LRB-4285/1
JTK/JK/TKK:all:jf
2013 - 2014 LEGISLATURE
March 3, 2014 - Introduced by Senators Lazich and S. Fitzgerald. Referred to
Elections and Urban Affairs.
SB655,1,6 1An Act to repeal 11.38 (1) (a) 3.; to amend 11.05 (1), 11.05 (2), 11.05 (2r), 11.05
2(12) (b), 11.07 (1), 11.12 (5), 11.12 (6), 11.21 (16), 11.23 (1), 11.26 (9) (a), 11.26
3(9) (b), 11.30 (4), 13.625 (1) (b) 3., 13.625 (1) (c) (intro.) and 13.625 (3); and to
4create
11.01 (6) (b) 8. and 9., 11.01 (7) (a) 5. to 7., 11.01 (7) (b) 6. to 8., 11.01
5(12m), 11.05 (3) (q), 11.06 (11) (d), 11.06 (13) and 11.185 of the statutes; relating
6to:
various changes in the campaign finance and lobbying laws.
Analysis by the Legislative Reference Bureau
This bill makes various changes in the campaign finance and lobbying laws.
Significant provisions include:
Internet political activity; individual and public communications
Currently, with certain exceptions, payments for political communications are
subject to disclosure under the campaign finance law, regardless of the medium that
is used to conduct the communications. Payments for Internet communications are
treated like payments for other communications. Currently, the cost of news stories,
political interviews, editorial commentary, or endorsements, regardless of the
medium by which they are distributed, are not contributions or disbursements and
therefore are not reportable. The costs of communications by an organization other
than a political party or personal campaign committee that are limited to the
organization's members, shareholders, or subscribers are generally not reportable.

In addition, all services for a political purpose by an individual on behalf of a
campaign finance registrant are not reportable and are not subject to the current
prohibition on contributions and disbursements by corporations and cooperatives
unless the individual performing the services is compensated specifically for those
services.
This bill provides that any cost incurred to conduct Internet activity is not a
contribution or disbursement, and is therefore not reportable if it is performed by an
individual acting in his or her own behalf, or acting in behalf of another person, and
if the individual is not compensated specifically for his or her services. This includes
the cost or value of any equipment and services used by the individual to conduct the
activity, but does not include professional video production services purchased by the
individual. The bill similarly provides that any cost incurred in covering a news
story, commentary, or editorial by a broadcasting station, cable television operator,
producer, or programmer, Internet site, or newspaper or other periodical publication,
including an Internet or other periodical publication, except the cost of a news story
that appears in a medium that is owned by a candidate, candidate's authorized
committee, or political party, is not a contribution or disbursement and is therefore
not reportable. In addition, the bill provides specifically that the following are
disbursements, and are therefore reportable: a) any payment for a communication
to the general public for a political purpose except an Internet communication that
is not a disbursement under the bill; b) any payment for the purchase or rental of an
electronic-mail address list that is made at the direction of a campaign finance
registrant for a political purpose; or c) any payment for an electronic-mail address
list that is transferred to a registrant for a political purpose. The bill provides
however, that the following are not disbursements, and are therefore not reportable:
a) a communication or Internet activity by an individual acting in his or her own
behalf, or acting in behalf of another person if the individual is not compensated
specifically for those services, including the cost or value of any electronic equipment
and services used by the individual to conduct the activity; or b) a nominal fee paid
for a communication to the general public.
Solicitation expenditure limit
Currently, if a corporation or cooperative establishes a segregated fund for the
purpose of supporting a candidate for state or local office, the corporation or
cooperative may not expend more than $500 annually to solicit contributions to the
fund or to a conduit. This bill eliminates this limit on expenditures made to solicit
contributions.
Committee transfers
Under current law, no individual who is a candidate for state or local office may
receive in contributions more than 65 percent of the value of the total disbursement
level for the office for which he or she is a candidate during any primary and election
campaign combined from all committees, including political party and legislative
campaign committees. The bill modifies this limitation so that the amount does not
include any transfer from any personal campaign committee to another personal
campaign committee.

