11.06(12)(a)3.
3. "Results" means computer output or a written or verbal analysis of polling or survey data.
11.06(12)(a)4.
4. "Voter survey" includes the acquisition of information which identifies voter attitudes concerning candidates or issues.
11.06(12)(b)
(b) If a candidate or committee receives a contribution consisting of the results of an opinion poll or voter survey during the first 15 days after the results are received by the initial recipient, or if a candidate or committee receives a contribution consisting of the results of an opinion poll or voter survey for which the initial recipient received the results during an election period, the contribution shall be valued for purposes of
sub. (1) at the full share of the overall cost of the poll or survey which is allocable to each candidate, including a candidate for national office, receiving the results.
11.06(12)(c)
(c) If the results are received 16 to 60 days following receipt by the initial recipient, and if the initial recipient did not receive the results during an election period, the contribution shall be valued at 50% of the amount allocated to an initial recipient of the same results.
11.06(12)(d)
(d) If the results are received 61 to 180 days after receipt by the initial recipient, and if the initial recipient did not receive the results during an election period, the contribution shall be valued at 5% of the amount allocated to an initial recipient of the same results.
11.06(12)(e)
(e) If the results are received more than 180 days after receipt by the initial recipient, and if the initial recipient did not receive the results during an election period, no amount need be allocated.
11.06(12)(f)
(f) If the results of an opinion poll or voter survey are contributed to more than one recipient, the value of the poll or survey, as adjusted under
pars. (c) to
(e), shall be apportioned to each recipient receiving the results by one of the methods specified in this paragraph selected by the contributor. Each recipient shall report one of the following, in accordance with instructions received from the contributor:
11.06(12)(f)1.
1. That share of the overall cost of the poll or survey which is allocable to the recipient, based upon the cost allocation formula of the polling or survey firm from which the results are purchased. Under this method the size of the sample, the population of the area in which the recipient conducts political activities, the number of computer column codes, the extent of computer tabulations, and the extent of written analysis and verbal consultation, if applicable, may be used to determine the shares.
11.06(12)(f)2.
2. An amount computed by dividing the overall cost of the poll or survey equally among recipients receiving the results.
11.06(12)(f)3.
3. A proportion of the overall cost of the poll or survey equal to the proportion that the number of question results received by the recipient bears to the total number of question results received by all recipients.
11.06(12)(g)
(g) If the contributor makes a subsequent contribution of the results of an opinion poll or voter survey after initial apportionment of the value under
par. (f), the contributor shall report to the recipient a value for the contribution determined in good faith, considering the value to other recipients, as adjusted under
pars. (c) to
(e). In such case, the total value of the contributor's aggregate contributions may exceed the original cost of the poll or survey.
11.06(12)(h)
(h) A contributor of opinion poll or voter survey results shall maintain records sufficient to support the valuation of the contribution and shall inform the recipient of the value of the contribution.
11.06(13)(a)(a) In this subsection, "equipment and services" includes computers, software, Internet domain names, Internet service providers, and any other technology that is used to provide access to or use of the Internet.
11.06(13)(b)
(b) If an individual conducts Internet activity for a political purpose in his or her own behalf or in behalf of another person and is not compensated specifically for those services, the cost or value of any equipment and services used by the individual to conduct the activity, other than professional video production services purchased by the individual, is not a contribution to the registrant as provided in
s. 11.01 (6) (b) 8., regardless of who owns the equipment and services.
11.06 Cross-reference
Cross-reference: See also ss.
GAB 6.04 and
6.05, Wis. adm. code.
11.06 Annotation
The term "political purposes" is not restricted to acts of express advocacy, but encompasses many acts undertaken to influence an election, including making contributions to an election campaign. Contributions may be in-kind, as well as in cash, and campaign organizations are required to report the receipt of in-kind contributions. Wisconsin Coalition for Voter Participation, Inc. v. State Elections Board,
231 Wis. 2d 670,
605 N.W.2d 654 (Ct. App. 1999),
99-2574.
