Wis. Admin. Code Ethics Commission ETH 6.04 - Filing documents by facsimile (FAX) process
(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.
Notes
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