11.01

11.01 Definitions. As used in this chapter:

11.01(5)

(5) “Communications media” means newspapers, periodicals, commercial billboards and radio and television stations, including community antenna television stations.

11.01(6)(a)2.

2. A transfer of personalty, including but not limited to campaign materials and supplies, valued at the replacement cost at the time of transfer.

11.01(6L)

(6L) “Corporation” includes a limited liability company.

11.01(6)

(6)

11.01(6)(a)4.

4. A transfer of funds between candidates, committees, individuals or groups subject to a filing requirement under this chapter.

11.01(6)(b)

(b) “Contribution” does not include any of the following:

11.01(6)(b)4.

4. The costs of preparation and transmission of personal correspondence, provided that the correspondence is not reproduced by machine for distribution.

11.01(3)

(3) “Clearly identified”, when used with reference to a communication in support of or in opposition to a candidate, means:

11.01(3)(a)

(a) The candidate’s name appears;

11.01(3)(b)

(b) A photograph or drawing of the candidate appears; or

11.01(3)(c)

(c) The identity of the candidate is apparent by unambiguous reference.

11.01(7)

(7)

11.01(7)(a)2.

2. A transfer of personalty, including but not limited to campaign materials and supplies, valued at the replacement cost at the time of transfer.

11.01(7)(b)

(b) “Disbursement” does not include any of the following:

11.01(1)

(1) “Candidate” means every person for whom it is contemplated or desired that votes be cast at any election held within this state, other than an election for national office, whether or not the person is elected or nominated, and who either tacitly or expressly consents to be so considered. A person does not cease to be a candidate for purposes of compliance with this chapter or ch. 12 after the date of an election and no person is released from any requirement or liability otherwise imposed under this chapter or ch. 12 by virtue of the passing of the date of an election.

11.01(2)

(2) “Charitable organization” means any organization described in section 170 (c) (2) of the internal revenue code, and also includes the United States, any state, territory or possession, the District of Columbia and any political subdivision thereof, when a gift is made exclusively for public purposes; but does not include any private organization conducting activities for political purposes.

11.01(4)

(4) “Committee” or “political committee” means any person other than an individual and any combination of 2 or more persons, permanent or temporary, which makes or accepts contributions or makes disbursements, whether or not engaged in activities which are exclusively political, except that a “committee” does not include a political “group” under this chapter.

11.01(5m)

(5m) “Conduit” means an individual who or an organization which receives a contribution of money and transfers the contribution to another individual or organization without exercising discretion as to the amount which is transferred and the individual to whom or organization to which the transfer is made.

11.01(6)(a)

(a) Except as provided in para. (b), “contribution” means any of the following:

11.01(6)(a)1.

1. A gift, subscription, loan, advance, or deposit of money or anything of value, except a loan of money by a commercial lending institution made by the institution in accordance with applicable laws and regulations in the ordinary course of business, made for political purposes. In this subdivision “anything of value” means a thing of merchantable value.

11.01(6)(a)3.

3. A contract, promise or agreement, if legally enforceable, to make a gift, subscription, loan, advance, or deposit of money or anything of value, except a loan of money by a commercial lending institution in accordance with applicable laws and regulations in the ordinary course of business, for a political purpose.

11.01(6)(a)5.

5. The purchase of a ticket for a meal, rally or other fund-raising event for a purpose under subd. 1., whether or not actually utilized.

11.01(6)(a)6.

6. The distribution of any publication or advertising matter for any purpose under subd. 1. other than by a registrant under § 11.05, or as provided in § 11.29.

11.01(6)(a)7.

7. A gift, subscription, loan, advance, or deposit of money or anything of value, except a loan of money by a commercial lending institution made by the institution in accordance with applicable laws and regulations in the ordinary course of business, or a contract, promise or agreement, if legally enforceable, to make the same, made by a committee for a purpose authorized under § 11.25 (2)(b), or by an individual for a purpose authorized under § 11.25 (2)(b) if deposited in a campaign depository account.

11.01(6)(b)1.

1. Services for a political purpose by an individual on behalf of a registrant under § 11.05 who is not compensated specifically for the services.

11.01(6)(b)2.

2. The use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual’s residential premises for a purpose under par. (a) 1. if no funds are raised with the knowledge of the host.

11.01(6)(b)3.

3. Any unreimbursed payment for travel expenses made by an individual who on his or her own behalf volunteers his or her personal services for political purposes.

11.01(6)(b)5.

5. Compensation or fringe benefits provided as a result of employment by an employer to regular employees or pensioners who are not compensated specifically for services performed for a political purpose, and not in excess of that provided to other regular employees or pensioners of like status.

11.01(6)(b)6.

6. The reuse of surplus materials or utilization of unused surplus materials not exceeding $400 in value at the time of original receipt, in the aggregate, acquired in connection with a previous campaign for or against the same candidate, candidates, party or referendum in connection with which the materials are utilized, if utilized by the same registrant previously acquiring the materials and previously reported by that registrant as a contribution under § 11.06.

11.01(6)(b)7.

