Section 11.0101. Definitions.

  In this chapter:

(1)  “Candidate" means an individual about whom any of the following applies:

(a) The individual takes any of the following affirmative actions to seek nomination or election to a state or local office:

1. Files nomination papers with the appropriate filing officer.

2. Is nominated as a candidate for state or local office by a caucus under s. 8.05 (1) or by a political party and the nomination is certified to the appropriate filing officer.

3. Receives a contribution, makes a disbursement, or gives consent for another person to receive a contribution or make a disbursement in order to bring about the individual's nomination or election to a state or local office.

(b) The individual holds a state or local office and is the subject of a recall petition.

(c) The individual holds a state or local office.

(2)  “Candidate committee" means a committee authorized by a candidate or a candidate's agent to make or accept contributions or make disbursements in support of a candidate's campaign.

(3)  “Candidate's agent" means an individual who has control over the day-to-day operation of the candidate committee, but does not include an employee of a political party or a legislative campaign committee that is not also an employee of the candidate.

(4)  “Charitable organization" means any organization described in section 170 (c) (2) of the Internal Revenue Code.

(5)  “Clearly identified" means any of the following with regard to a communication supporting or opposing a candidate:

(a) The candidate's name appears or is stated.

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

(c) The candidate's identity is apparent by unambiguous reference.

(5m)  “Commission" means the ethics commission.

(6)  “Committee" means a candidate committee, legislative campaign committee, political action committee, independent expenditure committee, political party, recall committee, and referendum committee.

(7)  “Conduit" means a person other than an individual that receives a contribution of money, deposits the contribution in an account held by the person, and releases the contribution to a candidate committee, legislative campaign committee, political party, or political action committee at the direction of the contributor.

(8)  

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

1. A gift, subscription, loan, advance, or transfer of money to a committee.

2. With the committee's consent under s. 11.1109 , a transfer of tangible personal property or services to a committee, valued as provided under s. 11.1105 .

3. A transfer of funds between committees.

4. The purchase of a ticket for a fundraising event for a committee regardless of whether the ticket is used to attend the event.

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

1. Services that an individual provides to a committee, if the individual is not specifically compensated for providing the services to the committee.

2. Any unreimbursed travel expenses that an individual incurs to volunteer his or her personal services to a committee.

3. The costs of preparing and transmitting personal correspondence.

4. Interest earned on an interest-bearing account.

5. Rebates or awards earned in connection with the use of a debit or credit card.

6. A loan from a commercial lending institution that the institution makes in its ordinary course of business.

7. The reuse of surplus materials or the use of unused surplus materials acquired in connection with a previous campaign for or against the same candidate, political party, or recall if the materials were previously reported as a contribution.

8. The cost of invitations, food, and beverages in connection with an event held in a private residence on behalf of a candidate committee.

9. Any communication that does not expressly advocate for the election or defeat of a clearly identified candidate.

10. 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. Any cost incurred to conduct Internet activity by an individual acting in his or her own behalf, or acting in behalf of another person if the individual is not compensated specifically for those services, including the cost or value of any computers, software, Internet domain names, Internet service providers, and any other technology that is used to provide access to or use of the Internet, but not including professional video production services purchased by the individual.

12. Any news story, commentary, or editorial by a broadcasting station, cable television operator, producer, or programmer, Internet site, or newspaper or other periodical publication, including an Internet or other electronic publication unless a committee owns the medium in which the news story, commentary, or editorial appears.

13. An expenditure of funds by a sponsoring organization for a political action committee's administrative or solicitation expenses.

14. An expenditure of funds by a sponsoring organization for an independent expenditure committee's administrative or solicitation expenses.

15. An expenditure of funds by a sponsor, as defined in s. 11.0705 (1) , for a conduit's administrative or solicitation expenses.

(9)  “Corporation" includes a foreign limited liability company, as defined in s. 183.0102 (8) and a limited liability company, as defined in s. 183.0102 (10) , if the foreign limited liability company or the limited liability company elect to be treated as a corporation by the federal internal revenue service, pursuant to 26 CFR 301.7701 - 3 , or if the foreign limited liability company or the limited liability company has publicly traded shares.

