Chapter 11

11.1304(9) (9) 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.

11.1304(10) (10) Immediately send to any committee or conduit which is delinquent in filing, or which has filed otherwise than in the proper form, a notice that the committee or conduit has failed to comply with this chapter. Whenever a candidate committee has appointed an individual other than the candidate as campaign treasurer, the commission shall send the notice to both the candidate and the treasurer of the candidate committee.

11.1304(11) (11) Receive and maintain in an orderly manner all reports and statements required to be filed with the state under the federal election campaign act. The commission shall:

11.1304(11)(a) (a) Preserve such reports and statements for a period of 6 years from date of receipt.

11.1304(11)(b) (b) Compile and maintain a current list of all reports and statements pertaining to each candidate who is required to file a report or statement under the federal election campaign act.

11.1304(11)(c) (c) Promptly compile and release for public inspection a list of all reports received from candidates for national office and from committees supporting or opposing such candidates which are required to be filed with the state under the federal election campaign act, as soon as possible after each deadline for receipt of such reports as provided by federal law.

11.1304(12) (12) Make the reports and statements filed under this chapter, including those reports and statements filed under sub. (11), available on the commission’s Internet site 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. No information copied from such reports and statements may be sold or utilized by any person for any commercial purpose.

11.1304(13) (13) Upon the request of any person, permit copying of any report or statement described under sub. (12) by hand or by duplicating machine at cost.

11.1304(14) (14) Include in its annual report under s. 19.47 (5) compilations of any of the following in its discretion:

11.1304(14)(a) (a) Total reported contributions, disbursements, and incurred obligations for all committees registered and reporting under this chapter during the biennium.

11.1304(14)(b) (b) Total amounts contributed during the biennium, reported by contribution amounts as determined by the commission, to each type of committee registered and reporting under this chapter.

11.1304(14)(c) (c) Total amounts expended during the biennium, reported by disbursement amounts as determined by the commission, by each type of committee registered and reporting under this chapter.

11.1304(14)(d) (d) Total amounts expended for influencing nominations and elections whenever separate information is reported.

11.1304(14)(e) (e) Aggregate amounts contributed by any contributors shown to have contributed more than $100.

11.1304(15) (15) Prepare and publish from time to time special reports comparing the various totals and categories of contributions and disbursements made with respect to preceding elections.

11.1304(16) (16) Make available a list of delinquents for public inspection.

11.1304(17) (17) Promulgate rules to administer this chapter.

11.1304 History History: 2015 a. 117 ss. 24, 74 (1m); 2023 a. 126.

11.1305 11.1305 Administrative termination and suspension.

11.1305(1) (1) 

11.1305(1)(a) (a) Except as provided in par. (b), the commission or another filing officer may terminate any registrant under this chapter that has been exempt for more than 3 years from filing campaign reports pursuant to s. 11.0104.

11.1305(1)(b) (b) A filing officer other than the commission may terminate a registrant under par. (a) only if the registrant has not done any of the following:

11.1305(1)(b)1. 1. Held an elective office during the 3 years prior to the proposed termination.

11.1305(1)(b)2. 2. Filed a new or amended registration statement during the 3 years prior to the proposed termination.

11.1305(1)(b)3. 3. After being exempt for more than 3 years from filing campaign finance reports, responded within 60 days from the date on which the filing officer attempted to contact the registrant using the contact information specified on the registrant’s most current registration statement.

11.1305(2) (2) 

11.1305(2)(a) (a) The commission may suspend any registrant for not complying with the requirements of this chapter. Prior to suspending the registrant, the commission shall make at least 3 attempts to notify the registrant of the potential violations. The commission shall send the final notice to the registrant by certified mail to the last address on file for the registrant, unless a more recent address is obtained from another government agency, a public record, or a reasonably diligent Internet search. If the final notice is returned undeliverable or the registrant does not respond within 30 days after the commission sends the notice, the commission may suspend the registrant and block the registrant’s access to the campaign finance website for registration and reporting.

11.1305(2)(b) (b) If a registrant does not respond to a communication from the commission requiring a response from the registrant within 180 days of receipt of the communication, the commission may suspend the registrant for failing to timely respond. Prior to suspending the registrant, the commission shall make at least 3 attempts to notify the registrant of the potential violations. The commission shall send the final notice to the registrant by certified mail to the last address on file for the registrant, unless a more recent address is obtained from another government agency, a public record, or a reasonably diligent Internet search. If the final notice is returned undeliverable or the registrant does not respond within 30 days after the commission sends the notice, the commission may suspend the registrant and block the registrant’s access to the campaign finance website for registration and reporting.

11.1305(3) (3) The commission may not reinstate a registrant suspended as provided under sub. (2) until the registrant has communicated with the commission and has filed an amended registration statement that includes all the information that the commission requires.

11.1305(4) (4) A registrant that is suspended as provided under sub. (2) may not file a termination report under s. 11.0105 until it is reinstated as provided under sub. (3).

11.1305(5) (5) If a registrant is suspended as provided under sub. (2), the statute of limitations under s. 893.93 (1m) for any potential violation committed within 3 years prior to the date of the suspension is tolled. The commission or a district attorney may commence an action to enforce such violations at any time during the 12-month period following the date of reinstatement.

11.1305 History History: 2023 a. 120.

subch. XIV of ch. 11 SUBCHAPTER XIV

PENALTIES

11.1400 11.1400 Civil penalties.

11.1400(1) (1) Any person who violates this chapter may be required to forfeit not more than $500 for each violation.

11.1400(2) (2) In addition to the penalty under sub. (1), any person who is delinquent in filing a report required by this chapter may be required to forfeit not more than $50 or one percent of the annual salary of the office for which the candidate is being supported or opposed, whichever is greater, for each day of delinquency.