11.06 Annotation
The board should not exercise the power of administrative review of minor party exemptions based on a reasonable probability of the minor parties' contributors being subjected to threats, harassment, or reprisals. 65 Atty. Gen. 145.
11.06 Annotation
A minor political party that historically has been the object of harassment by government officials and private parties cannot be required to disclose the identities of contributors and recipients of campaign disbursements. Brown v. Socialist Workers '74 Campaign Comm.
459 U.S. 87 (1982).
11.06 Annotation
The reporting requirements of sub. (1) may not constitutionally be applied to Socialist Workers' Party contributors. Wisconsin Socialist Workers. 1976 Campaign Committee v. McCann,
433 F. Supp. 540.
11.07
11.07
Designation of agent by nonresident individuals, committees and groups. 11.07(1)
(1) Every nonresident committee making contributions and every nonresident committee making disbursements to support or oppose the election or nomination of a candidate at an election exceeding $300 cumulatively in a calendar year within this state, every nonresident individual making disbursements to support or oppose the election or nomination of a candidate at an election exceeding $300 cumulatively in a calendar year within this state, and every nonresident group making contributions and every nonresident group or individual making disbursements to support or oppose a particular vote at a referendum exceeding $2,500 cumulatively in a calendar year within this state, shall file name, mailing and street address and the name and the mailing and street address of a designated agent within the state with the office of the secretary of state. An agent may be any adult individual who is a resident of this state. After any change in the name or address of such agent the new address or name of the successor agent shall be filed within 30 days. Service of process in any proceeding under this chapter or
ch. 12, or service of any other notice or demand may be made upon such agent.
11.07(2)
(2) During any period within which any individual or organization under
sub. (1) fails to appoint or maintain in this state a registered agent, or whenever any such registered agent cannot with reasonable diligence be found at the street address listed on the registration, the secretary of state shall be an agent and representative of such individual or organization upon whom any process, notice or demand may be served. Service on the secretary of state of any such process, notice or demand against any such individual or organization shall be made by delivering to and leaving with the secretary of state, or with any clerk having charge of the secretary's office, duplicate copies of such process, notice or demand. If any process, notice or demand is served on the secretary of state, he or she shall immediately cause one of such copies to be forwarded by registered mail, addressed to such individual, committee or group at its mailing address as the same appears in the records of the secretary of state. The time within which the defendant may demur or answer does not start to run until 10 days after the date of such mailing.
11.07(3)
(3) The secretary of state shall keep a record of all processes, notices, and demands served upon the secretary of state under this section that shows the date and hour of service and the date of mailing. The certificate of the secretary of state that a summons and complaint, notice of object of action, or any notice or demand required or permitted by law was served upon the secretary of state and that the same was mailed by the secretary of state as required by law, shall be evidence of service upon the secretary of state. If the address of the individual, committee, or group is not known or readily ascertainable, mailing is dispensed with, and a copy of the process shall be published as a class 1 notice, under
ch. 985, in the county in which the last-known registered agent was located or, if unknown, in Dane County.
11.07(4)
(4) Nothing in this section limits or affects the right to serve any process, notice or demand required or permitted by law to be served upon a nonresident individual or organization in any other manner permitted by law.
11.07(5)
(5) Any campaign treasurer or individual who knowingly receives a contribution made by an unregistered nonresident in violation of this section may not use or expend such contribution but shall immediately return it to the source or at the option of the campaign treasurer or individual, donate the contribution to a charitable organization or to the common school fund.
11.07(6)
(6) For purposes of this section, a nonresident individual or organization is one who or which does not maintain an office or street address within the state.
11.08
11.08
Reports by party committees. Every committee of a political party which is required to file statements and reports under this chapter shall file all statements and reports with the board. A state committee of a political party may be designated by a congressional, legislative, county or local party committee as its reporting agent for purposes of this chapter, but such designation does not permit combination of reports. If any committee is so designated, the treasurer of the state committee shall so inform the board.
11.08 Cross-reference
Cross-reference: See also s.
GAB 6.04, Wis. adm. code.
