Chapter 11

11.1203 11.1203 Coordination.

11.1203(1) (1) No political action committee, independent expenditure committee, other person required to report under s. 11.1001, or individual may make an expenditure for express advocacy for the benefit of a candidate that is coordinated with that candidate, candidate’s committee, or candidate’s agent, nor with any legislative campaign committee of the candidate’s political party, or a political party, in violation of the contribution limits under s. 11.1101 or the source restrictions under s. 11.1112.

11.1203(2) (2) 

11.1203(2)(a) (a) For purposes of this section, an expenditure for express advocacy is coordinated if any of the following applies:

11.1203(2)(a)1. 1. The candidate, candidate’s agent, legislative campaign committee of the candidate’s political party, or the candidate’s political party communicates directly with the political action committee, independent expenditure committee, other person, or individual making the expenditure to specifically request that the political action committee, independent expenditure committee, other person, or individual make the expenditure that benefits the candidate and the political action committee, independent expenditure committee, other person, or individual explicitly assents to the request before making the expenditure.

11.1203(2)(a)2. 2. The candidate, candidate’s agent, legislative campaign committee of the candidate’s political party, or the candidate’s political party exercises control over the expenditure or the content, timing, location, form, intended audience, number, or frequency of the communication.

11.1203(2)(b) (b) If an expenditure for express advocacy is coordinated, but not in violation of the coordination prohibitions under sub. (1), all of the following apply:

11.1203(2)(b)1. 1. The political action committee or independent expenditure committee making the expenditure shall report the expenditure as required under this chapter.

11.1203(2)(b)2. 2. The candidate committee shall report the expenditure as a contribution.

11.1203(3) (3) None of the following are considered coordinated communications prohibited under this section:

11.1203(3)(a) (a) Candidates endorsing and soliciting contributions for other candidates.

11.1203(3)(b) (b) Candidates, candidate committees, legislative campaign committees, and political parties responding to inquiries about a candidate’s or political party’s position on legislative or policy issues.

11.1203(3)(c) (c) Using publicly available information to create, produce, or distribute a communication if sub. (2) does not apply to such use.

11.1203 History History: 2015 a. 117.

11.1204 11.1204 Unlawful political contributions.

11.1204(1) (1) Subject to sub. (2), no person may, directly or indirectly, make any contribution other than from funds or property belonging to the person. No person may, directly or indirectly, give funds or property to another person for the purpose of making a contribution in other than the first person’s name.

11.1204(2) (2) A conduit releasing a contribution of money in the manner prescribed in s. 11.0704 does not violate sub. (1).

11.1204(3) (3) No person may intentionally receive or accept any contribution made in violation of this chapter.

11.1204 History History: 2015 a. 117.

11.1204 Annotation The unit of prosecution under former s. 11.24 (1), 1977 stats., is every transfer of funds to another person accompanied by the false listing of any single contributor. An individual illegally furnishing funds from a corporate account may be convicted under former s. 11.24 (1), 1977 stats. State v. Dreske, 88 Wis. 2d 60, 276 N.W.2d 324 (Ct. App. 1979).

11.1205 11.1205 Use of government materials by candidates.

11.1205(1) (1) 

11.1205(1)(a) (a) Except as provided in pars. (am) and (ar) and sub. (2), no person elected to state or local office who becomes a candidate for national, state, or local office may use public funds for the cost of materials or distribution for 50 or more pieces of substantially identical material distributed after:

11.1205(1)(a)1. 1. In the case of a candidate who is nominated by nomination papers, the first day authorized by law for circulation of nomination papers as a candidate.

11.1205(1)(a)2. 2. In the case of a candidate who is nominated at a primary election by write-in votes, the day the board of canvassers issues its determination that the person is nominated.

11.1205(1)(a)3. 3. In the case of a candidate who is nominated at a caucus, the date of the caucus.

11.1205(1)(a)4. 4. In the case of any other candidate who is nominated solely by filing a declaration of candidacy, the first day of the month preceding the month which includes the last day for filing the declaration.

11.1205(1)(am) (am)

11.1205(1)(am)1. 1. The 50-piece limitation under par. (a) applies to a representative to the assembly who becomes a candidate at an election for partisan office only after the last day authorized by law for filing nomination papers for that election.

11.1205(1)(am)2. 2. With respect to any election for partisan office, a state senator who becomes a candidate at that election may not use public funds for the cost of materials or distribution for 150 or more pieces of substantially identical material distributed after the last day authorized by law for filing nomination papers for that election.

11.1205(1)(ar) (ar) This subsection does not apply during a state of emergency declared by the federal government, by the governor under s. 323.10, or by a local government under s. 323.11 with respect to any elective office representing any part of the territory that is subject to the emergency declaration if the materials distributed are substantially related to the emergency or a government order issued in connection with the emergency.

11.1205(1)(b) (b) This subsection applies until after the date of the election or after the date of the primary election if the person appears as a candidate on a primary election ballot and is not nominated at the primary election.

