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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 911
January 4, 2024 - Introduced by Representatives SUBECK, STUBBS, C. ANDERSON, J.
ANDERSON, ANDRACA, BALDEH, BARE, BILLINGS, CABRERA, CLANCY, DRAKE,
EMERSON, JACOBSON, JOERS, MOORE OMOKUNDE, OHNSTAD, PALMERI, SHELTON,
SINICKI and SNODGRASS, cosponsored by Senators LARSON, SMITH, L. JOHNSON,
HESSELBEIN and SPREITZER. Referred to Committee on Campaigns and
Elections.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 11.0502 (1), 11.0502 (2), 11.0602 (1), 11.0602
(2), 11.0902 (1) and 11.0902 (2); to amend 11.1108; and to create 11.0101 (20),
11.0101 (20d), 11.0101 (20g), 11.0101 (20r), 11.0204 (1) (a) 12., 11.0304 (1) (a)
12., 11.0404 (1) (a) 12., 11.0502 (1) (b), 11.0502 (2) (b), 11.0504 (1) (a) 12., 11.0602
(1) (b), 11.0602 (2) (b), 11.0604 (1) (a) 12., 11.0902 (1) (b), 11.0902 (2) (b), 11.0904
(1) (a) 12. and 11.1002 of the statutes; relating to: reporting of mass
communications.
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.
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ASSEMBLY BILL 911
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:
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, if all of the following apply to the communication:
(a) The communication is made during the period beginning on the 60th day
preceding an election and ending on the date of that election.
(b) The communication includes a reference to a clearly identified candidate
whose name is certified under s. 7.08 (2) (a) or 8.05 (1) (d) to appear on the ballot at
that election.
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(c) The communication is susceptible of no reasonable interpretation other
than as an appeal to vote for or against the candidate.
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 (20g) of the statutes is created to read:
11.0101 (20g) “Mass electronic communication" means the transmission of 500
or more pieces of substantially identical material by means of electronic mail or
facsimile transmission.
SECTION 4. 11.0101 (20r) of the statutes is created to read:
11.0101 (20r) “Mass telephoning" means the making of 500 or more telephone
calls conveying a substantially identical message.
SECTION 5. 11.0204 (1) (a) 12. of the statutes is created to read:
11.0204 (1) (a) 12. In the case of a candidate committee that has made a mass
communication, a report containing all of the following information with respect to
any obligation to make a disbursement incurred or any disbursement made for the
purpose of making such a communication:
a. The date on which the disbursement was made or the obligation was
incurred.
b. The amount of the disbursement or obligation.
c. The name and address of the person to whom the disbursement was made
or the obligation was incurred.
SECTION 6. 11.0304 (1) (a) 12. of the statutes is created to read:
11.0304 (1) (a) 12. In the case of a political party that has made a mass
communication, a report containing all of the following information with respect to
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SECTION 6 ASSEMBLY BILL 911
any obligation to make a disbursement incurred or any disbursement made for the
purpose of making such a communication:
a. The date on which the disbursement was made or the obligation was
incurred.
b. The amount of the disbursement or obligation.
c. The name and address of the person to whom the disbursement was made
or the obligation was incurred.
SECTION 7. 11.0404 (1) (a) 12. of the statutes is created to read:
11.0404 (1) (a) 12. In the case of a legislative campaign committee that has
made a mass communication, a report containing all of the following information
with respect to any obligation to make a disbursement incurred or any disbursement
made for the purpose of making such a communication:
a. The date on which the disbursement was made or the obligation was
incurred.
b. The amount of the disbursement or obligation.
c. The name and address of the person to whom the disbursement was made
or the obligation was incurred.
SECTION 8. 11.0502 (1) of the statutes is renumbered 11.0502 (1) (intro.) and
amended to read:
11.0502 (1) (intro.) Every A political action committee that to which any of the
following applies shall file a registration statement giving the information required
by s. 11.0503:
(a) The political action committee makes or accepts contributions, makes
disbursements, or incurs obligations to support or oppose a candidate in a calendar
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SECTION 8
ASSEMBLY BILL 911
year in an aggregate amount in excess of $2,500 shall file a registration statement
giving the information required by s. 11.0503.
SECTION 9. 11.0502 (1) (b) of the statutes is created to read:
11.0502 (1) (b) The political action committee makes a disbursement or incurs
an obligation for the purpose of making a mass communication.
SECTION 10. 11.0502 (2) of the statutes is renumbered 11.0502 (2) (a) and
amended to read:
11.0502 (2) (a) A political action committee that triggers the registration
requirement under sub. (1) (a) shall file the registration statement no later than the
10th business day commencing after receipt of the first contribution by the political
action committee exceeding the amount specified under sub. (1) (a), before making
any disbursement exceeding that amount, and before incurring obligations
exceeding that amount.
SECTION 11. 11.0502 (2) (b) of the statutes is created to read:
11.0502 (2) (b) A political action committee that triggers the registration
requirement under sub. (1) (b) shall file the registration statement no later than the
10th business day commencing after making a disbursement or incurring an
obligation for the purpose of making a mass communication.
SECTION 12. 11.0504 (1) (a) 12. of the statutes is created to read:
11.0504 (1) (a) 12. In the case of a political action committee that has made a
mass communication, a report containing all of the following information with
respect to any obligation to make a disbursement incurred or any disbursement
made for the purpose of making such a communication:
a. The date on which the disbursement was made or the obligation was
incurred.
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SECTION 12 ASSEMBLY BILL 911
b. The amount of the disbursement or obligation.
c. The name and address of the person to whom the disbursement was made
or the obligation was incurred.