11.09
11.09
Duplicate reports required in certain cases. 11.09(3)(3) Each registrant whose filing officer is the board, who or which makes disbursements in connection with elections for offices which serve or referenda which affect only one county or portion thereof, except a candidate, personal campaign committee, political party committee or other committee making disbursements in support of or in opposition to a candidate for state senator, representative to the assembly, court of appeals judge or circuit judge, shall file a duplicate original of each financial report filed with the board with the county clerk or board of election commissioners of the county in which the elections in which the registrant participates are held. Such reports shall be filed no later than the dates specified under
s. 11.20 (2) and
(4) for the filing of each report with the board.
11.09(4)
(4) In every case where a duplicate report is filed by the board or by any person under
sub. (3), the board shall transmit a certified duplicate copy of the registration statement to each county clerk or board of election commissioners with whom a duplicate report is filed.
11.10
11.10
Campaign treasurers and campaign depositories. 11.10(1)(1) Each candidate in an election shall appoint one campaign treasurer. Except as provided in
s. 11.14 (3), each candidate shall designate one campaign depository account within 5 business days after the candidate receives his or her first contribution and before the candidate makes or authorizes any disbursement in behalf of his or her candidacy. If a candidate adopts a preexisting support committee as his or her personal campaign committee, the candidate shall make such designation within 5 business days of adoption. The person designated as campaign treasurer shall be the treasurer of the candidate's personal campaign committee, if any. The candidate may appoint himself or herself or any other elector as campaign treasurer. A registration statement under
s. 11.05 (2g) or
(2r) must be filed jointly by every candidate and his or her campaign treasurer. The candidate does not qualify for ballot placement until this requirement is met. Except as authorized under
s. 11.06 (5), the campaign treasurer or candidate shall certify as to the correctness of each report required to be filed, and the candidate bears the responsibility for the accuracy of each report for purposes of civil liability under this chapter, whether or not the candidate certifies it personally.
11.10(2)
(2) A candidate may remove a campaign treasurer at any time. In case of the death, resignation or removal of a campaign treasurer, the candidate shall designate a successor and shall file the successor's name and address with the appropriate filing officer as provided in
s. 11.05 (5). Until the successor's name and address is filed, the candidate shall be deemed his or her own campaign treasurer.
11.10(3)
(3) Every committee shall appoint a treasurer. Every individual under
s. 11.06 (7) shall be deemed his or her own treasurer. No disbursement may be made or obligation incurred by or on behalf of a committee without the authorization of the treasurer or designated agents. No contribution may be accepted and no disbursement may be made or obligation incurred by any committee at a time when there is a vacancy in the office of treasurer.
11.10(4)
(4) No candidate may establish more than one personal campaign committee. Such committee may have subcommittees provided that all subcommittees have the same treasurer, who shall be the candidate's campaign treasurer. The treasurer shall deposit all funds received in the campaign depository account. Any committee which is organized or acts with the cooperation of or upon consultation with a candidate or agent or authorized committee of a candidate, or which acts in concert with or at the request or suggestion of a candidate or agent or authorized committee of a candidate is deemed a subcommittee of the candidate's personal campaign committee.
11.10(5)
(5) Candidates for governor and lieutenant governor of the same political party may receive contributions and make disbursements for both candidates from either depository.
11.12
11.12
Campaign contributions and disbursements; reports. 11.12(1)(a)(a) No contribution may be made or received and no disbursement may be made or obligation incurred by a person or committee, except within the amount authorized under
s. 11.05 (1) and
(2), in support of or in opposition to any specific candidate or candidates in an election, other than through the campaign treasurer of the candidate or the candidate's opponent, or by or through an individual or committee registered under
s. 11.05 and filing a statement under
s. 11.06 (7).
11.12(1)(b)
(b) The requirement of
par. (a) may not be construed to apply to a contribution which is made to a continuing political party or ongoing committee, other than a personal campaign committee, provided that the contribution is not made in contravention of
s. 11.16 (4) or
11.24.
11.12(1)(c)
(c) Where a disbursement is made in support of more than one candidate, the disbursement shall be apportioned reasonably among the candidates.
