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1978

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Opinion El.Bd. 78-1

Subcommittees of political committees: Local unions may terminate separate registrations and become subcommittees of political action committee operated by regional affiliate, so long as subcommittees do not engage in financial activity independent of the parent committee and a single depository and treasurer are used.  Such subcommittees may act as fund-raising agents for the regional committee, provided they exercise no discretion in transfer of funds to the committee and meet the statutory time deadlines for reporting and transmittal of collected funds to the committee treasurer.  Sec.11.10, 11.26(2)(c), Stats.  (Issued to Lee Cullen, March 16, 1978)

 

Opinion El.Bd. 78-2

Multiple Candidate Committees.  The personal campaign committee of a candidate seeking more than one office may ensure compliance with contribution limits by either a) separate bookkeeping and reporting or b) adherence to the lowest applicable contribution limit.  Such committee may no claim the $250 reporting exemption if its total activity, attributable to all offices sought, is over $250.  El.Bd. 1.02 Wis. Adm. Code, Sec 11.05(2r), Stats.  (Issued to Mary Alice Sullivan, March 16, 1978)

 

Opinion El.Bd. 78-3

Disbursement Limits for Public Financing Applicants:  Application of disbursement limits on public financing applicants to pre-campaign and post-campaign disbursements clairified.  Sec. 11.31(7), Stats.  (Issued to David M. Travis, May 18, 1978)

 

Opinion El.Bd. 78-4

Limits on Contributions to Political Party Committees and Retirement of Debts: El.Bd. 1.04, Wis. Adm. Code does not apply to political party committees; a political party committee may not accept a contribution in excess of the limits in sec.11.26(8), Stats., in any calendar year, even if part of such contribution is used for retirement of debts outstanding from a previous calendar year.  Sec. 11.26(8), Stats.  (Issued to David M. Travis, May 18, 1978)

 

Opinion El.Bd. 78-5

Effect of Exceeding Personal Contribution Limit on Eligibility for Public Financing: A candidate who has exceeded the limit on contributions to his own campaign after October 21, 1978 is ineligible to receive a public financing grant, even if the candidate’s committee reimburses him for the excess amount.  Secs.1.50(2)(b), 11.26(10), Stats.  (Issued to David M. Travis, May 18, 1978)

 

Opinion El.Bd. 78-6

Prohibition on use of filed campaign finance reports and statements.  The ban on use of filed reports and statements for solicitation of contributions does not prohibit a candidate from using information gained from reports or statements in inform persons of his or her candidacy and inviting questions on political issues.  (Issued to James Mueller, June 11, 1978)

 

Opinion El.Bd. 78-7

Scope of prohibition on electioneering at or near polling place on election day.  Campaign signs placed within 500 feet of the entrance to a polling place on election day are unlawful, even if located on private property.  Violating signs may be removed from public property and from open area on private property, but not from private dwellings or other privately owned buildings.  The mere presence of a candidate at or within 500 feet of the polling place is not prohibited, provided that the candidate does not engage in electioneering.  Car-top carriers and campaign buttons bearing campaign messages at or within 500 feet of the polling place are prohibited. One who engages in electioneering should not be thereby disenfranchised.  Sec.12.03, Stats.  (Issued to Richard J. Steffens, June 22, 1978)

 

Opinion El.Bd. 78-8

Voluntary committees; public financing:  Establishment and operation of voluntary committees; guidelines for distinguishing between contributions and independent expenditures of voluntary committees acting on his or her behalf; permissibility of such contributions to non-voluntary committees acting in support of the candidate; use of public grant.  Secs.11.12(1), 11.16(1), 11.10, 11.06(7), 11.31, 11.26, Stats.  Section El.Bd. 1.42, Wis. Adm. Code.  (Issued to Cloyd Porter, June 22, 1978)

 

Opinion El.Bd. 78-9

Application for and uses of public finance grants:  A candidate’s own contributions count towards the threshold of individual seed money required for public financing eligibility.  Grants may not be used to purchase services directly from a person or business who or which does not meet the statutory definitions of “printer” or “communications medium.”  Withdrawal of an application for a grant prior to the acceptance of a grant is permissible.  Disbursements of a public financing applicant must be allocated between the primary and election according to the ultimate purpose of the disbursement.  Secs.11.50, 11.01(4), and (17), Stats.  (Issued to Edward Jackamonis, June 22, 1978)

 

Opinion El.Bd. 78-10

Limit on corporate solicitations for separate segregated fund: The $500 annual limit on a corporation’s solicitation expenditures for its separate segregated fund may be applied to any period of 12 consecutive months, including the corporation’s fiscal year.  Sec. 11.38(1)(a)2., Stats.  (Issued to Floyd S. Keene, July 20, 1978)

 

Opinion El.Bd. 78-11

Establishment of separate segregated fund by affiliated corporations:  Where two corporations are independently incorporated but affiliated for certain purposes, they may each establish a separate segregated fund if 1) neither corporation provides money or other assets for the operation of the other’s fund, and 2) neither corporation exercises a significant degree of control over the management of the other’s fund.  Sec. 11.38(1)(a)2., Stats.  (Issued to W. Pharis Horton, July 20, 1978)

 

Opinion El.Bd. 78-12

Prohibition on mass mailings after filing of nomination papers:  Secretary of State’s office may use state funds for regular mass mailing necessary to carry out duties of office after filing nomination papers and before election, provided that the mailings are not directed toward political purposes.  Sec. 11.33, Stats.  (Issued to Terrence S. Waitrovich, July 20, 1978)

 

Opinion El.Bd. 78-13

Corporate subsidies of candidate appearances: A corporation’s provision of facilities, materials, services, and beverage in connection with a candidate’s political appearance before members of the corporation’s separate segregated fund and “other interested persons” is an impermissible corporate contribution or disbursement, rather than a permissible cost of administering the fund.  A corporation may characterize its expenses in subsidizing such candidate appearances as permissible costs of administering the fund if the audience for the appearances is limited to those directly involved in determining how the fund is used.  Secs. 11.38, 11.01(5), 11.01(6).  (Issued to QuinnW. Martin, August 17, 1978)

 

Opinion El.Bd. 78-14

Dual nomination:  When a candidate wins a partisan primary for an office for which he has filed nomination papers and a declaration of acceptance, and also wins, at the same primary, the party’s nomination for another office by write-in votes, the candidate may not choose between the nominations, but must appear for that office for which nomination papers and a declaration of acceptance were filed.  Sec. 8.03(1), 8.35(4)(b), Stats.  (Issued to Fred W. Shaffer, August 17, 1978)

 

Opinion El.Bd. 78-15

Application of contribution limits to affiliated committees:  Where affiliated committees are prohibited by the terms of their affiliation with a parent organization from supporting statewide or state legislative office candidates other than those chosen through an endorsement procedure controlled by the parent, the contributions of the affiliated organizations to statewide or state legislative candidates must be charged to the contribution limits of the parent.  Sec. 11.26, Stats.  (Issued to Robert Friebert, August 17, 1978)

 

Opinion El.Bd. 78-16

Form of name on ballot.  A candidate other than a married person using a formal legal surname as a middle name is precluded from appearing on the ballot with full first and middle names.  Sec 7.08(2)(a), 8.10(3), 8.20(2)(a), and 8.15(5), Stats.  (Issued to Ralph Adam Fine, October 18, 1978)

 

Opinion El.Bd. 78-17

Procedure for arrangement of names on ballots discussed.  Sec. 5.60, 5.62, 5.64, 8.05, Stats.  (Issued to Gail Procarione, December 14, 1978)


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Last Modified:  6/15/2006 3:10:58 PM
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