Chapter 11

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.

11.0605(2)(b)2. 2. A communication made exclusively between an organization and its members. In this subdivision, a member of an organization means a shareholder, employee, or officer of the organization, or an individual who has affirmatively manifested an interest in joining, supporting, or aiding the organization.

11.0605(3) (3) Timing. An independent expenditure committee that is required to report under this section shall submit the report to the commission no later than 72 hours after the earliest of the following:

11.0605(3)(a) (a) The date the obligation for express advocacy is incurred, if the independent expenditure committee has the information required to be reported under sub. (1) (b).

11.0605(3)(b) (b) The date the express advocacy is aired, broadcast, printed, or otherwise disseminated to individuals other than any of the following:

11.0605(3)(b)1. 1. The independent expenditure committee’s administrator, treasurer, volunteer, producer, consultant, media production partner, or focus group.

11.0605(3)(b)2. 2. An officer or employee of the independent expenditure committee’s sponsoring organization.

11.0605(3)(c) (c) The date of the disbursement.

11.0605 History History: 2015 a. 117 ss. 24, 74 (1m); 2021 a. 265; 2023 a. 120.

subch. VII of ch. 11 SUBCHAPTER VII

CONDUITS

11.0701 11.0701 Registration; administrator and depositories.

11.0701(1) (1) Each conduit required to register under this chapter shall designate an administrator to comply with the registration and reporting requirements under this subchapter.

11.0701(2) (2) The administrator shall ensure that all funds received are deposited in the conduit depository account.

11.0701(3) (3) Except as provided in s. 11.0705, the conduit administrator may release a contribution to a committee only upon the contributor’s direction.

11.0701(4) (4) The administrator shall maintain the records of the conduit in an organized and legible manner for not less than 3 years after the date of the election in which the conduit participates.

11.0701 History History: 2015 a. 117.

11.0702 11.0702 Registration; timing. Every conduit that accepts and releases contributions made to support or oppose a candidate in a calendar year shall, upon its inception and prior to accepting or releasing any such contribution, file a registration statement giving the information required by s. 11.0703.

11.0702 History History: 2015 a. 117.

11.0703 11.0703 Registration; required information.

11.0703(1) (1) Required information. The conduit shall indicate on the registration statement that it is registering as a conduit and shall include all of the following, where applicable, on the registration statement:

11.0703(1)(a) (a) The name and mailing address of the conduit.

11.0703(1)(b) (b) The name and mailing address of the administrator of the conduit and any other custodian of books and accounts. Unless otherwise directed by the administrator 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 administrator at the administrator’s address indicated upon the form.

11.0703(1)(bd) (bd) The email address and personal telephone number of the administrator of the conduit 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).

11.0703(1)(c) (c) The name and address of the depository account of the conduit and of any other institution where funds of the conduit are kept.

11.0703(1)(d) (d) The name and mailing address of a sponsor, as defined in s. 11.0705 (1), to which contributions may be redirected as provided under s. 11.0705 (2).

11.0703(2) (2) Certification. The individual responsible for filing or amending a conduit’s registration statement shall certify that all information contained in the statement is true, correct, and complete.

11.0703(3) (3) Change of information. The conduit shall report any change in information previously submitted in a registration statement within 10 days following the change. 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 or by the conduit administrator.

11.0703 History History: 2015 a. 117 ss. 24, 74 (1m); 2023 a. 120.

11.0704 11.0704 Reporting.

11.0704(1) (1) Contributions.

11.0704(1)(a) (a) Each conduit shall make full reports, upon a form prescribed by the commission and certified by the administrator as required under s. 11.0103 (3) (c), providing the following information covering the period since the last date covered on the previous report:

11.0704(1)(a)1. 1. An itemized statement giving the date, full name, and street address of each committee to whom contributions were released during the reporting period, together with the sum total of all contributions released to that committee during the reporting period.

11.0704(1)(a)2. 2. Whether, during the reporting period, any contribution was redirected to a sponsor as permitted under s. 11.0705.

11.0704(1)(b) (b) A conduit releasing a contribution of money to the recipient shall, in writing at the time the contribution is released, identify itself to the recipient as a conduit and report to the recipient the following information about each contribution released by it:

11.0704(1)(b)1. 1. An itemized statement giving the date, full name, and street address of each person who has made a contribution to the conduit which contribution is being released to the recipient, together with the amount of the contribution.

11.0704(1)(b)2. 2. The occupation, if any, of each individual contributor whose cumulative contributions to the recipient for the calendar year are in excess of $200.