11.12(1)(d)
(d) Paragraph (a) does not apply to disbursements and obligations which are exempted from reporting under
s. 11.06 (2).
11.12(2)
(2) Any anonymous contribution exceeding $10 received by a campaign or committee treasurer or by an individual under
s. 11.06 (7) 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.
11.12(3)
(3) All contributions, disbursements and incurred obligations exceeding $10 shall be recorded by the campaign or committee treasurer or the individual under
s. 11.06 (7). He or she shall maintain such records in an organized and legible manner, for not less than 3 years after the date of an election in which the registrant participates. If a report is submitted under
s. 11.19 (1), the records may be transferred to a continuing committee or to the appropriate filing officer for retention. Records shall include the information required under
s. 11.06 (1).
11.12(4)
(4) Each registrant shall report contributions, disbursements and incurred obligations in accordance with
s. 11.20. Except as permitted under
s. 11.06 (2),
(3) and
(3m), each report shall contain the information which is required under
s. 11.06 (1).
11.12(5)
(5) If any contribution or contributions of $500 or more cumulatively are received by a candidate for state office or by a committee or individual from a single contributor later than 15 days prior to a primary or election such that it is not included in the preprimary or preelection report submitted under
s. 11.20 (3), the treasurer of the committee or the individual receiving the contribution shall within 48 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 preprimary or preelection report, and ending with the day before the primary or election need be reported.
11.12(6)
(6) If any disbursement of more than $20 cumulatively is made to advocate the election or defeat of a clearly identified candidate by an individual or committee later than 15 days prior to a primary or election in which the candidate's name appears on the ballot without cooperation or consultation with a candidate or agent or authorized committee of a candidate who is supported or opposed, and not in concert with or at the request or suggestion of such a candidate, agent or committee, but such that the disbursement is not included in a preprimary or preelection report submitted under
s. 11.20 (3), the individual or treasurer of the committee shall, within 48 hours of making the disbursement, 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 next regular report of the individual or committee under
s. 11.20. For purposes of this subsection, disbursements cumulate beginning with the day after the last date covered on the preprimary or preelection report and ending with the day before the primary or election. Upon receipt of a report under this subsection, the filing officer shall, within 24 hours of receipt, mail a copy of the report to all candidates for any office in support of or opposition to one of whom a disbursement identified in the report is made.
11.12 Cross-reference
Cross-reference: See also s.
GAB 6.05, Wis. adm. code.
11.14
11.14
Deposit of contributions. 11.14(1)
(1) Except as authorized in
sub. (3) and as required by
s. 11.16 (5), all funds received by a campaign or committee treasurer, group treasurer, candidate or other individual shall be deposited in a single separate campaign depository account designated in accordance with
s. 11.16 (3). Except as authorized in
sub. (3), the depository account shall be established by every candidate no later than the time prescribed in
s. 11.10 (1), and by every other individual or treasurer no later than the 5th business day after becoming subject to a registration requirement under
s. 11.05 and before making any disbursement. The depository account may be established with any financial institution as defined in
s. 705.01 (3) which is authorized to transact business in this state. The individual or treasurer shall deposit all funds received in the campaign depository account no later than the 5th business day commencing after receipt. This subsection does not apply to a contributor committee or group which is exempt from registration under
s. 11.05 (8).
11.14(2)
(2) After deposit in the campaign depository account, funds may be transferred by the individual or treasurer to any other account which is identified under
s. 11.05 (3) (L). Funds deposited in other accounts may not be directly disbursed but shall be returned to the depository account for purposes of disbursement. Disbursements shall be made only in accordance with
s. 11.16 (3).
11.14(3)
(3) Notwithstanding
sub. (1), any candidate who serves as his or her own campaign treasurer and who is authorized to make and makes an indication on his or her registration statement under
s. 11.05 (2r) that he or she will not accept contributions, make disbursements or incur obligations in an aggregate amount exceeding $1,000 in a calendar year, and will not accept any contribution or contributions from a single source, other than contributions made by the candidate to his or her own campaign, exceeding $100 in a calendar year, may designate a single personal account as his or her campaign depository account, and may intermingle personal and other funds with campaign funds. If a separate depository account is later established by the candidate, the candidate shall transfer all campaign funds in the personal account to the new depository account. Disbursements made from such personal account need not be identified in accordance with
s. 11.16 (3).