11.1205(1)(c) (c) No legislative rule may impose limits on the use of public funds by members of the legislature for the cost of materials or distribution of pieces of substantially identical material that are more restrictive than the limits imposed under pars. (a) and (am).

11.1205(1)(d) (d) Notwithstanding ss. 11.1400 (1) and 11.1401 (1) (c) 1., violations of this section shall be punished as follows:

11.1205(1)(d)1. 1. A violation that occurs on or before the 7th business day after the applicable deadline is punishable by a formal warning of the commission, which the commission shall publish on its Internet site.

11.1205(1)(d)2. 2. A violation that occurs after the 7th business day and on or before the 14th business day after the applicable deadline is punishable by a $100 forfeiture. A forfeiture under this subdivision may not be paid from campaign funds in the candidate’s candidate committee depository account.

11.1205(1)(d)3. 3. A violation that occurs after the 14th business day after the applicable deadline is punishable by a $500 forfeiture. A forfeiture under this subdivision may not be paid from campaign funds in the candidate’s candidate committee depository account.

11.1205(2) (2) This section does not apply to use of public funds for the costs of the following:

11.1205(2)(a) (a) Answers to communications of constituents.

11.1205(2)(b) (b) Actions taken by a state or local government administrative officer pursuant to a specific law, ordinance or resolution which authorizes or directs the actions to be taken.

11.1205(2)(c) (c) Communications between members of the legislature, or between members of the legislature and partisan or nonpartisan legislative staff.

11.1205(2)(d) (d) Communications not exceeding 500 pieces by members of the legislature relating solely to the subject matter of a special session or extraordinary session, made during the period between the date that the session is called or scheduled and 14 days after adjournment of the session.

11.1205 History History: 2015 a. 117; 2023 a. 105.

11.1205 Annotation Former s. 11.33, 1979 stats., applies to persons elected to state office who are seeking reelection or election to a different office and to the use of public funds for political purposes. 69 Atty. Gen. 259.

11.1206 11.1206 Travel by public officers.

11.1206(1) (1) No person may use any vehicle or aircraft owned by the state or by any local governmental unit for any trip which is exclusively for the purposes of campaigning to support or oppose any candidate for national, state, or local office, unless use of the vehicle or aircraft is required for purposes of security protection provided by the state or local governmental unit.

11.1206(2) (2) No person may use any vehicle or aircraft owned by the state or by any local governmental unit for purposes that include campaigning to support or oppose any candidate for national, state, or local office, unless the person pays to the state or local governmental unit a fee which is comparable to the commercial market rate for the use of a similar vehicle or aircraft and for any services provided by the state or local governmental unit to operate the vehicle or aircraft. If a trip is made in part for a public purpose and in part for the purpose of campaigning, the person shall pay for the portion of the trip attributable to campaigning, but in no case less than 50 percent of the cost of the trip. The portion of the trip attributable to campaigning shall be determined by dividing the number of appearances made for campaign purposes by the total number of appearances. Fees payable to the state shall be prescribed by the secretary of administration and shall be deposited in the account under s. 20.855 (6) (h). Fees payable to a local governmental unit shall be prescribed by the governing body of the governmental unit.

11.1206 History History: 2015 a. 117.

11.1207 11.1207 Political solicitation involving public officials and employees restricted.

11.1207(1) (1) 

11.1207(1)(a) (a) Except as provided in par. (b), no person may solicit or receive from any state officer or employee or from any officer or employee of the University of Wisconsin Hospitals and Clinics Authority any contribution during established hours of employment or while the officer or employee is engaged in his or her official duties.

11.1207(1)(b) (b) Paragraph (a) does not apply to communications about a referendum.

11.1207(2) (2) No person may solicit or receive from any officer or employee of a political subdivision of this state any contribution during established hours of employment or while the officer or employee is engaged in his or her official duties.

11.1207(3) (3) Every person who has charge or control in a building, office, or room occupied for any purpose by this state, by any political subdivision thereof, or by the University of Wisconsin Hospitals and Clinics Authority shall prohibit the entry of any person into that building, office, or room for the purpose of making or receiving a contribution.

11.1207(4) (4) No person may enter or remain in any building, office, or room occupied for any purpose by the state, by any political subdivision thereof or by the University of Wisconsin Hospitals and Clinics Authority or send or direct a letter or other notice thereto for the purpose of requesting or collecting a contribution.

11.1207(5) (5) This section does not apply to a response by a legal custodian or subordinate of the custodian to a request to locate, reproduce, or inspect a record under s. 19.35 if the request is processed in the same manner as the custodian or subordinate responds to other requests to locate, reproduce, or inspect a record under s. 19.35.

11.1207 History History: 2015 a. 117.

11.1208 11.1208 Unlawful political disbursements and obligations.

11.1208(1) (1) No person may intentionally receive or accept anything of value, or any promise or pledge thereof, constituting a disbursement made or obligation incurred contrary to law.

