2023 Wisconsin Statutes & Annotations › Chapter 11 - Campaign financing. › 11.0104 - Reporting exemptions: limited activity.

11.0104
Reporting exemptions: limited activity.
(1)
(a)
Except as provided in par. (bm), any committee which does not anticipate accepting or making contributions, making disbursements, or incurring obligations, and any conduit which does not anticipate accepting or releasing contributions, in an aggregate amount exceeding $2,500 in a calendar year may claim an exemption from filing campaign finance reports by filing a registration statement or an amended registration statement with the appropriate filing officer indicating the necessary facts, as described in this paragraph, to claim the exemption. The committee or conduit shall certify the registration statement or amended registration statement in the manner required under s. 11.0103 (3) (c).
(bm)
1.
A candidate committee of a candidate for state office may not claim the exemption under par. (a) during the calendar year of an election in which the candidate is appearing on the ballot or participating as a write-in candidate and shall file the continuing report that is due on January 15 of the year after he or she appeared on the ballot or participated as a write-in candidate, unless the committee has dissolved, as provided in s. 11.0105.
2.
A candidate committee of a candidate for state office may claim the exemption under par. (a) during the calendar year after the year in which the candidate appeared on the ballot or participated as a write-in candidate by filing an amended registration statement no sooner than the day after the election and no later than January 15 of the year after the election.
3.
A candidate committee of a candidate for state office may claim the exemption under par. (a) during a subsequent year by filing an amended registration statement no later than December 31 of the year preceding the year in which the exemption will apply.
4.
A candidate committee of a candidate for state office that fails to claim the exemption under par. (a) before the expiration of the deadline under subd. 2. or 3., as applicable, is ineligible for the exemption and shall file all required campaign finance reports for the following calendar year.
(c)
A candidate committee of a candidate for local office is eligible for an exemption under par. (a) at any time and may claim the exemption on its initial registration statement or on an amended registration statement. An exemption claimed under this paragraph applies until the committee exceeds the threshold established under par. (a), amends its registration statement to become a state candidate committee, or is dissolved, as provided in s. 11.0105.
(d)
If a filing officer receives a registration statement or amended registration statement seeking to claim the exemption under par. (a) and the filing officer knows that the candidate committee is not eligible for the exemption, the filing officer shall accept the registration but notify the committee within 10 business days that it is not eligible for the exemption for that calendar year. The notice shall also indicate that the committee is required to file campaign finance reports.
(e)
A candidate whose candidate committee files a registration statement or amended registration statement incorrectly claiming the exemption may not be denied placement on the ballot if the registration statement or amended registration statement otherwise complies with the requirements of this chapter.
(2)
Upon receipt of a properly executed registration statement or amended registration statement by a committee or conduit, the appropriate filing officer shall suspend the requirement imposed upon that committee or conduit by this chapter to file campaign finance reports. An exemption under this section is effective as provided under sub. (1) (bm) unless the committee or conduit alters its status by filing an amended registration statement before the end of such year or by filing a termination report under s. 11.0105.
(3)
An exemption made under this section may be revoked. If revoked, the committee or conduit shall comply with the reporting requirements applicable to the committee or conduit under this chapter as of the date of revocation, or the date that aggregate contributions, disbursements, or obligations for the calendar year exceed $2,500. If the revocation is not timely, the committee or conduit violates s. 11.1201.
(5)
If a committee or conduit files an amended registration statement under sub. (1) and thereafter receives and accepts an unanticipated contribution that results in the committee or conduit exceeding the threshold established under sub. (1) (a), the committee or conduit shall do one of the following after receipt of the unanticipated contribution:
(a)
Immediately file an amended registration statement revoking the exemption. An amended registration statement supersedes the previous registration statement. The individual who certifies to the accuracy of the registration statement shall also certify that the amended registration statement is filed on account of the receipt of unanticipated contributions and the failure to file a correct registration statement was not intentional. Thereafter, the committee or conduit shall file all required campaign finance reports for the remainder of the calendar year. Except as provided in sub. (1) (bm) 1., the committee or conduit may again claim the exemption for the next calendar year.
(b)
Return the contribution to the contributor or donate the contribution to the common school fund or to a charitable organization no later than 15 days from the date on which the contribution is received.
History:  2015 a. 117; 2021 a. 265.