Chapter ETH 1

Chapter ETH 1

CAMPAIGN FINANCING

ETH 1.20   Treatment and reporting of in-kind contributions.

ETH 1.25   Loan treatment respecting limitations.

ETH 1.26   Return of contribution.

ETH 1.32   Contribution of partnership funds.

ETH 1.33   Retirement of campaign debts incurred to business creditors.

ETH 1.385   Return of contributions to contributors by candidates when candidates file nomination papers for offices that have lower contribution limits than the limits that applied at the time of the contributions.

ETH 1.39   Conversion of federal campaign committee to state committee prohibited.

ETH 1.56   Commercial sales by political registrants.

ETH 1.60   Consulting services.

ETH 1.70   Travel reimbursements.

ETH 1.85   Conduit registration and reporting requirements.

ETH 1.855   Contributions from conduit accounts.

ETH 1.95   Contributions of individuals under the age of 18.

ETH 1.96   Attribution requirements.

Ch. ETH 1 Note Note: Chapter ElBd 1 was renumbered chapter GAB 1 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 6. and 7., Stats., Register April 2008 No. 628. Chapter GAB 1 was renumbered Chapter ETH 1 under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726.

ETH 1.20 ETH 1.20 Treatment and reporting of in-kind contributions.

ETH 1.20(1) (1) In this section:

ETH 1.20(1)(a) (a) “Actual value” means the fair market value.

ETH 1.20(1)(b) (b) “Authorized person” means a candidate, treasurer, agent, other person whom a candidate designates, or a person whom any other registrant designates to authorize a proposed in-kind contribution.

ETH 1.20(1)(c) (c) “Contributor” means any individual or registrant who proposes to make an in-kind contribution.

ETH 1.20(1)(d) (d) “Date of contribution” means the time as of which the benefit, of the thing of value given or of the service performed, is conferred upon the candidate’s campaign or upon the registrant.

ETH 1.20(1)(e) (e) “In-kind contribution” means a disbursement by a contributor to procure a thing of value or service for the benefit of a registrant who authorized the disbursement.

ETH 1.20(1)(f) (f) “Registrant” has the same meaning as provided in s. 11.0101 (6) and (7), Stats.

ETH 1.20(2) (2) Before making an in-kind contribution to a candidate or other registrant, the prospective contributor shall notify an authorized person and obtain that person’s oral or written consent to the contribution.

ETH 1.20(3) (3) When an individual other than a registrant receives authorization to make an in-kind contribution, the authorized person shall obtain from the contributor, in writing: the contributor’s name and address and, where applicable, the contributor’s occupation, the nature of the contribution, its actual value, and the date of the contribution.

ETH 1.20(4) (4) When a registrant receives authorization to make an in-kind contribution, the registrant shall provide to the authorized person, in writing, before the closing date of the next campaign finance report in which the contribution is required to be listed: the registrant’s name and address, the nature of the contribution and its actual value, and the date of the contribution.

ETH 1.20(5) (5) If a contributor does not know the actual value of an in-kind contribution, the contributor shall give an authorized person a good-faith and reasonable estimate of the fair market value, before the closing date of the next campaign finance report in which the contribution is required to be listed. When the contributor receives bills or other statements reflecting the actual value of the in-kind contribution, the contributor shall immediately forward that information to an authorized person.

ETH 1.20(6) (6) An in-kind contribution shall be reported as received and accepted by the candidate or registrant on the date that the benefit, of the material supplied or the service performed, is conferred upon the candidate or other registrant.

ETH 1.20(7) (7) A candidate or registrant shall report the value of the in-kind contribution disclosed to him or her by the contributor. If a contributor estimates the fair market value, a candidate or registrant shall report the estimated value. After being informed of the actual value, by the contributor, a candidate or registrant shall report the actual value on the next campaign finance report.

ETH 1.20(8) (8) Without the proper authorization to make an in-kind contribution, a contributor may not make the proposed in-kind contribution unless the contribution qualifies as an independent expenditure under ss. 11.0505, 11.0605, and 11.1001, Stats.

ETH 1.20(9) (9) Any registrant who makes or receives an in-kind contribution shall report the contribution on its campaign finance report.

ETH 1.20 History History: Cr. Register, January, 1992, No. 433, eff. 2-1-92; correction in (1) (f), (8) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 19-035: am. (9) Register May 2020 No. 773, eff. 6-1-20; CR 20-010: am. (3), (4) Register June 2021 No. 786, eff. 7-1-21.