Under current law, no individual who is a candidate for state or local office may
receive in contributions more than 45 percent of the value of the total disbursement
level for the office for which he or she is a candidate during any primary and election
campaign combined from all committees other than political party and legislative
campaign committees. The bill modifies this limitation so that the amount includes
any transfer from any personal campaign committee to another personal campaign
committee.
Electronic filing
Under current law, Government Accountability Board (GAB) must require each
registrant for whom GAB serves as a filing officer under the campaign finance laws
and who or which accepts contributions of $20,000 or more during a campaign period
to file campaign finance reports electronically. In addition, GAB must accept
campaign finance reports electronically from any other registrant for whom GAB
serves as a filing officer. Current law requires GAB to specify, by rule, software that
is suitable for complying with the electronic filing requirement and must provide the
software to registrants at a price not to exceed its cost. Any registrant who or which
files reports electronically with GAB must also submit a copy of the report to GAB
and the copy must be signed by an authorized individual.
Under the bill, the software that GAB specifies for electronic filing must allow
an authorized individual to provide an electronic signature that is subject to a
security procedure. The bill also eliminates the requirement that a registrant who
or which files a report electronically must file a copy with GAB. A registrant who or
which files a report electronically may, however, file with GAB that portion of the
report signed by an authorized individual rather than submit the electronic
signature of that individual.
Registration
Under current law, before any group makes or accepts contributions, makes
disbursements, or incurs obligations exceeding $750 in the aggregate in any year to
promote or oppose a referendum, or before any individual accepts contributions,
makes disbursements, or incurs obligations exceeding $750 in the aggregate in any
year for such purpose, that group or individual must file a registration statement
with the appropriate filing officer. This bill increases the threshold for filing a
registration statement for referendum-related activity from $750 to $2,500.
Under current law, every committee, other than a personal campaign
committee, that makes or accepts contributions, makes disbursements, or incurs
obligations exceeding $25 in the aggregate in any year must file a registration
statement. The bill increases the registration threshold for such a committee from
$25 to $500.
Finally, under current law, every individual, other than a candidate or a
candidate's agent, who accepts contributions, makes disbursements, or incurs
obligations exceeding $25 in the aggregate in any year to support or oppose the
election or nomination of a candidate must file a registration statement. The bill
increases the registration threshold for such an individual from $25 to $1,000.

Campaign finance reporting
Under current law, a committee that is not acting in concert with a candidate
and that makes one or more disbursements totaling $20 or more to advocate the
election or defeat of a candidate within 15 days before a primary or election must
submit a report documenting the disbursement to the appropriate filing officer
within 24 hours and must include information about the disbursement in its next
regular report. Similarly, under current law, if any contribution or contributions
from a single contributor and totaling $500 or more are made to a candidate for state
office or to a committee or individual within 15 days before a primary or election and
the contribution is not included in a preprimary or preelection report, the recipient
of the contribution must, within 24 hours, make a report to the appropriate filing
officer, and must include the contribution in its next regular report. This bill extends
the reporting period for such late filings from 24 hours to 48 hours.
Conduits; redirection of certain unclaimed contributions
The bill allows a conduit to redirect contributions made to the conduit but
unclaimed for a period of two years to a committee, other than a personal campaign
committee, that sponsors the conduit if there is such a committee or, if there is not
such a committee, to the conduit's administrative fund. Prior to redirecting the
unclaimed contribution, the conduit must either receive authorization from the
surviving spouse or executor of the estate of a deceased individual to redirect the
contribution or make at least ten good faith attempts to contact a contributor over
the two-year period without success. The conduit may attempt to contact the
contributor by U.S. mail, by electronic mail, or by telephone. The required attempts
to contact the contributor may not all occur within one 30-day period. The bill
requires the conduit to identify the sponsor on the conduit's registration form and to
include on the conduit's financial report when a contribution is redirected.
Campaign contributions by lobbyists
Currently, no lobbyist may furnish anything of pecuniary value to a state
agency official, legislative employee of the state, elective state official, candidate for
elective state office, or the personal campaign committee of such an official,
employee, or candidate except that a lobbyist may make a campaign contribution to
an official or candidate who seeks office at the general (November) election or a
partisan special election. The period during which a lobbyist may make a campaign
contribution to an official or candidate at the general election or to the personal
campaign committee of such an official or candidate begins on June 1 immediately
preceding the election and ends on the date of the election.
This bill provides that a lobbyist may furnish a campaign contribution to such
an official, employee, candidate, or committee at any time but that no lobbyist may
personally make a campaign contribution except during the period when
contributions are permitted to be made. This bill also extends the time during which
a lobbyist may make such a contribution to between the first day authorized by law

for the circulation of nomination papers as a candidate and the day of the election
or special election.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB655,1 1Section 1. 11.01 (6) (b) 8. and 9. of the statutes are created to read:
SB655,5,62 11.01 (6) (b) 8. Any cost incurred to conduct Internet activity for a political
3purpose by an individual acting in his or her own behalf, or acting in behalf of another
4person if the individual is not compensated specifically for those services, including
5the cost or value of any equipment and services identified in s. 11.06 (13), but not
6including professional video production services purchased by the individual.
SB655,5,137 9. Any cost incurred for covering or carrying a news story, commentary, or
8editorial by a broadcasting station, cable television operator, producer, or
9programmer, Internet site, or newspaper or other periodical publication, including
10an Internet or other electronic publication except the cost of a news story that
11appears in a medium that is owned or controlled by a candidate, personal campaign
12committee of a candidate, support committee of a candidate that is authorized under
13s. 11.05 (3) (p), or a political party.
SB655,2 14Section 2. 11.01 (7) (a) 5. to 7. of the statutes are created to read:
SB655,6,215 11.01 (7) (a) 5. Any payment for a communication to the general public for a
16political purpose by means of any broadcast, satellite communication, newspaper or
17other periodical publication, outdoor advertising facility, mass mailing, or mass
18telephoning to the general public, or any other form of advertising to the general
19public, except communications over the Internet by an individual acting in his or her
20own behalf, or acting in behalf of another person if the individual is not compensated

