Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB386, s. 1 1Section 1. 7.40 of the statutes is amended to read:
AB386,5,5 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.
AB386, s. 2 6Section 2. 8.30 (2) of the statutes is amended to read:
AB386,5,147 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).
AB386, s. 3
1Section 3. 8.30 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is
2repealed and recreated to read:
AB386,6,93 8.30 (2) If no registration statement has been filed by or on behalf of a candidate
4for state or local office in accordance with s. 11.05 (2g) by the applicable deadline for
5filing nomination papers by the candidate, or the deadline for filing a declaration of
6candidacy for an office for which nomination papers are not filed, the name of the
7candidate may not appear on the ballot. This subsection may not be construed to
8exempt a candidate from applicable penalties if he or she files a registration
9statement later than the time prescribed in ss. 11.01 (1r) and 11.05 (2g).
AB386, s. 4 10Section 4. 11.01 (1) of the statutes is renumbered 11.01 (1r).
AB386, s. 5 11Section 5. 11.01 (1g) of the statutes is created to read:
AB386,6,1312 11.01 (1g) "Advertisement" means a communication in the print media or on
13television or radio that constitutes a contribution or disbursement.
AB386, s. 6 14Section 6. 11.01 (17) of the statutes is created to read:
AB386,6,1715 11.01 (17) "Print media" means billboards, cards, newspapers, newspaper
16inserts, magazines, mailings of more than 500 pieces of substantially identical
17material, pamphlets, fliers, or periodicals.
AB386, s. 7 18Section 7. 11.05 (2g) of the statutes is amended to read:
AB386,7,219 11.05 (2g) Candidates and personal campaign committees. Every candidate,
20as defined in s. 11.01 (1) (1r), shall file a registration statement with the appropriate
21filing officer giving the information required by sub. (3). If a candidate appoints
22another person as campaign treasurer the candidate's registration statement shall
23be cosigned by the candidate and the candidate's appointed treasurer. A candidate
24who receives no contributions and makes no disbursements shall file such statement
25as provided in s. 11.10 (1) but need not appoint a campaign treasurer or designate

1a campaign depository account until the first contribution is received or
2disbursement made.
AB386, s. 8 3Section 8. 11.30 (2) of the statutes is repealed.
AB386, s. 9 4Section 9. 11.30 (2m) of the statutes is created to read:
AB386,7,65 11.30 (2m) (a) Except as provided in par. (f), no person may purchase or incur
6an obligation for an advertisement unless all of the following conditions are satisfied:
AB386,7,87 1. The advertisement includes the statement "Paid for by .... [name of each
8purchaser, as indicated on the purchaser's registration statement under s. 11.05]."
AB386,7,119 2. If the advertisement supports or opposes the nomination or election of one
10or more clearly identified candidates, the person states in the advertisement the
11person's position for or against the candidate or candidates.
AB386,7,1412 3. If the advertisement supports or opposes a question proposed at a
13referendum, the person states in the advertisement the person's position for or
14against the question.
AB386,7,2215 4. If the advertisement is in the print media and supports or opposes the
16nomination or election of one or more clearly identified candidates, the person states
17whether or not the advertisement is authorized by a candidate. The statement in the
18advertisement shall include the words: "Authorized by .... [name of candidate],
19candidate for .... [name or office]" or "Not authorized by a candidate," as applicable.
20This subdivision does not apply if the person purchasing the advertisement is the
21candidate whom the advertisement supports or that candidate's personal campaign
22committee.
AB386,8,323 5. If the advertisement is in the print media and identifies a candidate whom
24the person is opposing, the person discloses in the advertisement the name of any
25candidate whom the advertisement is intended to benefit. This subdivision applies

1only if the person coordinates or consults with regard to the advertisement, or with
2regard to the disbursement for the advertisement, with the candidate who is
3intended to benefit therefrom.
AB386,8,94 (b) 1. In a print media advertisement, the height of all disclosure statements
5required under par. (a) shall constitute at least 5% of the height of the printed space
6of the advertisement, except that the type may not be less than 12 points in size. If
7a single advertisement consists of multiple pages, folds, or faces, the disclosure
8statements required under par. (a) apply only to one page, fold, or face of the
9advertisement.
AB386,8,1210 2. In a television advertisement, a written disclosure statement used to comply
11with par. (a) shall be made with letters equal to or greater than 4% of the vertical
12picture height.
AB386,8,1413 3. In a radio advertisement, all disclosure statements, combined, that are
14required under par. (a) shall last at least 3 seconds.
AB386,8,1615 (c) No person may misrepresent in an advertisement the sponsorship or
16authorization of the advertisement.
AB386,8,2017 (d) In addition to the disclosure statements required under par. (a) and except
18as provided in par. (f), a person purchasing or incurring an obligation for an
19advertisement on television or radio that supports or opposes the nomination or
20election of one or more clearly identified candidates shall satisfy all of the following:
AB386,9,321 1. If the advertisement is purchased by a candidate or a candidate's personal
22campaign committee, the advertisement shall include a statement spoken by the
23candidate containing at least the following: "I am (or "This is") .... [name of
24candidate], candidate for .... [name of office], and I (or "my campaign committee")
25sponsored this advertisement." This subdivision applies only to an advertisement

