LRB-4193/2
RJM&JTK:kg:pg
2001 - 2002 LEGISLATURE
February 12, 2002 - Introduced by Representatives Pocan, Shilling, Black,
Travis, Boyle, Carpenter, Lassa, J. Lehman, Berceau, Bock, Plouff, Musser,
Miller, Sherman, Kreuser, La Fave, Coggs, Seratti, Meyerhofer, Turner,
Cullen
and Wasserman, cosponsored by Senators Erpenbach, Burke, Moen,
Wirch
and Hansen. Referred to Committee on Campaigns and Elections.
AB811,1,4 1An Act to repeal 11.30 (2); to renumber 11.01 (1); to amend 7.40, 8.30 (2), 11.05
2(2g), 11.30 (3) (b), 11.61 (1) (c) and 13.62 (5g); and to create 11.01 (1g), 11.01
3(17), 11.30 (2m) and 11.59 of the statutes; relating to: disclosures required in
4certain campaign advertisements.
Analysis by the Legislative Reference Bureau
Current law
Current law contains several disclosure requirements with regard to
advertisements and similar communications relating to campaigns for state or local
office. For example, with certain exceptions, current law requires every printed
advertisement, billboard, handbill, sample ballot, television or radio advertisement,
or other communication that is paid for through a campaign contribution,
disbursement (expenditure), or obligation to make a campaign contribution or
disbursement to include a statement disclosing the source of the communication.
Generally, current law requires this statement to include the words "Paid for by,"
followed by the name of the committee, group, or individual who pays for or
reimburses the cost of the communication. If the communication is by a personal
campaign committee, this statement may identify that committee or any of its bona
fide subcommittees. If the communication is a solicitation on behalf of more than one
candidate for a lawful joint fund-raising effort, this statement may indicate that a
joint fund-raising effort is being conducted on behalf of the named candidates rather
than indicate the names of the candidates or personal campaign committees

assuming responsibility for the communication. The statement need not be included
at all if the communication is made by a person that is not primarily organized for
political purposes, unless the communication constitutes an independent
expenditure (generally, an expenditure made without cooperation or consultation
with a candidate or candidate's personal campaign committee and made for the
purpose of expressly advocating the election or defeat of a clearly identified
candidate). If the communication is made by a person who has filed an oath
indicating an intent to make independent expenditures, the communication must
also include the words "Not authorized by any candidate or candidate's agent or
committee."
Current law contains several exceptions to these disclosure requirements. The
requirements do not apply to the preparation and transmittal of personal
correspondence; the production, wearing, or display of a single personal item which
is not reproduced or manufactured for distribution to more than one individual; or
communications printed on small items on which the disclosure information cannot
be conveniently printed. In addition, the requirements do not apply to certain
election-related, nonadvertising material included in an organization's newsletter,
if the newsletter is distributed only to members of the organization.
Current law also prohibits a person from publishing or disseminating a
communication that does not comply with these disclosure requirements. However,
this prohibition does not apply to a communications medium that relies in good faith
on the reasonable representations of a person who places an advertisement with the
medium as to the applicability of these requirements to the person.
Currently, a person who violates these disclosure requirements or the
prohibition on publication or dissemination is subject to a forfeiture (civil penalty)
of up to $500 per violation. In addition, depending upon the amount or value of the
violation, if the violation is intentional, the person is subject to a fine of up to $10,000
or imprisonment for up to four years and six months, or both, or a fine of up to $1,000
or imprisonment of up to six months, or both.
Changes to current law
Generally
This bill repeals these disclosure requirements and the prohibition on
publication or dissemination and creates a new system of disclosure requirements
applicable to elections for state or local office. The disclosure requirements under the
bill apply to any person who purchases or incurs an obligation for an advertisement.
Generally, an "advertisement" under this bill is a communication in a billboard, card,
newspaper, newspaper insert, magazine, mailing with more than 500 pieces,
pamphlet, flier, or periodical or on television or radio, if the communication
constitutes a campaign contribution or disbursement. However, among other things,
the bill does not apply to certain communications that do not expressly advocate the
election or defeat of a clearly identified candidate or the adoption or rejection of a
question at a referendum (commonly referred to as "issue ads"). The bill creates
general disclosure requirements and additional disclosure requirements applicable
to television or radio advertisements. In addition, the bill prohibits any person from

misrepresenting in an advertisement the sponsorship or authorization of the
advertisement.
The general disclosure requirements under the bill prohibit a person from
purchasing or incurring an obligation for an advertisement unless: a) the
advertisement includes the statement "Paid for by .... [name of each purchaser]"; b)
if the advertisement supports or opposes the nomination or election of one or more
clearly identified candidates, the person states in the advertisement its position for
or against the candidate or candidates; c) if the advertisement supports or opposes
a question presented at a referendum, the person states in the advertisement its
position for or against the question; d) if the advertisement is in the print media and
supports or opposes the nomination or election of one or more clearly identified
candidates, the person states whether or not the advertisement is authorized by a
candidate, except that this requirement does not apply if the person purchasing the
advertisement is the candidate whom the advertisement supports or that candidate's
personal campaign committee; and e) if the advertisement is in the print media and
identifies a candidate whom the person is opposing, the person discloses in the
advertisement the name of any candidate whom the advertisement is intended to
benefit, except that this requirement applies only if the person coordinates or
consults with regard to the advertisement, or with regard to the disbursement for the
advertisement, with the candidate who is intended to benefit.
