agency-eth•Wis. Admin. Code ETH — Ethics Commission
Chapter ETH 1 CAMPAIGN FINANCING
Wis. Admin. Code § ETH 1.20 Treatment and reporting of in-kind contributions {#sec-eth-1.20 omnilex-key=us-wi-regs-official--agency-eth--ETH 1.20}
(1) In this section:
(a) “Actual value” means the fair market value.
(b) “Authorized person” means a candidate, treasurer, agent, other person whom a candidate designates, or a person whom any other registrant designates to authorize a proposed in-kind contribution.
(c) “Contributor” means any individual or registrant who proposes to make an in-kind contribution.
(d) “Date of contribution” means the time as of which the benefit, of the thing of value given or of the service performed, is conferred upon the candidate’s campaign or upon the registrant.
(e) “In-kind contribution” means a disbursement by a contributor to procure a thing of value or service for the benefit of a registrant who authorized the disbursement.
(f) “Registrant” has the same meaning as provided in s. 11.0101 (6) and (7), Stats.
(2) Before making an in-kind contribution to a candidate or other registrant, the prospective contributor shall notify an authorized person and obtain that person’s oral or written consent to the contribution.
(3) When an individual other than a registrant receives authorization to make an in-kind contribution, the authorized person shall obtain from the contributor, in writing: the contributor’s name and address and, where applicable, the contributor’s occupation, the nature of the contribution, its actual value, and the date of the contribution.
(4) When a registrant receives authorization to make an in-kind contribution, the registrant shall provide to the authorized person, in writing, before the closing date of the next campaign finance report in which the contribution is required to be listed: the registrant’s name and address, the nature of the contribution and its actual value, and the date of the contribution.
(5) If a contributor does not know the actual value of an in-kind contribution, the contributor shall give an authorized person a good-faith and reasonable estimate of the fair market value, before the closing date of the next campaign finance report in which the contribution is required to be listed. When the contributor receives bills or other statements reflecting the actual value of the in-kind contribution, the contributor shall immediately forward that information to an authorized person.
(6) An in-kind contribution shall be reported as received and accepted by the candidate or registrant on the date that the benefit, of the material supplied or the service performed, is conferred upon the candidate or other registrant.
(7) A candidate or registrant shall report the value of the in-kind contribution disclosed to him or her by the contributor. If a contributor estimates the fair market value, a candidate or registrant shall report the estimated value. After being informed of the actual value, by the contributor, a candidate or registrant shall report the actual value on the next campaign finance report.
(8) Without the proper authorization to make an in-kind contribution, a contributor may not make the proposed in-kind contribution unless the contribution qualifies as an independent expenditure under ss. 11.0505, 11.0605, and 11.1001, Stats.
(9) Any registrant who makes or receives an in-kind contribution shall report the contribution on its campaign finance report.
History
- Cr. Register, January, 1992, No. 433, eff. 2-1-92; correction in (1) (f), (8) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 19-035: am. (9) Register May 2020 No. 773, eff. 6-1-20; CR 20-010: am. (3), (4) Register June 2021 No. 786, eff. 7-1-21.
Wis. Admin. Code § ETH 1.25 Loan treatment respecting limitations {#sec-eth-1.25 omnilex-key=us-wi-regs-official--agency-eth--ETH 1.25}
A loan when made by any person or committee, except a loan of money by a commercial lending institution made by the institution in accordance with applicable banking laws and regulations in the ordinary course of business, shall be reported as a contribution or disbursement, and also as an incurred obligation by the debtor. When such a loan is received by a registrant, it is counted within the contribution limitation of the creditor while outstanding, but is not counted within the limitation after repayment. The amount or value of any such outstanding loans and any other contributions or disbursements shall at no time exceed any limitation specified in ss. 11.1101, 11.1103, 11.1104, and 11.1105, Stats.
History
- Cr. Register, March, 1975, No. 231, eff. 4-1-75; am. Register, February, 1986, No. 362, eff. 3-1-86; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 20-010: am. Register June 2021 No. 786, eff. 7-1-21.
Wis. Admin. Code § ETH 1.26 Return of contribution {#sec-eth-1.26 omnilex-key=us-wi-regs-official--agency-eth--ETH 1.26}
(1) This rule is promulgated to clarify the treatment and reporting of returned contributions.
(2) The return of a contribution is not a disbursement and it is not a contribution subject to the limitations on contributions in ss. 11.1101, 11.1103, 11.1104, and 11.1105, Stats.
(5) Any registrant and candidate who returns a contribution that is not deposited into the campaign depository within 10 days of receipt is not required to report the returned, unaccepted contribution on a campaign finance report.
(6) A registrant who receives a return of contribution shall report it on the campaign finance report and shall designate this as “return of contribution.”
History
- Cr. Register, March, 1975, No. 231, eff. 4-1-75; am. Register, September, 1978, No. 273, eff. 10-1-78; r. and recr. (3) to (5), cr. (6), Register, February, 1986, No. 362, eff. 3-1-86; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 18-047: r. (3), (4) August 2019 No. 764, eff. 9-1-19; CR 19-035: am. (2), (6) Register May 2020 No. 773, eff. 6-1-20.
Wis. Admin. Code § ETH 1.32 Contribution of partnership funds {#sec-eth-1.32 omnilex-key=us-wi-regs-official--agency-eth--ETH 1.32}
(1) As used in this rule, “partnership” includes all associations organized for profit and all other partnerships.
(a) A contribution in the name of a partnership shall be treated as an individual contribution from each partner in relation to each partner’s interest in the partnership profits or losses unless the partners agree to apportion the contribution otherwise.
(b) When a contribution is made in the name of a partnership, the registrant must obtain the information as to each partner’s share thereof within 30 days after receiving the contribution or return the contribution.
History
- Cr. Register, June, 1977, No. 258, eff. 7-1-77.
Wis. Admin. Code § ETH 1.33 Retirement of campaign debts incurred to business creditors {#sec-eth-1.33 omnilex-key=us-wi-regs-official--agency-eth--ETH 1.33}
(1) As used in this section “an obligation incurred by a registrant to a business creditor” means an obligation incurred by the registrant for goods or services.
(2) An obligation incurred by a registrant to a business creditor will be treated as a contribution of the creditor if any part of the obligation is outstanding for a period longer than that consistent with normal business or trade practice, or if the obligation is settled for less than the outstanding debt, unless a showing is made to the registrant’s filing officer that the creditor has treated the obligation in a commercially reasonable manner. Such a showing must include at least the following:
(a) The initial extension of credit on which the obligation was incurred was made in the ordinary course of business with terms substantially similar to those granted to non-political debtors of similar credit risk; and
(b) The creditor has made all reasonable efforts to retire the debt, including pursuit of all remedies which would normally be employed by the creditor in pursuit of a non-political debtor. “Reasonable efforts to retire the debt” include lawsuits, if filed in similar circumstances.
History
- Cr. Register, August, 1977, No. 260, eff. 9-1-77.
Wis. Admin. Code § ETH 1.385 Return of contributions to contributors by candidates when candidates file nomination papers for offices that have lower contribution limits than the limits that applied at the time of the contributions {#sec-eth-1.385 omnilex-key=us-wi-regs-official--agency-eth--ETH 1.385}
A candidate shall be subject to the contribution limits that apply to the candidate at the time of the primary election at which the candidate’s name appears on the ballot. If a candidate for any office has unspent contributions in his or her campaign depository at the time of filing nomination papers that were lawful at the time of receipt but exceeded the contribution limit that applies to the office for which the candidate is seeking nomination, the candidate shall dispose of the unspent contributions. The candidate shall either return the excess contribution to the contributor on a reasonable basis that the candidate determines or donate the excess contribution to either the common school fund or a charitable organization.
History
- Emerg. cr. eff. 6-1-86; cr. Register, November, 1986, No. 371, eff. 12-1-86.
Wis. Admin. Code § ETH 1.39 Conversion of federal campaign committee to state committee prohibited {#sec-eth-1.39 omnilex-key=us-wi-regs-official--agency-eth--ETH 1.39}
(1) As used in this rule,
(a) “Federal campaign committee” means the campaign committee of a candidate for federal office, which is not registered with a state or local filing officer, and
(b) “State campaign committee” means the candidate committee of a candidate for state or local office.
(2)
(a) A candidate’s federal campaign committee may not be converted to a state campaign committee.
(b) A candidate’s federal campaign committee may contribute funds collected for federal purposes to the candidate’s state or local campaign, not to exceed the maximum amount that may be contributed by a single committee to a candidate for the same office under ss. 11.1101, 11.1103, 11.1104, and 11.1105, Stats., by filing a campaign finance registration statement, pursuant to ss. 11.0501, 11.0502, and 11.0503, Stats., with the appropriate filing officer.
History
- Cr. Register, August, 1977, No. 260, eff. 9-1-77; CR 05-027: am. (2) Register November 2005 No. 599, eff. 12-1-05; correction in (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 20-010: am. (1) (b) Register June 2021 No. 786, eff. 7-1-21.
