Chapter 11

subch. VI of ch. 11 SUBCHAPTER VI

INDEPENDENT EXPENDITURE COMMITTEES

11.0601 11.0601 Registration; treasurer and depositories.

11.0601(1) (1) Each independent expenditure committee required to register under this chapter shall designate a treasurer to comply with the registration and reporting requirements under this subchapter.

11.0601(2) (2) The treasurer shall ensure that all funds received are deposited in the independent expenditure committee depository account.

11.0601(3) (3) 

11.0601(3)(a) (a) No disbursement may be made or obligation incurred by or on behalf of an independent expenditure committee without the authorization of the treasurer or a designated agent.

11.0601(3)(b) (b) An independent expenditure committee may not make a contribution to a committee, other than a referendum committee or another independent expenditure committee.

11.0601(4) (4) The treasurer shall maintain the records of the independent expenditure committee in an organized and legible manner for not less than 3 years after the date of the election in which the independent expenditure committee participates.

11.0601(5) (5) A person may register more than one independent expenditure committee under this subchapter.

11.0601 History History: 2015 a. 117.

11.0602 11.0602 Registration; timing.

11.0602(1) (1) Every independent expenditure committee that makes or accepts contributions, makes disbursements, or incurs obligations to support or oppose a candidate in a calendar year in an aggregate amount in excess of $2,500 shall file a registration statement giving the information required by s. 11.0603.

11.0602(2) (2) An independent expenditure committee that triggers the registration requirement under sub. (1) shall file the registration statement no later than the 10th business day commencing after receipt of the first contribution by the independent expenditure committee exceeding the amount specified under sub. (1), before making any disbursement exceeding that amount, and before incurring obligations exceeding that amount.

11.0602 History History: 2015 a. 117.

11.0603 11.0603 Registration; required information.

11.0603(1) (1) Required information. The independent expenditure committee shall indicate on the registration statement that it is registering as an independent expenditure committee and shall include all of the following on the registration statement:

11.0603(1)(a) (a) The name and mailing address of the independent expenditure committee.

11.0603(1)(b) (b) The name and mailing address of the treasurer and any other custodian of books and accounts. Unless otherwise directed by the treasurer on the registration form and except as otherwise provided in this chapter or any rule of the commission, all mailings that are required by law or by rule of the commission shall be sent to the treasurer at the treasurer’s address indicated upon the form.

11.0603(1)(bd) (bd) The email address and personal telephone number of the treasurer and any other custodian of books and accounts. Telephone numbers provided under this paragraph shall be kept confidential and are not subject to the right of inspection and copying under s. 19.35 (1).

11.0603(1)(c) (c) The name and address of the depository account of the independent expenditure committee and of any other institution where funds of the committee are kept.

11.0603(1)(f) (f) The name and address of the independent expenditure committee’s sponsoring organization, if any.

11.0603(2) (2) Certification. The individual responsible for filing or amending an independent expenditure committee’s registration statement and any form or report required of the committee under this chapter shall certify that all information contained in the statement, form, or report is true, correct, and complete.

11.0603(3) (3) Change of information.

11.0603(3)(a) (a) The independent expenditure committee shall report any change in information previously submitted in a registration statement within 10 days following the change. Except as provided in par. (b), any such change may be reported only by the individual or by the officer who has succeeded to the position of an individual who signed the original statement.

11.0603(3)(b) (b) The administrator or treasurer of an independent expenditure committee may report a change in the committee’s registration statement.

11.0603 History History: 2015 a. 117 ss. 24, 74 (1m); 2023 a. 120.

11.0604 11.0604 Reporting.

11.0604(1) (1) Contributions and disbursements.

11.0604(1)(a) (a) Each independent expenditure committee shall make full reports, upon a form prescribed by the commission and certified as required under s. 11.0103 (3) (c), of all contributions, disbursements, and obligations received, made, and incurred by the committee. The independent expenditure committee shall include in each report the following information, covering the period since the last date covered on the previous report:

11.0604(1)(a)1. 1. An itemized statement giving the date, full name, and street address of each person who has made a contribution to the independent expenditure committee, together with the amount of the contribution.

11.0604(1)(a)2. 2. An itemized statement giving the date, full name, and street address of each committee to which the independent expenditure committee has made a contribution, together with the amount of the contribution.