11.0704(2) (2) Reports to support or oppose candidates at spring primary. A conduit that releases a contribution of money to a recipient 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 committees engaging in such activities, shall, annually in each year of an election cycle, file a report on January 15 and July 15.

11.0704(3) (3) Reports to support or oppose candidates at spring election. A conduit that releases a contribution of money to a recipient 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 committees engaging in such activities, shall do all the following:

11.0704(3)(a) (a) Annually in each year of an election cycle, file a report on January 15 and July 15.

11.0704(3)(b) (b) 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.

11.0704(4) (4) Reports to support or oppose candidates at partisan primary. A conduit that releases a contribution of money to a recipient 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 committees engaging in such activities, shall do all the following:

11.0704(4)(a) (a) In an odd-numbered year, file a report on January 15 and July 15.

11.0704(4)(b) (b) In an even-numbered year, file a report on January 15 and July 15.

11.0704(4)(c) (c) In an even-numbered year, file a report on September 30 indicating contributions released after July 1 that are not included in the preprimary report.

11.0704(5) (5) Reports to support or oppose candidates at general election. A conduit that releases a contribution of money to a recipient 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 committees engaging in such activities shall do all of the following:

11.0704(5)(a) (a) In an odd-numbered year, file a report on January 15 and July 15.

11.0704(5)(b) (b) In an even-numbered year, file a report on January 15 and July 15.

11.0704(5)(bm) (bm) In an even-numbered year, file a report on September 30 indicating contributions released after July 1 that are not included in the preprimary report.

11.0704(5)(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.

11.0704 History History: 2015 a. 117 ss. 24, 74 (1m); 2021 a. 265.

11.0705 11.0705 Redirected contributions.

11.0705(1) (1) Definitions. In this section, “sponsor” means a person, other than an individual or a candidate committee, that is associated with a conduit.

11.0705(2) (2) Redirection. If all of the following apply, a conduit may redirect any contribution received from an individual to a sponsor or, if there is no sponsor, to an administrative fund of the conduit:

11.0705(2)(a) (a) The conduit has held the contribution for at least 24 consecutive months, including the 24 months immediately preceding March 29, 2014, over which time the individual or organization that made the contribution has made no contact with the conduit.

11.0705(2)(b) (b) Either of the following apply:

11.0705(2)(b)1. 1. The conduit has, over the 24-month period described in par. (a), attempted in good faith to contact the individual that made the contribution at least 5 times, and has documented each such attempt, but has been unable to make contact with the individual. A conduit may satisfy the requirement to contact the individual by telephoning the individual at the last-known telephone number; by sending a text message to the individual at the last-known cellular telephone number or pager number capable of receiving text messages; by sending a facsimile transmission to the individual at the last-known facsimile transmission number; by sending a letter or postcard to the individual by U.S. mail; by sending a message by electronic mail; or by any combination of the foregoing. A conduit may not satisfy the requirement to attempt in good faith to contact the individual at least 5 times if all 5 attempted contacts occur within a period of 30 consecutive days.

11.0705(2)(b)2. 2. The surviving spouse or executor of the estate of a deceased individual that made the contribution authorizes the redirection of the contribution.

11.0705 History History: 2015 a. 117.

subch. VIII of ch. 11 SUBCHAPTER VIII

REFERENDUM COMMITTEES

11.0801 11.0801 Registration; treasurer and depositories.

11.0801(1) (1) Each referendum committee required to register under this chapter shall designate a treasurer to comply with the registration and reporting requirements under this subchapter.

11.0801(2) (2) The treasurer shall ensure that all funds received are deposited in the referendum committee depository account.

11.0801(3) (3) No disbursement may be made or obligation incurred by or on behalf of a referendum committee without the authorization of the treasurer or a designated agent.

11.0801(4) (4) The treasurer shall maintain the records of the referendum committee in an organized and legible manner for not less than 3 years after the date of the election in which the referendum committee participates.

11.0801 History History: 2015 a. 117.

11.0802 11.0802 Registration; timing.

11.0802(1) (1) Every referendum committee that makes or accepts contributions, makes disbursements, or incurs obligations for the purpose of influencing a particular vote at a referendum in a calendar year in an aggregate amount in excess of $10,000 shall file a registration statement giving the information required by s. 11.0803.

11.0802(2) (2) A referendum 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 referendum committee exceeding the amount specified under sub. (1), before making any disbursement exceeding that amount, and before incurring obligations exceeding that amount.

11.0802 History History: 2015 a. 117.