Chapter 11

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).