Wis. Admin. Code Ethics Commission ETH 1.20 - Treatment and reporting of in-kind contributions
(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.
Notes
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