11.16
11.16
Campaign contributions and disbursements; restrictions. 11.16(1)(a)(a) No disbursement may be made or obligation incurred by a candidate, or by any other person or committee to advocate the election or defeat of a clearly identified candidate, other than an individual who, or a committee which, has registered under
s. 11.05 and filed an oath under
s. 11.06 (7), except by the campaign treasurer of the candidate or other agent designated by the candidate and acting under his or her authority.
11.16(1)(b)
(b) The treasurer of each committee and each individual who proposes to make a disbursement to advocate the election or defeat of a clearly identified candidate shall notify the treasurer or other agent designated under
par. (a) of the candidate who is supported or whose opponent is opposed and obtain the authorization of the treasurer prior to making the disbursement. This paragraph does not apply to an individual or committee filing an oath under
s. 11.06 (7) with respect to the candidate who is supported or opposed.
11.16(1)(c)
(c) In the event that an obligation is incurred or disbursement made by the campaign treasurer or other authorized agent of the candidate, the action is imputable to the candidate for purposes of civil liability under this chapter.
11.16(1)(d)
(d) This subsection does not apply to disbursements and obligations which are exempted from reporting under
s. 11.06 (2).
11.16(2)
(2) Limitation on cash contributions. Every contribution of money exceeding $50 shall be made by negotiable instrument or evidenced by an itemized credit card receipt bearing on the face the name of the remitter. No treasurer may accept a contribution made in violation of this subsection. The treasurer shall promptly return the contribution, or donate it to the common school fund or to a charitable organization in the event that the donor cannot be identified.
11.16(3)
(3) Form of disbursements. Every disbursement which is made by a registered individual or treasurer from the campaign depository account shall be made by negotiable instrument. Such instrument shall bear on the face the full name of the candidate, committee, individual or group as it appears on the registration statement filed under
s. 11.05 and where necessary, such additional words as are sufficient to clearly indicate the political nature of the registrant or account of the registrant. The name of a political party shall include the word "party". The instrument of each committee registered with the board and designated under
s. 11.05 (3) (c) as a special interest committee shall bear the identification number assigned under
s. 11.21 (12) on the face of the instrument.
11.16(4)(a)(a) The treasurer of a personal campaign committee may agree with a prospective contributor that a contribution is received to be utilized for a specific purpose not prohibited by law. Such purpose may not include a disbursement in support of or in opposition to another candidate or the transfer to an individual or committee acting in support of or in opposition to another candidate, except as authorized in an escrow agreement under
s. 11.16 (5).
11.16(4)(b)
(b) When a contribution is made to a political party or to an individual or committee other than a candidate or the candidate's personal campaign committee, the purpose may not be specified, except that if a contribution is received pursuant to an escrow agreement for transfer to a candidate in accordance with
sub. (5), the contributor may specify the recipient of the contribution and if a contribution is received by a support committee established for adoption by a candidate in accordance with
ss. 11.10 (1) and
11.18, the contributor may specify that the contribution shall be utilized for support of the candidate being supported by the committee.
11.16(4)(c)
(c) Except for transfers of membership-related moneys between committees of the same political party and transfers made pursuant to escrow agreements authorized under
sub. (5), no committee may act as a conduit for the earmarked contributions of others. Transfers of membership-related moneys between political party committees shall be treated in the same manner as other transfers.
11.16(5)
(5) Escrow agreements. Any personal campaign committee, political party committee or legislative campaign committee may, pursuant to a written escrow agreement with more than one candidate, solicit contributions for and conduct a joint fund raising effort or program on behalf of more than one named candidate. The agreement shall specify the percentage of the proceeds to be distributed to each candidate by the committee conducting the effort or program. The committee shall include this information in all solicitations for the effort or program. All contributions received and disbursements made by the committee in connection with the effort or program shall be received and disbursed through a separate depository account under
s. 11.14 (1) that is identified in the agreement. For purposes of
s. 11.06 (1), the committee conducting the effort or program shall prepare a schedule in the form prescribed by the board supplying all required information under
s. 11.06 (1) for the effort or program, and shall transmit a copy of the schedule to each candidate who receives any of the proceeds within the period prescribed in
s. 11.06 (4) (c).
