11.0102(1)(a)2. 2. A conduit.
11.0102(1)(a)3. 3. A legislative campaign committee.
11.0102(1)(a)4. 4. A political action committee.
11.0102(1)(a)4m. 4m. An independent expenditure committee.
11.0102(1)(a)5. 5. A political party.
11.0102(1)(a)6. 6. A recall committee as defined in s. 11.0101 (27) (a).
11.0102(1)(a)7. 7. Except as provided in pars. (f) and (g), a referendum committee.
11.0102(1)(b) (b) Subject to pars. (c) and (d), a candidate committee for a candidate seeking local office shall file with the clerk of the most populous jurisdiction for which the candidate seeks office.
11.0102(1)(c) (c) A candidate committee for a candidate for municipal judge elected under s. 755.01 (4) shall file with the county clerk or board of election commissioners of the county having the largest portion of the population in the jurisdiction served by the judge.
11.0102(1)(d) (d) A candidate committee for a candidate for school board member shall file with the school district clerk.
11.0102(1)(e) (e) A recall committee as defined in s. 11.0101 (27) (b) shall file with the filing officer for candidates for that office.
11.0102(1)(f) (f) A referendum committee acting to support or oppose any local referendum, other than a school district referendum, shall file with the clerk of the most populous jurisdiction in which the referendum will be conducted.
11.0102(1)(g) (g) A referendum committee acting to support or oppose a school district referendum shall file with the school district clerk.
11.0102(2) (2)
11.0102(2)(a)(a) Except as provided in pars. (c) and (d), each committee that is required to register and file with the commission under sub. (1) (a) shall annually pay a filing fee of $100 to the commission. The commission may accept payment under this subsection by credit card, debit card, or other electronic payment mechanism, and may charge a surcharge to that committee to recover the actual costs associated with the acceptance of that electronic payment.
Effective date note NOTE: Par. (a) is shown as amended eff. 1-3-23 by 2021 Wis. Act 265. Prior to 1-3-23 it reads:
Effective date text (a) Except as provided in pars. (c) and (d), each committee that is required to register under this chapter shall annually pay a filing fee of $100 to the commission. The commission may accept payment under this subsection by credit card, debit card, or other electronic payment mechanism, and may charge a surcharge to that committee to recover the actual costs associated with the acceptance of that electronic payment.
11.0102(2)(b) (b) A committee that is subject to par. (a) shall pay the fee specified in par. (a) together with the report filed by that committee on the 15th day of the month of January in each year. If a committee that is subject to par. (a) registers under this chapter or changes status so that par. (a) becomes applicable to the committee during a calendar year, the committee shall pay the fee for that year with the filing of the committee's registration statement or at any time before the change in status becomes effective.
11.0102(2)(c) (c) Paragraph (a) does not apply to a candidate committee.
11.0102(2)(d) (d) Paragraph (a) does not apply to any committee for any year during which the committee does not make disbursements exceeding a total of $2,500.
11.0102(3) (3)Each filing officer, other than the commission, shall do all of the following:
11.0102(3)(a) (a) Obtain the forms and manuals prescribed by the commission under s. 11.1304 (1) and (3) and election laws provided by the commission under s. 7.08 (4).
11.0102(3)(b) (b) Develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter.
11.0102(3)(c) (c) Make all of the following available, without charge, to any committee required to file reports or statements with the officer:
11.0102(3)(c)1. 1. Forms prescribed by the commission for the making of reports and statements. The filing officer shall notify the committee that all forms are available on the commission's Internet site. Whenever a filing officer sends a form or notice of the filing requirements under this chapter to the treasurer of a candidate committee, the filing officer shall also send a notice to the candidate.
11.0102(3)(c)2. 2. Upon request, copies of manuals under par. (a).
11.0102(3)(d) (d) The filing officer shall provide copies of manuals and election laws to persons other than a committee under par. (c) at cost.
11.0102(3)(e) (e) Notify the commission, 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 commission may transmit a copy of the notification submitted under this paragraph to the district attorney.
11.0102(3)(f) (f) Make available a list of delinquents for public inspection.
11.0102(3)(g) (g) Compile and maintain on an electronic system a current list of all reports and statements received by or required of and pertaining to each committee registered under this chapter.
11.0102(3)(h) (h) Make the reports and statements filed with the 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.
11.0102(3)(i) (i) Upon the request of any person, permit copying of any report or statement described under par. (g) at cost.
11.0102(3)(j) (j) Determine whether each 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 committee that is delinquent in filing, or that has filed otherwise than in the proper form, a notice that the committee has failed to comply with this chapter. Whenever a candidate committee has appointed an individual other than the candidate as campaign treasurer, the officer shall send the notice to both the candidate and the treasurer of the candidate committee.
11.0102 History History: 2015 a. 117 ss. 24, 74 (1m); 2017 a. 365; 2021 a. 265.
11.0103 11.0103 Reporting; general.
11.0103(1)(1)Report must be complete.
11.0103(1)(a)(a) Each committee and conduit required to register under this chapter shall be subject to the reporting requirements applicable to that committee or conduit. Each committee and conduit required to file a report under this chapter shall make a good faith effort to obtain all required information.