Wis. Admin. Code § ETH 1.56 Commercial sales by political registrants {#sec-eth-1.56 omnilex-key=us-wi-regs-official--agency-eth--ETH 1.56}
(1) When a registrant receives donated items for resale the proceeds from the resale transaction shall be reported in the following manner:
(a) The receipt of the item shall be reported in the registrant’s campaign finance report as an in-kind contribution and as an in-kind expenditure at the fair market value of the donated item;
(b) The resale of the item shall be reported in the registrant’s campaign finance report as a contribution from the purchaser in the amount paid by the purchaser.
(c) The registrant must make a good faith effort to accurately reflect the fair market value of the item in its campaign finance report.
(2) When a registrant sells an item which it has purchased for resale to raise funds, the entire amount of the proceeds of the sale shall be reported in the registrant’s campaign finance report as a contribution from the purchaser.
(3) The proceeds from the sale of food and beverage at a fundraiser by a registrant shall be reported in the registrant’s campaign finance report as a contribution from the purchaser.
(5) When a registrant disposes of tangible assets of the campaign by sale in a regular commercial transaction for fair market value, the proceeds of the sale shall be reported as “other income” in the registrant’s campaign finance reports.
History
- Cr. Register, February, 1985, No. 350, eff. 3-1-85; CR 18-047: r. (4) Register August 2019 No. 764, eff. 9-1-19; CR 20-010: am. (2) Register June 2021 No. 786, eff. 7-1-21.
Wis. Admin. Code § ETH 1.60 Consulting services {#sec-eth-1.60 omnilex-key=us-wi-regs-official--agency-eth--ETH 1.60}
(1)
(a) Expenditures for consulting services made by a candidate committee, political action committee, legislative campaign committee, or political party on behalf of more than one candidate shall be attributable to each candidate in proportion to, and shall be reported to reflect, the benefit reasonably derived, except as provided in par. (c). This rule shall not apply to independent expenditures made under ss. 11.0505, 11.0605, and 11.1001, Stats.
(b) An authorized expenditure for consulting services made by a candidate, candidate committee, political action committee, or political party on behalf of another candidate shall be reported as an in-kind contribution to the candidate on whose behalf the expenditure was made, except as provided in par. (c).
(c) Exceptions to pars. (a) and (b). Expenditures for rent, personnel, overhead, general administrative, fund-raising, and other costs of political parties or legislative campaign committees, which costs are incurred in the ordinary course of its day-to-day operations, need not be attributed to individual candidates, unless these expenditures are made on behalf of a clearly identified candidate and the expenditure can be directly attributed to that candidate.
(2) If a candidate, candidate committee, political action committee, political party, or legislative campaign committee, for itself or another, hires a consultant to work during a campaign period as that term is defined in ss. 11.1101, 11.1103, 11.1104, and 11.1105, Stats., the amount paid or incurred shall be presumed to be an expenditure on behalf of a candidate or candidates who receive assistance from the consultant. This presumption may be rebutted.
(3) Any expenditures for consulting services shall be valued at the fair market value of the item or services at the time of the contribution.
History
- Emerg. cr. eff. 6-1-86; cr. Register, November, 1986, No. 371, eff. 12-1-86; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1999, No. 524; correction in (1) (a), (b), (2) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 19-035: am. (1) (b) Register May 2020 No. 773, eff. 6-1-20; CR 20-010: am. (1) (a), (c), (2) Register June 2021 No. 786, eff. 7-1-21.
Wis. Admin. Code § ETH 1.70 Travel reimbursements {#sec-eth-1.70 omnilex-key=us-wi-regs-official--agency-eth--ETH 1.70}
(1) A candidate for or a person elected to a state or local office does not make an in-kind contribution to another candidate for a state or local office in another district when a candidate or election official travels to the district of the other candidate for political purposes. The candidate for or person elected to state or local office may be reimbursed from his or her candidate committee and is deemed to provide nonreportable volunteer services to the candidate in the other district.
(2) If the candidate or elected official is reimbursed by another individual, candidate committee, political action committee, political party, or legislative campaign committee for travel, the reimbursement is a reportable contribution to the candidate.
(3) If the candidate or elected official is an officer or employee of a political party or legislative campaign committee who travels on committee business, the reimbursement is not a reportable contribution to the candidate or elected official, but is a reportable disbursement of the political party or legislative campaign committee.
History
- Emerg. cr. eff. 6-1-86; cr. Register, November, 1986, No. 371, eff. 12-1-86; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 19-035: am. (1) Register May 2020 No. 773, eff. 6-1-20; CR 20-010: am. (2), (3) Register June 2021 No. 786, eff. 7-1-21.
Wis. Admin. Code § ETH 1.85 Conduit registration and reporting requirements {#sec-eth-1.85 omnilex-key=us-wi-regs-official--agency-eth--ETH 1.85}
A conduit shall send to each candidate or committee at the time funds are transferred a letter identifying itself as a conduit, the name and address of the transferee, and listing the name and address of each contributor, the date and amount of each contribution, and the occupation, if any, of each contributor whose cumulative contributions to the transferee for the calendar year are in excess of $200.
History
- Emerg. cr. eff. 7-1-86; cr. Register, November, 1986, No. 371, eff. 12-1-86; am. (1) and (4), Register, April, 1998, No. 508, eff. 5-1-98; CR 18-047: r. (1), (2), (4) to (7) Register August 2019 No. 764, eff. 9-1-19; (3) renum. to ETH 1.85 under s. 13.92 (4) (b) 1. Register August 2019 No. 764; CR 20-010: am. Register June 2021 No. 786, eff. 7-1-21.
Wis. Admin. Code § ETH 1.855 Contributions from conduit accounts {#sec-eth-1.855 omnilex-key=us-wi-regs-official--agency-eth--ETH 1.855}
(1) No contribution may be made from a conduit member’s account without the conduit member’s authorization which is specific as to the amount of the contribution and as to the identity of the candidate who is to receive the contribution. The conduit member’s authorization may be made in writing, or may be made orally if a contemporaneous written record of the oral authorization is made by the conduit administrator.
(2) A contribution from a conduit account shall be in the form of a check or other negotiable instrument made out to the named candidate or to the candidate committee, or to a legislative campaign committee, political party, or political action committee. A conduit may not make an in-kind contribution as defined in s. ETH 1.20 (1) (e).
History
- Cr. Register, April, 1998, No. 508, eff. 5-1-98; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 19-035: am. (2) Register May 2020 No. 773, eff. 6-1-20; CR 20-010: r. (3) Register June 2021 No. 786, eff. 7-1-21.
Wis. Admin. Code § ETH 1.95 Contributions of individuals under the age of 18 {#sec-eth-1.95 omnilex-key=us-wi-regs-official--agency-eth--ETH 1.95}
For purposes of campaign finance regulation under ch. 11, Stats., the contribution to a candidate for election or nomination to any of the offices specified in ss. 11.1101, 11.1103, 11.1104, and 11.1105, Stats., of any individual less than 18 years of age at the time of contribution, shall be treated as follows:
(1) The contribution of individual contributors less than 14 years of age at the time of the contribution shall be treated as the contribution of the contributor’s parents or legal guardians. If the contributor has more than one parent or one legal guardian, the contribution shall be attributed to each parent or each guardian in equal shares or in such shares as the parents or the guardians determine by written agreement.
(2) The contribution of individual contributors who are 14 years of age or older at the time of the contribution shall be treated for all purposes of campaign finance regulation under ch. 11, Stats., as the contribution of the individual contributor.
(3) This section shall not affect the determination of an individual’s right or authority to make contributions from a multi-party account at a financial institution.
History
- Cr. Register, January, 1992, No. 433, eff. 2-1-92; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.
Wis. Admin. Code § ETH 1.96 Attribution requirements {#sec-eth-1.96 omnilex-key=us-wi-regs-official--agency-eth--ETH 1.96}
(1) Definitions. In this section:
(b) “Legible” means each individual letter or character is clearly printed so it can be easily understood.
(br) “Readable” means able to be read easily.
(c) “Readily accessible” means capable of being seen without much difficulty.
(2) Specifications for all attributions. The language required by s. 11.1303, Stats., shall be presented in a clear and conspicuous manner that gives the recipient of the communication adequate notice of the identity of the person making the payment or reimbursement or assuming responsibility for the communication.
(3) Additional specifications for attributions in written communications. Written communications shall include an attribution containing the language required by s. 11.1303, Stats., in a manner that is readable, legible, and readily accessible. It is prima facie evidence that an attribution is readable, legible, and readily accessible if the attribution meets all of the following requirements:
(a) It appears in a sans-serif font.
(b) It meets the following applicable minimum font size:
-
An attribution on a written communication measuring no larger than 8.5 inches by 11 inches must be printed in at least 10-point font;
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An attribution on a written communication that is larger than 8.5 inches by 11 inches, but is not larger than 24 inches by 36 inches, must be printed in at least 12-point font; or
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An attribution on any other written communication must appear in letters that are at least four percent of the vertical height of the written communication.
