Section 1.91. Organizations making independent disbursements.

 

(1)  In this section:

(a) "Contribution" has the meaning given in s. 11.01 (6) , Stats.

(b) "Designated depository account" means a depository account specifically established by an organization to receive contributions and from which to make independent disbursements.

(c) "Disbursement" has the meaning given in s. 11.01 (7) , Stats.

(d) "Filing officer" has the meaning given in s. 11.01 (8) , Stats.

(e) "Incurred obligation" has the meaning given in s. 11.01 (11) , Stats.

(f) "Independent" means the absence of acting in cooperation or consultation with any candidate or authorized committee of a candidate who is supported or opposed, and is not made in concert with, or at the request or suggestion of, any candidate or any agent or authorized committee of a candidate who is supported or opposed.

(g) "Organization" means any person other than an individual, committee, or political group subject to registration under s. 11.23 , Stats.

(h) "Person" includes the meaning given in s. 990.01 (26) , Stats.

(2)  A corporation, or association organized under ch. 185 or 193 , Stats., is a person and qualifies as an organization that is not prohibited by s. 11.38 (1) (a) 1. , Stats., from making independent disbursements until such time as a court having jurisdiction in the State of Wisconsin rules that a corporation, or association organized under ch. 185 or 193 , Stats., may constitutionally be restricted from making an independent disbursement.

(3)  Upon accepting contributions made for, incurring obligations for, or making an independent disbursement exceeding $25 in aggregate during a calendar year, an organization shall establish a designated depository account in the name of the organization. Any contributions to and all disbursements of the organization shall be deposited in and disbursed from this designated depository account. The organization shall select a treasurer for the designated depository account and no disbursement may be made or obligation incurred by or on behalf of an organization without the authorization of the treasurer or designated agents. The organization shall register with the board and comply with s. 11.09 , Stats., when applicable.

(4)  The organization shall file a registration statement with the appropriate filing officer and it shall include, where applicable:

(a) The name, street address, and mailing address of the organization.

(b) The name and mailing address of the treasurer for the designated depository account of the organization and any other custodian of books and accounts for the designated depository account.

(c) The name, mailing address, and position of other principal officers of the organization, including officers and members of the finance committee, if any.

(d) The name, street address, mailing address, and account number of the designated depository account.

(e) A signature of the treasurer for the designated depository account of the organization and a certification that all information contained in the registration statement is true, correct and complete.

(5)  The designated depository account for an organization required to register with the Board shall annually pay a filing fee of $100.00 to the Board as provided in s. 11.055 , Stats.

(6)  The organization shall comply with s. 11.05 (5) , Stats., and notify the appropriate filing officer within 10 days of any change in information previously submitted in a statement of registration.

(7)  An organization making independent disbursements shall file the oath for independent disbursements required by s. 11.06 (7) , Stats.

(8)  An organization receiving contributions for independent disbursements or making independent disbursements shall file periodic reports as provided ss. 11.06 , 11.12 , 11.19 , 11.20 and 11.21 (16) , Stats., and include all contributions received for independent disbursements, incurred obligations for independent disbursements, and independent disbursements made. When applicable, an organization shall also file periodic reports as provided in s. 11.513 , Stats.

(9)  An organization making independent disbursements shall comply with the requirements of s. 11.30 (1) and (2) (a) and (d) , Stats., and include an attribution identifying the organization paying for any communication, arising out of independent disbursements on behalf of or in opposition to candidates, with the following words: "Paid for by" followed by the name of the organization and the name of the treasurer or other authorized agent of the organization followed by "Not authorized by any candidate or candidate's agent or committee."

History: CR 10-087 : cr. Register June 2012 No. 678 eff. 7-1-12.

Note

Section 11.513, Stats., was repealed by 2011 Wisconsin Act 32 , section 15 . As a result, the last sentence of sub. (8) is without effect and the reports described therein are not required. Microsoft Windows NT 6.1.7601 Service Pack 1 This section has been reviewed pursuant to 2015 Wisconsin Act 117 , Section 79 (1) , and determined to be inconsistent with Act 117 and, therefore, unenforceable. Microsoft Windows NT 6.1.7601 Service Pack 1