11.16 Cross-reference
Cross-reference: See also s.
GAB 6.04, Wis. adm. code.
11.17
11.17
Treatment of loan guarantees. 11.17(1)
(1) If any person guarantees a loan to a registrant made for a political purpose, the person makes a contribution to the registrant and the registrant incurs an obligation to the guarantor. If more than one person guarantees the same loan, the guarantors make contributions to the registrant and the registrant incurs obligations to the guarantors in equal shares, in the proportion that the number of guarantors bears to the total amount guaranteed, unless a different share is specified in the loan instrument.
11.17(2)
(2) If a registrant reduces the unpaid balance of a loan to the registrant made for a political purpose by making a repayment to the lender or reimburses a guarantor from whom the lender has collected upon a guarantee, the amount of the guarantor's contribution and the amount of the obligation incurred by the registrant are reduced by the amount of the repayment or reimbursement. If more than one guarantor guarantees the same loan, the amounts of the guarantors' contributions and the amounts of the obligations incurred by the registrant are reduced in equal shares, in the proportion that the number of guarantors bears to the amount repaid or reimbursed, unless a different share is specified in the loan instrument.
11.17(3)
(3) If a registrant defaults on a loan that is guaranteed, and the lender collects the amount guaranteed from the guarantor, the guarantor makes a contribution to the registrant and the registrant incurs an obligation to the guarantor in an amount equal to the amount collected by the lender from the guarantor. If more than one guarantor guarantees the same loan, the guarantors make contributions to the registrant and the registrant incurs obligations to the guarantors in equal shares, in the proportion that the number of guarantors bears to the total amount of the unpaid balance, unless a different share is specified in the loan instrument. If a registrant reports a contribution or incurred obligation in the form of a guarantee under
s. 11.06 (1) at the time the guarantee is made, the registrant need not report the same contribution or incurred obligation at the time of a default and collection upon a guarantee.
11.17(4)
(4) If a candidate secures a loan for both a political and a nonpolitical purpose, this chapter applies only to the portion of the loan made for a political purpose.
11.17 History
History: 1979 c. 328;
1987 a. 370.
11.18
11.18
Support committee. 11.18(1)(1) A committee may be organized to support the prospective candidacy of an individual. No such committee authorized under
s. 11.05 (3) (p) may be organized during a period in which the individual on whose behalf the committee is organized is registered as a candidate or has a personal campaign committee registered on his or her behalf.
11.18(2)
(2) A committee organized under
sub. (1) shall register under
s. 11.05 as a support committee.
11.18(3)
(3) A support committee authorized under
s. 11.05 (3) (p) may not act on behalf of more than one individual but may make a contribution to another committee. No more than one support committee authorized under
s. 11.05 (3) (p) may be organized on behalf of the same individual. Any subcommittee of a support committee authorized under
s. 11.05 (3) (p) shall be authorized by the individual on whose behalf the subcommittee acts. Any committee which is organized or acts with the cooperation of or upon consultation with a support committee or the individual on whose behalf a support committee is organized or which acts in concert with or at the request or suggestion of a support committee or the individual on whose behalf a support committee is organized is deemed a subcommittee of the support committee.
11.18(4)
(4) Notwithstanding
s. 11.12 (1), a support committee may make direct disbursements from its campaign depository account to pay for the expenses incurred for a political purpose to support the prospective candidacy of an individual on whose behalf it is organized during a period in which the committee is permitted to operate under
sub. (1).
11.18(6)
(6) If an individual on whose behalf a support committee is authorized to operate under
s. 11.05 (3) (p) becomes a candidate, the committee shall be adopted by the candidate as his or her personal campaign committee. A support committee which files a statement under
s. 11.06 (7) may not be adopted by a candidate as a personal campaign committee.
