LRB-1295/3
TKK:kjf
2017 - 2018 LEGISLATURE
July 13, 2017 - Introduced by Senators Larson, Carpenter, Erpenbach, Hansen,
Johnson, Miller and Vinehout, cosponsored by Representatives Anderson,
Berceau, Brostoff, Crowley, Genrich, Hebl, Kolste, Ohnstad, Pope,
Sargent, Shankland, Sinicki, Spreitzer, Subeck, C. Taylor and Zamarripa.
Referred to Committee on Elections and Utilities.
SB356,1,4 1An Act to repeal 11.1203 (2) (a) 1.; to consolidate, renumber and amend
211.1203 (2) (a) (intro.) and 2.; to amend 11.1203 (title) and 11.1203 (3) (intro.);
3and to create 11.0101 (20), 11.0101 (20d), 11.0101 (20e), 11.0101 (20f) and
411.1203 (4) of the statutes; relating to: coordination of mass communications.
Analysis by the Legislative Reference Bureau
This bill prohibits a political action committee, independent expenditure
committee, or other person from making expenditures for certain mass
communications that are coordinated with a candidate or the candidate's agent or
the legislative campaign committee or political party of the candidate's political
party in violation of the contribution limits and source restrictions applicable to the
candidate. Current law imposes this same prohibition on expenditures for express
advocacy that are coordinated with a candidate, the candidate's agent, or with an
LCC or PP. Under current law, an expenditure is coordinated if either of the following
applies: 1) the candidate, candidate's agent, LCC, or PP communicates directly with
and specifically requests that the PAC, IEC, or other person make the expenditure
and the PAC, IEC, or other person explicitly assents to the request before making the
expenditure; or 2) the candidate, candidate's agent, LCC, or PP exercises control over
the expenditure or the content, timing, location, form, intended audience, number,
or frequency of the communication.
This bill eliminates the definition of coordination applicable to express
advocacy expenditures and creates new definitions for coordination that apply to
expenditures for express advocacy and to expenditures for a mass communication.

The bill provides that an expenditure for express advocacy is coordinated if the
candidate, candidate's agent, LCC, or PP exercises control over or engages in
substantial discussions or negotiations with the person making the expenditure
regarding the content, timing, location, form, intended audience, or frequency of the
communication. Similarly, the bill specifies that a mass communication is
coordinated if the candidate, the candidate's agent, or the LCC or PP exercises
control over or engages in substantial discussions or negotiations with the person
making the expenditure regarding the content, timing, location, form, intended
audience, or frequency of the mass communication.
The bill defines mass communication as a message that is disseminated by
means of one or more communications media, a mass electronic communication, a
mass distribution, or a mass telephoning, but not including a bona fide poll
conducted for the purpose of objectively identifying or collecting data concerning the
attitude or preference of electors. The bill requires the person making the
disbursement to report information including the name and address of the person
that received the disbursement and whether the person making the disbursement
for the mass communication coordinated with the candidate.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB356,1 1Section 1. 11.0101 (20) of the statutes is created to read:
SB356,2,62 11.0101 (20) “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.
SB356,2 7Section 2. 11.0101 (20d) of the statutes is created to read:
SB356,2,98 11.0101 (20d) “Mass distribution" means the distribution of 500 or more pieces
9of substantially identical material.
SB356,3 10Section 3. 11.0101 (20e) of the statutes is created to read:
SB356,2,1311 11.0101 (20e) “Mass electronic communication" means the transmission of 500
12or more pieces of substantially identical material by means of electronic mail or
13facsimile transmission.
SB356,4
1Section 4. 11.0101 (20f) of the statutes is created to read:
SB356,3,32 11.0101 (20f) “Mass telephoning" means the making of 500 or more telephone
3calls conveying a substantially identical message.
SB356,5 4Section 5. 11.1203 (title) of the statutes is amended to read:
SB356,3,6 511.1203 (title) Coordination of expenditures for express advocacy;
6coordination of expenditures for mass communications
.
SB356,6 7Section 6. 11.1203 (2) (a) (intro.) and 2. of the statutes are consolidated,
8renumbered 11.1203 (2) (a) and amended to read:
SB356,3,169 11.1203 (2) (a) For purposes of this section sub. (1), an expenditure for express
10advocacy is coordinated if any of the following applies: 2. The the candidate,
11candidate's agent, legislative campaign committee of the candidate's political party,
12or the candidate's political party exercises control over or engages in substantial
13discussions or negotiations with the political action committee, independent
14expenditure committee, other person, or individual making
the expenditure or
15regarding the content, timing, location, form, intended audience, number, or
16frequency of the communication.
SB356,7 17Section 7. 11.1203 (2) (a) 1. of the statutes is repealed.
SB356,8 18Section 8. 11.1203 (3) (intro.) of the statutes is amended to read:
SB356,3,2019 11.1203 (3) (intro.) None of the following are considered coordinated
20communications prohibited under this section sub. (1):
SB356,9 21Section 9. 11.1203 (4) of the statutes is created to read:
SB356,4,722 11.1203 (4) (a) No political action committee, independent expenditure
23committee, other person required to report under s. 11.1001, or individual may make
24an expenditure for a mass communication during the period beginning on the 60th
25day preceding an election and ending on the date of that election that includes a

1reference to a clearly identified candidate whose name is certified under s. 7.08 (2)
2(a) or 8.50 (1) (d) to appear on the ballot at that election and that is susceptible of no
3reasonable interpretation other than as an appeal to vote for the candidate or against
4an opponent of the candidate that is coordinated with the candidate, candidate's
5committee, or candidate's agent, nor with any legislative campaign committee of the
6candidate's political party, or a political party, in violation of the contribution limits
7under s. 11.1101 or the source restrictions under s. 11.1112.
SB356,4,148 (b) An expenditure for a mass communication is coordinated if the candidate,
9candidate's agent, legislative campaign committee of the candidate's political party,
10or the candidate's political party exercises control over, or engages in substantial
11discussions or negotiations with the political action committee, independent
12expenditure committee, other person, or individual making the expenditure
13regarding the content, timing, location, form, intended audience, or frequency of the
14mass communication.
SB356,4,1615 (c) If an expenditure for a mass communication is coordinated, but not in
16violation of the coordination prohibitions under par. (a), all of the following apply:
SB356,4,1917 1. The political action committee, independent expenditure committee, or other
18person making the expenditure shall report the expenditure as required under this
19chapter.
SB356,4,2020 2. The candidate's committee shall report the expenditure as a contribution.
SB356,4,2121 (End)
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