(10)  

(a) “Disbursement" means any of the following:

1. An expenditure by a committee from the committee's depository account.

2. The transfer of tangible personal property or services by a committee.

3. A transfer of funds between committees.

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

1. 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.

2. A communication or Internet activity by an individual acting in his or her own behalf, or acting in behalf of another person if the individual is not compensated specifically for those services, including the cost or value of computers, software, Internet domain names, Internet service providers, and any other technology that is used to provide access to or use of the Internet, but not including professional video production services purchased by the individual.

3. Any news story, commentary, or editorial by a broadcasting station, cable television operator, producer, or programmer, Internet site, or newspaper or other periodical publication, including an Internet or other electronic publication unless a committee owns the medium in which the news story, commentary, or editorial appears.

4. A nominal fee paid for a communication to the general public.

5. An expenditure of funds by a sponsoring organization for a political action committee's administrative or solicitation expenses.

6. An expenditure of funds by a sponsoring organization for an independent expenditure committee's administrative or solicitation expenses.

7. An expenditure of funds by a sponsor, as defined in s. 11.0705 (1) , for a conduit's administrative or solicitation expenses.

8. An expenditure of funds for a political action committee's fundraising and administrative expenses.

9. An expenditure of funds for an independent expenditure committee's fundraising and administrative expenses.

10. An expenditure of funds for a conduit's fundraising and administrative expenses.

(11)  “Express advocacy" means a communication that contains terms such as the following with reference to a clearly identified candidate and that unambiguously relates to the election or defeat of that candidate:

(a) “Vote for".

(b) “Elect".

(c) “Support".

(d) “Cast your ballot for".

(e) “Smith for ... (an elective office)".

(f) “Vote against".

(g) “Defeat".

(h) “Reject".

(i) “Cast your ballot against".

(12)  “Federal account committee" means a committee of a state political party organization that makes contributions to candidates for national office and is registered with the federal election commission.

(13)  “Federal candidate committee" means a committee of a candidate for the U.S. senate or house of representatives from this state that the candidate designates under 2 USC 432 (e).

(14)  “Filing officer" means the commission, board of election commissioners, or official assigned to a committee or conduit under s. 11.0102 .

(15)  “General election" means the election held in even-numbered years on the Tuesday after the first Monday in November to elect United States senators, representatives in congress, presidential electors, state senators, representatives to the assembly, district attorneys, state officers other than the state superintendent and judicial officers, and county officers other than supervisors and county executives.

(16)  “Independent expenditure" means an expenditure for express advocacy by a person, if the expenditure is not made in coordination with a candidate, candidate committee, candidate's agent, legislative campaign committee, or political party, as prohibited under s. 11.1203 .

(17)  “Independent expenditure committee" means any person, other than an individual, or any permanent or temporary combination of 2 or more persons unrelated by marriage that satisfies any of the following:

(a) It has the major purpose of making independent expenditures, as specified in the person's organizational or governing documents, the person's bylaws, resolutions of the person's governing body, or registration statements filed by the person under this chapter.

(b) It uses more than 50 percent of its total spending in a 12-month period on independent expenditures and expenditures made to support or defeat a referendum. In this subdivision, total spending does not include a committee's fundraising or administrative expenses.

(18)  “Intentionally" has the meaning given in s. 939.23 (3) .

(18m)  “Internet activity" includes sending or forwarding an electronic message; providing a hyperlink or other direct access on a person's Internet site to an Internet site operated by another person; blogging; creating, maintaining, or hosting an Internet site; payment by a person of a nominal fee for the use of an Internet site operated by another person; or any other form of communication distributed over the Internet.

(19)  “Legislative campaign committee" means a committee organized in either house of the legislature to support a candidate of a political party for legislative office.

(21)  “National political party committee" means a national committee as defined in 2 USC 431 (14).

(22)  “Negotiable instrument" includes an electronic transfer of funds.

(23)  “Obligation" means any express agreement to make a disbursement, including all of the following:

(a) A loan or loan guarantee.

(b) A promise or a payment to purchase, rent, or lease tangible personal property.

(c) A promise or a payment for a service that has been or will be performed.