ETH 1.25 ETH 1.25 Loan treatment respecting limitations. A loan when made by any person or committee, except a loan of money by a commercial lending institution made by the institution in accordance with applicable banking laws and regulations in the ordinary course of business, shall be reported as a contribution or disbursement, and also as an incurred obligation by the debtor. When such a loan is received by a registrant, it is counted within the contribution limitation of the creditor while outstanding, but is not counted within the limitation after repayment. The amount or value of any such outstanding loans and any other contributions or disbursements shall at no time exceed any limitation specified in ss. 11.1101, 11.1103, 11.1104, and 11.1105, Stats.

ETH 1.25 History History: Cr. Register, March, 1975, No. 231, eff. 4-1-75; am. Register, February, 1986, No. 362, eff. 3-1-86; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 20-010: am. Register June 2021 No. 786, eff. 7-1-21.

ETH 1.26 ETH 1.26 Return of contribution.

ETH 1.26(1) (1) This rule is promulgated to clarify the treatment and reporting of returned contributions.

ETH 1.26(2) (2) The return of a contribution is not a disbursement and it is not a contribution subject to the limitations on contributions in ss. 11.1101, 11.1103, 11.1104, and 11.1105, Stats.

ETH 1.26(5) (5) Any registrant and candidate who returns a contribution that is not deposited into the campaign depository within 10 days of receipt is not required to report the returned, unaccepted contribution on a campaign finance report.

ETH 1.26(6) (6) A registrant who receives a return of contribution shall report it on the campaign finance report and shall designate this as “return of contribution.”

ETH 1.26 History History: Cr. Register, March, 1975, No. 231, eff. 4-1-75; am. Register, September, 1978, No. 273, eff. 10-1-78; r. and recr. (3) to (5), cr. (6), Register, February, 1986, No. 362, eff. 3-1-86; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 18-047: r. (3), (4) August 2019 No. 764, eff. 9-1-19; CR 19-035: am. (2), (6) Register May 2020 No. 773, eff. 6-1-20.

ETH 1.32 ETH 1.32 Contribution of partnership funds.

ETH 1.32(1) (1) As used in this rule, “partnership” includes all associations organized for profit and all other partnerships.

ETH 1.32(1)(a) (a) A contribution in the name of a partnership shall be treated as an individual contribution from each partner in relation to each partner’s interest in the partnership profits or losses unless the partners agree to apportion the contribution otherwise.

ETH 1.32(1)(b) (b) When a contribution is made in the name of a partnership, the registrant must obtain the information as to each partner’s share thereof within 30 days after receiving the contribution or return the contribution.

ETH 1.32 History History: Cr. Register, June, 1977, No. 258, eff. 7-1-77.

ETH 1.33 ETH 1.33 Retirement of campaign debts incurred to business creditors.

ETH 1.33(1) (1) As used in this section “an obligation incurred by a registrant to a business creditor” means an obligation incurred by the registrant for goods or services.

ETH 1.33(2) (2) An obligation incurred by a registrant to a business creditor will be treated as a contribution of the creditor if any part of the obligation is outstanding for a period longer than that consistent with normal business or trade practice, or if the obligation is settled for less than the outstanding debt, unless a showing is made to the registrant’s filing officer that the creditor has treated the obligation in a commercially reasonable manner. Such a showing must include at least the following:

ETH 1.33(2)(a) (a) The initial extension of credit on which the obligation was incurred was made in the ordinary course of business with terms substantially similar to those granted to non-political debtors of similar credit risk; and

ETH 1.33(2)(b) (b) The creditor has made all reasonable efforts to retire the debt, including pursuit of all remedies which would normally be employed by the creditor in pursuit of a non-political debtor. “Reasonable efforts to retire the debt” include lawsuits, if filed in similar circumstances.

ETH 1.33 History History: Cr. Register, August, 1977, No. 260, eff. 9-1-77.

ETH 1.385 ETH 1.385 Return of contributions to contributors by candidates when candidates file nomination papers for offices that have lower contribution limits than the limits that applied at the time of the contributions. A candidate shall be subject to the contribution limits that apply to the candidate at the time of the primary election at which the candidate’s name appears on the ballot. If a candidate for any office has unspent contributions in his or her campaign depository at the time of filing nomination papers that were lawful at the time of receipt but exceeded the contribution limit that applies to the office for which the candidate is seeking nomination, the candidate shall dispose of the unspent contributions. The candidate shall either return the excess contribution to the contributor on a reasonable basis that the candidate determines or donate the excess contribution to either the common school fund or a charitable organization.

ETH 1.385 History History: Emerg. cr. eff. 6-1-86; cr. Register, November, 1986, No. 371, eff. 12-1-86.

ETH 1.39 ETH 1.39 Conversion of federal campaign committee to state committee prohibited.

ETH 1.39(1) (1) As used in this rule,