1that mentions the name of, shows the picture of, transmits the voice of, or otherwise
2refers to a candidate for the same office as that sought by the purchasing candidate
3or by the candidate supported by the purchasing personal campaign committee.
AB386,9,104 2. If the advertisement is purchased by a political party, the advertisement
5shall include a statement spoken by the chairperson, executive director, or treasurer
6of the political party containing at least the following: "The .... [name of political
7party] sponsored this advertisement [opposing or supporting] .... [name of candidate]
8for .... [name of office]." The name of the political party disclosed under this
9subdivision shall be the same as the name used by the political party on the ballot
10at the election.
AB386,9,1811 3. If the advertisement is purchased by a committee other than a political party
12or legislative campaign committee, the advertisement shall include a statement
13spoken by the chief executive officer or treasurer of the committee containing at least
14the following: "The .... [name of committee], a political action committee, sponsored
15this advertisement [opposing or supporting] .... [name of candidate] for .... [name of
16office]." The name of the committee disclosed under this subdivision shall be the
17same as the name indicated on the committee's registration statement under s.
1811.05.
AB386,9,2319 4. Except as provided under subd. 1., if the advertisement is purchased by an
20individual, the advertisement shall include a statement spoken by the individual
21containing at least the following: "I am .... [individual's name], and I sponsored this
22advertisement [opposing or supporting] .... [name of candidate] for .... [name of
23office]."
AB386,9,2524 5. If the advertisement is purchased by a person other than a candidate, a
25candidate's personal campaign committee, a political party, a committee other than

1a political party or legislative campaign committee, or an individual, the
2advertisement shall include a statement spoken by the chief executive or principal
3decision maker of the purchaser containing at least the following: "....[Name of
4person] sponsored this advertisement .... [opposing or supporting] .... [name of
5candidate] for .... [name of office]."
AB386,10,126 6. If the advertisement is televised, a full-screen picture containing an image
7of the individual making the statement required under subds. 1. to 5., in
8photographic form or through the actual appearance of the individual on camera,
9shall be featured throughout the duration of the statement. The picture may not
10contain any printed material other than any visual disclosure statement required by
11law. The image of the individual shall occupy at least 50% of the vertical picture
12height and nothing may block the view of the individual's face.
AB386,10,1513 7. If the advertisement is televised and is more than 5 minutes long, any
14statement required under subds. 1. to 5. shall be made at the beginning and at the
15end of the advertisement.
AB386,10,1816 8. If a statement is required under subds. 2. to 5., the person shall characterize
17the advertisement as either supporting or opposing the nomination or election of one
18or more clearly identified candidates.
AB386,11,419 (e) If an advertisement that is subject to par. (d) is jointly purchased or if an
20obligation for such an advertisement is jointly incurred, the statement required
21under par. (d) shall name all of the purchasers but need be made by only one
22individual. If a candidate or a candidate's personal campaign committee is one of the
23purchasers or persons who incurs the obligation, that candidate shall be the
24individual making the statement. If multiple candidates are the purchasers or
25persons who incur the obligation, if a candidate and a personal campaign committee

1of another candidate are the purchasers or persons who incur the obligation, or if the
2personal campaign committees of multiple candidates are the purchasers or persons
3who incur the obligation, at least one of the candidates shall be the individual
4making the statement.
AB386,11,55 (f) Paragraphs (a) and (d) do not apply to any of the following:
AB386,11,86 1. An individual who makes disbursements with regard to a particular election
7that total less than $1,000 and that do not constitute a contribution to any candidate
8or other individual.
AB386,11,109 2. An individual who purchases or incurs an obligation for an advertisement
10with regard to a referendum.
AB386,11,1211 3. A person who is exempt from reporting the purchase of or obligation incurred
12for an advertisement under s. 11.06 (2).
AB386, s. 10 13Section 10. 11.30 (3) (b) of the statutes is amended to read:
AB386,11,1914 11.30 (3) (b) Any person named in par. (a) is guilty of a violation of this chapter
15unless, before using the communications medium for political purposes other than
16as provided for in sub. (2) (2m), there is filed with the board a verified declaration
17specifically stating the communications medium in which the person has financial
18interest or over which the person has control and the exact nature and extent of the
19interest or control.
AB386, s. 11 20Section 11. 11.59 of the statutes is created to read:
AB386,12,15 2111.59 Liability for unlawful advertisements. (1) A candidate who
22complies with all applicable requirements under s. 11.30 (2m) throughout the
23candidate's campaign, or the personal campaign committee of such a candidate, may
24bring an action for damages against any person who violates s. 11.30 (2m) with
25regard to a television or radio advertisement relating to an election for the office that

1the candidate seeks. As a condition of bringing an action under this section, a
2candidate for state office, or the personal campaign committee of such a candidate,
3shall complete and file with the board a notice of complaint, on a form prescribed by
4the board, regarding a violation of s. 11.30 (2m). The notice shall be filed after the
5airing of the advertisement, but no later than the Friday after the date of the election.
6Any other candidate, or the personal campaign committee of such other candidate,
7as a condition of bringing an action under this section, shall file the notice of
8complaint during the same time period with the county clerk or, if applicable, the
9county board of election commissioners, of any county with territory in the
10jurisdiction or district that the candidate seeks to represent and shall publish a short
11form notice of complaint, in the form prescribed by the board, in a newspaper having
12general circulation in the jurisdiction or district that the candidate seeks to
13represent. A candidate or personal campaign committee shall bring an action in
14circuit court for the county where the notice of complaint is filed no later than the
1590th day following the date of the election.
AB386,13,2 16(2) The court shall award a successful plaintiff in an action under this section
17damages equal to the total dollar amount of the television and radio advertising time
18that was aired in violation of s. 11.30 (2m). The court shall award treble damages
19if the plaintiff notified or reasonably attempted to notify the defendant, by 1st class
20mail with return receipt requested, that a particular advertisement or that
21particular advertisements failed to comply with s. 11.30 (2m) and if, after the notice
22or attempted notice, the advertisement continued to be aired. The court shall
23calculate the treble damages beginning on the date on which the notice was accepted
24or rejected by the defendant. Within 5 days after the return receipt for any notice
25mailed under this subsection is provided to the plaintiff, the plaintiff shall send a

1copy of the notice to the board or to the county clerk or county board of election
2commissioners of the county where the plaintiff's notice of complaint was filed.
AB386,13,8 3(3) A candidate and his or her personal campaign committee are jointly and
4severally liable for the payment of damages and any attorney fees awarded in an
5action under this section. If a candidate is held personally liable for the payment of
6damages or attorney fees or both, the candidate may not use or be reimbursed with
7funds from his or her campaign depository account in paying the damages or attorney
8fees.
AB386, s. 12 9Section 12. 11.61 (1) (c) of the statutes is amended to read:
AB386,13,1410 11.61 (1) (c) Whoever intentionally violates any provision of this chapter other
11than those provided specified in par. (a) and s. 11.30 (2m) (d) and whoever
12intentionally violates any provision under par. (b) where the intentional violation
13concerns a specific figure which does not exceed $100 in amount or value may be fined
14not more than $1,000 or imprisoned for not more than 6 months or both.
AB386, s. 13 15Section 13. 13.62 (5g) of the statutes is amended to read:
AB386,13,1616 13.62 (5g) "Candidate" has the meaning given under s. 11.01 (1) (1r).
AB386, s. 14 17Section 14. 19.42 (3m) of the statutes, as created by 2003 Wisconsin Act 109,
18is repealed and recreated to read:
AB386,13,2019 19.42 (3m) "Candidate," except as otherwise provided, has the meaning given
20in s. 11.01 (1r).
AB386, s. 15 21Section 15. 2001 Wisconsin Act 109, section 9115 (2y) (b) is amended to read:
AB386,15,622[2001 Wisconsin Act 109] Section 9115 (2y) (b) Notwithstanding section
23990.001 (11) of the statutes, if a court finds that any part of the repeal of sections
2411.01 (12s), 11.05 (3) (o), 11.265, 11.50 (3), and 11.50 (10) of the statutes, the
25renumbering of sections 11.05 (2r) (title), 11.24 (2), and 11.50 (1) (a) 1. of the statutes,

1the renumbering and amendment of sections 11.05 (1), 11.05 (2), 11.05 (2r), 11.12 (6),
211.26 (9) (a), 11.31 (2m), 11.50 (1) (a) 2., 11.50 (5), 11.50 (9), 19.49 (5), 19.59 (7), and
371.10 (3) (a) of the statutes, the amendment of sections 5.02 (13), 5.05 (2), 7.08 (2) (c),
47.08 (2) (cm), 8.30 (2), 8.35 (4) (a) 1. a. and b., 8.35 (4) (c) and (d), 11.05 (3) (c), 11.05
5(5), 11.05 (9) (b), 11.05 (12) (b), 11.05 (13), 11.06 (1) (intro.), 11.06 (1) (e), 11.06 (2),
611.06 (3) (b) (intro.), 11.06 (4) (b), 11.06 (5), 11.06 (7m) (a), 11.06 (7m) (b), 11.06 (7m)
7(c), 11.07 (1), 11.07 (5), 11.09 (3), 11.10 (1), 11.12 (2), 11.12 (4), 11.12 (5), 11.14 (3),
811.16 (2), 11.16 (5), 11.19 (title), 11.19 (1), 11.20 (1), 11.20 (2), 11.20 (3) (a) and (b),
911.20 (7), 11.20 (8) (intro.), 11.20 (8) (a), 11.20 (9), 11.20 (10) (a), 11.20 (12), 11.21 (2),
1011.21 (15), 11.21 (16), 11.22 (3), 11.23 (1), 11.23 (2), 11.26 (1) (intro.), 11.26 (2) (intro.),
1111.26 (2) (a), 11.26 (3), 11.26 (4), 11.26 (5), 11.26 (6), 11.26 (8), 11.26 (9) (b), 11.26 (10),
1211.26 (15), 11.26 (17) (a), 11.31 (1) (intro.), 11.31 (1) (a) to (d), 11.31 (1) (e) and (f), 11.31
13(2), 11.31 (2m) (title), 11.31 (3), 11.38 (1) (a) 2., 11.38 (6), 11.38 (8) (b), 11.50 (2) (a),
1411.50 (2) (b) 3. and 4., 11.50 (2) (b) 5., 11.50 (2) (c), 11.50 (2) (f), 11.50 (2) (g), 11.50 (2)
15(h), 11.50 (2) (i), 11.50 (6), 11.50 (7) (intro.), 11.50 (8), 11.50 (10m), 11.50 (11) (e), 11.60
16(4), 11.61 (1) (a) (by Section 2d), 19.53 (6), 19.59 (8) (c), 20.510 (1) (q), 25.42, 71.08
17(1) (intro.), and 71.10 (3) (b) of the statutes, the repeal and recreation of sections 11.05
18(9) (title) and 11.50 (4) of the statutes, the creation of sections 11.001 (2m), 11.01 (4m),
1911.01 (12w), (13) and (14), 11.01 (16) (a) 3., 11.05 (1) (b), 11.05 (2) (b), 11.05 (3) (m),
2011.05 (3) (r), 11.06 (1) (cm) and (dm), 11.06 (2m) (b) to (d), 11.06 (11) (bm), 11.12 (6)
21(am), 11.12 (6) (c) and (d), 11.12 (8) and (9), 11.20 (2s), 11.20 (2t), 11.20 (8) (am), 11.24
22(1w), 11.24 (4), 11.26 (1m), 11.26 (1t), 11.26 (2) (ae), (am), (as) and (av), 11.26 (2m),
2311.26 (2t), 11.26 (8n), 11.26 (8r), 11.26 (9) (a) 1. to 4., 11.26 (9) (am), 11.26 (9m), 11.26
24(10a), 11.31 (1) (de), 11.31 (2m) (a), 11.31 (3p), 11.31 (9), 11.385, 11.50 (1) (a) 1. (intro.),
2511.50 (1) (a) 2m., 11.50 (1) (am), 11.50 (1) (bm) and (cm), 11.50 (2) (b) 6., 11.50 (2) (j),

111.50 (2m), 11.50 (2s), 11.50 (2w), 11.50 (9) (b), 11.50 (14), 11.60 (3r), 19.42 (3m), (4g)
2and (4r), 19.45 (13), 19.49 (1m), 19.49 (5) (b), 19.535, 19.59 (1) (br), 19.59 (7) (b), 19.59
3(8) (cm) and (cn), 71.07 (6s), 71.10 (3) (ac), 71.10 (3) (d), 71.10 (4) (gw), and 806.04
4(11m) of the statutes or Sections 9115 (2v), (2x), and (2y), 9132 (4v), 9215 (3v), 9244
5(6v), 9315 (2v) and (2w), and 9344 (2v) of this act is unconstitutional, the treatment
6of those provisions by this act is void.
AB386, s. 16 7Section 16. Nonstatutory provisions.
AB386,15,128 (1) Notwithstanding section 990.001 (11) of the statutes, if a court finds that
9the repeal and recreation of section 8.30 (2) or 19.42 (3m) of the statutes by this act,
10or any part of the laws specified in 2001 Wisconsin Act 109, section 9115 (2y) (b), as
11affected by this act, is unconstitutional, the repeal and recreation of sections 8.30 (2)
12and 19.42 (3m) of the statutes by this act is void.
AB386, s. 17 13Section 17. Effective dates. This act takes effect on the day after publication,
14except as follows:
AB386,15,1715 (1) The treatment of section 19.42 (3m) of the statutes and the repeal and
16recreation of section 8.30 (2) of the statutes take effect on July 1, 2003, or on the day
17after publication, whichever is later.
AB386,15,1818 (End)
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