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement.
11.26(11)
(11) Excess contributions shall be returned to the donor or treated in accordance with
s. 11.12 (2) or
11.23 (2), at the option of the treasurer.
11.26(12)
(12) In computing the limitations under this section, any transfer of funds between the candidates for governor and lieutenant governor of the same political party in the general election may be excluded.
11.26(12m)
(12m) For purposes of this section, a contribution of money received from a conduit identified in the manner prescribed in
s. 11.06 (11) (a) shall be considered a contribution received from the original contributor.
11.26(13m)
(13m) Contributions utilized for the following purposes are not subject to limitation by this section:
11.26(13m)(a)
(a) For the purpose of payment of legal fees and other expenses incurred as a result of a recount at an election.
11.26(13m)(b)
(b) For the purpose of payment of legal fees and other expenses incurred in connection with the circulation, offer to file or filing, or with the response to the circulation, offer to file or filing, of a petition to recall an officer prior to the time a recall primary or election is ordered, or after that time if incurred in contesting or defending the order.
11.26(14)
(14) No candidate or committee may receive and accept any contribution or contributions made in violation of this section.
11.26(15)
(15) The fact that 2 or more committees, other than personal campaign committees, utilize common policies and practices concerning the endorsement of candidates or agree to make contributions only to such endorsed candidates does not affect the right of each committee independently to make contributions up to the amount specified under
sub. (2).
11.26(16)
(16) Contributions 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 contribution by that candidate.
11.26(17)(a)(a) For purposes of application of the limitations imposed in
subs. (1),
(2), and
(9), the "campaign" of a candidate begins and ends at the times specified in this subsection.
11.26(17)(b)
(b) In the case of a candidate who has not been a candidate in a previous election for which he or she continues to be registered under
s. 11.05, the "campaign" of the candidate begins when the candidate or the candidate's personal campaign committee is required to file a registration statement with the appropriate filing officer.
11.26(17)(c)
(c) In the case of a candidate who has been a candidate in a previous election for which he or she continues to be registered under
s. 11.05, the "campaign" of the candidate begins on the day after the closing date for the period covered by the first financial report filed by or on behalf of the candidate subsequent to the date of the previous election, or if the candidate has incurred obligations from a previous campaign, the date on which the candidate receives sufficient contributions to retire those obligations, whichever is later, except that the "campaign" of a candidate at a special election begins when the candidate or the candidate's personal campaign committee is required to file or change the information on a registration statement as a result of the candidacy.
11.26(17)(d)
(d) In the case of any candidate at the spring primary or election or the partisan primary or general election, the "campaign" of the candidate ends on June 30 or December 31 following the date on which the election or primary is held in which the candidate is elected or defeated, or the date on which the candidate receives sufficient contributions to retire any obligations incurred in connection with that contest, whichever is later. In the case of any candidate at a special primary or election, the "campaign" of the candidate ends on the last day of the month following the month in which the primary or election is held in which the candidate is elected or defeated, or the date on which the candidate receives sufficient contributions to retire any obligations incurred in connection with that contest, whichever is later.
11.26(17)(e)
(e) The campaign of a candidate in a future election who has incurred obligations from a previous campaign may begin before the candidate receives sufficient contributions to retire all obligations incurred in connection with the previous campaign, but may not begin before the day after the closing date for the period covered by the first financial report filed by or on behalf of the candidate subsequent to the date of the previous election except as provided for a special election under
par. (c).
11.26(17)(f)
(f) Notwithstanding
pars. (b) to
(d), contributions for inaugural expenses paid by a candidate, personal campaign committee or support committee authorized under
s. 11.05 (3) (p) from a campaign depository account are subject to the limitations of this section, but the registrant paying the expenses may elect to charge the contributions to a present or possible future campaign of the individual in connection with whose inauguration the expenses are paid.
11.26 History
History: 1973 c. 334;
1975 c. 93 ss.
89 to
95,
119 (1);
1975 c. 200;
1977 c. 107,
187;
1977 c. 427 s.
132;
1979 c. 263,
328;
1979 c. 355 s.
32;
1983 a. 183,
186;
1985 a. 303 ss.
44 to
55m,
86;
1987 a. 27,
370;
1989 a. 31,
192;
1995 a. 27 s.
9145 (1);
1995 a. 219,
225;
1999 a. 32;
2001 a. 109;
2005 a. 177;
2009 a. 89,
216;
2011 a. 32,
75; s. 35.17 correction in (1) (d) 1.
11.26 Note
NOTE: 1985 Wis. Act 303, s.
1, states legislative intent regarding political party and legislative campaign committees' independent expenditures.
