B) for electioneering communications.
In addition, the same rule mandates all the same election reports of contributions and expenditures in the same manner as political committees, and the nonprofit organizations are subject to the same civil penalties for failure to file or delinquent filing. (See Illinois Administrative Code, Title 26, Chapter
1, Part 100, s.
100.130).
Iowa:
Iowa prohibits direct or indirect corporate contributions to committees or to expressly advocate for a vote. (s. 68A.503(1), Iowa Stats.) Iowa does allow corporations to use their funds to encourage registration of voters and participation in the political process or to publicize public issues, but provided that no part of those contributions are used to expressly advocate the nomination, election, or defeat of any candidate for public office. (s. 68A.503(4), Iowa Stats.) Iowa does not have any additional rules further defining indirect corporate contributions or expressly advocating for a vote.
Michigan:
Michigan prohibits corporate and labor contributions for political purposes (s.
169.254, Mich. Stats.) and requires registration and reporting for any independent expenditures of $100.01 or more (s.
169.251, Mich. Stats.) Michigan does not have any additional rules defining political purposes.
Minnesota:
Minnesota statutes prohibit direct and indirect corporate contributions and independent expenditures to promote or defeat the candidacy of an individual. (s. 211B.15(Subds. 2 and 3), Minn. Stats.) A violation of this statute could subject the corporation to a $40,000.00 penalty and forfeiture of the right to do business in Minnesota. A person violating this statute could receive a $20,000.00 penalty and up to 5 years in prison. Minnesota does not have any additional rules defining indirect influence on voting. (s. 211B15 (Subds. 6 and 7), Minn. Stats.)
Summary of factual data and analytical methodologies
Adoption of the rule was primarily predicated on federal and state statutes, regulations, and case law. Additional factual data was considered at several Government Accountability Board public meetings, specifically the expenditures on television advertisements, and the actual transcripts for the same, as aired during a recent Wisconsin Supreme Court race.
Small Business Impact
The rule will have no effect on small business, nor any economic impact.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Agency Contact Person
Shane W. Falk, Staff Counsel
Government Accountability Board
212 E. Washington Avenue, 3rd Floor
P.O. Box 2973
Madison, Wisconsin 53701-2973
Phone 266-2094
Submission of Written Comments
Comments should be submitted no later than March 30, 2009 to the following address:
Government Accountability Board
212 E. Washington Avenue, 3rd Floor
P.O. Box 2973
Madison, Wisconsin 53701-2973
Text of Proposed Rule
SECTION 1. GAB 1.28 is amended to read:
GAB 1.28 Scope of regulated activity; election of candidates. (1) Definitions. As used in this rule:
(a) “Political committee" means every committee which is formed primarily to influence elections or which is under the control of a candidate.
(b) “Communication" means any printed advertisement, billboard, handbill, sample ballot, television or radio advertisement, telephone call, e-mail, internet posting, and any other form of communication that may be utilized for a political purpose.
(c) “Contributions for political purposes" means contributions made to 1) a candidate, or 2) a political committee or 3) an individual who makes contributions to a candidate or political committee or incurs obligations or makes disbursements for the purpose of expressly advocating the election or defeat of an identified candidate political purposes.
(2) Individuals other than candidates and
committees persons other than political committees are subject to the applicable
disclosure-related and recordkeeping-related requirements of ch.
11, Stats.,
only when they:
(a) Make contributions or disbursements for political purposes, or
(b) Make contributions to any person at the request or with the authorization of a candidate or political committee, or
(c) Make a communication containing for a political purpose.
(3) A communication is for a “political purpose" if either of the following applies:
(a) The communication contains terms such as the following or their functional equivalents with reference to a clearly identified candidate that expressly advocates the election or defeat of that candidate and that unambiguously relates to the campaign of that candidate:
1. “
Vote for;"
2. “Elect;"
3. “Support;"
4. “Cast your ballot for;"
5. “Smith for Assembly;"
6. “Vote against;"
7. “Defeat;" or
8. “Reject."