(c) It appears in black text on a white background, or the degree of contrast between the background color and the text color is at least as great as the degree of contrast between the background color and the color of the largest text in the communication.
(d) It remains visible for a period of at least four seconds.
(4) Additional specifications for attributions in audio-only communications. Communications that include only audio shall include an attribution containing the language required by s. 11.1303, Stats., in a manner that is clearly spoken.
(5) Material that does not need an attribution. Communications that are contained in or on any of the following do not require attributions under s. 11.1303, Stats.:
(a) Business cards.
(b) Buttons.
(c) Pencils.
(d) Pens.
(e) Pins.
(f) Skywriting.
(g) Tickets.
(h) Small online ads and similar electronic communications where the language required by s. 11.1303, Stats., could not conveniently be included, and that either link directly to a website that includes the required attribution, or provide an automatic display that includes the attribution.
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Sponsors of such small online ads or similar electronic communications must be able to establish, at the Commission’s request, that including the attribution on the ad or communication was not possible due to size or technological constraints.
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The link required by this paragraph must direct the recipient of the small online ad or similar electronic communication to the attribution in a manner that is readable, legible, and readily accessible, with minimal effort and without viewing extraneous material.
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The automatic display required by this paragraph must display to the recipient of the small online ad or similar electronic communication the attribution in a manner that is readable, legible, and readily accessible. Examples of acceptable automatic display mechanisms include, but are not limited to, non-blockable pop-ups, roll-overs, or other similar mechanisms.
History
- CR 19-035: cr. Register May 2020 No. 773, eff.6-1-20; (1) (a) renum. (1) (br) under s. 13.92 (4) (b) 1., Stats., and correction in (5) (h) 2., 3. made under s. 35.17, Stats., Register May 2020 No. 773.
Chapter ETH 6 PROCEDURE
Wis. Admin. Code § ETH 6.02 Registration statement sufficiency {#sec-eth-6.02 omnilex-key=us-wi-regs-official--agency-eth--ETH 6.02}
(1) Any registration filed with a filing officer under ss. 11.0201, 11.0202, 11.0203, 11.0301, 11.0302, 11.0303, 11.0401, 11.0402, 11.0403, 11.0501, 11.0502, 11.0503, 11.0601, 11.0602, 11.0603, 11.0701, 11.0702, 11.0703, 11.0801, 11.0802, 11.0803, 11.0901, 11.0902, and 11.0903, Stats., which is insufficient as to essential form, information or attestation shall be rejected by such officer and shall be promptly returned if possible to the proposed registrant indicating the nature of the insufficiency. The proposed registrant shall be informed that the attempted registration is not effective.
(2) Any registration statement filed with a filing officer under ss. 11.0201, 11.0202, 11.0203, 11.0301, 11.0302, 11.0303, 11.0401, 11.0402, 11.0403, 11.0501, 11.0502, 11.0503, 11.0601, 11.0602, 11.0603, 11.0701, 11.0702, 11.0703, 11.0801, 11.0802, 11.0803, 11.0901, 11.0902, and 11.0903, Stats., which is insufficient or incomplete in some manner but substantially complies with law shall be accepted by such officer who shall then promptly notify the registrant indicating the nature of the incompletion or insufficiency. The registrant shall then have 15 days from the date of such notice to rectify the problem. If the incompletion or insufficiency is not rectified by the registrant within 15 days from the date of the notice, the registration lapses and is not effective.
History
- Emerg. cr. 8-9-74; cr. Register, November, 1974, No. 227, eff. 12-1-74; corrections made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 17-036: am. (1), (2) Register January 2018 No. 745 eff. 2-1-18.
Wis. Admin. Code § ETH 6.03 Assistance by ethics commission staff {#sec-eth-6.03 omnilex-key=us-wi-regs-official--agency-eth--ETH 6.03}
Pursuant to the authority and responsibility vested in the ethics commission by the statutes, specifically s. 19.46 (2), Stats., the staff of the commission is authorized to provide advice to any interested person with respect to the proper application of ch. 11, subch. III of ch. 13, and subch. III of ch. 19, Stats. Such advice should not be construed as a formal opinion of the commission under s. 19.46 (2) (c), Stats.
History
- Cr. Register, March, 1978, No. 267, eff. 4-1-78; corrections made under s. 13.92 (4) (b) 6. and 7., Stats., Register June 2016 No. 726; CR 17-036: am. (intro.) Register January 2018 No. 745 eff. 2-1-18.
Wis. Admin. Code § ETH 6.04 Filing documents by facsimile (FAX) process {#sec-eth-6.04 omnilex-key=us-wi-regs-official--agency-eth--ETH 6.04}
(1) As used in this rule:
(ag) “Commission” means the ethics commission.
(ar) “Document” means any form, statement, pleading or other writing which is required to be filed with the filing officer.
(b) “Facsimile process” means the electronic transmission of a duplicate copy of a signed original document.
(c) “FAX” has the same meaning as facsimile process.
(d) “Local filing officer” means an elections official other than the commission, with whom campaign finance documents are required to be filed under ch. 11, Stats.
(2) Campaign finance reports provided in ss. 11.0103, 11.0204, 11.0304, 11.0404, 11.0504, 11.0505, 11.0604, 11.0605, 11.0704, 11.0804, 11.0904, and 11.1001, Stats., may not be filed with the commission or a local filing officer by facsimile process. Campaign finance reports which are provided in ss. 11.0103, 11.0204, 11.0804, and 11.0904, Stats., and which are delivered by the U.S. mails are considered filed with the local filing officer when the report is postmarked. Campaign finance reports which are provided in ss. 11.0103, 11.0204, 11.0804, and 11.0904, Stats., and which are not delivered by the U.S. mails, are considered filed with the local filing officer when received in the local filing officer’s offices. Campaign finance reports that are provided in ss. 11.0103, 11.0204, 11.0304, 11.0404, 11.0504, 11.0604, 11.0704, 11.0804, 11.0904, and 11.1001, Stats., are considered filed with the commission when received in the commission’s offices.
(3) Except as provided in sub. (2), where the Wisconsin Statutes or rules of the ethics commission require that a document be filed no later than a date certain, that document shall be considered timely filed if both:
(a) A duplicate copy of the document is received by the commission or local filing officer, in its offices, by facsimile process, no later than the day and hour at which the document is required to be filed and
(b) The signed original of the document is received at the offices of the commission or local filing officer with a postmark not later than the filing deadline; or the signed original is delivered to the commission or local filing officer not later than the filing deadline.
(4) Any document which is filed by facsimile process under this rule shall be considered received at the time of transmission as recorded and entered by the receiving equipment by the commission or local filing officer’s staff when the facsimile copy is delivered to the commission or local filing officer’s offices.
(5) If, for any reason, transmission of a document is not received at the commission or local filing officer’s offices, whether because of a failure in the receiving system of the commission or local filing officer or because of a failure in the transmitting system of the person attempting to file or for any other reason, a document shall not be considered received or filed until a facsimile copy is delivered to and received at the commission or local filing officer’s offices and the signed original is received at the commission or local filing officer’s offices with a postmark not later than the filing deadline.
(6) The burden of establishing that a document has been received by facsimile process at the offices of the commission or local filing officer shall be upon the person who, or the committee or group which, is required to file the document.
History
- Cr. Register, January, 1992, No. 433, eff. 2-1-92; am. (1) (a), (2), (3) (a) and (b), (4) to (6), cr. (1) (d), Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) (d) and (3) made under s. 13.92 (4) (b) 6., Stats., and correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 17-036: renum. (1) (a) to (1) (ar), cr. (1) (ag), am. (1) (d), (2), (3) (a), (b), (4) to (6) Register January 2018 No. 745 eff. 2-1-18.
Wis. Admin. Code § ETH 6.05 Filing campaign finance reports in electronic format {#sec-eth-6.05 omnilex-key=us-wi-regs-official--agency-eth--ETH 6.05}
(1) Definitions: As used in this rule:
(a) “Campaign period” for a candidate has the same meaning as provided in s. 11.1103, Stats., and for any other registrant begins on January 1 of an odd-numbered year and ends on December 31 of the following year.
(b) “Contribution” has the same meaning as provided in s. 11.0101 (6), Stats.
(c) “Electronic format” means a computer data file created using the online system maintained by the commission for campaign finance registration and reporting.
(d) “Filing officer” means the ethics commission.
(e) “Registrant” has the same meaning as provided in s. 11.0101 (6) and (7), Stats.
(f) “Report” means any filing required by ss. 11.0103, 11.0204, 11.0304, 11.0404, 11.0504, 11.0505, 11.0604, 11.0605, 11.0704, 11.0804, 11.0904, and 11.1001, Stats.
(2) Any registrant who files with the ethics commission and who accepts contributions or makes disbursements in a total amount or value of more than $1,000 during a campaign period shall file each campaign finance report that is required to be filed by ch. 11, Stats., in an electronic format.
(3) Any registrant not required to file reports electronically may elect to file any campaign finance report in an electronic format.
