AB435, s. 1 1Section 1. 7.40 of the statutes is amended to read:
AB435,5,5 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.
AB435, s. 2 6Section 2. 8.30 (2) of the statutes is amended to read:
AB435,5,147 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).
AB435, s. 3 15Section 3. 8.30 (2) of the statutes, as affected by 2001 Wisconsin Act 109, is
16repealed and recreated to read:
AB435,6,217 8.30 (2) If no registration statement has been filed by or on behalf of a candidate
18for state or local office in accordance with s. 11.05 (2g) by the applicable deadline for
19filing nomination papers by the candidate, or the deadline for filing a declaration of
20candidacy for an office for which nomination papers are not filed, the name of the
21candidate may not appear on the ballot. This subsection may not be construed to

1exempt a candidate from applicable penalties if he or she files a registration
2statement later than the time prescribed in ss. 11.01 (1r) and 11.05 (2g).
AB435, s. 4 3Section 4. 11.01 (1) of the statutes is renumbered 11.01 (1r).
AB435, s. 5 4Section 5. 11.01 (1g) of the statutes is created to read:
AB435,6,75 11.01 (1g) "Advertisement" means a communication that appears in the print
6media, on the Internet, or on television or radio that constitutes a contribution or
7disbursement.
AB435, s. 6 8Section 6. 11.01 (17) of the statutes is created to read:
AB435,6,119 11.01 (17) "Print media" means billboards, cards, newspapers, newspaper
10inserts, magazines, sample ballots, mailings of more than 500 pieces of substantially
11identical printed or electronic material, pamphlets, fliers, or periodicals.
AB435, s. 7 12Section 7. 11.05 (2g) of the statutes is amended to read:
AB435,6,2113 11.05 (2g) Candidates and personal campaign committees. Every candidate,
14as defined in s. 11.01 (1) (1r), shall file a registration statement with the appropriate
15filing officer giving the information required by sub. (3). If a candidate appoints
16another person as campaign treasurer the candidate's registration statement shall
17be cosigned by the candidate and the candidate's appointed treasurer. A candidate
18who receives no contributions and makes no disbursements shall file such statement
19as provided in s. 11.10 (1) but need not appoint a campaign treasurer or designate
20a campaign depository account until the first contribution is received or
21disbursement made.
AB435, s. 8 22Section 8. 11.30 (2) of the statutes is repealed.
AB435, s. 9 23Section 9. 11.30 (2m) of the statutes is created to read:
AB435,7,3
111.30 (2m) (a) Except as provided in par. (i), no person may purchase or incur
2an obligation for an advertisement unless the person meets the following
3requirements:
AB435,7,84 1. The advertisement includes the statement "Paid for by .... [name of each
5purchaser, as indicated on the purchaser's registration statement under s. 11.05]."
6In addition, if the advertisement appears in the print media, on the Internet, or on
7television, the advertisement shall include the purchaser's full address and the
8purchaser's telephone number and electronic mail address, if any.
AB435,7,169 2. If the advertisement supports or opposes the nomination or election of one
10or more clearly identified candidates, the person states whether or not the
11advertisement is authorized by a candidate. The statement in the advertisement
12shall include the words: "Authorized by .... [name of candidate], candidate for ....
13[name or office]" or "Not authorized by any candidate, candidate's agent, or
14committee," as applicable. This subdivision does not apply if the person purchasing
15the advertisement is the candidate whom the advertisement supports or that
16candidate's personal campaign committee.
AB435,7,2217 3. If the advertisement appears in the print media or on the Internet and
18identifies a candidate whom the person is opposing, the person discloses in the
19advertisement the name of any candidate whom the advertisement is intended to
20benefit. This subdivision applies only if the person coordinates or consults with
21regard to the advertisement, or with regard to the disbursement for the
22advertisement, with the candidate who is intended to benefit therefrom.
AB435,8,323 (b) 1. In an advertisement that appears in the print media or on the Internet,
24the height of all disclosure statements required under par. (a) shall constitute at least
255 percent of the height of the total space of the advertisement, except that the type

