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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 643
November 8, 2023 - Introduced by Representatives SUBECK, STUBBS, C. ANDERSON,
J. ANDERSON, ANDRACA, BALDEH, BARE, BILLINGS, CABRERA, CLANCY, DRAKE,
EMERSON, JOERS, MOORE OMOKUNDE, OHNSTAD, PALMERI, SHELTON, SINICKI,
SNODGRASS and JACOBSON, cosponsored by Senators LARSON, SMITH, L.
JOHNSON, HESSELBEIN and SPREITZER. Referred to Committee on Campaigns
and Elections.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 11.1203 (2) (a) 1.; to consolidate, renumber and amend
11.1203 (2) (a) (intro.) and 2.; to amend 11.1203 (title) and 11.1203 (3) (intro.);
and to create 11.0101 (20), 11.0101 (20d), 11.0101 (20e), 11.0101 (20f) and
11.1203 (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 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.
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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, number, 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:
SECTION 1. 11.0101 (20) of the statutes is created to read:
11.0101 (20) “Mass communication" means 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
attitudes or preferences of electors.
SECTION 2. 11.0101 (20d) of the statutes is created to read:
11.0101 (20d) “Mass distribution" means the distribution of 500 or more pieces
of substantially identical material.
SECTION 3. 11.0101 (20e) of the statutes is created to read:
11.0101 (20e) “Mass electronic communication" means the transmission of 500
or more pieces of substantially identical material by means of email or facsimile
transmission.
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SECTION 4
ASSEMBLY BILL 643
SECTION 4. 11.0101 (20f) of the statutes is created to read:
11.0101 (20f) “Mass telephoning" means the making of 500 or more telephone
calls conveying a substantially identical message.
SECTION 5. 11.1203 (title) of the statutes is amended to read:
11.1203 (title) Coordination of expenditures for express advocacy;
coordination of expenditures for mass communications .
SECTION 6. 11.1203 (2) (a) (intro.) and 2. of the statutes are consolidated,
renumbered 11.1203 (2) (a) and amended to read:
11.1203 (2) (a) For purposes of this section sub. (1), an expenditure for express
advocacy is coordinated if any of the following applies: 2. The the candidate,
candidate's agent, legislative campaign committee of the candidate's political party,
or the candidate's political party exercises control over or engages in substantial
discussions or negotiations with the political action committee, independent
expenditure committee, other person, or individual making the expenditure or
regarding the content, timing, location, form, intended audience, number, or
frequency of the communication.
SECTION 7. 11.1203 (2) (a) 1. of the statutes is repealed.
SECTION 8. 11.1203 (3) (intro.) of the statutes is amended to read:
11.1203 (3) (intro.) None of the following are considered coordinated
communications prohibited under this section sub. (1):
SECTION 9. 11.1203 (4) of the statutes is created to read:
11.1203 (4) (a) No political action committee, independent expenditure
committee, other person required to report under s. 11.1001, or individual may make
an expenditure for a mass communication during the period beginning on the 60th
day preceding an election and ending on the date of that election that includes a
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SECTION 9 ASSEMBLY BILL 643
reference to a clearly identified candidate whose name is certified under s. 7.08 (2)
(a) or 8.50 (1) (d) to appear on the ballot at that election and that is susceptible of no
reasonable interpretation other than as an appeal to vote for the candidate or against
an opponent of the candidate that is coordinated with the candidate, candidate's
committee, or candidate's agent, nor with any legislative campaign committee of the
candidate's political party, or a political party, in violation of the contribution limits
under s. 11.1101 or the source restrictions under s. 11.1112.
(b) An expenditure for a mass communication is coordinated if the candidate,
candidate's agent, legislative campaign committee of the candidate's political party,
or the candidate's political party exercises control over or engages in substantial
discussions or negotiations with the political action committee, independent
expenditure committee, other person, or individual making the expenditure
regarding the content, timing, location, form, intended audience, or frequency of the
mass communication.
(c) If an expenditure for a mass communication is coordinated, but not in
violation of the coordination prohibitions under par. (a), all of the following apply:
1. The political action committee, independent expenditure committee, other
person, or individual making the expenditure shall report the expenditure as
required under this chapter.
2. The candidate's committee shall report the expenditure as a contribution.
(END)
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