1specifically for those services, including the cost or value of any equipment and
2services identified in s. 11.06 (13).
SB655,6,43 6. Any payment for the purchase or rental of an electronic-mail address list
4made at the direction of a registrant for a political purpose.
SB655,6,65 7. Any payment for an electronic-mail address list that is transferred to a
6registrant for a political purpose.
SB655,3 7Section 3. 11.01 (7) (b) 6. to 8. of the statutes are created to read:
SB655,6,128 11.01 (7) (b) 6. A communication or Internet activity by an individual acting
9in his or her own behalf, or acting in behalf of another person if the individual is not
10compensated specifically for those services, including the cost or value of any
11equipment and services identified in s. 11.06 (13), but not including professional
12video production services purchased by the individual.
SB655,6,1913 7. Any cost incurred in covering or carrying a news story, commentary, or
14editorial by a broadcasting station, cable television operator, programmer or
15producer, Internet site, or newspaper or other periodical publication, including an
16Internet or electronic publication, except the cost of a news story that appears in a
17medium that is owned or controlled by a candidate, personal campaign committee
18of a candidate, support committee of a candidate that is authorized under s. 11.05 (3)
19(p), or a political party.
SB655,6,2020 8. A nominal fee paid for a communication to the general public.
SB655,4 21Section 4. 11.01 (12m) of the statutes is created to read:
SB655,7,222 11.01 (12m) "Internet activity" includes sending or forwarding an electronic
23message; providing a hyperlink or other direct access on a person's Internet site to
24an Internet site operated by another person; blogging; creating, maintaining, or
25hosting an Internet site; payment by a person of a nominal fee for the use of an

1Internet site operated by another person; or any other form of communication
2distributed over the Internet.
SB655,5 3Section 5. 11.05 (1) of the statutes is amended to read:
SB655,7,114 11.05 (1) Committees and groups. Except as provided in s. 9.10 (2) (d), every
5committee other than a personal campaign committee which makes or accepts
6contributions, incurs obligations, or makes disbursements in a calendar year in an
7aggregate amount in excess of $25 $500, and every political group subject to
8registration under s. 11.23 shall file a statement with the appropriate filing officer
9giving the information required by sub. (3). In the case of any committee other than
10a personal campaign committee, the statement shall be filed by the treasurer. A
11personal campaign committee shall register under sub. (2g) or (2r).
SB655,6 12Section 6. 11.05 (2) of the statutes is amended to read:
SB655,7,2113 11.05 (2) Individuals. Except as provided in s. 9.10 (2) (d), every individual,
14other than a candidate or agent of a candidate, who accepts contributions, incurs
15obligations, or makes disbursements in a calendar year in an aggregate amount in
16excess of $25 $1,000 to support or oppose the election or nomination of a candidate
17at an election and every individual subject to registration under s. 11.23 shall file a
18statement with the appropriate filing officer giving the information required by sub.
19(3). An individual who guarantees a loan on which an individual, committee or group
20subject to a registration requirement defaults is not subject to registration under this
21subsection solely as a result of such default.
SB655,7 22Section 7. 11.05 (2r) of the statutes is amended to read:
SB655,8,2223 11.05 (2r) General reporting exemptions. Any committee, group, or
24individual, other than a committee or individual required to file an oath under s.
2511.06 (7), who or which does not anticipate accepting contributions, making