(4) Any campaign finance report filed in an electronic format shall be transmitted in time to be received by the filing officer no later than the time provided by law for filing the report. Any registrant who files a campaign finance report electronically shall, thereafter, file electronically all campaign finance reports required to be filed by the registrant.
History
- Cr. Register, August, 1998, No. 512, eff. 9-1-98; am., Register, August, 1999, No. 524, eff. 9-1-99; CR 02-082: am. (1) (c), (2) and (5), Register November 2002 No. 563, eff. 12-1-02; correction in (1) (a), (b), (e), (f) made under s. 13.92 (4) (b) 7., Stats., and correction in (2), (6) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726; CR 17-036: am. (1) (a), (c), (f), (2), r. (5), (6) Register January 2018 No. 745 eff. 2-1-18.
Chapter ETH 15 STATEMENT OF ECONOMIC INTERESTS
Wis. Admin. Code § ETH 15.045 Identification of individuals and organizations {#sec-eth-15.045 omnilex-key=us-wi-regs-official--agency-eth--ETH 15.045}
(1) The identity of an organization under s. 19.44 (1), Stats., is information sufficient to enable a person to ascertain without extraordinary diligence the following information:
(a) The general nature of the business or activity in which the organization is engaged.
(b) The identity of the organization’s directors and principal officers, if any.
(c) In the case of a partnership, the identity of the general partners.
(d) If the organization’s business is primarily income producing real property, the property’s location.
(2) The identity of an individual includes the individual’s name and information sufficient to distinguish the person from any other individual.
History
- Cr. Register, June, 1977, No. 258, eff. 7-1-77; am. Register, October, 1978, No. 274, eff. 11-1-78; renum. (intro.) and (1) to (4) to be (1), (intro.) and (a) to (d) and am. (1) (intro.), cr. (2), Register, April, 1985, No. 352, eff. 5-1-85.
Wis. Admin. Code § ETH 15.06 Interests held for benefit of another {#sec-eth-15.06 omnilex-key=us-wi-regs-official--agency-eth--ETH 15.06}
Economic interests held in the name of a bank, broker-dealer, trustee, or nominee for the account of a person are owned by the person for whose benefit they are held. A person owns economic interests held in the name of another person or entity if by reason of any contract, understanding, relationship, including a family relationship or arrangement, such person obtains therefrom benefits substantially equivalent to those of ownership.
History
- Renum. from 2.04 (2) and am., Register, September, 1976, No. 249, eff. 10-1-76.
Wis. Admin. Code § ETH 15.07 Valuation {#sec-eth-15.07 omnilex-key=us-wi-regs-official--agency-eth--ETH 15.07}
For the purpose of determining under s. 19.44 (1), Stats., whether securities are valued at $5,000 or more:
(1) The value of securities listed on a stock exchange is the closing price on the exchange.
(2) The value of securities not listed on a stock exchange but traded in the over-the-counter market is the average of the bid and asked price.
(3) The value of securities for which no market information is readily available is:
(a) For common stock and equivalent securities, the issuer’s net worth divided by the number of outstanding shares multiplied by the number of shares held.
(b) For preferred stock, the redemption price or, if not redeemable, the stated value.
(c) For debt securities, the unpaid balance.
History
- Cr. Register, June, 1976, No. 246, eff. 7-1-76; am. (1) (intro.), Register, October, 1978, No. 274, eff. 11-1-78; renum. (1) (intro.) and (a) to (c) to be (intro.) and (1) to (3) and am., r. (1) (d) and (e), Register, April, 1985, No. 352, eff. 5-1-85; correction made under s. 13.93 (2m) (b) 1., Stats, Register, October, 1999, No. 526.
Wis. Admin. Code § ETH 15.08 Partnership interest {#sec-eth-15.08 omnilex-key=us-wi-regs-official--agency-eth--ETH 15.08}
A partner has a 10% or greater interest in a partnership under s. 19.44 (1), Stats., if:
(1) The partner would be entitled to receive 10% or more of the proceeds from the partnership’s dissolution, or
(2) During the partnership’s accounting period covering the date for which the calculation is made the partner, either by prior agreement or by the partner’s best estimate, received or will be entitled to receive 10% or more of the partnership’s net profit or will be credited with 10% or more of the partnership’s net loss.
History
- Cr. Register, June, 1976, No. 246, eff. 7-1-76; am. Register, September, 1976, No. 249, eff. 10-1-76; r. and recr. Register, April, 1985, No. 352, eff. 5-1-85.
Chapter ETH 16 LOBBYING
Wis. Admin. Code § ETH 16.02 Hospitality, defined {#sec-eth-16.02 omnilex-key=us-wi-regs-official--agency-eth--ETH 16.02}
When used in s. 19.42 (1), Stats.,“hospitality” includes but is not limited to meals, beverages and lodging which a host other than an organization offers a guest on premises owned or occupied by the host or his or her immediate family as the host’s principal or seasonal residence. Hospitality is unrelated to state business if the hospitality would be extended if the recipient or a member of the recipient’s immediate family did not hold a state public office.
Note: Anything of value is defined at s. 19.42 (1), Stats., and later appears at ss. 19.42 (6) and 19.45 (2), (3) and (4), Stats. Specifically excluded from the term is “. . . hospitality extended for a purpose unrelated to state business by a person other than an organization.”
In general, these sections provide that a state public official may not use his or her public office to obtain anything of substantial value and may not accept anything of value if it could reasonably be expected to influence the official’s judgment. Moreover, a state official must report annually the acceptance of anything of value received as a gift from someone other than a relative if its value exceeds $50.
ETH 16.02 identifies the most common situations coming within the hospitality exclusion. Many other circumstances may come within the exclusion (e.g., wedding receptions, theater parties, hunting trips) but because of their diverse character no general rule can be stated. Written opinions on the term’s application to situations not addressed here may be obtained from the board on request.
The rule also identifies the circumstances under which hospitality is unrelated to state business.
History
- Cr. Register, June, 1976, No. 246, eff. 7-1-76; am. (1) and (5), Register, September, 1976, No. 249, eff. 10-1-76; renum. (6) to be (7), cr. (6), Register, May, 1977, No. 257, eff. 6-1-77; am. (1), Register, June, 1977, No. 258, eff. 7-1-77; renum. (7) to be (8), cr. (7), Register, November, 1977, No. 263, eff. 12-1-77; am. (intro.) r. and recr. (1) and r. (2) to (8), Register, October, 1978, No. 274, eff. 11-1-78; renum. (1) to be (2), cr. (1), Register, July, 1979, No. 283, eff. 8-1-79; am. (intro.) and (1), r. (2), Register, April, 1985, No. 352, eff. 5-1-85.
Wis. Admin. Code § ETH 16.03 Topic of a lobbying communication {#sec-eth-16.03 omnilex-key=us-wi-regs-official--agency-eth--ETH 16.03}
A person reports a topic as provided by s. 13.67, Stats., if the person provides the ethics commission all of the following information:
(1) A succinct written statement sufficient to put the reader on notice of the communication’s specific subject matter.
(2) Whether the communication is an attempt to influence legislative or administrative action, or both.
(4) A single category designation, chosen from the following list:
(a) Administrative Law.
(am) Agriculture and Forestry.
(b) Alcohol Beverage Regulation.
(bm) Buildings and Safety.
(c) Campaign Finance.
(cg) Children.
(cr) Claims.
(d) Collective Bargaining.
(dm) Commerce and Consumer Protection.
(e) Constitutional Amendments.
(em) Correctional System.
(f) Courts.
(fg) Criminal Law.
(fr) DCF Public Assistance.
(g) Discrimination.
(gm) Domestic Relations.
(h) Drunk Driving.
(hm) Economic Development.
(i) Education K-12.
(ig) Elderly and Aging.
(ir) Election Law.
(j) Eminent Domain.
(jm) Energy and Utilities.
(k) Environment and Natural Resources.
(km) Ethics and Lobby Law.
(L) Family Law.
(Lg) Federal/State Relations.
(Lr) Financial Institutions and Business Associations.
(m) Gambling.
(mm) Health.
(n) Education (Higher Ed and Technical Colleges).
(nm) Housing.
(o) Indian Affairs.
(og) Individual Income Taxation.
(or) Investment Board.
(p) Insurance.
(pm) Judiciary.
(q) Juvenile Justice and Children’s Code.
(qm) Labor and Employment.
(r) Land Use and Zoning.
(rg) Legislative Procedure.
(rr) Local Government.
(s) Medical Assistance and DHS Public Assistance.
(sm) Mental Health.
(t) Natural Resources.
(tm) Occupational Regulation.
(u) Privacy.
(ug) Probate.
(ur) Public Records and Open Meetings.
(v) Public Sector Employment and Benefits.
(vm) Public Utilities.
(w) Real Estate and Housing.
(wm) Retirement.
(x) Shared Revenue.
(xg) State Government and Finance.
(xr) Taxation.
(y) Trade Regulation.
(ym) Transportation.
(z) Unemployment Insurance.
(zm) Veterans and Military Affairs.