11.0604(1)(a)3. 3. The occupation, if any, of each individual contributor whose cumulative contributions to the independent expenditure committee for the calendar year are in excess of $200.

11.0604(1)(a)4. 4. An itemized statement of each contribution made anonymously to the independent expenditure committee. If the contribution exceeds $10, the independent expenditure committee shall specify whether the committee donated the contribution to the common school fund or to a charitable organization, and shall include the full name and mailing address of the donee.

11.0604(1)(a)5. 5. A statement of totals during the reporting period of contributions received and contributions donated as provided in subd. 4.

11.0604(1)(a)6. 6. A statement of the cash balance on hand at the beginning and end of the reporting period.

11.0604(1)(a)7. 7. An itemized statement of each loan of money made to the independent expenditure committee, together with all of the following:

11.0604(1)(a)7.a. a. The full name and mailing address of the lender.

11.0604(1)(a)7.b. b. A statement of whether the lender is a commercial lending institution.

11.0604(1)(a)7.c. c. The date and amount of the loan.

11.0604(1)(a)7.d. d. The full name and mailing address of each guarantor, if any.

11.0604(1)(a)7.e. e. The original amount guaranteed by each guarantor.

11.0604(1)(a)7.f. f. The balance of the amount guaranteed by each guarantor at the end of the reporting period.

11.0604(1)(a)8. 8. An itemized statement of every disbursement exceeding $20 in amount or value, together with the name and address of the person to whom the disbursement was made, and the date and specific purpose for which the disbursement was made.

11.0604(1)(a)9. 9. An itemized statement of every obligation exceeding $20 in amount or value, together with the name of the person or business with whom the obligation was incurred, and the date and the specific purpose for which each such obligation was incurred.

11.0604(1)(a)10. 10. A statement of totals during the reporting period of disbursements made, including transfers made to and received from other committees, other income, and loans.

11.0604(1)(a)11. 11. A statement of the balance of obligations incurred as of the end of the reporting period.

11.0604(1)(b) (b) The independent expenditure committee shall begin each report filed under this chapter with the first contribution received, disbursement made, or obligation incurred during the reporting period.

11.0604(2) (2) Reports to support or oppose candidates at spring primary. An independent expenditure committee that makes or accepts contributions, makes disbursements, or incurs obligations to support or oppose one or more candidates for office at a spring primary or a candidate at a special primary held to nominate nonpartisan candidates to be voted for at a special election held to fill a vacancy in one or more of the nonpartisan state or local offices voted for at the spring election, or to support or oppose other committees engaging in such activities, shall do all the following:

11.0604(2)(a) (a) File a preprimary report no earlier than 14 days and no later than 8 days preceding the primary. If a candidate for a nonpartisan state office at an election is not required to participate in a spring primary, the independent expenditure committee shall file a preprimary report at the time prescribed in s. 11.0103 (4) preceding the date specified for the holding of the primary, were it to be required.

11.0604(2)(b) (b) File a preelection report no earlier than 14 days and no later than 8 days preceding the election.

11.0604(2)(c) (c) Annually in each year of an election cycle, file a report on January 15 and July 15.

11.0604(3) (3) Reports to support or oppose candidates at spring election. An independent expenditure committee that makes or accepts contributions, makes disbursements, or incurs obligations to support or oppose one or more candidates for office at a spring election or a candidate at a special election held to fill a vacancy in one or more of the nonpartisan state or local offices voted for at the spring election, or to support or oppose other committees engaging in such activities, shall do all the following:

11.0604(3)(a) (a) File a preelection report no earlier than 14 days and no later than 8 days preceding the election.

11.0604(3)(b) (b) Annually in each year of an election cycle, file a report on January 15 and July 15.

11.0604(3)(c) (c) Unless a continuing report is required to be filed under this subsection on or before the 45th day after the special election, file a postelection report no earlier than 23 days and no later than 45 days after each special election.

11.0604(4) (4) Reports to support or oppose candidates at partisan primary. An independent expenditure committee that makes or accepts contributions, makes disbursements, or incurs obligations to support or oppose one or more candidates for office at a partisan primary or a candidate at a special primary held to nominate candidates to be voted for at a special election held to fill a vacancy in one or more of the state or local offices voted for at the general election, or to support or oppose other committees engaging in such activities, shall do all the following:

11.0604(4)(a) (a) File a preprimary report no earlier than 14 days and no later than 8 days preceding the primary.