SECTION 13. 11.0602 (1) of the statutes is renumbered 11.0602 (1) (intro.) and
amended to read:
11.0602 (1) (intro.) Every An independent expenditure committee that to
which any of the following applies shall file a registration statement giving the
information required by s. 11.0603:
(a) The independent expenditure committee makes or accepts contributions,
makes disbursements, or incurs obligations to support or oppose a candidate in a
calendar year in an aggregate amount in excess of $2,500 shall file a registration
statement giving the information required by s. 11.0603.
SECTION 14. 11.0602 (1) (b) of the statutes is created to read:
11.0602 (1) (b) The independent expenditure committee makes a disbursement
or incurs an obligation for the purpose of making a mass communication.
SECTION 15. 11.0602 (2) of the statutes is renumbered 11.0602 (2) (a) and
amended to read:
11.0602 (2) (a) An independent expenditure committee that triggers the
registration requirement under sub. (1) (a) shall file the registration statement no
later than the 10th business day commencing after receipt of the first contribution
by the independent expenditure committee exceeding the amount specified under
sub. (1) (a), before making any disbursement exceeding that amount, and before
incurring obligations exceeding that amount.
SECTION 16. 11.0602 (2) (b) of the statutes is created to read:
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SECTION 16
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11.0602 (2) (b) An independent expenditure committee that triggers the
registration requirement under sub. (1) (b) shall file the registration statement no
later than the 10th business day commencing after making a disbursement or
incurring an obligation for the purpose of making a mass communication.
SECTION 17. 11.0604 (1) (a) 12. of the statutes is created to read:
11.0604 (1) (a) 12. In the case of an independent expenditure committee that
has made a mass communication, a report containing all of the following information
with respect to any obligation to make a disbursement incurred or any disbursement
made for the purpose of making such a communication:
a. The date on which the disbursement was made or the obligation was
incurred.
b. The amount of the disbursement or obligation.
c. The name and address of the person to whom the disbursement was made
or the obligation was incurred.
SECTION 18. 11.0902 (1) of the statutes is renumbered 11.0902 (1) (intro.) and
amended to read:
11.0902 (1) (intro.) Every A recall committee that to which any of the following
applies shall file a registration statement giving the information required by s.
11.0903:
(a) The recall committee makes or accepts contributions, makes
disbursements, or incurs obligations to support or oppose a recall in a calendar year
in an aggregate amount in excess of $2,000 shall file a registration statement giving
the information required by s. 11.0903.
SECTION 19. 11.0902 (1) (b) of the statutes is created to read:
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SECTION 19 ASSEMBLY BILL 911
11.0902 (1) (b) The recall committee makes a disbursement or incurs an
obligation for the purpose of making a mass communication.
SECTION 20. 11.0902 (2) of the statutes is renumbered 11.0902 (2) (a) and
amended to read:
11.0902 (2) (a) A recall committee that triggers the registration requirement
under sub. (1) (a) shall file the registration statement no later than the 10th business
day commencing after receipt of the first contribution by the recall committee
exceeding the amount specified under sub. (1) (a), before making any disbursement
exceeding that amount, and before incurring obligations exceeding that amount.
SECTION 21. 11.0902 (2) (b) of the statutes is created to read:
11.0902 (2) (b) A recall committee that triggers the registration requirement
under sub. (1) (b) shall file the registration statement no later than the 10th business
day commencing after making a disbursement or incurring an obligation for the
purpose of making a mass communication.
SECTION 22. 11.0904 (1) (a) 12. of the statutes is created to read:
11.0904 (1) (a) 12. In the case of a recall committee that has made a mass
communication, a report containing all of the following information with respect to
any obligation to make a disbursement incurred or any disbursement made for the
purpose of making such a communication:
a. The date on which the disbursement was made or the obligation was
incurred.
b. The amount of the disbursement or obligation.
c. The name and address of the person to whom the disbursement was made
or the obligation was incurred.
SECTION 23. 11.1002 of the statutes is created to read:
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SECTION 23
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11.1002 Reporting; certain mass communications. (1) Any person, other
than an individual, who makes an expenditure or a disbursement or incurs an
obligation of $500 or more in the aggregate for the purpose of making a mass
communication shall, within 24 hours after making the disbursement or incurring
the obligation, report the disbursement or obligation to the appropriate filing officer.
(2) A person who makes a disbursement or incurs an obligation described in
sub. (1) shall include all of the following in the report:
(a) An itemized statement giving the date, full name, and street address of each
person who made a contribution to the person making the mass communication for
the purpose of making the mass communication, together with the amount of the
contribution.
(b) The occupation, if any, of each individual contributor whose cumulative
contributions to the person making the mass communication for the purpose
specified under par. (a) are in excess of $200.
(c) An itemized statement of each contribution made anonymously to the
person making the mass communication. If the contribution exceeds $10, the person
making the mass communication shall specify whether the person donated the
contribution to the common school fund or to a charitable organization, and shall
include the full name and mailing address of the donee.
(d) The date on which the disbursement was made or the obligation was
incurred.
(e) The amount of the disbursement or obligation.
(f) The name and address of the person to whom the disbursement was made
or the obligation was incurred.
SECTION 24. 11.1108 of the statutes is amended to read:
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SECTION 24 ASSEMBLY BILL 911
11.1108 Anonymous contributions. No committee and no person required
to report under s. 11.1002 may accept an anonymous contribution exceeding $10. If
an anonymous contribution exceeds $10, the committee shall donate the
contribution to the common school fund or to a charitable organization and report the
donation as required under this chapter.
SECTION 25.0Initial applicability.
(1) This act first applies to contributions or disbursements made or obligations
incurred for the purpose of making a mass communication, as defined in s. 11.0101
(20), on the effective date of this subsection.
(END)
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