(b) The communication is susceptible of no reasonable interpretation other than as an appeal to vote for or against a specific candidate. A communication is susceptible of no other reasonable interpretation if it is made during the period beginning on the 60th day preceding a general, special, or spring election and ending on the date of that election or during the period beginning on the 30th day preceding a primary election and ending on the date of that election and that includes a reference to or depiction of a clearly identified candidate and:
1. Refers to the personal qualities, character, or fitness of that candidate;
2. Supports or condemns that candidate's position or stance on issues; or
3. Supports or condemns that candidate's public record.
(3) (
4) Consistent with s.
11.05 (2), Stats., nothing in sub. (1)
or , (2)
, or (3) should be construed as requiring registration and reporting, under ss.
11.05 and
11.06, Stats., of an individual whose only activity is the making of contributions.
SECTION 2. EFFECTIVE DATE.
This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register as provided in s.
227.22 (intro), Stats.
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014 (1),
29.039,
29.041,
29.053 and
227.11 (2) (a), Stats., the Department of Natural Resources will hold public hearings on revisions to Chapters
NR 20,
21,
22, and
23, Wis. Adm. Code, relating to fishing and clamming on the inland, outlying and boundary waters of Wisconsin.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss.
23.09 (2) (b),
29.014,
29.053 (3),
29.059,
29.089,
29.192 and
29.193, Stats., the Department of Natural Resources will hold public hearings on revisions to Chapters
NR 10,
11, and
15, Wis. Adm. Code, relating to hunting and trapping regulations and the use of department managed lands.
NOTICE IS HEREBY FURTHER GIVEN that at 7:00 p.m. on Monday, April 13, 2009, the Wisconsin Conservation Congress will hold its election of county delegates in each county. Upon completion of the delegate elections, the joint Spring Hearing/Conservation Congress meeting will convene to take comments on the foregoing rule modifications.
Hearing Information
The hearings will be held on Monday, April 13, 2009 at 7:00 p.m. at the following locations:
Adams Adams County Courthouse, Board Room,
402 Main Street, Friendship
Ashland Ashland Senior High School, Auditorium,
1900 Beaser Avenue, Ashland
Barron Barron Government Center,
330 E. LaSalle Avenue, Barron
Bayfield Drummond High School, Auditorium,
52440 Eastern Ave., Drummond
Brown Franklin Middle School, Auditorium,
1234 W. Mason, Green Bay
Buffalo Alma High School, Gymnasium,
S1618 STH 35, Alma
Burnett Burnett County Government Center,
Room 165, 7410 County Road K, Siren
Calumet Calumet County Courthouse, B025,
206 Court Street, Chilton
Chippewa Chippewa Falls Middle School Auditorium
750 Tropicana Blvd., Chippewa Falls
Clark Greenwood High School, Cafetorium,
306 W. Central Ave., Greenwood
Columbia Portage Junior High School,
2505 New Pinery Rd., Portage
Crawford Crawford County Courthouse, Court Room,
220 N. Beaumont Road, Prairie du Chien
Dane Middleton Performing Arts Center,
Middleton High School, 2100 Bristol St.,
Middleton
Dodge Horicon City Hall, 404 E. Lake Street,
Horicon
Door Crossroads at Big Creek,
2041 Michigan Ave., Sturgeon Bay
Douglas Brule Town Hall, 5814 S. Maple St., Brule
Dunn Dunn County Fish and Game Club,
1900 Pioneer Ave., Menomonie
Eau Claire South Middle School, Auditorium,
2115 Mitscher Ave., Eau Claire
Florence Florence Natural Resource Center,
Basement, Highway 70/101, Florence
Fond du Lac Theisen Middle School, 525 E Pioneer Road,
Fond du Lac
Forest Crandon High School, Auditorium,
9750 USH 8 W, Crandon
Grant Lancaster High School, Auditorium,
806 Elm Street, Lancaster
Green Monroe Middle School,
1510 13th Street, Monroe
Green Lake Green Lake High School, Small Gym,
612 Mill St., Green Lake
Iowa Dodgeville High School, Gymnasium,
912 West Chapel Street, Dodgeville