History
- Cr. Register, September, 2000, No. 537, eff. 10-1-00; CR 03-061: am. Register December 2003 No. 576, eff. 1-1-04; correction in (intro.) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726; CR 18-017: am. (1), r. (3), cr. (4) Register July 2019 No. 763, eff. 1-1-20; correction in (4) (r) made under s. 35.17, Stats., Register July 2019 No. 763; correction in (4) (s) made under s. 13.92 (4) (b) 6., Stats., Register July 2019 No. 763.
Wis. Admin. Code § ETH 16.04 Proposed administrative rule number {#sec-eth-16.04 omnilex-key=us-wi-regs-official--agency-eth--ETH 16.04}
A person reports a proposed administrative rule number as provided by s. 13.67, Stats., if the person provides the commission the state agency name and scope statement number.
History
- CR 03-061: cr. Register December 2003 No. 576, eff. 1-1-04; CR 18-017: cons. and renum. (intro.) and (1) to ETH 16.04 and am., r. (2) Register July 2019 No. 763, eff. 1-1-20.
Wis. Admin. Code § ETH 16.05 Voluntary lobbyist home address disclosure {#sec-eth-16.05 omnilex-key=us-wi-regs-official--agency-eth--ETH 16.05}
The Commission may request a lobbyist to voluntarily provide his or her home address to the commission upon application for licensure. An address provided under this section may be retained and utilized by the commission only for the purpose of auditing for contributions prohibited by s. 13.625, Stats.
History
- CR 18-017: cr. Register July 2019 No. 763, eff. 1-1-20.
Chapter ETH 21 PRACTICE AND PROCEDURE
Wis. Admin. Code § ETH 21.02 Definitions {#sec-eth-21.02 omnilex-key=us-wi-regs-official--agency-eth--ETH 21.02}
As used in this chapter:
(1) “Administrator” means an individual appointed by the commission pursuant to s. 15.62 (1) (b), Stats., or, upon delegation by the administrator, the assistant administrator or staff counsel.
(2) “Assistant administrator” means an individual appointed by the administrator to serve as assistant administrator pursuant to s. 19.47 (2), Stats.
(3) “Commission” means the Wisconsin Ethics Commission.
(4) “Complainant” means a person filing a complaint with the commission under s. 19.49 (2) (b), Stats.
(5) “Formal opinion” means a formal advisory opinion issued by the commission under s. 19.46 (2) (a) or (c), Stats.
(6) “Informal opinion” means an advisory opinion issued by the commission, or by the administrator, assistant administrator, or staff counsel, as authorized by the commission, pursuant to s. 19.46 (2) (a) and (b), Stats.
(7) “Local registrant” means an individual or organization registered with a filing officer other than the commission.
(8) “Person” includes any of the following:
(a) An individual.
(b) A candidate as defined by s. 11.0101 (1), Stats.
(c) A candidate committee as defined by s. 11.0101 (2), Stats.
(d) A conduit as defined by s. 11.0101 (7), Stats.
(e) An independent expenditure committee as defined by s. 11.0101 (17), Stats.
(f) A legislative campaign committee as defined by s. 11.0101 (19), Stats.
(g) A political action committee as defined by s. 11.0101 (25), Stats.
(h) A political party as defined by s. 11.0101 (26), Stats.
(i) A recall committee as defined by s. 11.0101 (27), Stats.
(j) A referendum committee as defined by s. 11.0101 (28), Stats.
(k) An agency official as defined by s. 13.62 (3), Stats.
(L) An elective state official as defined by s. 13.62 (6), Stats.
(m) A legislative employee as defined by s. 13.62 (8m), Stats.
(n) A lobbyist as defined by s. 13.62 (11), Stats.
(o) A lobbying principal as defined by s. 13.62 (12), Stats.
(p) A local public official as defined by s. 19.42 (7x), Stats.
(q) An official required to file as defined by s. 19.42 (10), Stats.
(r) A state public official as defined by s. 19.42 (14), Stats.
(s) Any other person as defined by s. 990.01 (26), Stats.
(9) “Probable cause” means the facts, circumstances, and reasonable inferences that together are sufficient to justify a reasonable, prudent person, acting with caution, to believe that the matter asserted is probably true.
(10) “Reasonable suspicion” means specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant further investigation.
(11) “Respondent” means a person alleged to have committed a violation of ch. 11, subch. III of ch. 13, or subch. III of ch. 19, Stats., by a complainant.
(12) “Staff counsel” means an employee of the commission designated by the administrator to serve as legal counsel of the commission pursuant to s. 19.47 (2), Stats.
(13) “Sufficient allegations” means allegations of fact and reasonable inferences drawn from those allegations that, if proven, would satisfy each element of the applicable law.
History
- CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23; correction in (1), (11) made under s. 35.17, Stats., Register July 2023 No. 811.
Wis. Admin. Code § ETH 21.03 Receipt and preliminary review of complaints {#sec-eth-21.03 omnilex-key=us-wi-regs-official--agency-eth--ETH 21.03}
(1) Complaint form and contents. A complaint shall be filed in writing. The complaint, together with all attachments shall not exceed 10 pages without prior approval of the administrator. A complaint shall include all of the following:
(a) The full name and address of the complainant.
(b) The full name and address of the respondent against whom the complaint is filed. If multiple persons are alleged to have committed a violation, a complainant shall file a separate complaint for each respondent.
(c) An allegation of a violation of ch. 11, subch. III of ch. 13, or subch. III of ch. 19, Stats.
(d) A concise statement of the facts supporting each alleged violation that differentiates between statements based on personal knowledge and those based on information and belief. Statements not based on personal knowledge shall identify the source of the information.
(e) Citation to any legal authority which the complainant relies on in support of their complaint. Citations to cases shall include a public domain cite, if available. Citations shall also include page or paragraph numbers, if appropriate.
(f) Any relevant documentation supporting the allegations, if available.
(g) The notarized signature of the complainant, the complainant’s attorney, or other authorized person filing the complaint on behalf of the complainant.
(h) If a complaint is filed by an attorney or other authorized person on behalf of the complainant, the attorney or other authorized person shall include a notice of representation that includes the name and address of the attorney or other authorized person.
(2) Preliminary review. The administrator shall conduct a preliminary review of each complaint filed with the commission and shall dismiss a complaint or the relevant portion of a complaint if it does not comply with sub. (1) or if any of the following applies:
(a) The complainant does not file the complaint within the time period specified by s. 19.49 (2) (f), Stats.
(b) The commission does not have jurisdiction over the violation alleged.
(c) The complaint does not contain sufficient allegations to establish that a violation of ch. 11, subch. III of ch. 13, or subch. III of ch. 19, Stats., has potentially occurred.
(3) Notice of dismissals. The administrator shall inform the commission of each complaint that was dismissed under sub. (2) since its last meeting.
History
- CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23.
Wis. Admin. Code § ETH 21.04 Acknowledgement and notice of complaints {#sec-eth-21.04 omnilex-key=us-wi-regs-official--agency-eth--ETH 21.04}
After preliminary review of a complaint under s. ETH 21.03 (2), but within 5 calendar days of receipt of the complaint, the administrator shall:
(1) Send a written notice to the complainant that provides all of the following:
(a) An acknowledgement that the commission received the complaint.
(b) A notice if the complaint or any portion of the complaint was dismissed under s. ETH 21.03 (2).
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If the complaint or any portion of the complaint was dismissed for failure to comply with the requirements of s. ETH 21.03 (1), the notice shall include an explanation of the relevant requirements and inform the complainant that the complainant may re-file the complaint once it conforms to the requirements of s. ETH 21.03 (1).
-
If the complaint or any portion of the complaint was dismissed pursuant to s. ETH 21.03 (2) (a), the notice shall indicate the relevant deadline to file the complaint, if known.
-
If the complaint or any portion of the complaint was dismissed pursuant to s. ETH 21.03 (2) (b), the notice shall inform the complainant of the governmental agency with jurisdiction over the matter, if known.
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If the complaint or any portion of the complaint was dismissed pursuant to s. ETH 21.03 (2) (c), the notice shall specify what additional allegations would be required to satisfy each element of the applicable law, if known.
(2) If the complaint was not dismissed, send a written notice to the respondent that provides all of the following:
(a) A statement that the respondent has 15 calendar days from receipt of the notice to submit a written response demonstrating to the commission that the commission should take no action against the respondent on the basis of the complaint.
(b) A notice that an extension of the deadline to file a written response may be granted by the administrator for good cause shown.
(c) If any portion of the complaint was dismissed upon preliminary review under s. ETH 21.03 (2), a statement describing which allegations have been dismissed.
(d) A copy of the complaint.
History
- CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23.
Wis. Admin. Code § ETH 21.05 Response form and contents {#sec-eth-21.05 omnilex-key=us-wi-regs-official--agency-eth--ETH 21.05}
A response to a complaint, if any, shall be filed in writing. The response, together with all attachments shall not exceed 10 pages without prior approval of the administrator. A response, if any, shall include all of the following:
(1) The case number assigned to the case.