11.1400(3) (3) Notwithstanding sub. (1), any person who makes any contribution in violation of this chapter may be required to forfeit treble the amount of the contribution or portion of that contribution which is illegally contributed.

11.1400(4) (4) Notwithstanding sub. (1), any person who is subject to a requirement to pay a filing fee under s. 11.0102 and who fails to pay that fee within the time prescribed in that section shall forfeit $500 plus treble the amount of the fee payable by that person.

11.1400(5) (5) Except as otherwise provided in ss. 19.49 (2) (b) 13. and 14. and (g) and 19.554, actions under this section may be brought by the commission or, upon the commission’s determination of probable cause, by the district attorney for the county where the defendant resides or, if the defendant is a nonresident, by the district attorney for the county where the violation is alleged to have occurred. For purposes of this subsection, a person other than an individual resides within a county if the person’s principal place of operation is located within that county.

11.1400(6) (6) Any elector may file a verified petition with the commission requesting that civil action under this chapter be brought against any person or committee. The petition shall allege such facts as are within the knowledge of the petitioner to show probable cause that a violation of this chapter has occurred.

11.1400(7) (7) When a candidate committee treasurer or candidate’s agent incurs an obligation or makes a disbursement, that action by the treasurer or agent is imputed to the candidate for purposes of civil liability under this subchapter.

11.1400(8) (8) In civil actions under this chapter the acts of every member of a candidate committee are presumed to be with the candidate’s knowledge or approval until clearly proven otherwise.

11.1400 History History: 2015 a. 117 ss. 24, 24g, 74 (1m).

11.1400 Annotation Former s. 11.60, 1977 stats., is a civil penalty section even though some violations of it involve intent. State v. Dreske, 88 Wis. 2d 60, 276 N.W.2d 324 (Ct. App. 1979).

11.1400 Annotation In a forfeiture action against a committee, assets of the committee, but not of its members, are reachable. Elections Board v. Ward, 105 Wis. 2d 543, 314 N.W.2d 120 (1982).

11.1401 11.1401 Criminal penalties; prosecution.

11.1401(1) (1) 

11.1401(1)(a) (a) Whoever intentionally violates s. 11.1204 or any registration or reporting requirement under this chapter is guilty of a Class I felony.

11.1401(1)(b) (b) Whoever intentionally violates subch. XI or s. 11.1201, 11.1208, or 11.1303 is guilty of a Class I felony if the intentional violation does not involve a specific figure or if the intentional violation concerns a figure which exceeds $100 in amount or value.

11.1401(1)(c) (c) Whoever intentionally violates any of the following may be fined not more than $1,000 or imprisoned not more than 6 months or both:

11.1401(1)(c)1. 1. Any provision of this chapter other than those provided in par. (a).

11.1401(1)(c)2. 2. Any provision under par. (b) if the violation concerns a specific amount or value not exceeding $100.

11.1401(2) (2) Except as otherwise provided in ss. 19.49 (2) (b) 13. and 14. and (h) and 19.554, and only after the commission has determined probable cause, all prosecutions under this section shall be conducted by the district attorney for the county where the defendant resides or, if the defendant is a nonresident, by the district attorney for the county where the violation is alleged to have occurred. For purposes of this subsection, a person other than an individual resides within a county if the person’s principal place of operation is located within that county.

11.1401(2m) (2m) If a candidate for public office is adjudged guilty in a criminal action of any violation of this chapter under sub. (1) (a) or (b), or of any violation of ch. 12 under s. 12.60 (1) (a) committed during his or her candidacy, the court’s judgment shall include an order that the candidate’s candidate committee be terminated in accordance with s. 11.0105 and that, notwithstanding s. 11.0105 (3), the committee pay its outstanding debts and then return the residual funds remaining in its depository account to the donors in an amount not exceeding the original contribution or donate the residual funds to the common school fund. The court shall appoint a new treasurer for the candidate committee to carry out the court’s dissolution order. The court shall also include in its judgment an order specifying that the contributions made from the candidate’s personal funds may not be returned to the candidate and that neither the candidate nor the new treasurer’s predecessor may access the funds in the committee’s depository account. The court shall also give notice of all actions taken pursuant to this subsection to the commission.

11.1401(3) (3) 

11.1401(3)(a) (a) If a successful candidate for public office, other than a candidate for the legislature, is adjudged guilty in a criminal action of any violation of this chapter under sub. (1) (a) or (b), or of any violation of ch. 12 under s. 12.60 (1) (a) committed during his or her candidacy, the court shall after entering judgment enter a supplemental judgment declaring a forfeiture of the candidate’s right to office. The supplemental judgment shall be transmitted to the officer or agency authorized to issue the certificate of nomination or election to the office for which the person convicted is a candidate. If the candidate’s term has not yet begun, the candidate shall not take office. If the candidate’s term has begun, the office shall become vacant. The office shall then be filled in the manner provided by law.

11.1401(3)(b) (b) If a successful candidate for the legislature is adjudged guilty in a criminal action of any violation of this chapter under sub. (1) (a) or (b), or of any violation of ch. 12 under s. 12.60 (1) (a) committed during his or her candidacy, the court shall after entering judgment certify its findings to the presiding officer of the house of the legislature to which the candidate was elected.

11.1401 History History: 2015 a. 117 ss. 24, 24h, 74 (1m); 2021 a. 239 s. 74; 2023 a. 52.

11.1401 Annotation Former s. 11.61 (1) (a), 1977 stats., does not require the state to prove that the defendant had actual knowledge of the violated statute. State v. Dreske, 88 Wis. 2d 60, 276 N.W.2d 324 (Ct. App. 1979).