Chapter ETH 26

Chapter ETH 26

SETTLEMENT OFFER SCHEDULE

ETH 26.01   Definitions.

ETH 26.02   Settlement of campaign finance violations.

ETH 26.03   Settlement of lobbying violations.

ETH 26.04   Settlement of ethics violations.

ETH 26.01 ETH 26.01 Definitions. In this chapter:

ETH 26.01(1) (1) “15 day report” means the report referred to in s. 13.67, Stats.

ETH 26.01(1m) (1m) “Business day” means any day Monday to Friday, excluding Wisconsin legal holidays as defined in s. 995.20, Stats.

ETH 26.01(2) (2) “Commission” means the Wisconsin Ethics Commission.

ETH 26.01(3) (3) “Continuing report” includes the campaign finance reports due in January and July referred to in ss. 11.0204 (2) (c), (3) (b), (4) (c) and (d), (5) (b) and (c), and (6) (a) and (b), 11.0304 (2) (c), (3) (b), (4) (c) and (d), and (5) (b) and (c), 11.0404 (2) (c) and (d) and (3) (b) and (c), 11.0504 (2) (c), (3) (b), (4) (c) and (d), and (5) (b) and (c), 11.0604 (2) (c), (3) (b), (4) (c) and (d), and (5) (b) and (c), 11.0704 (2), (3) (a), (4) (a) and (b), and (5) (a) and (b), 11.0804 (2) (c), (3) (b), (4) (c) and (d), and (5) (b) and (c), and 11.0904 (2) (c), (3) (b), (4) (c) and (d), and (5) (b) and (c), Stats.

ETH 26.01(4) (4) “Contribution” has the meaning given in s. 11.0101 (8), Stats.

ETH 26.01(5) (5) “Contributor” means a person or committee who makes a contribution.

ETH 26.01(6) (6) “Contributor information” includes the information required by ss. 11.0204 (1) (a) 1. and 3., 11.0304 (1) (a) 1. and 3., 11.0404 (1) (a) 1.and 3., 11.0504 (1) (a) 1. and 3., 11.0604 (1) (a) 1. and 3., 11.0704 (1) (b) 1. and 2., 11.0804 (1) (a) 1. and 2., and 11.0904 (1) (a) 1. and 3., Stats.

ETH 26.01(7) (7) “Disbursement” has the meaning given in s. 11.0101 (10), Stats.

ETH 26.01(8) (8) “Disbursement information” includes the information required by ss. 11.0204 (1) (a) 8., 11.0304 (1) (a) 8., 11.0404 (1) (a) 8., 11.0504 (1) (a) 8., 11.0604 (1) (a) 8., 11.0804 (1) (a) 7., and 11.0904 (1) (a) 8., Stats., regarding disbursements greater than $20.

ETH 26.01(9) (9) “Excess contribution” means a contribution that exceeds any of the limits set in ss. 11.1101, 11.1104, 11.1107, and 11.1108, Stats.

ETH 26.01(10) (10) “Filing fee” means the fee required by s. 11.0102 (2), Stats.

ETH 26.01(11) (11) “Late contribution” means a contribution or contributions of $1,000 or more cumulatively from a single contributor made later than 15 days prior to a primary or election as described in ss. 11.0204 (7), 11.0304 (7), and 11.0404 (4), Stats.

ETH 26.01(12) (12) “Late contribution report” includes the campaign finance reports referred to in ss. 11.0204 (7), 11.0304 (7), and 11.0404 (4), Stats., that are due no later than 72 hours after receiving a late contribution if the late contribution was not previously included in the registrant’s preprimary or preelection report.

ETH 26.01(12m) (12m) “Lobbying communication” has the meaning given in s. 13.62 (10g), Stats.

ETH 26.01(13) (13) “Lobbyist” has the meaning given in s. 13.62 (11), Stats.