(2) A concise statement of the facts supporting the respondent’s response to each alleged violation that differentiates between statements based on personal knowledge and those based on information and belief. Statements not based on personal knowledge shall identify the source of the information.
(3) Citation to any legal authority which the respondent relies on in support of their response. Citations to cases shall include a public domain cite, if available. Citations shall also include page or paragraph numbers, if appropriate.
(4) Any relevant documentation supporting the response, if available.
(5) If a response is filed by an attorney or other authorized person on behalf of the respondent, the attorney or other authorized person shall include a notice of representation that includes the name and address of the attorney or other authorized person.
History
- CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23.
Wis. Admin. Code § ETH 21.06 Preliminary requests for information {#sec-eth-21.06 omnilex-key=us-wi-regs-official--agency-eth--ETH 21.06}
Before the commission makes a determination of reasonable suspicion, the administrator may request from any person any of the following:
(1) If the complaint alleges a violation by any local registrant, a copy of the campaign registration statement and any campaign finance reports filed by the local registrant.
(2) If the complaint alleges a violation of s. 11.1303, Stats., any information or documentation related to the specifications provided in s. ETH 1.96.
(3) Any public records or other publicly available information.
History
- CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23.
Wis. Admin. Code § ETH 21.07 Determination of reasonable suspicion {#sec-eth-21.07 omnilex-key=us-wi-regs-official--agency-eth--ETH 21.07}
(1) In making its determination as to whether reasonable suspicion of a violation exists, the commission may consider the complaint, the response, information provided upon request under s. ETH 21.06, publicly available information, and the analysis and recommendations of commission staff.
(2) If the commission finds no reasonable suspicion or fails to find there is reasonable suspicion that a violation has occurred or is occurring, the commission shall dismiss the complaint and the parties shall be notified pursuant to s. ETH 21.10.
(3) If the commission finds reasonable suspicion that a violation has occurred or is occurring, the commission may do any of the following:
(a) Authorize an investigation by resolution. The resolution shall specifically set forth any matter that is authorized to be investigated.
(b) Issue a written warning.
(c) Extend a settlement offer.
History
- CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23.
Wis. Admin. Code § ETH 21.08 Determination of probable cause {#sec-eth-21.08 omnilex-key=us-wi-regs-official--agency-eth--ETH 21.08}
(1) At the conclusion of its investigation, the commission shall, in preliminary written findings of fact and conclusions based thereon, make a determination of whether or not probable cause exists to believe that a violation has occurred or is occurring.
(2) In making its determination as to whether probable cause of a violation exists, the commission may consider the complaint, the response, information provided upon request pursuant to s. ETH 21.06, publicly available information, information obtained pursuant to an investigation, and the analysis and recommendations of commission staff.
(3) If the commission finds that no probable cause exists, it shall dismiss the complaint and the parties shall be notified pursuant to s. ETH 21.10.
(4) If the commission finds that there is probable cause to believe that a violation has occurred or is occurring, the commission may do any of the following:
(a) Authorize the administrator to file a civil complaint against the alleged violator.
(b) Issue a written warning.
(c) Extend a settlement offer.
(d) Refer the matter to one of the following:
-
To the district attorney for the county in which the alleged violator resides.
-
If the alleged violator is a nonresident, to the district attorney for the county where the matter arises.
-
If the alleged violator is a district attorney, a circuit court judge, or a candidate for either such office, to the attorney general.
History
- CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23.
Wis. Admin. Code § ETH 21.09 Exercises of prosecutorial discretion {#sec-eth-21.09 omnilex-key=us-wi-regs-official--agency-eth--ETH 21.09}
Pursuant to the authority granted in s. 19.49 (2) (b) 4., Stats., the commission may vote to terminate a complaint or investigation at any time notwithstanding a finding of reasonable suspicion or probable cause that a violation has occurred or is occurring. If a complaint or investigation is terminated, it is deemed to be dismissed by the commission and the parties shall be notified pursuant to s. ETH 21.10.
History
- CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23.
Wis. Admin. Code § ETH 21.10 Notification of dismissal {#sec-eth-21.10 omnilex-key=us-wi-regs-official--agency-eth--ETH 21.10}
After a determination that either no reasonable suspicion or no probable cause of a violation exists, or where any complaint is deemed to be dismissed by the commission, the administrator shall send a written notice to the complainant and respondent within 5 calendar days.
History
- CR 22-052: cr. Register July 2023 No. 811, eff. 8-1-23.
Wis. Admin. Code § ETH 21.30 Requests for written advice {#sec-eth-21.30 omnilex-key=us-wi-regs-official--agency-eth--ETH 21.30}
(1) General provisions.
(a) A person may request either a formal or an informal advisory opinion of the commission. An informal opinion may be issued by the administrator and is issued only to the person requesting the opinion. A formal opinion is issued by the commission itself, allows an opportunity for a hearing, and the request and opinion are anonymized and published on the commission’s Internet site.
(b) If a person requests in writing the commission’s written advice regarding the propriety of a matter to which the person is or may become a party, the administrator may advise the person in writing.
(c) The written advice shall be consistent with all applicable formal advisory opinions issued by the commission, statute or other law, and case law as required by s. 19.46 (2) (b) 1., Stats., as well as the United States and Wisconsin constitutional law.
(d) Written advice prepared by the administrator has the full force and effect of written advice given by the ethics commission.
(2) Requests for informal opinions.
(a) If a person requests an informal opinion, the administrator shall determine if any of the following applies:
-
If the request cannot be answered by existing statute, opinion precedent, or case law, the request shall be considered by the commission at its next regular meeting.
-
If the request can be answered by existing statute, opinion precedent, or case law, the administrator may issue an informal opinion on behalf of the commission. If the administrator issues an informal opinion on behalf of the commission, all of the following applies:
a. Any such opinion shall include a notice to the requestor that the opinion shall be reported to the commission at its next regular meeting pursuant to s. 19.46 (2) (a) 4., Stats. The notice shall advise the requestor that if the commission disagrees with the opinion, the commission may withdraw the opinion, issue a revised opinion, or request an opinion from the attorney general. The notice shall also state that if the opinion is withdrawn or revised, no person relying upon the withdrawn or revised opinion is exempted from prosecution under s. 19.46 (2) (a) 3., Stats., after withdrawal or revision. If the commission issues a revised opinion, the revised opinion provides exemption from civil or criminal prosecution under s. 19.46 (2) (a) 3., Stats.
b. Any such opinion shall be reported to the commission at its next regular meeting pursuant to s. 19.46 (2) (a) 4., Stats.
(b) The administrator, assistant administrator, or staff counsel may request any additional information from the requestor that is necessary to issue the opinion.
(3) Requests for formal opinions.
(a) If a person requests a formal opinion or requests a review or modification of a previously issued formal opinion, the commission shall review the request and may issue a formal opinion.
(b) The administrator, assistant administrator, or staff counsel may request any additional information from the requestor that is necessary to issue the opinion.
(c) Any person requesting a formal opinion may request a public or private hearing before the commission to discuss the opinion pursuant to s. 19.46 (2) (b), Stats. Any such request for a hearing must be received no later than 21 calendar days prior to the requested hearing date. The commission shall grant any such request for a public or private hearing.
(4) Voluntary waiver of confidentiality. In addition to waiver by making an opinion public or purporting to make an opinion public as provided in s. 19.55 (4) (b), Stats., a person who receives an informal or formal opinion may voluntarily waive confidentiality of the request and any records obtained or prepared by the commission in connection with the request for an informal or formal opinion by submitting a statement in writing to the administrator that the person is waiving confidentiality. Any records obtained or prepared by the commission includes the opinion.
History
- Cr. Register, June, 1976, No. 246, eff. 7-1-76; am. Register, September, 1976, No. 249, eff. 10-1-76; am. Register, October, 1976, No. 250, eff. 11-1-76; am. Register, April, 1985, No. 352, eff. 5-1-85; correction made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726; CR 17-038: am. Register March 2018 No. 747 eff. 4-1-18; CR 22-052: r. and recr. Register July 2023 No. 811, eff. 8-1-23; correction in (1) (c), (2) (a) 2. a. made under s. 35.17, Stats., Register July 2023 No. 811.
Chapter ETH 26 SETTLEMENT OFFER SCHEDULE
Wis. Admin. Code § ETH 26.01 Definitions {#sec-eth-26.01 omnilex-key=us-wi-regs-official--agency-eth--ETH 26.01}
In this chapter:
(1) “15 day report” means the report referred to in s. 13.67, Stats.
(1m) “Business day” means any day Monday to Friday, excluding Wisconsin legal holidays as defined in s. 995.20, Stats.
(2) “Commission” means the Wisconsin Ethics Commission.
(3) “Continuing report” includes the campaign finance reports due in January and July referred to in ss. 11.0204 (2) (c), (3) (b), (4) (c) and (d), (5) (b) and (c), and (6) (a) and (b), 11.0304 (2) (c), (3) (b), (4) (c) and (d), and (5) (b) and (c), 11.0404 (2) (c) and (d) and (3) (b) and (c), 11.0504 (2) (c), (3) (b), (4) (c) and (d), and (5) (b) and (c), 11.0604 (2) (c), (3) (b), (4) (c) and (d), and (5) (b) and (c), 11.0704 (2), (3) (a), (4) (a) and (b), and (5) (a) and (b), 11.0804 (2) (c), (3) (b), (4) (c) and (d), and (5) (b) and (c), and 11.0904 (2) (c), (3) (b), (4) (c) and (d), and (5) (b) and (c), Stats.