1disbursements or incurring obligations in an aggregate amount in excess of $1,000
2in a calendar year and does not anticipate accepting any contribution or
3contributions from a single source, other than contributions made by a candidate to
4his or her own campaign, exceeding $100 in that year, or exceeding $750 $2,500 in
5that year for a group or individual subject to registration under s. 11.23, may indicate
6on its registration statement that the committee, group, or individual will not accept
7contributions, incur obligations or make disbursements in the aggregate in excess
8of $1,000 in any calendar year and will not accept any contribution or contributions
9from a single source, other than contributions made by a candidate to his or her own
10campaign, exceeding $100 in that year, or exceeding $750 $2,500 in that year for a
11group or individual subject to registration under s. 11.23. Any registrant making
12such an indication is not subject to any filing requirement if the statement is true.
13The registrant need not file a termination report. A registrant not making such an
14indication on a registration statement is subject to a filing requirement. The
15indication may be revoked and the registrant is then subject to a filing requirement
16as of the date of revocation, or the date that aggregate contributions, disbursements
17or obligations for the calendar year exceed $1,000, or the date on which the registrant
18accepts any contribution or contributions exceeding $100 from a single source, or
19exceeding $750 $2,500 from a single source for a group or individual subject to
20registration under s. 11.23, other than contributions made by a candidate to his or
21her own campaign, during that year, whichever is earlier. If the revocation is not
22timely, the registrant violates s. 11.27 (1).
SB655,8 23Section 8. 11.05 (3) (q) of the statutes is created to read:
SB655,9,3
111.05 (3) (q) In the case of a conduit, the name and mailing address of a sponsor,
2as defined in s. 11.185 (1), to which contributions may be redirected as provided
3under s. 11.185.
SB655,9 4Section 9. 11.05 (12) (b) of the statutes is amended to read:
SB655,9,205 11.05 (12) (b) Except as authorized under sub. (13), a committee, group or
6individual that becomes subject to a registration requirement under sub. (1) or (2),
7other than a candidate or agent of a candidate, shall comply with sub. (1) or (2) no
8later than the 5th business day commencing after receipt of the first contribution by
9the committee, group or individual exceeding the amount specified under sub. (1) or
10(2) or s. 11.23 (1), and before making any disbursement exceeding that amount. No
11committee or individual supporting or opposing the election or nomination of a
12candidate at an election, other than a candidate or an agent of a candidate, may
13accept any contribution or contributions exceeding $25 $500, no individual
14supporting or opposing the election or nomination of a candidate at an election, other
15than a candidate or agent of a candidate, may accept any contribution or
16contributions exceeding $1,000
, and no group or individual subject to registration
17under s. 11.23 may accept any contribution or contributions exceeding $750 $2,500,
18in the aggregate during a calendar year at any time when the committee, group or
19individual is not registered under this section except within the initial 5-day period
20authorized by this paragraph.
SB655,10 21Section 10. 11.06 (11) (d) of the statutes is created to read:
SB655,9,2422 11.06 (11) (d) A conduit shall include in each report under s. 11.12 (5) or 11.20
23whether, during the reporting period, any contribution was redirected to a sponsor
24as permitted under s. 11.185.
SB655,11 25Section 11. 11.06 (13) of the statutes is created to read:
SB655,10,3
111.06 (13) Internet activity. (a) In this subsection, "equipment and services"
2includes computers, software, Internet domain names, Internet service providers,
3and any other technology that is used to provide access to or use of the Internet.
SB655,10,94 (b) If an individual conducts Internet activity for a political purpose in his or
5her own behalf or in behalf of another person and is not compensated specifically for
6those services, the cost or value of any equipment and services used by the individual
7to conduct the activity, other than professional video production services purchased
8by the individual, is not a contribution to the registrant as provided in s. 11.01 (6) (b)
98., regardless of who owns the equipment and services.
SB655,12 10Section 12. 11.07 (1) of the statutes is amended to read:
SB655,11,211 11.07 (1) Every nonresident committee making contributions and every
12nonresident individual or committee making disbursements to support or oppose the
13election or nomination of a candidate at an election exceeding $25 $500 cumulatively
14in a calendar year within this state, every nonresident individual making
15disbursements to support or oppose the election or nomination of a candidate at an
16election exceeding $1,000 cumulatively in a calendar year within this state,
and
17every nonresident group making contributions and every nonresident group or
18individual making disbursements to support or oppose a particular vote at a
19referendum exceeding $750 $2,500 cumulatively in a calendar year within this state,
20shall file name, mailing and street address and the name and the mailing and street
21address of a designated agent within the state with the office of the secretary of state.
22An agent may be any adult individual who is a resident of this state. After any
23change in the name or address of such agent the new address or name of the successor
24agent shall be filed within 30 days. Service of process in any proceeding under this

1chapter or ch. 12, or service of any other notice or demand may be made upon such
2agent.
SB655,13 3Section 13. 11.12 (5) of the statutes is amended to read:
SB655,11,154 11.12 (5) If any contribution or contributions of $500 or more cumulatively are
5received by a candidate for state office or by a committee or individual from a single
6contributor later than 15 days prior to a primary or election such that it is not
7included in the preprimary or preelection report submitted under s. 11.20 (3), the
8treasurer of the committee or the individual receiving the contribution shall within
924 48 hours of receipt inform the appropriate filing officer of the information required
10under s. 11.06 (1) in such manner as the board may prescribe. The information shall
11also be included in the treasurer's or individual's next regular report. For purposes
12of the reporting requirement under this subsection, only contributions received
13during the period beginning with the day after the last date covered on the
14preprimary or preelection report, and ending with the day before the primary or
15election need be reported.
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