The bill establishes certain requirements with regard to the manner in which
these general disclosure requirements may be satisfied. In a print media
advertisement, the height of all of the disclosure statements must constitute at least
5% of the height of the printed space of the advertisement, except that the type may
not be less than 12 points in size. If a single advertisement consists of multiple pages,
folds, or faces, the disclosure statements apply only to one page, fold, or face of the
advertisement. In a television advertisement, a written disclosure statement must
be made with letters equal to or greater than 4% of the vertical picture height. In
a radio advertisement, the disclosure statements must last at least a total of three
seconds.
Additional disclosure requirements applicable to television and radio
The bill requires a person who purchases or incurs an obligation for a television
or radio advertisement that supports or opposes the nomination or election of one or
more clearly identified candidates to make certain additional disclosures. If the
advertisement is obtained by a candidate or a candidate's personal campaign
committee and mentions the name of, shows the picture of, transmits the voice of, or
otherwise refers to an opposing candidate, the advertisement must include a
statement spoken by the candidate containing at least the following: "I am (or "This
is") .... [name of candidate], candidate for .... [name of office], and I (or "my campaign
committee") sponsored this advertisement." If the advertisement is obtained by a
political party, the advertisement must include a statement spoken by the
chairperson, executive director, or treasurer of the political party containing at least
the following: "The .... [name of political party] sponsored this advertisement
[opposing or supporting] .... [name of candidate] for .... [name of office]." If the
advertisement is obtained by a committee other than a political party or legislative

campaign committee, the advertisement must include a statement spoken by the
chief executive officer or treasurer of the committee containing at least the following:
"The .... [name of committee], a political action committee, sponsored this
advertisement [opposing or supporting] .... [name of candidate] for .... [name of
office]." If the advertisement is obtained by an individual, the advertisement must
include a statement spoken by the individual containing at least the following: "I am
.... [individual's name], and I sponsored this advertisement [opposing or supporting]
.... [name of candidate] for .... [name of office]." If the advertisement is obtained by
any other person, the advertisement must include a statement spoken by the chief
executive or principal decision maker of the person containing at least the following:
"....[Name of person] sponsored this advertisement .... [opposing or supporting] ....
[name of candidate] for .... [name of office]." If an advertisement requiring one of
these additional disclosures is obtained by a person other than a candidate or the
candidate's personal campaign committee, the person must characterize the
advertisement as either supporting or opposing the nomination or election of one or
more clearly identified candidates.
The bill establishes certain requirements with regard to the manner in which
the additional televised disclosure requirements may be satisfied. A full-screen
picture containing the individual making the required statement must be featured
throughout the duration of any statement of a candidate, personal campaign
committee, political party, individual, or committee other than a political party or
legislative campaign committee. The picture may not contain any printed material
other than any visual disclosure statement required by law. In addition, the image
of the individual must occupy at least 50% of the vertical picture height and nothing
may block the view of the individual's face. If the advertisement is more than five
minutes long, the statement must be made at the beginning and at the end of the
advertisement.
Remedies and penalties
This bill provides a candidate, or his or her personal campaign committee, with
a private right of action against any person who purchases or incurs an obligation
for a television or radio advertisement that violates these disclosure requirements,
if the advertisement relates to an election for the office that the candidate seeks. The
bill establishes filing requirements that a candidate or personal campaign
committee must follow in order to bring such an action and requires the action to be
brought no later than the 90th day after the election. The bill permits a successful
plaintiff to receive damages equal to the total dollar amount of the television and
radio advertising time that was aired in violation of these disclosure requirements,
except that the damages must be increased to three times that amount in certain
circumstances. Under the bill, a candidate and his or her personal campaign
committee are jointly and individually liable for the payment of damages and any
attorney fees awarded in such an action. However, if a candidate is held personally
liable for the payment of damages, attorney fees, or both, the candidate may not use
or be reimbursed with funds from his or her personal campaign committee in paying
the damages or attorney fees.

This bill also applies the civil and criminal penalties that apply to violations of
the current disclosure requirements to violations of the disclosure requirements
established under the bill, except that under the bill the criminal penalties do not
apply to violations of the additional disclosure requirements for television and radio
advertisements.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB811, s. 1 1Section 1. 7.40 of the statutes is amended to read:
AB811,5,5 27.40 Sample ballots. Any individual, committee or candidate, at their own
3expense, subject to limitations upon contributions and disbursements under ch. 11,
4may print a supply of sample ballots, provided they bear on their face the information
5required by s. 11.30 (2) and
they contain all of the names shown on the official ballot.