(4) “Contribution” has the meaning given in s. 11.0101 (8), Stats.
(5) “Contributor” means a person or committee who makes a contribution.
(6) “Contributor information” includes the information required by ss. 11.0204 (1) (a) 1. and 3., 11.0304 (1) (a) 1. and 3., 11.0404 (1) (a) 1.and 3., 11.0504 (1) (a) 1. and 3., 11.0604 (1) (a) 1. and 3., 11.0704 (1) (b) 1. and 2., 11.0804 (1) (a) 1. and 2., and 11.0904 (1) (a) 1. and 3., Stats.
(7) “Disbursement” has the meaning given in s. 11.0101 (10), Stats.
(8) “Disbursement information” includes the information required by ss. 11.0204 (1) (a) 8., 11.0304 (1) (a) 8., 11.0404 (1) (a) 8., 11.0504 (1) (a) 8., 11.0604 (1) (a) 8., 11.0804 (1) (a) 7., and 11.0904 (1) (a) 8., Stats., regarding disbursements greater than $20.
(9) “Excess contribution” means a contribution that exceeds any of the limits set in ss. 11.1101, 11.1104, 11.1107, and 11.1108, Stats.
(10) “Filing fee” means the fee required by s. 11.0102 (2), Stats.
(11) “Late contribution” means a contribution or contributions of $1,000 or more cumulatively from a single contributor made later than 15 days prior to a primary or election as described in ss. 11.0204 (7), 11.0304 (7), and 11.0404 (4), Stats.
(12) “Late contribution report” includes the campaign finance reports referred to in ss. 11.0204 (7), 11.0304 (7), and 11.0404 (4), Stats., that are due no later than 72 hours after receiving a late contribution if the late contribution was not previously included in the registrant’s preprimary or preelection report.
(12m) “Lobbying communication” has the meaning given in s. 13.62 (10g), Stats.
(13) “Lobbyist” has the meaning given in s. 13.62 (11), Stats.
(14) “Post-election campaign finance report” includes the campaign finance reports referred to in ss. 11.0204 (3) (c) and (5) (d), 11.0304 (3) (c) and (5) (d), 11.0404 (3) (d), 11.0504 (3) (c) and (5) (d), 11.0604 (3) (c) and (5) (d), and 11.0704 (3) (b) and (5) (c), Stats., that are due no earlier than 23 days and no later than 45 days after a special election.
(15) “Preelection campaign finance report” includes the campaign finance reports referred to in ss. 11.0204 (2) (b), (3) (a), (4) (b), and (5) (a), 11.0304 (2) (b), (3) (a), (4) (b), and (5) (a), 11.0404 (2) (b) and (3) (a), 11.0504 (2) (b), (3) (a), (4) (b), and (5) (a), 11.0604 (2) (b), (3) (a), (4) (b), and (5) (a), 11.0804 (2) (b), (3) (a), (4) (b), and (5) (a), and 11.0904 (2) (b), (3) (a), (4) (b), and (5) (a), Stats., that are due no earlier than 14 days and no later than 8 days before an election.
(16) “Preprimary campaign finance report” includes the campaign finance reports referred to in ss. 11.0204 (2) (a) and (4) (a), 11.0304 (2) (a) and (4) (a), 11.0404 (2) (a), 11.0504 (2) (a) and (4) (a), 11.0604 (2) (a) and (4) (a), 11.0804 (2) (a) and (4) (a), and 11.0904 (2) (a) and (4) (a), Stats., that are due no earlier than 14 days and no later than 8 days before a primary.
(17) “Principal” has the meaning given in s. 13.62 (12), Stats.
(18) “Prior offense” means a previous violation of the same provision within the past 3 years.
(19) “Registrant” means an individual or organization registered with the ethics commission.
(20) “September report” includes the campaign finance reports due in September referred to in ss. 11.0204 (4) (d), (5) (c), and (6) (b), 11.0304 (4) (d) and (5) (c), 11.0404 (2) (d) and (3) (c), 11.0504 (4) (d) and (5) (c), 11.0604 (4) (d) and (5) (c), 11.0704 (4) (b) and (5) (b), 11.0804 (4) (d) and (5) (c), and 11.0904 (4) (d) and (5) (c), Stats.
(21) “Specific express advocacy report” includes the campaign finance reports referred to in ss. 11.0505, 11.0605, and 11.1001, Stats., that are due no later 72 hours after making a disbursement on express advocacy during the period beginning on the day that is 60 days prior to the day of the primary or election and ending on the day of the primary or election.
(22) “Statement of economic interests” means a statement of economic interests that an individual is required to file under s. 19.43, Stats.
(23) “Statement of lobbying activity and expenditures” means the statement referred to in s. 13.68, Stats.
History
- CR 17-035: cr., Register January 2018 No. 745 eff. 2-1-18; correction in (3), (6), (14), (15), (16), (20), made under s. 35.17, Stats., Register January 2018 No. 745; CR 20-019: cr. (1m), (12m) Register June 2021 No. 786, eff. 7-1-21.
Wis. Admin. Code § ETH 26.02 Settlement of campaign finance violations {#sec-eth-26.02 omnilex-key=us-wi-regs-official--agency-eth--ETH 26.02}
(1) Failure to timely file a continuing report or September report.
(a) If the commission receives a continuing or September report within 30 calendar days after the due date for that report, the commission may issue a written warning to the registrant.
(b) If the commission receives a continuing or September report within 31 to 60 calendar days after the due date for that report, the commission may extend a settlement offer to the registrant as follows:
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If the registrant has committed no prior offenses, a settlement offer of $100 may be extended.
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If the registrant has committed a prior offense, a settlement offer of $200 may be extended.
(c) If the commission receives a continuing or September report within 61 to 90 calendar days after the due date for that report, the commission may extend a settlement offer to the registrant as follows:
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If the registrant has committed no prior offenses, a settlement offer of $200 may be extended.
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If the registrant has committed a prior offense, a settlement offer of $300 may be extended.
(d) If the commission receives a continuing or September report within 91 to 120 calendar days after the due date for that report, the commission may extend a settlement offer to the registrant as follows:
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If the registrant has committed no prior offenses, a settlement offer of $300 may be extended.
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If the registrant has committed a prior offense, a settlement offer of $400 may be extended.
(e) If the commission receives a continuing or September report more than 120 calendar days after the due date for that report, the commission may extend a settlement offer of $500.
(2) Failure to timely file a preprimary, preelection, or post-election report.
(a) If the commission receives a preprimary, preelection, or post-election report one calendar day after the due date for that report, the commission may extend a settlement offer of $100.
(b) If the commission receives a preprimary, preelection, or post-election report 2 calendar days after the due date for that report, the commission may extend a settlement offer of $150.
(c) If the commission receives a preprimary, preelection, or post-election report 3 calendar days after the due date for that report, the commission may extend a settlement offer of $200.
(d) If the commission receives a preprimary, preelection, or post-election report 4 calendar days after the due date for that report, the commission may extend a settlement offer of $250.
(e) If the commission receives a preprimary, preelection, or post-election report 5 calendar days after the due date for that report, the commission may extend a settlement offer of $300.
(f) If the commission receives a preprimary, preelection, or post-election report 6 calendar days after the due date for that report, the commission may extend a settlement offer of $350.
(g) If the commission receives a preprimary, preelection, or post-election report 7 calendar days after the due date for that report, the commission may extend a settlement offer of $400.
(h) If the commission receives a preprimary, preelection, or post-election report 8 calendar days after the due date for that report, the commission may extend a settlement offer of $450.
(i) If the commission receives a preprimary, preelection, or post-election report 9 or more calendar days after the due date for that report, the commission may extend a settlement offer of $500.
(3) Failure to timely pay a filing fee.
(a) If the commission receives a filing fee within one to 15 calendar days after the due date, the commission may issue a written warning to the registrant.
(b) If the commission receives a filing fee within 16 to 45 calendar days after the due date, the commission may extend a settlement offer of $300.
(c) If the commission receives a filing fee within 46 to 90 calendar days after the due date, the commission may extend a settlement offer of $500.
(d) If the commission receives a filing fee more than 90 calendar days after the due date, the commission may extend a settlement offer of $800.
(4) Failure to timely file a late contribution report. If a registrant fails to timely file a late contribution report, the commission may extend a settlement offer of 5 percent of the total amount of the late contribution.
(5) Failure to timely file a specific express advocacy report. If a person fails to timely file a specific express advocacy report, the commission may extend a settlement offer of 5 percent of the disbursement not timely reported.
(6) Failure to provide contributor information.
(a) If contributor information is not included on a campaign finance report, but is received within 30 calendar days after notification from the commission, the commission may issue a written warning to the registrant.
