Wisconsin Statutes 11.1205 – Use of government materials by candidates
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Terms Used In Wisconsin Statutes 11.1205
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Month: means a calendar month unless otherwise expressed. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Preceding: when used by way of reference to any statute section, means the section next preceding that in which the reference is made. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(1)
(a) Except as provided in pars. (am) and (ar) and sub. (2), no person elected to state or local office who becomes a candidate for national, state, or local office may use public funds for the cost of materials or distribution for 50 or more pieces of substantially identical material distributed after:
1. In the case of a candidate who is nominated by nomination papers, the first day authorized by law for circulation of nomination papers as a candidate.
2. In the case of a candidate who is nominated at a primary election by write-in votes, the day the board of canvassers issues its determination that the person is nominated.
3. In the case of a candidate who is nominated at a caucus, the date of the caucus.
4. In the case of any other candidate who is nominated solely by filing a declaration of candidacy, the first day of the month preceding the month which includes the last day for filing the declaration.
(am)
1. The 50-piece limitation under par. (a) applies to a representative to the assembly who becomes a candidate at an election for partisan office only after the last day authorized by law for filing nomination papers for that election.
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.
(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.
(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.
(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).
(d) Notwithstanding ss. 11.1400 (1) and 11.1401 (1) (c) 1., violations of this section shall be punished as follows:
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.
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.
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.
(2) This section does not apply to use of public funds for the costs of the following:
(a) Answers to communications of constituents.
(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.
(c) Communications between members of the legislature, or between members of the legislature and partisan or nonpartisan legislative staff.
(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.