Wis. Admin. Code Ethics Commission § ETH 26.02 - Settlement of campaign finance violations
(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:
1. If the
registrant has committed no prior offenses, a settlement offer of $100 may be
extended.
2. 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:
1. If the
registrant has committed no prior offenses, a settlement offer of $200 may be
extended.
2. 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:
1. If the
registrant has committed no prior offenses, a settlement offer of $300 may be
extended.
2. 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.
Notes
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