(b) If contributor information is not included on a campaign finance report, but is received more than 30 calendar days after notification from the commission, the commission may extend a settlement offer of $100 plus 10 percent of the total amount of contributions with incomplete contributor information.
(7) Failure to provide disbursement information.
(a) If disbursement information is not included on a campaign finance report, but is received within 30 calendar days after notification from the commission, the commission may issue a written warning to the registrant.
(b) If disbursement information is not included on a campaign finance report, but is received more than 30 calendar days after notification from the commission, the commission may extend a settlement offer of $100 plus 10 percent of the total amount of disbursements with incomplete disbursement information.
(8) Cash Balance Discrepancies. If a registrant’s cash balance at the beginning of a reporting period does not match the registrant’s cash balance reported at the end of the prior reporting period; or the reported beginning balance of a report, plus all receipts, minus all expenditures, does not equal the reported ending balance of that report; and the cash balance is corrected:
(a) Within 30 calendar days after notification from the commission, the commission may issue a written warning to the registrant.
(b) More than 30 calendar days after notification from the commission, the commission may extend a settlement offer of $100 plus 10 percent of the cash balance discrepancy.
(9) Exceeding contribution limits. If a registrant receives an excess contribution, the commission may extend a settlement offer in the amount by which the contribution exceeded the applicable limit.
(10) Prohibited corporate, union, association, or tribal contributions.
(a) If a registrant receives a contribution contrary to s. 11.1112, Stats., the commission may extend a settlement offer in the amount of 1.5 times the amount of the contribution, up to a maximum of $500, plus surrendering the amount of the unlawful contribution.
(b) If a person makes a contribution contrary to s. 11.1112, Stats., the commission may extend a settlement offer in the amount of 1.5 times the amount of the contribution.
(11) Prohibited lobbyist contributions.
(a) If a candidate committee receives a contribution in violation of s. 13.625, Stats., the commission may extend a settlement offer requiring the return of the contribution to the lobbyist.
(b) If a lobbyist makes a contribution in violation of s. 13.625, Stats., the commission may extend a settlement offer in the amount of 1.5 times the amount of the contribution, up to a maximum of $1,000.
(12) Aggravating or Mitigating Circumstances. Notwithstanding the settlement offer amounts specified in this section, the commission may consider aggravating or mitigating circumstances in determining the terms of any settlement offer that may be extended.
History
- CR 17-035: cr., Register January 2018 No. 745 eff. 2-1-18; CR 20-019: am. (1) (a), (b) (intro.), (c) (intro.), (d) (intro.), (e), (2) (a) to (i), (3) (a) to (d), (6), (7), (8) (a), (b) Register June 2021 No. 786, eff. 7-1-21.
Wis. Admin. Code § ETH 26.03 Settlement of lobbying violations {#sec-eth-26.03 omnilex-key=us-wi-regs-official--agency-eth--ETH 26.03}
(1) Failure to timely file a statement of lobbying activity and expenditures.
(a) If the commission receives a statement of lobbying activity and expenditures within 2 business days after the due date for that report:
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If the principal has committed no prior offenses, no penalty may be imposed.
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If the principal has committed a prior offense, the commission may issue a written warning to the principal.
(b) If the commission receives a statement of lobbying activity and expenditures within 3 to 5 business days after the due date for that report:
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If the principal has committed no prior offenses, the commission may issue a written warning to the principal.
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If the principal has committed a prior offense, the commission may extend a settlement offer of $50.
(c) If the commission receives a statement of lobbying activity and expenditures within 6 to 15 business days after the due date for that report:
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If the principal has committed no prior offenses, the commission may issue a written warning to the principal.
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If the principal has committed a prior offense, the commission may extend a settlement offer of $100.
(d) If the commission receives a statement of lobbying activity and expenditures within 16 to 29 business days after the due date for that report:
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If the principal has committed no prior offenses, the commission may extend a settlement offer of $50.
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If the principal has committed a prior offense, the commission may extend a settlement offer of $250.
(e) If the commission receives a statement of lobbying activity and expenditures 30 business days or more after the due date for that report:
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If the principal has committed no prior offenses, the commission may extend a settlement offer of $100.
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If the principal has committed a prior offense, the commission may extend a settlement offer of $500.
(2) Failure to timely file a 15 day report.
(a) If the commission does not timely receive a 15 day report and the principal has no prior offenses:
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If the unreported interest is less than 10 percent of the principal’s total effort, the commission may issue a written warning to the principal.
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If the unreported interest is 10 percent or more of the principal’s total effort, the commission may extend a settlement offer of $25 per late reported interest.
(b) If the commission does not timely receive a 15 day report and the principal has one prior offense:
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If the unreported interest is less than 10 percent of the principal’s total effort, the commission may extend a settlement offer of $50 per late reported interest.
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If the unreported interest is 10 percent or more of the principal’s total effort, the commission may extend a settlement offer of $100 per late reported interest.
(c) If the commission does not timely receive a 15 day report and the principal has 2 or more prior offenses, the commission may extend a settlement offer of $100 per late reported interest.
(3a) Unauthorized Lobbying. If a lobbyist makes a lobbying communication on behalf of a lobbying principal prior to authorization as required by s. 13.65, Stats.:
(a) If the lobbyist has committed no prior offenses, the commission may extend a settlement offer of $100 per unauthorized lobbying communication that occurred that reporting period on behalf of the principal, up to an aggregate total maximum of $1,000 per principal per session.
(b) If the lobbyist has committed a prior offense, the commission may extend a settlement offer of $200 per unauthorized lobbying communication that occurred that reporting period on behalf of the principal, up to an aggregate total maximum of $1,000 per principal per session.
(c) If the principal has committed no prior offenses, the commission may extend a settlement offer of $200 per unauthorized lobbying communication that occurred that reporting period on behalf of the principal, up to an aggregate total maximum of $2,000 per lobbyist per session.
(d) If the principal has committed a prior offense, the commission may extend a settlement offer of $400 per unauthorized lobbying communication that occurred that reporting period on behalf of the principal, up to an aggregate total maximum of $2,000 per lobbyist per session.
(4) Failure to timely pay lobbying fees.
(a) Lobbyist license fees.
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If the commission receives a lobbyist license fee within one to 30 calendar days after notification from the commission that fees are outstanding, the commission may issue a written warning to the lobbyist.
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If the commission receives a lobbyist license fee within 31 to 45 calendar days after notification from the commission that fees are outstanding, the commission may extend a settlement offer of $100.
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If the commission receives a lobbyist license fee within 46 to 60 calendar days after notification from the commission that fees are outstanding, the commission may extend a settlement offer of $200.
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If the commission receives a lobbyist license fee more than 60 calendar days after notification from the commission that fees are outstanding, the commission may extend a settlement offer of $300.
(b) Lobbying principal registration fees or lobbying principal authorization fees.
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If the commission receives a lobbying principal registration fee or lobbying principal authorization fee within one to 30 calendar days after notification from the commission that fees are outstanding, the commission may issue a written warning to the principal.
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If the commission receives a lobbying principal registration fee or lobbying principal authorization fee within 31 to 45 calendar days after notification from the commission that fees are outstanding, the commission may extend a settlement offer of $200.
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If the commission receives a lobbying principal registration fee or lobbying principal authorization fee within 46 to 60 calendar days after notification from the commission that fees are outstanding, the commission may extend a settlement offer of $400.
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If the commission receives a lobbying principal registration fee or lobbying principal authorization fee more than 60 calendar days after notification from the commission that fees are outstanding, the commission may extend a settlement offer of $600.
(5) Aggravating or Mitigating Circumstances. Notwithstanding the settlement terms provided in this section, the commission may consider aggravating or mitigating circumstances in determining the terms of any settlement offer that may be extended.
History
- CR 17-035: cr., Register January 2018 No. 745 eff. 2-1-18; CR 20-019: am. (1) (b) (intro.), (c) (intro.), (d) (intro.), (e) (intro.), renum. (3) to (5), cr. (3a), (4) Register June 2021 No. 786, eff. 7-1-21.
Wis. Admin. Code § ETH 26.04 Settlement of ethics violations {#sec-eth-26.04 omnilex-key=us-wi-regs-official--agency-eth--ETH 26.04}
(1) Failure to timely file a statement of economic interests.
(a) If the commission receives a statement of economic interests within 15 calendar days after the due date for the statement of economic interests, the commission may issue a written warning to the individual.
(b) If the commission receives a statement of economic interests 16 or more calendar days after the due date for the statement of economic interests, the commission may extend a settlement offer of $100, plus $100 for every additional 15 calendar days after the 16th calendar day following the due date.
(2) Aggravating or Mitigating Circumstances. Notwithstanding the settlement terms provided in this section, the commission may consider aggravating or mitigating circumstances in determining the terms of any settlement offer that may be extended.
History
- CR 17-035: cr., Register January 2018 No. 745 eff. 2-1-18; CR 20-019: am. (1) Register June 2021 No. 786, eff. 7-1-21.
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