LRB-2118/3
JTK:cjs:rs
2007 - 2008 LEGISLATURE
April 23, 2007 - Introduced by Representatives Mason, Hintz, Hilgenberg,
Garthwaite, Hraychuck, Jorgensen, Soletski, Smith and Hixson. Referred to
Committee on Elections and Constitutional Law.
AB272,1,3
1An Act to amend 11.06 (2); and
to create 11.01 (12v), 11.01 (12w), 11.01 (13),
211.01 (14), 11.01 (16) (a) 3. and 11.05 (3) (s) of the statutes;
relating to: the
3scope of regulated activity under the campaign finance law.
Analysis by the Legislative Reference Bureau
Currently, individuals who accept contributions, organizations that make or
accept contributions, and individuals who or organizations that incur obligations or
make disbursements for the purpose of influencing an election for state or local office
are generally required to register with the appropriate filing officer and to file
financial reports with that officer, regardless of whether they act in conjunction with
or independently of any candidate who is supported or opposed.
With certain exceptions, this bill imposes registration and reporting
requirements, in addition, upon any individual who and organization that, within
60 days of an election and by means of one or more communications media, a mass
distribution, a mass electronic communication, or a mass telephoning, makes any
mass communication which includes a reference to a candidate for state office at that
election, a state office to be filled at that election, or a political party. The bill also
requires an individual or organization who or which becomes subject to a registration
requirement by making such a communication to report, upon registration, the
information that would have been required to be reported if the individual or
organization had been registered with respect to any obligation incurred or
disbursement made for the purpose of making such a communication prior to
registration. The bill, however, does not require registration and reporting if the
communication is made by a corporation, cooperative, or nonpolitical voluntary
association and is limited to the corporation's, cooperative's, or association's
members, shareholders, or subscribers.
The change in the scope of reportable activity under the bill also applies to
contribution and disbursement (spending) limitations and restrictions by causing
reportable "contributions," "obligations," and "disbursements" to include the cost of
all reportable communications.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB272, s. 1
1Section
1. 11.01 (12v) of the statutes is created to read:
AB272,2,62
11.01
(12v) "Mass communication" means a message that is disseminated by
3means of one or more communications media, a mass electronic communication, a
4mass distribution, or a mass telephoning, but not including a bona fide poll
5conducted for the purpose of objectively identifying or collecting data concerning the
6attitudes or preferences of electors.
AB272, s. 2
7Section
2. 11.01 (12w) of the statutes is created to read:
AB272,2,98
11.01
(12w) "Mass distribution" means the distribution of 50 or more pieces of
9substantially identical material.
AB272, s. 3
10Section
3. 11.01 (13) of the statutes is created to read:
AB272,2,1311
11.01
(13) "Mass electronic communication" means the transmission of 50 or
12more pieces of substantially identical material by means of electronic mail or
13facsimile transmission.
AB272, s. 4
14Section
4. 11.01 (14) of the statutes is created to read:
AB272,2,1615
11.01
(14) "Mass telephoning" means the making of 50 or more telephone calls
16conveying a substantially identical message.
AB272, s. 5
17Section
5. 11.01 (16) (a) 3. of the statutes is created to read:
AB272,3,6
111.01
(16) (a) 3. A mass communication, other than a communication that is
2exempt from reporting under s. 11.29, that is made during the period beginning on
3the 60th day preceding an election and ending on the date of that election, and that
4includes a reference to a candidate for state office whose name is certified under s.
57.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that election, a reference to a state
6office to be filled at that election, or a reference to a political party.
AB272, s. 6
7Section
6. 11.05 (3) (s) of the statutes is created to read:
AB272,3,128
11.05
(3) (s) In the case of a registrant that has made a mass communication
9identified in s. 11.01 (16) (a) 3., a report containing the information specified in s.
1011.06 (1) with respect to any obligation to make a disbursement incurred or any
11disbursement made for the purpose of making such a communication prior to
12registration.
AB272, s. 7
13Section
7. 11.06 (2) of the statutes is amended to read:
AB272,3,2414
11.06
(2) Disclosure of certain indirect disbursements. Notwithstanding
15sub. (1), if a disbursement is made or obligation incurred by an individual other than
16a candidate or by a committee or group which is not primarily organized for political
17purposes,
and the disbursement does not constitute a contribution to any candidate
18or other individual, committee
, or group,
and the disbursement is not made or the
19obligation is not incurred for the purpose of making a mass communication specified
20in s. 11.01 (16) (a) 3., the disbursement or obligation is required to be reported only
21if the purpose is to expressly advocate the election or defeat of a clearly identified
22candidate or the adoption or rejection of a referendum. The exemption provided by
23this subsection shall in no case be construed to apply to a political party, legislative
24campaign, personal campaign or support committee.
AB272,4,3
1(1) The treatment of section 11.01 (12v), (12w), (13), (14), and (16) (a) 3. of the
2statutes first applies with respect to reporting periods which begin on or after the
3effective date of this subsection.