(24)  “Partisan primary" means the primary held the 2nd Tuesday in August to nominate candidates to be voted for at the general election.

(25)  

(a) Subject to par. (b) , “political action committee" means any person, other than an individual, or any permanent or temporary combination of 2 or more persons unrelated by marriage that satisfies any of the following:

1. It has the major purpose of express advocacy, as specified in the person's organizational or governing documents, the person's bylaws, resolutions of the person's governing body, or registration statements filed by the person under this chapter.

2. It uses more than 50 percent of its total spending in a 12-month period on expenditures for express advocacy, expenditures made to support or defeat a referendum, and contributions made to a candidate committee, legislative campaign committee, or political party. In this subdivision, total spending does not include a committee's fundraising or administrative expenses.

(b) “Political action committee" does not include a candidate committee, legislative campaign committee, political party, or recall committee.

(26)  

(a) “Political party" means all of the following:

1. A state committee under whose name candidates appear on a ballot at any election and all county, legislative, local, and other affiliated committees authorized to operate under the same name.

2. A committee described under subd. 1. that makes and accepts contributions and makes disbursements to support or oppose a candidate for state or local office or to support or oppose a referendum held in this state.

(b) “Political party" does not include a legislative campaign committee.

(27)  “Recall committee" means a committee formed for the purpose of supporting or opposing the recall of any of the following:

(a) An incumbent elective official holding a state office.

(b) An incumbent elective official holding a local office.

(28)  “Referendum committee" means an entity that satisfies all of the following:

(a) It satisfies either of the following:

1. It has the major purpose of making expenditures to support or defeat a referendum, as specified in the entity's organizational or governing documents, the entity's bylaws, resolutions of the entity's governing body, or registration statements filed by the entity under this chapter.

2. It uses more than 50 percent of its total spending in a 12-month period on expenditures made to support or defeat a referendum. In this subdivision, total spending does not include a committee's fundraising or administrative expenses.

(b) It is organized by any person, other than an individual, or by any permanent or temporary combination of 2 or more persons unrelated by marriage.

(c) It does not receive contributions or make disbursements or contributions for the purpose of influencing or attempting to influence a candidate's nomination or election.

(29)  “Special election" means any election, other than those described in subs. (15) , (24) , (30) , (32) , and (33) to fill vacancies or to conduct a referendum.

(30)  “Special primary" means the primary held 4 weeks before the special election, except as follows:

(a) If the special election is held on the same day as the general election, the special primary shall be held on the same day as the general primary.

(b) If the special election is held concurrently with the spring election, the primary shall be held concurrently with the spring primary.

(31)  “Sponsoring organization" means an entity that establishes, administers, or financially supports a political action committee or an independent expenditure committee.

(32)  “Spring election" means the election held on the first Tuesday in April to elect judicial, educational, and municipal officers, nonpartisan county officers and sewerage commissioners, and to express preferences for the person to be the presidential candidate for each political party in a year in which electors for president and vice president are to be elected.

(33)  “Spring primary" means the nonpartisan primary held on the 3rd Tuesday in February to nominate nonpartisan candidates to be voted for at the spring election.

(34)  “Treasurer" means the individual who registers a committee with a filing officer and who makes reports on behalf of the committee.

2015 a. 117 ss. 24 , 74 (1m) ; 2015 a. 118 s. 121 ; s. 13.92 (1) (bm) 2.

Note

Sub. (5m) was created as s. 11.01 (4m) by 2015 Wis. Act 118 and renumbered to s. 11.0101 (5m) by the legislative reference bureau under s. 13.92 (1) (bm) 2. Microsoft Windows NT 6.1.7601 Service Pack 1 Par. (a) was created as subd. 1. by 2015 Wis. Act 117 and renumbered to par. (a) by the legislative reference bureau under s. 13.92 (1) (bm) 2. Microsoft Windows NT 6.1.7601 Service Pack 1 Par. (b) was created as subd. 2. by 2015 Wis. Act 117 and renumbered to par. (b) by the legislative reference bureau under s. 13.92 (1) (bm) 2. Microsoft Windows NT 6.1.7601 Service Pack 1