1may not be less than 12 points in size. If a single advertisement consists of multiple
2pages, folds, or faces, the disclosure statements required under par. (a) apply only to
3one page, fold, or face of the advertisement.
AB435,8,64 2. In a television advertisement, a written disclosure statement used to comply
5with par. (a) shall be made with letters equal to or greater than 4 percent of the
6vertical picture height and the statement shall appear for at least 4 seconds.
AB435,8,87 3. In a radio advertisement, all disclosure statements, combined, that are
8required under par. (a) shall last at least 3 seconds.
AB435,8,109 (c) No person may misrepresent in any advertisement the sponsorship or
10authorization of the advertisement.
AB435,8,1511 (d) In addition to the disclosure statements required under par. (a) and except
12as provided in par. (i), a person purchasing or incurring an obligation for an
13advertisement on television or radio that supports or opposes the nomination or
14election of one or more clearly identified candidates shall satisfy the following
15requirements:
AB435,8,2016 1. If the advertisement is purchased by a candidate or a candidate's personal
17campaign committee, the advertisement shall include a statement spoken by the
18candidate containing at least the following: "I am (or "This is") .... [name of
19candidate], candidate for .... [name of office], and I (or "my campaign committee")
20sponsored this advertisement."
AB435,9,221 2. If the advertisement is purchased by a political party or legislative campaign
22committee, the advertisement shall include a statement spoken by the chairperson,
23executive director, or treasurer of the political party containing at least the following:
24"The .... [name of political party or legislative campaign committee] sponsored this

1advertisement." The name of a political party disclosed under this subdivision shall
2be the same as the name used by the political party on the ballot at the election.
AB435,9,93 3. If the advertisement is purchased by a committee other than a political party
4or legislative campaign committee, the advertisement shall include a statement
5spoken by the chief executive officer or treasurer of the committee containing at least
6the following: "The .... [name of committee], a political action committee, sponsored
7this advertisement." The name of the committee disclosed under this subdivision
8shall be the same as the name indicated on the committee's registration statement
9under s. 11.05.
AB435,9,1310 4. Except as provided under subd. 1., if the advertisement is purchased by an
11individual, the advertisement shall include a statement spoken by the individual
12containing at least the following: "I am .... [individual's name], and I sponsored this
13advertisement."
AB435,9,1914 5. If the advertisement is purchased by a person other than a candidate, a
15candidate's personal campaign committee, a political party, a committee other than
16a political party or legislative campaign committee, or an individual, the
17advertisement shall include a statement spoken by the chief executive or principal
18decision maker of the purchaser containing at least the following: "....[Name of
19person] sponsored this advertisement."
AB435,9,2420 6. If the advertisement is televised, a full-screen picture containing an image
21of the individual making the statement required under subds. 1. to 5., in
22photographic form or through the actual appearance of the individual on camera,
23shall be featured throughout the duration of the statement. The picture may not
24contain any text other than any visual disclosure statement required by law. The

