11.1304(14)(a)
(a) Total reported contributions, disbursements, and incurred obligations for all committees registered and reporting under this chapter during the biennium.
11.1304(14)(b)
(b) Total amounts contributed during the biennium, reported by contribution amounts as determined by the commission, to each type of committee registered and reporting under this chapter.
11.1304(14)(c)
(c) Total amounts expended during the biennium, reported by disbursement amounts as determined by the commission, by each type of committee registered and reporting under this chapter.
11.1304(14)(d)
(d) Total amounts expended for influencing nominations and elections whenever separate information is reported.
11.1304(14)(e)
(e) Aggregate amounts contributed by any contributors shown to have contributed more than $100.
11.1304(15)
(15) Prepare and publish from time to time special reports comparing the various totals and categories of contributions and disbursements made with respect to preceding elections.
11.1304(16)
(16) Make available a list of delinquents for public inspection.
11.1304(17)
(17) Promulgate rules to administer this chapter.
11.1304 History
History: 2015 a. 117 ss.
24,
74 (1m).
PENALTIES
11.1400(1)(1)
Any person who violates this chapter may be required to forfeit not more than $500 for each violation.
11.1400(2)
(2) In addition to the penalty under sub.
(1), any person who is delinquent in filing a report required by this chapter may be required to forfeit not more than $50 or one percent of the annual salary of the office for which the candidate is being supported or opposed, whichever is greater, for each day of delinquency.
11.1400(3)
(3) Notwithstanding sub.
(1), any person who makes any contribution in violation of this chapter may be required to forfeit treble the amount of the contribution or portion of that contribution which is illegally contributed.
11.1400(4)
(4) Notwithstanding sub.
(1), any person who is subject to a requirement to pay a filing fee under s.
11.0102 and who fails to pay that fee within the time prescribed in that section shall forfeit $500 plus treble the amount of the fee payable by that person.
11.1400(5)
(5) Except as otherwise provided in ss.
19.49 (2) (b) 13. and
14. and
(g) and
19.554, actions under this section may be brought by the commission or, upon the commission's determination of probable cause, by the district attorney for the county where the defendant resides or, if the defendant is a nonresident, by the district attorney for the county where the violation is alleged to have occurred. For purposes of this subsection, a person other than an individual resides within a county if the person's principal place of operation is located within that county.
11.1400(6)
(6) Any elector may file a verified petition with the commission requesting that civil action under this chapter be brought against any person or committee. The petition shall allege such facts as are within the knowledge of the petitioner to show probable cause that a violation of this chapter has occurred.
11.1400(7)
(7) When a candidate committee treasurer or candidate's agent incurs an obligation or makes a disbursement, that action by the treasurer or agent is imputed to the candidate for purposes of civil liability under this subchapter.
11.1400(8)
(8) In civil actions under this chapter the acts of every member of a candidate committee are presumed to be with the candidate's knowledge or approval until clearly proven otherwise.
11.1400 History
History: 2015 a. 117 ss.
24,
24g,
74 (1m).
11.1400 Annotation
Section 11.60, 1977 stats., is a civil penalty section even though some violations of it involve intent. State v. Dreske,
88 Wis. 2d 60,
276 N.W.2d 324 (Ct. App. 1979).
11.1400 Annotation
In a forfeiture action against a committee, assets of the committee, but not of its members, are reachable. Elections Board v. Ward,
105 Wis. 2d 543,
314 N.W.2d 120 (1982).
11.1401
11.1401
Criminal penalties; prosecution. 11.1401(1)(a)
(a) Whoever intentionally violates s.
11.1204 or any registration or reporting requirement under this chapter is guilty of a Class I felony.
11.1401(1)(b)
(b) Whoever intentionally violates subch.
XI or s.
11.1201,
11.1208, or
11.1303 is guilty of a Class I felony if the intentional violation does not involve a specific figure or if the intentional violation concerns a figure which exceeds $100 in amount or value.
11.1401(1)(c)
(c) Whoever intentionally violates any of the following may be fined not more than $1,000 or imprisoned not more than 6 months or both:
11.1401(1)(c)2.
2. Any provision under par.
(b) if the violation concerns a specific amount or value not exceeding $100.
11.1401(2)
(2) Except as otherwise provided in ss.
19.49 (2) (b) 13. and
14. and
(h) and
19.554, and only after the commission has determined probable cause, all prosecutions under this section shall be conducted by the district attorney for the county where the defendant resides or, if the defendant is a nonresident, by the district attorney for the county where the violation is alleged to have occurred. For purposes of this subsection, a person other than a individual resides within a county if the person's principal place of operation is located within that county.
11.1401(3)(a)(a) If a successful candidate for public office, other than a candidate for the legislature, is adjudged guilty in a criminal action of any violation of this chapter under sub.
(1) (a) or
(b), or of any violation of ch.
12 under s.
12.60 (1) (a) committed during his or her candidacy, the court shall after entering judgment enter a supplemental judgment declaring a forfeiture of the candidate's right to office. The supplemental judgment shall be transmitted to the officer or agency authorized to issue the certificate of nomination or election to the office for which the person convicted is a candidate. If the candidate's term has not yet begun, the candidate shall not take office. If the candidate's term has begun, the office shall become vacant. The office shall then be filled in the manner provided by law.
11.1401(3)(b)
(b) If a successful candidate for the legislature is adjudged guilty in a criminal action of any violation of this chapter under sub.
(1) (a) or
(b), or of any violation of ch.
12 under s.
12.60 (1) (a) committed during his or her candidacy, the court shall after entering judgment certify its findings to the presiding officer of the house of the legislature to which the candidate was elected.
11.1401 History
History: 2015 a. 117 ss.
24,
24h,
74 (1m).
11.1401 Annotation
Section 11.61 (1) (a), 1977 stats., does not require the state to prove that the defendant had actual knowledge of the violated statute. State v. Dreske,
88 Wis. 2d 60,
276 N.W.2d 324 (Ct. App. 1979).