7. A gift, subscription, loan, advance, or deposit of anything of value received by a committee or group not organized exclusively for political purposes that the group or committee does not utilize for political purposes.

11.01(7)(a)

(a) Except as provided in para. (b), “disbursement” means any of the following:

11.01(7)(a)1.

1. A purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, except a loan of money by a commercial lending institution made by the institution in accordance with applicable laws and regulations in the ordinary course of business, made for political purposes. In this subdivision, “anything of value” means a thing of merchantable value.

11.01(7)(a)3.

3. A contract, promise, or agreement, if legally enforceable, to make a purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value, except a loan of money by a commercial lending institution in accordance with applicable laws and regulations in the ordinary course of business, for a political purpose.

11.01(7)(a)4.

4. An expenditure authorized under § 11.25 (2)(b) made from a campaign depository account.

11.01(7)(b)1.

1. The use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual’s residential premises for a purpose under par. (a) 1. if no funds are raised with the knowledge of the host.

11.01(7)(b)2.

2. Any unreimbursed payment for travel expenses made by an individual who on his or her own behalf volunteers his or her personal services for political purposes.

11.01(7)(b)3.

3. The costs of preparation and transmission of personal correspondence, provided that the correspondence is not reproduced by machine for distribution.

11.01(7)(b)4.

4. Compensation or fringe benefits provided as a result of employment by an employer to regular employees or pensioners who are not compensated specifically for services performed for a political purpose, and not in excess of that provided to other regular employees or pensioners of like status.

11.01(7)(b)5.

5. The reuse of surplus materials or utilization of unused surplus materials not exceeding $400 in value at the time of original receipt, in the aggregate, acquired in connection with a previous campaign for or against the same candidate, candidates, party or referendum in connection with which the materials are utilized, if utilized by the same registrant previously acquiring the materials and previously reported by that registrant as a disbursement under § 11.06.

11.01(8)

(8) “Filing officer” means the official or agency determined in accordance with § 11.02.

11.01(9)

(9) “Filing requirement” means the continuing duty to file reports of contributions, disbursements or incurred obligations with the appropriate filing officer.

11.01(10)

(10) “Group” or “political group” means any person other than an individual and any combination of 2 or more persons, permanent or temporary, which makes or accepts contributions or makes disbursements for the purpose of influencing the outcome of any referendum whether or not engaged in activities which are exclusively political.

11.01(11)

(11) “Incurred obligation” means every express obligation to make any contribution or disbursement including every loan, guarantee of a loan or other obligation or payment for any goods, or for any services which have been performed or are to be performed in the future, incurred by a candidate, committee, individual or group for political purposes.

11.01(12)

(12) “Intentionally” has the meaning given under § 939.23.

11.01(12s)

(12s) “Legislative campaign committee” means a committee which does not file an oath under § 11.06 (7) organized in either house of the legislature to support candidates of a political party for legislative office.

11.01(15)

(15) “Personal campaign committee” means a committee which is formed or operating for the purpose of influencing the election or reelection of a candidate, which acts with the cooperation of or upon consultation with the candidate or the candidate’s agent or which is operating in concert with or pursuant to the authorization, request or suggestion of the candidate or the candidate’s agent.

11.01(16)(a)

(a) Acts which are for “political purposes” include but are not limited to:

11.01(17r)

(17r) “Public access channel operator” means a person designated by a city, village, or town as responsible for the operation of a public access channel.

11.01(19)

(19) “Salary” means the highest salary to which any candidate for a particular office would, if elected, be entitled during the first year of incumbency.

11.01(16)

(16) An act is for “political purposes” when it is done for the purpose of influencing the election or nomination for election of any individual to state or local office, for the purpose of influencing the recall from or retention in office of an individual holding a state or local office, for the purpose of payment of expenses incurred as a result of a recount at an election, or for the purpose of influencing a particular vote at a referendum. In the case of a candidate, or a committee or group which is organized primarily for the purpose of influencing the election or nomination for election of any individual to state or local office, for the purpose of influencing the recall from or retention in office of an individual holding a state or local office, or for the purpose of influencing a particular vote at a referendum, all administrative and overhead expenses for the maintenance of an office or staff which are used principally for any such purpose are deemed to be for a political purpose.

11.01(16)(a)1.

1. The making of a communication which expressly advocates the election, defeat, recall or retention of a clearly identified candidate or a particular vote at a referendum.

11.01(16)(a)2.

2. The conduct of or attempting to influence an endorsement or nomination to be made at a convention of political party members or supporters concerning, in whole or in part, any campaign for state or local office.

11.01(16)(b)

(b) A “political purpose” does not include expenditures made for the purpose of supporting or defending a person who is being investigated for, charged with or convicted of a criminal violation of state or federal law, or an agent or dependent of such a person.

11.01(17g)

(17g) “Public access channel” means a PEG channel, as defined in § 66.0420 (2)(s), that is used for public access purposes, but does not include a PEG channel that is used for governmental or educational purposes.

11.01(18m)

(18m) “Registrant” means an individual or organization registered under § 11.05 with a filing officer.