11.0103(1)(b) (b) Failure to receive a form or notice from a filing officer does not exempt a committee or conduit from a reporting requirement under this chapter.
11.0103(2) (2) Contributions; when received; when reported.
11.0103(2)(a)1.1. A contribution is received by a candidate committee for purposes of this chapter when it is under the control of the candidate or the treasurer or agent of the candidate.
11.0103(2)(a)2. 2. A contribution is received by a committee for purposes of this chapter when it is under the control of the treasurer or agent of the committee.
11.0103(2)(b) (b) Unless it is returned or donated within 15 days of receipt under par. (a), a contribution must be reported as received on the date received.
11.0103(3) (3) Contents of report; filing dates; certification; short form; contents.
11.0103(3)(a) (a) A committee shall begin each report filed under this chapter with the first contribution received, disbursement made, or obligation incurred during the reporting period, and shall include all contributions received, disbursements made, and obligations incurred as of the end of:
11.0103(3)(a)1. 1. The 15th day preceding the primary or election in the case of the preprimary and preelection report.
11.0103(3)(a)2. 2. The last day of the immediately preceding month in the case of a continuing report required under this chapter.
11.0103(3)(a)3. 3. The 22nd day following the special election in the case of a postelection report required under this chapter.
11.0103(3)(a)4. 4. September 23 in the case of a September report required under this chapter.
Effective date note NOTE: Subd. 4. is created eff. 1-3-23 by 2021 Wis. Act 265.
11.0103(3)(b) (b) Each committee shall ensure that each report is filed with the appropriate filing officer on the dates designated in this chapter. In the event that any report is required to be filed under this chapter on a nonbusiness day, a committee may file the report on the next business day thereafter.
11.0103(3)(c)1.1. Except as provided in subd. 2., the committee's treasurer shall certify to the correctness of each report filed under this chapter.
11.0103(3)(c)2. 2. Either the candidate or the treasurer of the candidate's committee shall certify to the correctness of each report filed under this chapter.
11.0103(3)(d) (d) The commission shall prescribe a simplified, short form for compliance with this section by a committee treasurer who has not engaged in any financial transaction since the last date included on the treasurer's preceding report.
11.0103(4) (4) Preprimary and preelection reports; inactivity.
11.0103(4)(a) (a) A contribution made or accepted, a disbursement made, or an obligation incurred to support or oppose a candidate at a primary that is made, accepted, or incurred during the period covered by the preprimary report is considered to be made, accepted, or incurred to support or oppose that candidate at the primary, regardless of whether the candidate is opposed at the primary.
11.0103(4)(b) (b) A contribution made or accepted, disbursement made, or obligation incurred to support or oppose a candidate at an election that is made, accepted, or incurred during the period covered by the preelection report is considered to be made, accepted, or incurred to support or oppose that candidate at the election, regardless of whether the candidate is opposed at the election.
11.0103(4)(c)1.a.a. Except as provided in subd. 2., a committee that makes or accepts a contribution, makes a disbursement, or incurs an obligation to support or oppose a candidate at a primary during the period covered by the preelection report, but does not engage in such activity during the period covered by the preprimary report, is not required to file a preprimary report.
11.0103(4)(c)1.b. b. Except as provided in subd. 2., a committee that makes or accepts a contribution, makes a disbursement, or incurs an obligation to support or oppose a candidate at an election during the period covered by the report that follows the preelection report, but does not engage in such activity during the period covered by the preelection report, is not required to file a preelection report.
11.0103(4)(c)2. 2. A candidate committee that makes or accepts a contribution, makes a disbursement, or incurs an obligation to support or oppose a candidate at a primary during the period covered by the preprimary report shall file both the preprimary and preelection reports, regardless of whether the candidate committee engages in such activity during the period covered by the preelection report.
11.0103(5) (5) Nonresident reporting. Notwithstanding the reporting requirements that would otherwise apply under this chapter, but subject to the applicable thresholds for submitting reports, a committee that does not maintain an office or a street address in this state shall submit reports on a form prescribed by the commission of all disbursements made and obligations incurred with respect to an election for a state or local office in this state and contributions from sources in this state.
11.0103 History History: 2015 a. 117 ss. 24, 74 (1m); 2021 a. 265.
11.0103 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).
11.0103 AnnotationSee also Wisconsin Socialist Workers 1976 Campaign Committee v. McCann, 433 F. Supp. 540 (1977).
11.0104 11.0104 Reporting exemptions: limited activity.
11.0104(1)(a) (a) Except as provided in par. (bm), any committee which does not anticipate accepting or making contributions, making disbursements, or incurring obligations, and any conduit which does not anticipate accepting or releasing contributions, in an aggregate amount exceeding $2,500 in a calendar year may claim an exemption from filing campaign finance reports by filing a registration statement or an amended registration statement with the appropriate filing officer indicating the necessary facts, as described in this paragraph, to claim the exemption. The committee or conduit shall certify the registration statement or amended registration statement in the manner required under s. 11.0103 (3) (c).