11.1208(2) (2) 

11.1208(2)(a) (a) Except as provided in pars. (b) and (c), a committee may not make a disbursement or incur an obligation for the committee’s or an individual’s strictly personal use.

11.1208(2)(b) (b) A committee may accept contributions and make disbursements from a campaign depository account for any of the following:

11.1208(2)(b)1. 1. For the purpose of making disbursements in connection with a campaign for national office.

11.1208(2)(b)2. 2. For payment of civil penalties incurred by the committee under this chapter but not under any other chapter.

11.1208(2)(b)3. 3. For the purpose of making a donation to a charitable organization or the common school fund.

11.1208(2)(b)4. 4. For payment of the expenses of nonpartisan campaigns to increase voter registration or participation.

11.1208(2)(c) (c) A candidate committee may accept contributions and make disbursements from a campaign depository account for payment of inaugural expenses of an individual who is elected to state or local office. Inaugural expenses paid from contributions made to the campaign depository account are reportable under s. 11.0204 (1) as disbursements and are subject to the limits under s. 11.1101.

11.1208(3) (3) No contributions to or disbursements from a committee’s depository account may be invested for the purpose of producing income unless the investment is in direct obligations of the United States and of agencies and corporations wholly owned by the United States, commercial paper maturing within one year from the date of investment, preferred shares of a corporation, or securities of an investment company registered under the federal investment company act of 1940 (15 USC 80a) and registered for public offer and sale in this state of the type commonly referred to as a “money market fund”.

11.1208(4) (4) No person may make or accept a contribution, make a disbursement, make an expenditure, or incur an obligation in violation of 11 CFR 110.20 and 52 USC 30121.

11.1208 History History: 2015 a. 117.

subch. XIII of ch. 11 SUBCHAPTER XIII

ADMINISTRATION

11.1301 11.1301 Defense fund authorized.

11.1301(1) (1) Any candidate or public official who is being investigated for, charged with, or convicted of a criminal violation of this chapter or ch. 12, or whose agent is so investigated, charged, or convicted, may establish a defense fund for disbursements supporting or defending the candidate, official, or agent, or any dependent of the candidate, official, or agent, while that person is being investigated for, or while the person is charged with or convicted of a criminal violation of this chapter or ch. 12.

11.1301(2) (2) No person may use a contribution received from a contributor to a candidate committee fund for a purpose for which a defense fund is authorized under sub. (1) unless the person obtains the contributor’s authorization. Notwithstanding s. 11.1202 (3), any contributor may authorize the transfer of all or part of a contribution from a campaign fund to a defense fund.

11.1301 History History: 2015 a. 117.

11.1303 11.1303 Attribution of political contributions, disbursements and communications; synthetic media.

11.1303(1) (1) No disbursement may be made anonymously and no contribution or disbursement may be made in a fictitious name or by one person or organization in the name of another.

11.1303(2) (2) 

11.1303(2)(a) (a) Every printed advertisement, billboard, handbill, sample ballot, television or radio advertisement, or other communication containing express advocacy or supporting or opposing a referendum which is paid for by any contribution or disbursement shall clearly identify its source.

11.1303(2)(b) (b) Every communication described under par. (a) the cost of which is paid for or reimbursed by a committee, or for which a committee assumes responsibility, whether by accepting a contribution or making a disbursement, shall identify its source by the words “Paid for by” followed by the name of the committee making the payment or reimbursement or assuming responsibility for the communication and may include the name of the treasurer or other authorized agent of the committee.

11.1303(2)(c) (c) Every communication for express advocacy the cost of which exceeds $2,500 and is paid for or reimbursed by any person, other than a committee, shall identify its source by the words “Paid for by” followed by the name of the person.

11.1303(2)(d) (d) In addition to the requirements of pars. (a) to (c), a person required to submit an affirmation under oath, as provided under s. 11.0505 (1) (b) 6., 11.0605 (1) (b) 6., or 11.1001 (1) (b) 6. shall also include the words “Not authorized by any candidate or candidate’s agent or committee” in every communication containing express advocacy.

11.1303(2)(e) (e) Communications described in pars. (a) to (c) and made by a candidate committee may identify the name of the candidate committee except that no abbreviation may be used to identify the committee.

11.1303(2)(em) (em) Each printed advertisement, billboard, handbill, paid television or radio advertisement, or other communication made for the purpose of influencing the recall from or retention in office of an individual holding a state or local office shall clearly identify its source in the manner prescribed in pars. (b) and (c).

11.1303(2)(f) (f) This subsection does not apply to communications containing express advocacy printed on small items on which the information required by this subsection cannot be conveniently printed, including text messages, social media communications, and certain small advertisements on mobile phones. The commission may, by rule, specify small items or other communications to which this subsection shall not apply.

11.1303(2)(g) (g) The attributions required by this subsection in written communications shall be readable, legible, and readily accessible.

11.1303(2m) (2m) 

11.1303(2m)(a) (a) In this subsection: