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)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)(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)(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)(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 History
History: 2015 a. 117.
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)(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)(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)(a)1.
1. “Issue advocacy” means a communication that provides information about political or social issues and is made to influence the outcome of an election.
11.1303(2m)(a)2.
2. “Synthetic media” means audio or video content that is substantially produced in whole or in part by means of generative artificial intelligence.
11.1303(2m)(b)
(b) Every audio communication otherwise described in sub.
(2) (a) or
(b) but containing express advocacy or issue advocacy or supporting or opposing a referendum and that contains synthetic media shall include both at the beginning and at the end of the communication the words “Contains content generated by AI.”
11.1303(2m)(c)
(c) Every video communication otherwise described in sub.
(2) (a) or
(b) but containing express advocacy or issue advocacy or supporting or opposing a referendum shall include throughout the duration of each portion of the communication containing synthetic media, in writing that is readable, legible, and readily accessible, the words “This video content generated by AI” if the video includes video synthetic media only, “This audio content generated by AI” if the video includes audio synthetic media only, or “This content generated by AI” if the video includes both video and audio synthetic media.
11.1303(2m)(d)
(d) The commission may promulgate rules implementing this subsection. The rules may include limited exceptions to the requirements under pars.
(b) and
(c).
11.1303(2m)(e)
(e) Compliance with this subsection does not create an exemption from any civil or criminal liability, including for violations of s.
12.05.
11.1303(2m)(f)
(f) Notwithstanding s.
11.1401 (1) (b), whoever intentionally violates par.
(b) or
(c) shall be subject to a forfeiture not to exceed $1,000 for each violation. Any violation of par.
(b) or
(c) shall be enforced as provided under s.
11.1400 (5).
11.1303(2m)(g)
(g) No liability for a violation of this subsection shall attach to any person who is a broadcaster or other host or carrier of a video or audio communication described in sub.
(2) (a) or
(b) that contains synthetic media, unless the person is a committee responsible for the communication.
11.1303(2m)(h)
(h) This subsection may not be construed to alter or negate any rights, obligations, or immunities of a provider of an interactive computer service under
47 USC 230.
11.1303(3)
(3) Whenever any person receives payment from another person, in cash or in-kind, for the direct or indirect cost of conducting a poll concerning support or opposition to a candidate, political party, or referendum, the person conducting the poll shall, upon request of any person who is polled, disclose the name and address of the person making payment for the poll and, in the case of a committee, the name of the treasurer of the committee making payment.
11.1304
11.1304
Duties of the ethics commission. The commission shall:
11.1304(1)
(1) Prescribe forms for making the reports, statements, and notices required by this chapter. The commission shall make the forms available free of charge on the commission's Internet site and shall distribute or arrange for the distribution of all forms for use by other filing officers.
11.1304(2)
(2) Upon request, transmit a form described under sub.
(1), free of charge, by facsimile or by 1st class mail.
11.1304(3)(a)(a) Prepare and publish for the use of persons required to file reports and statements under this chapter a manual setting forth simply and concisely recommended uniform methods of bookkeeping and reporting.
11.1304(3)(b)
(b) Prepare, publish, and revise as necessary a manual simply and concisely describing the filing and registration requirements established in this chapter in detail, as well as other major provisions of this chapter and ch.
12.
11.1304(4)
(4) Develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter.
11.1304(5)
(5) Assign an identification number to each committee for whom the commission acts as a filing officer under s.
11.0102 (1) and to each conduit.
11.1304(6)(a)(a) Except as provided in par.
(b), require each committee for whom the commission serves as filing officer under s.
11.0102 (1) to file each campaign finance report that is required to be filed under this chapter in an electronic format. The commission shall permit an authorized individual to provide at the time of filing an electronic signature, as defined in s.
137.11 (8), that is subject to a security procedure, as defined in s.
137.11 (13). A committee that files a report under this subsection in an electronic format may file with the commission that portion of the report signed by an authorized individual rather than submit the electronic signature of that individual. The commission shall provide complete instructions to any committee that files a report under this subsection.
11.1304(6)(b)
(b) Permit a committee that accepts contributions in a total amount or value of $1,000 or less during a campaign period to opt out of the requirement to file a campaign finance report in an electronic format as specified in par.
(a). In this paragraph, the campaign period of a candidate committee begins and ends as provided under s.
11.1103, and the campaign period of any other committee begins on January 1 of each odd-numbered year and ends on December 31 of the following year.
11.1304(7)
(7) Compile and maintain on an electronic system a current list of all reports and statements received by or required of and pertaining to each committee registered under this chapter.
11.1304(8)
(8) Maintain a duplicate record of any statement submitted by a political action committee under s.
11.0505 or by an independent expenditure committee under s.
11.0605 or by a person under subch.
X together with the record of each candidate to whom it relates.
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.
