LRB-1092/1
JK:kjf
2019 - 2020 LEGISLATURE
February 20, 2020 - Introduced by Senators Larson,
Miller and L. Taylor,
cosponsored by Representatives
Subeck, Stubbs, Sinicki, Brostoff, Sargent,
Pope, Spreitzer and Shankland. Referred to Committee on Elections, Ethics
and Rural Issues.
SB850,1,7
1An Act to renumber and amend 11.0502 (1), 11.0502 (2), 11.0602 (1), 11.0602
2(2), 11.0902 (1) and 11.0902 (2);
to amend 11.1108; and
to create 11.0101 (20),
311.0101 (20d), 11.0101 (20g), 11.0101 (20r), 11.0204 (1) (a) 12., 11.0304 (1) (a)
412., 11.0404 (1) (a) 12., 11.0502 (1) (b), 11.0502 (2) (b), 11.0504 (1) (a) 12., 11.0602
5(1) (b), 11.0602 (2) (b), 11.0604 (1) (a) 12., 11.0902 (1) (b), 11.0902 (2) (b), 11.0904
6(1) (a) 12. and 11.1002 of the statutes;
relating to: reporting of mass
7communications.
Analysis by the Legislative Reference Bureau
Current law requires a committee that wishes to engage in certain campaign
finance activities to register with the Ethics Commission and to report information
about contributions, expenditures, and obligations related to campaigns. The
trigger for registration varies depending on the nature of the committee. For
example, a candidate committee must register as soon as practicable after the
individual qualifies as a candidate; a legislative campaign committee must register
before making or accepting contributions, making disbursements, or incurring
obligations to support or oppose a candidate; and political action committees and
independent expenditure committees must register after making or accepting
contributions, disbursements, or obligations in an aggregate amount in excess of
$2,500.
This bill requires a political action committee, an independent expenditure
committee, and a recall committee to register if the committee makes a disbursement
or incurs an obligation on a mass communication. The bill also requires all registered
committees, other than a referendum committee or a conduit, to include on their
campaign finance reports information about disbursements made or obligations
incurred on a mass communication.
The bill also requires a person who is not a committee but who makes a
disbursement of $500 or more on a mass communication to report that information
and other information related to the mass communication within 24 hours.
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, if the communication 1) is made within 60 days
before an election; 2) includes a reference to a clearly identified candidate whose
name will appear on the ballot for that election; and 3) is susceptible of no reasonable
interpretation other than as an appeal to vote for or against the candidate. The bill
requires the person making the disbursement to report information including the
name and address of the person that received the disbursement for the mass
communication and the amount of the disbursement or obligation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB850,1
1Section
1. 11.0101 (20) of the statutes is created to read:
SB850,2,62
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, if all of the following apply to the communication:
SB850,2,87
(a) The communication is made during the period beginning on the 60th day
8preceding an election and ending on the date of that election.
SB850,2,119
(b) The communication includes a reference to a clearly identified candidate
10whose name is certified under s. 7.08 (2) (a) or 8.05 (1) (d) to appear on the ballot at
11that election.
SB850,3,2
1(c) The communication is susceptible of no reasonable interpretation other
2than as an appeal to vote for or against the candidate.
SB850,2
3Section
2. 11.0101 (20d) of the statutes is created to read:
SB850,3,54
11.0101
(20d) “Mass distribution" means the distribution of 500 or more pieces
5of substantially identical material.
SB850,3
6Section
3. 11.0101 (20g) of the statutes is created to read:
SB850,3,97
11.0101
(20g) “Mass electronic communication" means the transmission of 500
8or more pieces of substantially identical material by means of electronic mail or
9facsimile transmission.
SB850,4
10Section
4. 11.0101 (20r) of the statutes is created to read:
SB850,3,1211
11.0101
(20r) “Mass telephoning" means the making of 500 or more telephone
12calls conveying a substantially identical message.
SB850,5
13Section 5
. 11.0204 (1) (a) 12. of the statutes is created to read:
SB850,3,1714
11.0204
(1) (a) 12. In the case of a candidate committee that has made a mass
15communication, a report containing all of the following information with respect to
16any obligation to make a disbursement incurred or any disbursement made for the
17purpose of making such a communication:
SB850,3,1918
a. The date on which the disbursement was made or the obligation was
19incurred.
SB850,3,2020
b. The amount of the disbursement or obligation.
SB850,3,2221
c. The name and address of the person to whom the disbursement was made
22or the obligation was incurred.
SB850,6
23Section 6
. 11.0304 (1) (a) 12. of the statutes is created to read:
SB850,4,224
11.0304
(1) (a) 12. In the case of a political party that has made a mass
25communication, a report containing all of the following information with respect to
1any obligation to make a disbursement incurred or any disbursement made for the
2purpose of making such a communication:
SB850,4,43
a. The date on which the disbursement was made or the obligation was
4incurred.
SB850,4,55
b. The amount of the disbursement or obligation.
SB850,4,76
c. The name and address of the person to whom the disbursement was made
7or the obligation was incurred.