11.0604(4)(b) (b) File a preelection report no earlier than 14 days and no later than 8 days preceding the election.

11.0604(4)(c) (c) In an odd-numbered year, file a report on January 15 and July 15.

11.0604(4)(d) (d) In an even-numbered year, file a report on January 15 and July 15.

11.0604(4)(e) (e) In an even-numbered year, file a report on September 30 indicating contributions, disbursements, and obligations received, made, or incurred after July 1 that are not included in the preprimary report.

11.0604(5) (5) Reports to support or oppose candidates at general election. An independent expenditure committee that makes or accepts contributions, makes disbursements, or incurs obligations to support or oppose one or more candidates for office at a general election or a candidate at a special election held to fill a vacancy in one or more of the state or local offices voted for at the general election, or to support or oppose other committees engaging in such activities shall do all of the following:

11.0604(5)(a) (a) File a preelection report no earlier than 14 days and no later than 8 days preceding the election.

11.0604(5)(b) (b) In an odd-numbered year, file a report on January 15 and July 15.

11.0604(5)(c) (c) In an even-numbered year, file a report on January 15 and July 15.

11.0604(5)(cm) (cm) In an even-numbered year, file a report on September 30 indicating contributions, disbursements, and obligations received, made, or incurred after July 1 that are not included in the preprimary report.

11.0604(5)(d) (d) Unless a continuing report is required to be filed under this subsection on or before the 45th day after the special election, file a postelection report no earlier than 23 days and no later than 45 days after each special election.

11.0604 History History: 2015 a. 117 ss. 24, 74 (1m); 2021 a. 265.

11.0605 11.0605 Reporting; specific express advocacy.

11.0605(1) (1) Disbursements.

11.0605(1)(a) (a)

11.0605(1)(a)1. 1. For express advocacy that will occur during the period beginning 60 days prior to the spring primary and ending on the date of the spring election, an independent expenditure committee spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the spring primary or spring election shall submit statements to the commission under par. (b) for express advocacy.

11.0605(1)(a)2. 2. For express advocacy that will occur during the period beginning 60 days prior to the partisan primary and ending on the date of the general election, an independent expenditure committee spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the partisan primary or general election shall submit statements to the commission under par. (b) for express advocacy as follows:

11.0605(1)(a)2.a. a. During the period beginning 60 days prior to the partisan primary and ending on the date of the partisan primary.

11.0605(1)(a)2.b. b. During the period beginning 60 days prior to the general election and ending on the date of the general election.

11.0605(1)(a)3. 3. For express advocacy that will occur during the period beginning 60 days prior to a special primary and ending on the date of the special election, an independent expenditure committee spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the special primary or special election shall submit statements to the commission under par. (b) for express advocacy.

11.0605(1)(b) (b) An independent expenditure committee required to report under this section shall submit statements to the commission providing all of the following information:

11.0605(1)(b)1. 1. The dates on which the committee incurred the obligations or made the disbursements.

11.0605(1)(b)2. 2. The name and address of the obligees or persons who received the disbursements.

11.0605(1)(b)3. 3. The purpose for making the disbursements or incurring the obligations.

11.0605(1)(b)4. 4. The amount spent or incurred for each act of express advocacy.

11.0605(1)(b)5. 5. The name of any candidate identified in the express advocacy, the office that the candidate seeks, and whether the express advocacy supports or opposes that candidate.

11.0605(1)(b)6. 6. An affirmation, made under oath, that the independent expenditure committee will comply with the prohibition on coordination under s. 11.1203 with respect to any candidate or agent or candidate committee who is supported or opposed by the express advocacy.

11.0605(1)(b)7. 7. The name and mailing and street address of the independent expenditure committee’s designated agent in this state.

11.0605(2) (2) Exception.

11.0605(2)(a) (a) An independent expenditure committee that is required to report under this section is not required to submit the information described under sub. (1) (b) regarding disbursements made before reaching the $2,500 threshold under sub. (1) (a). For purposes of this section, a disbursement for express advocacy is the amount spent directly on developing, producing, and disseminating the express advocacy.

11.0605(2)(b) (b) This section does not apply to any of the following:

11.0605(2)(b)1. 1. A communication, other than an advertisement, appearing in a news story, commentary, or editorial distributed through the facilities of any news organization, unless the facilities are controlled by any committee or candidate.