1image of the individual shall occupy at least 50 percent of the vertical picture height
2and nothing may block the view of the individual's face.
AB435,10,53 7. If the advertisement is televised and is more than 5 minutes long, any
4statement required under subds. 1. to 5. shall be made at the beginning and at the
5end of the advertisement.
AB435,10,166 (e) If an advertisement that is subject to par. (d) is jointly purchased or if an
7obligation for such an advertisement is jointly incurred, the statement required
8under par. (d) shall name all of the purchasers but need be made by only one
9individual. If a candidate or a candidate's personal campaign committee is one of the
10purchasers or persons who incurs the obligation, that candidate shall be the
11individual making the statement. If multiple candidates are the purchasers or
12persons who incur the obligation, if a candidate and a personal campaign committee
13of another candidate are the purchasers or persons who incur the obligation, or if the
14personal campaign committees of multiple candidates are the purchasers or persons
15who incur the obligation, at least one of the candidates shall be the individual
16making the statement.
AB435,10,1817 (f) Advertisements under this section by a personal campaign committee may
18identify the committee or any bona fide subcommittee thereof.
AB435,10,2419 (g) Notwithstanding pars. (a) to (e), any advertisement making a solicitation
20on behalf of more than one candidate for a joint fund raising effort or program
21pursuant to an escrow agreement under s. 11.16 (5) may omit the names of the
22candidates or personal campaign committees assuming responsibility for the
23advertisement if the advertisement discloses that a joint fund raising effort or
24program is being conducted on behalf of named candidates.
AB435,11,6
1(h) No person may publish or disseminate, or cause to be published or
2disseminated any advertisement in violation of this subsection. A communications
3medium which in good faith relies on the reasonable representations of any person
4who places an advertisement with that medium as to the applicability of this
5subsection to that person does not violate this paragraph as a result of publication
6or dissemination of that advertisement based on those representations.
AB435,11,77 (i) Paragraphs (a), (c), and (d) do not apply to any of the following:
AB435,11,108 1. An individual who makes disbursements for advertisements in the print
9media with regard to a particular election that total less than $1,000 and that do not
10constitute a contribution to any candidate or other individual.
AB435,11,1211 2. A person who is exempt from reporting the purchase of or obligation incurred
12for an advertisement under s. 11.06 (2).
AB435,11,1613 3. An organization that disseminates nonadvertising material in a regularly
14published newsletter that expresses its political views with respect to elections that
15are of concern to its membership, if distribution of the newsletter is restricted to that
16membership.
AB435, s. 10 17Section 10. 11.30 (3) (b) of the statutes is amended to read:
AB435,11,2318 11.30 (3) (b) Any person named in par. (a) is guilty of a violation of this chapter
19unless, before using the communications medium for political purposes other than
20as provided for in sub. (2) (2m), there is filed with the board a verified declaration
21specifically stating the communications medium in which the person has financial
22interest or over which the person has control and the exact nature and extent of the
23interest or control.
AB435, s. 11 24Section 11. 11.59 of the statutes is created to read:
AB435,12,20
111.59 Liability for unlawful advertisements. (1) A candidate who
2complies with all applicable requirements under s. 11.30 (2m) throughout the
3candidate's campaign, or the personal campaign committee of such a candidate, may
4bring an action for damages against any person who violates s. 11.30 (2m) with
5regard to a television or radio advertisement relating to an election for the office that
6the candidate seeks. As a condition of bringing an action under this section, a
7candidate for state office, or the personal campaign committee of such a candidate,
8shall complete and file with the board a notice of complaint, on a form prescribed by
9the board, regarding a violation of s. 11.30 (2m). The notice shall be filed after the
10airing of the advertisement, but no later than the Friday after the date of the election.
11Any other candidate, or the personal campaign committee of such other candidate,
12as a condition of bringing an action under this section, shall file the notice of
13complaint during the same time period with the county clerk or, if applicable, the
14county board of election commissioners, of any county with territory in the
15jurisdiction or district that the candidate seeks to represent and shall publish a short
16form notice of complaint, in the form prescribed by the board, in a newspaper having
17general circulation in the jurisdiction or district that the candidate seeks to
18represent. A candidate or personal campaign committee shall bring an action in
19circuit court for the county where the notice of complaint is filed no later than the
2090th day following the date of the election.
AB435,13,7 21(2) The court shall award a successful plaintiff in an action under this section
22damages equal to the total dollar amount of the television and radio advertising time
23that was aired in violation of s. 11.30 (2m). The court shall award treble damages
24if the plaintiff notified or reasonably attempted to notify the defendant, by 1st class
25mail with return receipt requested, that a particular advertisement or that

1particular advertisements failed to comply with s. 11.30 (2m) and if, after the notice
2or attempted notice, the advertisement continued to be aired. The court shall
3calculate the treble damages beginning on the date on which the notice was accepted
4or rejected by the defendant. Within 5 days after the return receipt for any notice
5mailed under this subsection is provided to the plaintiff, the plaintiff shall send a
6copy of the notice to the board or to the county clerk or county board of election
7commissioners of the county where the plaintiff's notice of complaint was filed.
AB435,13,13 8(3) A candidate and his or her personal campaign committee are jointly and
9severally liable for the payment of damages and any attorney fees awarded in an
10action under this section. If a candidate is held personally liable for the payment of
11damages or attorney fees or both, the candidate may not use or be reimbursed with
12funds from his or her campaign depository account in paying the damages or attorney
13fees.
AB435, s. 12 14Section 12. 11.61 (1) (c) of the statutes is amended to read:
AB435,13,1915 11.61 (1) (c) Whoever intentionally violates any provision of this chapter other
16than those provided specified in par. (a) and s. 11.30 (2m) (d) and whoever
17intentionally violates any provision under par. (b) where the intentional violation
18concerns a specific figure which does not exceed $100 in amount or value may be fined
19not more than $1,000 or imprisoned for not more than 6 months or both.
AB435, s. 13 20Section 13. 13.62 (5g) of the statutes is amended to read:
AB435,13,2121 13.62 (5g) "Candidate" has the meaning given under s. 11.01 (1) (1r).
AB435, s. 14 22Section 14. 19.42 (3m) of the statutes is amended to read:
AB435,13,2423 19.42 (3m) "Candidate," except as otherwise provided, has the meaning given
24in s. 11.01 (1) (1r).
AB435, s. 15 25Section 15. Nonstatutory provisions.
AB435,14,5
1(1) Notwithstanding section 990.001 (11) of the statutes, if a court finds that
2the repeal and recreation of section 8.30 (2) of the statutes by this act, or any part
3of the laws specified in 2001 Wisconsin Act 109, section 9115 (2y) (b) is
4unconstitutional, the repeal and recreation of section 8.30 (2) of the statutes by this
5act is void.
AB435,14,66 (End)
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