ETH 26.01(14) (14) “Post-election campaign finance report” includes the campaign finance reports referred to in ss. 11.0204 (3) (c) and (5) (d), 11.0304 (3) (c) and (5) (d), 11.0404 (3) (d), 11.0504 (3) (c) and (5) (d), 11.0604 (3) (c) and (5) (d), and 11.0704 (3) (b) and (5) (c), Stats., that are due no earlier than 23 days and no later than 45 days after a special election.

ETH 26.01(15) (15) “Preelection campaign finance report” includes the campaign finance reports referred to in ss. 11.0204 (2) (b), (3) (a), (4) (b), and (5) (a), 11.0304 (2) (b), (3) (a), (4) (b), and (5) (a), 11.0404 (2) (b) and (3) (a), 11.0504 (2) (b), (3) (a), (4) (b), and (5) (a), 11.0604 (2) (b), (3) (a), (4) (b), and (5) (a), 11.0804 (2) (b), (3) (a), (4) (b), and (5) (a), and 11.0904 (2) (b), (3) (a), (4) (b), and (5) (a), Stats., that are due no earlier than 14 days and no later than 8 days before an election.

ETH 26.01(16) (16) “Preprimary campaign finance report” includes the campaign finance reports referred to in ss. 11.0204 (2) (a) and (4) (a), 11.0304 (2) (a) and (4) (a), 11.0404 (2) (a), 11.0504 (2) (a) and (4) (a), 11.0604 (2) (a) and (4) (a), 11.0804 (2) (a) and (4) (a), and 11.0904 (2) (a) and (4) (a), Stats., that are due no earlier than 14 days and no later than 8 days before a primary.

ETH 26.01(17) (17) “Principal” has the meaning given in s. 13.62 (12), Stats.

ETH 26.01(18) (18) “Prior offense” means a previous violation of the same provision within the past 3 years.

ETH 26.01(19) (19) “Registrant” means an individual or organization registered with the ethics commission.

ETH 26.01(20) (20) “September report” includes the campaign finance reports due in September referred to in ss. 11.0204 (4) (d), (5) (c), and (6) (b), 11.0304 (4) (d) and (5) (c), 11.0404 (2) (d) and (3) (c), 11.0504 (4) (d) and (5) (c), 11.0604 (4) (d) and (5) (c), 11.0704 (4) (b) and (5) (b), 11.0804 (4) (d) and (5) (c), and 11.0904 (4) (d) and (5) (c), Stats.

ETH 26.01(21) (21) “Specific express advocacy report” includes the campaign finance reports referred to in ss. 11.0505, 11.0605, and 11.1001, Stats., that are due no later 72 hours after making a disbursement on express advocacy during the period beginning on the day that is 60 days prior to the day of the primary or election and ending on the day of the primary or election.

ETH 26.01(22) (22) “Statement of economic interests” means a statement of economic interests that an individual is required to file under s. 19.43, Stats.

ETH 26.01(23) (23) “Statement of lobbying activity and expenditures” means the statement referred to in s. 13.68, Stats.

ETH 26.01 History History: CR 17-035: cr., Register January 2018 No. 745 eff. 2-1-18; correction in (3), (6), (14), (15), (16), (20), made under s. 35.17, Stats., Register January 2018 No. 745; CR 20-019: cr. (1m), (12m) Register June 2021 No. 786, eff. 7-1-21.

ETH 26.02 ETH 26.02 Settlement of campaign finance violations.

ETH 26.02(1) (1) Failure to timely file a continuing report or September report.

ETH 26.02(1)(a) (a) If the commission receives a continuing or September report within 30 calendar days after the due date for that report, the commission may issue a written warning to the registrant.

ETH 26.02(1)(b) (b) If the commission receives a continuing or September report within 31 to 60 calendar days after the due date for that report, the commission may extend a settlement offer to the registrant as follows:

ETH 26.02(1)(b)1. 1. If the registrant has committed no prior offenses, a settlement offer of $100 may be extended.

ETH 26.02(1)(b)2. 2. If the registrant has committed a prior offense, a settlement offer of $200 may be extended.

ETH 26.02(1)(c) (c) If the commission receives a continuing or September report within 61 to 90 calendar days after the due date for that report, the commission may extend a settlement offer to the registrant as follows:

ETH 26.02(1)(c)1. 1. If the registrant has committed no prior offenses, a settlement offer of $200 may be extended.