AB811, s. 2 6Section 2. 8.30 (2) of the statutes is amended to read:
AB811,5,147 8.30 (2) If no registration statement has been filed by or on behalf of a candidate
8for state or local office in accordance with s. 11.05 (2g) or (2r) by the applicable
9deadline for filing nomination papers by such candidate, or the deadline for filing a
10declaration of candidacy for an office for which nomination papers are not filed, the
11name of the candidate may not appear on the ballot. This subsection may not be
12construed to exempt a candidate from applicable penalties if he or she files a
13registration statement later than the time prescribed in ss. 11.01 (1) (1r) and 11.05
14(2g).
AB811, s. 3 15Section 3. 11.01 (1) of the statutes is renumbered 11.01 (1r).
AB811, s. 4 16Section 4. 11.01 (1g) of the statutes is created to read:
AB811,5,1817 11.01 (1g) "Advertisement" means a communication in the print media or on
18television or radio that constitutes a contribution or disbursement.
AB811, s. 5 19Section 5. 11.01 (17) of the statutes is created to read:
AB811,6,3
111.01 (17) "Print media" means billboards, cards, newspapers, newspaper
2inserts, magazines, mailings with more than 500 pieces, pamphlets, fliers, or
3periodicals.
AB811, s. 6 4Section 6. 11.05 (2g) of the statutes is amended to read:
AB811,6,135 11.05 (2g) Candidates and personal campaign committees. Every candidate,
6as defined in s. 11.01 (1) (1r), shall file a registration statement with the appropriate
7filing officer giving the information required by sub. (3). If a candidate appoints
8another person as campaign treasurer the candidate's registration statement shall
9be cosigned by the candidate and the candidate's appointed treasurer. A candidate
10who receives no contributions and makes no disbursements shall file such statement
11as provided in s. 11.10 (1) but need not appoint a campaign treasurer or designate
12a campaign depository account until the first contribution is received or
13disbursement made.
AB811, s. 7 14Section 7. 11.30 (2) of the statutes is repealed.
AB811, s. 8 15Section 8. 11.30 (2m) of the statutes is created to read:
AB811,6,1716 11.30 (2m) (a) Except as provided in par. (f), no person may purchase or incur
17an obligation for an advertisement unless all of the following conditions are satisfied:
AB811,6,1918 1. The advertisement includes the statement "Paid for by .... [name of each
19purchaser, as indicated on the purchaser's registration statement under s. 11.05]."
AB811,6,2220 2. If the advertisement supports or opposes the nomination or election of one
21or more clearly identified candidates, the person states in the advertisement its
22position for or against the candidate or candidates.
AB811,6,2523 3. If the advertisement supports or opposes a question proposed at a
24referendum, the person states in the advertisement its position for or against the
25question.
AB811,7,8
14. If the advertisement is in the print media and supports or opposes the
2nomination or election of one or more clearly identified candidates, the person states
3whether or not the advertisement is authorized by a candidate. The statement in the
4advertisement shall indicate as follows: "Authorized by .... [name of candidate],
5candidate for .... [name or office]" or "Not authorized by a candidate," as applicable.
6This subdivision does not apply if the person purchasing the advertisement is the
7candidate whom the advertisement supports or that candidate's personal campaign
8committee.
AB811,7,149 5. If the advertisement is in the print media and identifies a candidate whom
10the person is opposing, the person discloses in the advertisement the name of any
11candidate whom the advertisement is intended to benefit. This subdivision applies
12only if the person coordinates or consults with regard to the advertisement, or with
13regard to the disbursement for the advertisement, with the candidate who is
14intended to benefit.
AB811,7,2015 (b) 1. In a print media advertisement, the height of all disclosure statements
16required under par. (a) shall constitute at least 5% of the height of the printed space
17of the advertisement, except that the type may not be less than 12 points in size. If
18a single advertisement consists of multiple pages, folds, or faces, the disclosure
19statements required under par. (a) apply only to one page, fold, or face of the
20advertisement.
AB811,7,2321 2. In a television advertisement, a written disclosure statement used to comply
22with par. (a) shall be made with letters equal to or greater than 4% of the vertical
23picture height.
AB811,7,2524 3. In a radio advertisement, all disclosure statements, combined, that are
25required under par. (a) shall last at least 3 seconds.
AB811,8,2
1(c) No person may misrepresent in an advertisement the sponsorship or
2authorization of the advertisement.
AB811,8,63 (d) In addition to the disclosure statements required under par. (a) and except
4as provided in par. (f), a person purchasing or incurring an obligation for an
5advertisement on television or radio that supports or opposes the nomination or
6election of one or more clearly identified candidates shall satisfy all of the following:
AB811,8,147 1. If the advertisement is purchased by a candidate or a candidate's personal
8campaign committee, the advertisement shall include a statement spoken by the
9candidate containing at least the following: "I am (or "This is") .... [name of
10candidate], candidate for .... [name of office], and I (or "my campaign committee")
11sponsored this advertisement." This subdivision applies only to an advertisement
12that mentions the name of, shows the picture of, transmits the voice of, or otherwise
13refers to a candidate for the same office as that sought by the purchasing candidate
14or by the candidate supported by the purchasing personal campaign committee.
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