11.0104(1)(bm)1.1. A candidate committee of a candidate for state office may not claim the exemption under par. (a) during the calendar year of an election in which the candidate is appearing on the ballot or participating as a write-in candidate and shall file the continuing report that is due on January 15 of the year after he or she appeared on the ballot or participated as a write-in candidate, unless the committee has dissolved, as provided in s. 11.0105.
11.0104(1)(bm)2. 2. A candidate committee of a candidate for state office may claim the exemption under par. (a) during the calendar year after the year in which the candidate appeared on the ballot or participated as a write-in candidate by filing an amended registration statement no sooner than the day after the election and no later than January 15 of the year after the election.
11.0104(1)(bm)3. 3. A candidate committee of a candidate for state office may claim the exemption under par. (a) during a subsequent year by filing an amended registration statement no later than December 31 of the year preceding the year in which the exemption will apply.
11.0104(1)(bm)4. 4. A candidate committee of a candidate for state office that fails to claim the exemption under par. (a) before the expiration of the deadline under subd. 2. or 3., as applicable, is ineligible for the exemption and shall file all required campaign finance reports for the following calendar year.
11.0104(1)(c) (c) A candidate committee of a candidate for local office is eligible for an exemption under par. (a) at any time and may claim the exemption on its initial registration statement or on an amended registration statement. An exemption claimed under this paragraph applies until the committee exceeds the threshold established under par. (a), amends its registration statement to become a state candidate committee, or is dissolved, as provided in s. 11.0105.
11.0104(1)(d) (d) If a filing officer receives a registration statement or amended registration statement seeking to claim the exemption under par. (a) and the filing officer knows that the candidate committee is not eligible for the exemption, the filing officer shall accept the registration but notify the committee within 10 business days that it is not eligible for the exemption for that calendar year. The notice shall also indicate that the committee is required to file campaign finance reports.
11.0104(1)(e) (e) A candidate whose candidate committee files a registration statement or amended registration statement incorrectly claiming the exemption may not be denied placement on the ballot if the registration statement or amended registration statement otherwise complies with the requirements of this chapter.
Effective date note NOTE: Sub. (1) is shown as affected eff. 1-3-23 by 2021 Wis. Act 265. Prior to 1-3-23 it reads:
Effective date text (1) (a) Except as provided in par. (b), any committee which does not anticipate accepting or making contributions, making disbursements, or incurring obligations, and any conduit which does not anticipate accepting or releasing contributions, in an aggregate amount exceeding $2,000 in a calendar year may file an amended registration statement with the appropriate filing officer indicating that fact. The committee or conduit shall certify the amended registration in the manner required under s. 11.0103 (3) (c) and shall include the information required to be reported by that committee or conduit on its continuing reports.
Effective date text (b) In no case may a candidate committee file an amended registration under this section covering any period ending sooner than the date of the election in which the candidate committee is participating.
11.0104(2) (2)Upon receipt of a properly executed registration statement or amended registration statement by a committee or conduit, the appropriate filing officer shall suspend the requirement imposed upon that committee or conduit by this chapter to file campaign finance reports. An exemption under this section is effective as provided under sub. (1) (bm) unless the committee or conduit alters its status by filing an amended registration statement before the end of such year or by filing a termination report under s. 11.0105.
Effective date note NOTE: Sub. (2) is shown as amended eff. 1-3-23 by 2021 Wis. Act 265. Prior to 1-3-23 it reads:
Effective date text (2) Upon receipt of a properly executed amended registration by a committee or conduit, the appropriate filing officer shall suspend the requirement imposed upon that committee or conduit by this chapter to file continuing reports. An indication of limited activity under this section is effective only for the calendar year in which it is granted, unless the committee or conduit alters its status before the end of such year or files a termination report under s. 11.0105.
11.0104(3) (3)An exemption made under this section may be revoked. If revoked, the committee or conduit shall comply with the reporting requirements applicable to the committee or conduit under this chapter as of the date of revocation, or the date that aggregate contributions, disbursements, or obligations for the calendar year exceed $2,500. If the revocation is not timely, the committee or conduit violates s. 11.1201.
Effective date note NOTE: Sub. (3) is shown as amended eff. 1-3-23 by 2021 Wis. Act 265. Prior to 1-3-23 it reads:
Effective date text (3) An indication of limited activity made under sub. (1) may be revoked. If revoked, the committee or conduit shall comply with the reporting requirements applicable to the committee or conduit under this chapter as of the date of revocation, or the date that aggregate contributions, disbursements, or obligations for the calendar year exceed $2,000. If the revocation is not timely, the committee or conduit violates s. 11.1201.
11.0104(4) (4)A committee or conduit that files an amended registration statement under sub. (1) is not required to file a termination report under s. 11.0105.
Effective date note NOTE: Sub. (4) is repealed eff. 1-3-23 by 2021 Wis. Act 265.
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2019-20 Wisconsin Statutes updated through 2021 Wis. Act 267 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on July 1, 2022. Published and certified under s. 35.18. Changes effective after July 1, 2022, are designated by NOTES. (Published 7-1-22)