ETH 26.02(1)(c)2. 2. If the registrant has committed a prior offense, a settlement offer of $300 may be extended.

ETH 26.02(1)(d) (d) If the commission receives a continuing or September report within 91 to 120 calendar days after the due date for that report, the commission may extend a settlement offer to the registrant as follows:

ETH 26.02(1)(d)1. 1. If the registrant has committed no prior offenses, a settlement offer of $300 may be extended.

ETH 26.02(1)(d)2. 2. If the registrant has committed a prior offense, a settlement offer of $400 may be extended.

ETH 26.02(1)(e) (e) If the commission receives a continuing or September report more than 120 calendar days after the due date for that report, the commission may extend a settlement offer of $500.

ETH 26.02(2) (2) Failure to timely file a preprimary, preelection, or post-election report.

ETH 26.02(2)(a) (a) If the commission receives a preprimary, preelection, or post-election report one calendar day after the due date for that report, the commission may extend a settlement offer of $100.

ETH 26.02(2)(b) (b) If the commission receives a preprimary, preelection, or post-election report 2 calendar days after the due date for that report, the commission may extend a settlement offer of $150.

ETH 26.02(2)(c) (c) If the commission receives a preprimary, preelection, or post-election report 3 calendar days after the due date for that report, the commission may extend a settlement offer of $200.

ETH 26.02(2)(d) (d) If the commission receives a preprimary, preelection, or post-election report 4 calendar days after the due date for that report, the commission may extend a settlement offer of $250.

ETH 26.02(2)(e) (e) If the commission receives a preprimary, preelection, or post-election report 5 calendar days after the due date for that report, the commission may extend a settlement offer of $300.

ETH 26.02(2)(f) (f) If the commission receives a preprimary, preelection, or post-election report 6 calendar days after the due date for that report, the commission may extend a settlement offer of $350.

ETH 26.02(2)(g) (g) If the commission receives a preprimary, preelection, or post-election report 7 calendar days after the due date for that report, the commission may extend a settlement offer of $400.

ETH 26.02(2)(h) (h) If the commission receives a preprimary, preelection, or post-election report 8 calendar days after the due date for that report, the commission may extend a settlement offer of $450.

ETH 26.02(2)(i) (i) If the commission receives a preprimary, preelection, or post-election report 9 or more calendar days after the due date for that report, the commission may extend a settlement offer of $500.

ETH 26.02(3) (3) Failure to timely pay a filing fee.

ETH 26.02(3)(a) (a) If the commission receives a filing fee within one to 15 calendar days after the due date, the commission may issue a written warning to the registrant.

ETH 26.02(3)(b) (b) If the commission receives a filing fee within 16 to 45 calendar days after the due date, the commission may extend a settlement offer of $300.

ETH 26.02(3)(c) (c) If the commission receives a filing fee within 46 to 90 calendar days after the due date, the commission may extend a settlement offer of $500.

ETH 26.02(3)(d) (d) If the commission receives a filing fee more than 90 calendar days after the due date, the commission may extend a settlement offer of $800.

ETH 26.02(4) (4) Failure to timely file a late contribution report. If a registrant fails to timely file a late contribution report, the commission may extend a settlement offer of 5 percent of the total amount of the late contribution.

ETH 26.02(5) (5) Failure to timely file a specific express advocacy report. If a person fails to timely file a specific express advocacy report, the commission may extend a settlement offer of 5 percent of the disbursement not timely reported.

ETH 26.02(6) (6) Failure to provide contributor information.

ETH 26.02(6)(a) (a) If contributor information is not included on a campaign finance report, but is received within 30 calendar days after notification from the commission, the commission may issue a written warning to the registrant.

ETH 26.02(6)(b) (b) If contributor information is not included on a campaign finance report, but is received more than 30 calendar days after notification from the commission, the commission may extend a settlement offer of $100 plus 10 percent of the total amount of contributions with incomplete contributor information.