11.31 Disbursement levels and limitations; calculation.
11.31
11.31 Disbursement levels and limitations; calculation.11.31(1)
(1) Schedule. The following levels of disbursements are established with reference to the candidates listed below. Except as provided in sub. (2), such levels do not operate to restrict the total amount of disbursements which are made or authorized to be made by any candidate in any primary or other election.11.31(1)(a)
(a) Candidates for governor, $1,078,200.11.31(1)(b)
(b) Candidates for lieutenant governor, $323,475.11.31(1)(c)
(c) Candidates for attorney general, $539,000.11.31(1)(d)
(d) Candidates for secretary of state, state treasurer, or state superintendent, $215,625.11.31(1)(dm)
(dm) Candidates for court of appeals judge, $86,250.11.31(1)(e)
(e) Candidates for state senator, $34,500 total in the primary and election, with disbursements not exceeding $21,575 for either the primary or the election.11.31(1)(f)
(f) Candidates for representative to the assembly, $17,250 total in the primary and election, with disbursements not exceeding $10,775 for either the primary or the election.11.31(1)(fm)
(fm) Candidates for circuit judge, $86,250.11.31(1)(fs)
(fs) Candidates for district attorney in any prosecutorial unit with a population of 500,000 or less, $86,250.11.31(1)(g)
(g) In any jurisdiction or district, other than a judicial district or circuit, with a population of 500,000 or more according to the most recent federal census covering the entire jurisdiction or district:11.31(1)(g)1.
1. For the following countywide offices:11.31(1)(g)1.a.
a. Candidates for county executive, $269,500.11.31(1)(g)1.b.
b. Candidates for district attorney, $161,725.11.31(1)(g)1.c.
c. Candidates for county supervisor, $17,250.11.31(1)(g)2.
2. Candidates for any countywide elective office not specified in par. (dm) or (fm) or subd. 1., $107,825.11.31(1)(g)3.
3. For the following offices in cities of the 1st class:11.31(1)(g)3.a.
a. Candidates for mayor, $269,550.11.31(1)(g)3.b.
b. Candidates for city attorney, $161,725.11.31(1)(g)3.c.
c. Candidates for any other city-wide office, $107,825.11.31(1)(g)3.d.
d. Candidates for alderperson, $17,250.11.31(1)(h)
(h) Candidates for any local office, who are elected from a jurisdiction or district with less than 500,000 inhabitants according to the latest federal census or census information on which the district is based, as certified by the appropriate filing officer, an amount equal to the greater of the following:11.31(1)(h)1.
1. $1,075.11.31(1)(h)2.
2. 53.91% of the annual salary for the office sought, rounded to the nearest multiple of $25.11.31(1)(h)3.
3. 32.35 cents per inhabitant of the jurisdiction or district, but in no event more than $43,125.11.31(2)
(2) Limitation imposed. No candidate for state office at a spring or general election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from the campaign treasury in any campaign to the extent of more than the amount prescribed in sub. (1), unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) applies. No candidate for state office at a special election who files a sworn statement and application to receive a grant from the Wisconsin election campaign fund may make or authorize total disbursements from the campaign treasury in any campaign to the extent of more than the amount prescribed under sub. (1) for the preceding spring or general election for the same office, unless the board determines that the candidate is not eligible to receive a grant, the candidate withdraws his or her application under s. 11.50 (2) (h), or s. 11.50 (2) (i) applies.11.31(2m)
(2m) Voluntary limitation. Any candidate to whom sub. (2) and s. 11.26 (10) do not apply may file an affidavit with his or her filing officer affirming that he or she has adhered and will adhere to the limitations imposed under sub. (2) and s. 11.26 during the entire campaign. These limitations apply unless the candidate withdraws the affidavit by notifying his or her filing officer in writing no later than the 7th day after the date of the primary in which the person filing the affidavit is a candidate, or the 7th day after the date that the primary would be held, if no primary is required.11.31(3)
(3) Gubernatorial campaigns. For purposes of compliance with the limitations imposed under sub. (2), candidates for governor and lieutenant governor of the same political party who both accept grants from the Wisconsin election campaign fund may agree to combine disbursement levels under sub. (1) (a) and (b) and reallocate the total level between them. The candidates shall each inform the board of any such agreement.11.31(3m)
(3m) Unopposed candidates; exception. Notwithstanding subs. (1) and (2), if all candidates for state senator or representative to the assembly in a legislative district who are certified under s. 7.08 (2) (a) to appear on the September primary ballot of all parties recognized under s. 5.62 (1) (b) or (2) have no opponent who is certified to appear on the same primary ballot, or if no primary is required for all candidates of parties recognized under s. 5.62 (1) (b) or (2) for state senator or representative to the assembly in a legislative district who are certified under s. 8.50 (1) (d) to appear on a special partisan election ballot, then the separate limitation specified in sub. (1) for disbursements during the primary and election period does not apply to candidates for that office in that primary and election, and the candidates are bound only by the total limitations specified for the primary and election.11.31(4)
(4) Allocation. Except as provided in sub. (3m), whenever a separate disbursement level is specified for a primary and election under sub. (1), a candidate who disburses less than the authorized level in the primary may not reallocate the balance to increase the level in the election. Whenever a separate disbursement level is not specified for a primary and election under sub. (1), a candidate may allocate disbursements between the primary and election campaign within the total level of disbursements specified in sub. (1) in any proportion desired, and may carry over unexpended contributions from a primary campaign to an election campaign.11.31(5)
(5) Separation of periods. A disbursement is made for the purposes of the election under this section when a person or committee contracts for goods to be delivered or services to be performed after the date of the primary, regardless of the time at which the contract is entered into by the contracting person or committee.11.31(6)
(6) Exclusions.11.31(6)(a)
(a) In computing the limitations under this section an individual or campaign treasurer may exclude any of the following:11.31(6)(a)1.
