Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB636 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 636
5	5	November 8, 2023 - Introduced by Representatives J. ANDERSON, SUBECK, C.
6	6	ANDERSON, ANDRACA, BALDEH, BARE, BILLINGS, CABRERA, CLANCY, CONLEY,
7	7	DRAKE, EMERSON, JOERS, MOORE OMOKUNDE, OHNSTAD, PALMERI, SHANKLAND,
8	8	SHELTON, SINICKI, SNODGRASS and JACOBSON, cosponsored by Senators LARSON,
9	9	CARPENTER, L. JOHNSON, HESSELBEIN and SPREITZER. Referred to Committee on
10	10	Campaigns and Elections.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to repeal 11.1203 (2) (a) 1.; to consolidate, renumber and amend
13	13	11.1203 (2) (a) (intro.) and 2.; to amend 11.1203 (title) and 11.1203 (3) (intro.);
14	14	and to create 11.0101 (20), 11.0101 (20d), 11.0101 (20e), 11.0101 (20f) and
15	15	11.1203 (4) of the statutes; relating to: coordination of mass communications.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill prohibits a political action committee, independent expenditure
18	18	committee, or other person from making expenditures for certain mass
19	19	communications that are coordinated with a candidate or the candidate's agent or
20	20	the legislative campaign committee or political party of the candidate's political
21	21	party in violation of the contribution limits and source restrictions applicable to the
22	22	candidate. Current law imposes this same prohibition on expenditures for express
23	23	advocacy that are coordinated with a candidate, the candidate's agent, or an LCC or
24	24	PP. Under current law, an expenditure is coordinated if either of the following
25	25	applies: 1) the candidate, candidate's agent, LCC, or PP communicates directly with
26	26	and specifically requests that the PAC, IEC, or other person make the expenditure
27	27	and the PAC, IEC, or other person explicitly assents to the request before making the
28	28	expenditure; or 2) the candidate, candidate's agent, LCC, or PP exercises control over
29	29	the expenditure or the content, timing, location, form, intended audience, number,
30	30	or frequency of the communication.
31	31	This bill eliminates the definition of coordination applicable to express
32	32	advocacy expenditures and creates new definitions for coordination that apply to
33	33	expenditures for express advocacy and to expenditures for a mass communication.
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39	39	ASSEMBLY BILL 636
40	40	The bill provides that an expenditure for express advocacy is coordinated if the
41	41	candidate, candidate's agent, LCC, or PP exercises control over or engages in
42	42	substantial discussions or negotiations with the person making the expenditure
43	43	regarding the content, timing, location, form, intended audience, or frequency of the
44	44	communication. Similarly, the bill specifies that a mass communication is
45	45	coordinated if the candidate, the candidate's agent, or the LCC or PP exercises
46	46	control over or engages in substantial discussions or negotiations with the person
47	47	making the expenditure regarding the content, timing, location, form, intended
48	48	audience, or frequency of the mass communication.
49	49	The bill defines mass communication as a message that is disseminated by
50	50	means of one or more communications media, a mass electronic communication, a
51	51	mass distribution, or a mass telephoning, but not including a bona fide poll
52	52	conducted for the purpose of objectively identifying or collecting data concerning the
53	53	attitude or preference of electors. The bill requires the person making the
54	54	disbursement to report information including the name and address of the person
55	55	that received the disbursement and whether the person making the disbursement
56	56	for the mass communication coordinated with the candidate.
57	57	The people of the state of Wisconsin, represented in senate and assembly, do
58	58	enact as follows:
59	59	SECTION 1. 11.0101 (20) of the statutes is created to read:
60	60	11.0101 (20) “Mass communication" means a message that is disseminated by
61	61	means of one or more communications media, a mass electronic communication, a
62	62	mass distribution, or a mass telephoning, but not including a bona fide poll
63	63	conducted for the purpose of objectively identifying or collecting data concerning the
64	64	attitudes or preferences of electors.
65	65	SECTION 2. 11.0101 (20d) of the statutes is created to read:
66	66	11.0101 (20d) “Mass distribution" means the distribution of 500 or more pieces
67	67	of substantially identical material.
68	68	SECTION 3. 11.0101 (20e) of the statutes is created to read:
69	69	11.0101 (20e) “Mass electronic communication" means the transmission of 500
70	70	or more pieces of substantially identical material by means of electronic mail or
71	71	facsimile transmission.
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89	89	SECTION 4. 11.0101 (20f) of the statutes is created to read:
90	90	11.0101 (20f) “Mass telephoning" means the making of 500 or more telephone
91	91	calls conveying a substantially identical message.
92	92	SECTION 5. 11.1203 (title) of the statutes is amended to read:
93	93	11.1203 (title) Coordination of expenditures for express advocacy;
94	94	coordination of expenditures for mass communications .
95	95	SECTION 6. 11.1203 (2) (a) (intro.) and 2. of the statutes are consolidated,
96	96	renumbered 11.1203 (2) (a) and amended to read:
97	97	11.1203 (2) (a) For purposes of this section sub. (1), an expenditure for express
98	98	advocacy is coordinated if any of the following applies: 2. The the candidate,
99	99	candidate's agent, legislative campaign committee of the candidate's political party,
100	100	or the candidate's political party exercises control over or engages in substantial
101	101	discussions or negotiations with the political action committee, independent
102	102	expenditure committee, other person, or individual making the expenditure or
103	103	regarding the content, timing, location, form, intended audience, number, or
104	104	frequency of the communication.
105	105	SECTION 7. 11.1203 (2) (a) 1. of the statutes is repealed.
106	106	SECTION 8. 11.1203 (3) (intro.) of the statutes is amended to read:
107	107	11.1203 (3) (intro.) None of the following are considered coordinated
108	108	communications prohibited under this section sub. (1):
109	109	SECTION 9. 11.1203 (4) of the statutes is created to read:
110	110	11.1203 (4) (a) No political action committee, independent expenditure
111	111	committee, other person required to report under s. 11.1001, or individual may make
112	112	an expenditure for a mass communication during the period beginning on the 60th
113	113	day preceding an election and ending on the date of that election that includes a
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140	140	SECTION 9 ASSEMBLY BILL 636
141	141	reference to a clearly identified candidate whose name is certified under s. 7.08 (2)
142	142	(a) or 8.50 (1) (d) to appear on the ballot at that election and that is susceptible of no
143	143	reasonable interpretation other than as an appeal to vote for the candidate or against
144	144	an opponent of the candidate that is coordinated with the candidate, candidate's
145	145	committee, or candidate's agent, nor with any legislative campaign committee of the
146	146	candidate's political party, or a political party, in violation of the contribution limits
147	147	under s. 11.1101 or the source restrictions under s. 11.1112.
148	148	(b) An expenditure for a mass communication is coordinated if the candidate,
149	149	candidate's agent, legislative campaign committee of the candidate's political party,
150	150	or the candidate's political party exercises control over, or engages in, substantial
151	151	discussions or negotiations with the political action committee, independent
152	152	expenditure committee, other person, or individual making the expenditure
153	153	regarding the content, timing, location, form, intended audience, or frequency of the
154	154	mass communication.
155	155	(c) If an expenditure for a mass communication is coordinated, but not in
156	156	violation of the coordination prohibitions under par. (a), all of the following apply:
157	157	1. The political action committee, independent expenditure committee, or other
158	158	person making the expenditure shall report the expenditure as required under this
159	159	chapter.
160	160	2. The candidate's committee shall report the expenditure as a contribution.
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