SB850,7
8Section 7
. 11.0404 (1) (a) 12. of the statutes is created to read:
SB850,4,129
11.0404
(1) (a) 12. In the case of a legislative campaign committee that has
10made a mass communication, a report containing all of the following information
11with respect to any obligation to make a disbursement incurred or any disbursement
12made for the purpose of making such a communication:
SB850,4,1413
a. The date on which the disbursement was made or the obligation was
14incurred.
SB850,4,1515
b. The amount of the disbursement or obligation.
SB850,4,1716
c. The name and address of the person to whom the disbursement was made
17or the obligation was incurred.
SB850,8
18Section 8
. 11.0502 (1) of the statutes is renumbered 11.0502 (1) (intro.) and
19amended to read:
SB850,4,2220
11.0502
(1) (intro.)
Every
A political action committee
that to which any of the
21following applies shall file a registration statement giving the information required
22by s. 11.0503:
SB850,5,2
23(a) The political action committee makes or accepts contributions, makes
24disbursements, or incurs obligations to support or oppose a candidate in a calendar
1year in an aggregate amount in excess of $2,500
shall file a registration statement
2giving the information required by s. 11.0503.
SB850,9
3Section 9
. 11.0502 (1) (b) of the statutes is created to read:
SB850,5,54
11.0502
(1) (b) The political action committee makes a disbursement or incurs
5an obligation for the purpose of making a mass communication.
SB850,10
6Section 10
. 11.0502 (2) of the statutes is renumbered 11.0502 (2) (a) and
7amended to read:
SB850,5,138
11.0502
(2) (a) A political action committee that triggers the registration
9requirement under sub. (1)
(a) shall file the registration statement no later than the
1010th business day commencing after receipt of the first contribution by the political
11action committee exceeding the amount specified under sub. (1)
(a), before making
12any disbursement exceeding that amount, and before incurring obligations
13exceeding that amount.
SB850,11
14Section 11
. 11.0502 (2) (b) of the statutes is created to read:
SB850,5,1815
11.0502
(2) (b) A political action committee that triggers the registration
16requirement under sub. (1) (b) shall file the registration statement no later than the
1710th business day commencing after making a disbursement or incurring an
18obligation for the purpose of making a mass communication.
SB850,12
19Section 12
. 11.0504 (1) (a) 12. of the statutes is created to read:
SB850,5,2320
11.0504
(1) (a) 12. In the case of a political action committee that has made a
21mass communication, a report containing all of the following information with
22respect to any obligation to make a disbursement incurred or any disbursement
23made for the purpose of making such a communication:
SB850,5,2524
a. The date on which the disbursement was made or the obligation was
25incurred.
SB850,6,1
1b. The amount of the disbursement or obligation.
SB850,6,32
c. The name and address of the person to whom the disbursement was made
3or the obligation was incurred.
SB850,13
4Section 13
. 11.0602 (1) of the statutes is renumbered 11.0602 (1) (intro.) and
5amended to read:
SB850,6,86
11.0602
(1) (intro.)
Every
An independent expenditure committee
that
to
7which any of the following applies shall file a registration statement giving the
8information required by s. 11.0603:
SB850,6,12
9(a) The independent expenditure committee makes or accepts contributions,
10makes disbursements, or incurs obligations to support or oppose a candidate in a
11calendar year in an aggregate amount in excess of $2,500
shall file a registration
12statement giving the information required by s. 11.0603.
SB850,14
13Section 14
. 11.0602 (1) (b) of the statutes is created to read:
SB850,6,1514
11.0602
(1) (b) The independent expenditure committee makes a disbursement
15or incurs an obligation for the purpose of making a mass communication.
SB850,15
16Section 15
. 11.0602 (2) of the statutes is renumbered 11.0602 (2) (a) and
17amended to read:
SB850,6,2318
11.0602
(2) (a) An independent expenditure committee that triggers the
19registration requirement under sub. (1)
(a) shall file the registration statement no
20later than the 10th business day commencing after receipt of the first contribution
21by the independent expenditure committee exceeding the amount specified under
22sub. (1)
(a), before making any disbursement exceeding that amount, and before
23incurring obligations exceeding that amount.
SB850,16
24Section 16
. 11.0602 (2) (b) of the statutes is created to read:
SB850,7,4
111.0602
(2) (b) An independent expenditure committee that triggers the
2registration requirement under sub. (1) (b) shall file the registration statement no
3later than the 10th business day commencing after making a disbursement or
4incurring an obligation for the purpose of making a mass communication.
SB850,17
5Section 17
. 11.0604 (1) (a) 12. of the statutes is created to read:
SB850,7,96
11.0604
(1) (a) 12. In the case of an independent expenditure committee that
7has made a mass communication, a report containing all of the following information
8with respect to any obligation to make a disbursement incurred or any disbursement
9made for the purpose of making such a communication:
SB850,7,1110
a. The date on which the disbursement was made or the obligation was
11incurred.
SB850,7,1212
b. The amount of the disbursement or obligation.
SB850,7,1413
c. The name and address of the person to whom the disbursement was made
14or the obligation was incurred.