1. Contributions returned to the contributor.11.31(6)(a)2.
2. Loan repayments made.11.31(6)(a)3.
3. Inaugural expenses paid from the campaign depository account under s. 11.25 (2) (b).11.31(6)(a)4.
4. Expenses incurred as a result of a recount.11.31(6)(a)5.
5. All federal, state or local taxes paid.11.31(6)(a)6.
6. Reimbursement made to a candidate for the candidate's travel expenses.11.31(6)(a)7.
7. The gross receipts from the sale at an auction of any materials contributed to a candidate and reported by the candidate as a disbursement at the time the contribution is made.11.31(6)(a)8.
8. All refunds or deposits paid.11.31(6)(a)9.
9. The cost of services and materials purchased from a service provider for the purpose of compliance with the electronic filing requirement under s. 11.21 (16).11.31(6)(a)10.
10. The cost of facilities rental, entertainment expense, food and beverages, including the preparation and service thereof if contracted to an outside agency, if utilized for a meal, sale, rally or similar fund raising effort or program that is intended for political purposes.11.31(6)(b)
(b) Any exclusion claimed under par. (a) shall be reported to the appropriate filing officer in the form that the board requires.11.31(7)
(7) Campaign defined.11.31(7)(a)
(a) For purposes of this section, the "campaign" of a candidate extends from July 1 preceding the date on which the spring primary or election occurs or January 1 preceding the date on which the September primary or general election occurs for the office which the candidate seeks, or from the date of the candidate's public announcement, whichever is earlier, through the last day of the month following the month in which the election or primary is held.11.31(7)(b)
(b) Disbursements which are made before a campaign period for goods to be delivered or services to be rendered in connection with the campaign are charged against the disbursement limitation for that campaign.11.31(7)(c)
(c) Disbursements which are made after a campaign to retire a debt incurred in relation to a campaign are charged against the disbursement limitation for that campaign.11.31(7)(d)
(d) Disbursements which are made outside a campaign period and to which par. (b) or (c) does not apply are not subject to any disbursement limitation. Such disbursements are subject to s. 11.25 (2).11.31(8)
(8) Certain contributions excluded. The limitations imposed under this section do not apply to a gift of anything of value constituting a contribution made directly to a registrant by another, but the limitations shall apply to such gift when it is received and accepted by the recipient or if received in the form of money, when disbursed.11.31(10)
(10) Surplus materials excluded. Disbursements constituting surplus materials acquired in connection with a previous campaign of a candidate are not subject to limitation by this section, if the materials were previously reported as a disbursement by that candidate.11.31 - ANNOT.
History: 1973 c. 334; 1975 c. 93 ss. 97 to 102, 119 (1), (2); 1975 c. 199, 422; 1977 c. 107, 187, 272, 449; 1979 c. 263, 328; 1981 c. 314; 1983 a. 51; 1985 a. 182 s. 57; 1985 a. 303; 1985 a. 332 s. 251 (1); 1987 a. 370; 1989 a. 192; 1993 a. 184; 1995 a. 225; 1997 a. 230; 1999 a. 83; 2001 a. 109; 2005 a. 177; 2009 a. 89.11.31 - ANNOT.
Cross Reference: See also s. GAB 6.04, Wis. adm. code.