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2023 - 2024 LEGISLATURE
2023 SENATE BILL 408
September 8, 2023 - Introduced by Senators K NODL, MARKLEIN and NASS,
cosponsored by Representatives STEFFEN, MURPHY, O'CONNOR, PRONSCHINSKE,
SINICKI and WICHGERS. Referred to Committee on Shared Revenue, Elections
and Consumer Protection.
AN ACT to amend 11.1205 (1) (a) (intro.); and to create 11.1205 (1) (am), 11.1205
(1) (ar), 11.1205 (1) (c) and 11.1205 (1) (d) of the statutes; relating to: public
funds for substantially identical materials distributed by state senators and
representatives to the assembly prior to a general election and providing a
penalty.
Analysis by the Legislative Reference Bureau
Under current law, no person elected to state or local office who becomes a
candidate for national, state, or local office may use public funds for the cost of
materials or distribution for 50 or more pieces of substantially identical material
distributed after the following:
1. In the case of a candidate who is nominated by nomination papers, the first
day authorized by law for circulation of nomination papers as a candidate.
2. In the case of a candidate who is nominated at a primary election by write-in
votes, the day the board of canvassers issues its determination that the person is
nominated.
3. In the case of a candidate who is nominated at a caucus, the date of the
caucus.
4. In the case of any other candidate who is nominated solely by filing a
declaration of candidacy, the first day of the month preceding the month that
includes the last day for filing the declaration.
Under this bill, that 50-piece limitation applies to a representative to the
assembly who becomes a candidate at an election for partisan office only after the last
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day authorized by law for filing nomination papers for that election. Additionally,
under the bill, with respect to any election for partisan office, a state senator,
regardless of whether the senator becomes a candidate at that election, may not use
public funds for the cost of materials or distribution for 150 or more pieces of
substantially identical material distributed after the last day authorized by law for
filing nomination papers for that election.
The bill establishes penalties for violation of all of the above requirements,
whether under current law or under the bill.
The bill also provides that all of the above requirements, whether under current
law or under the bill, do not apply during a state of emergency declared by the federal
government, the governor, or a local government with respect to any elective office
representing any part of the territory that is subject to the emergency declaration if
the materials distributed are substantially related to the emergency or a government
order issued in connection with the emergency.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 11.1205 (1) (a) (intro.) of the statutes is amended to read:
11.1205 (1) (a) (intro.) Except as provided in pars. (am) and (ar) and sub. (2),
no person elected to state or local office who becomes a candidate for national, state,
or local office may use public funds for the cost of materials or distribution for 50 or
more pieces of substantially identical material distributed after:
SECTION 2. 11.1205 (1) (am) of the statutes is created to read:
11.1205 (1) (am) 1. The 50-piece limitation under par. (a) applies to a
representative to the assembly who becomes a candidate at an election for partisan
office only after the last day authorized by law for filing nomination papers for that
election.
2. With respect to any election for partisan office, a state senator, regardless
of whether the senator becomes a candidate at that election, may not use public funds
for the cost of materials or distribution for 150 or more pieces of substantially
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SENATE BILL 408
identical material distributed after the last day authorized by law for filing
nomination papers for that election.
SECTION 3. 11.1205 (1) (ar) of the statutes is created to read:
11.1205 (1) (ar) This subsection does not apply during a state of emergency
declared by the federal government, by the governor under s. 323.10, or by a local
government under s. 323.11 with respect to any elective office representing any part
of the territory that is subject to the emergency declaration if the materials
distributed are substantially related to the emergency or a government order issued
in connection with the emergency.
SECTION 4. 11.1205 (1) (c) of the statutes is created to read:
11.1205 (1) (c) No legislative rule may impose limits on the use of public funds
by members of the legislature for the cost of materials or distribution of pieces of
substantially identical material that are more restrictive than the limits imposed
under pars. (a) and (am).
SECTION 5. 11.1205 (1) (d) of the statutes is created to read:
11.1205 (1) (d) Notwithstanding s. 11.1401 (1) (a), violations of this section
shall be punished as follows:
1. A violation that occurs on or before the 7th business day after the applicable
deadline is punishable by a formal warning of the commission, which the commission
shall publish on its Internet site.
2. A violation that occurs after the 7th business day and on or before the 14th
business day after the applicable deadline is punishable by a $100 forfeiture. A
forfeiture under this subdivision may not be paid from a candidate's campaign
account.
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SECTION 5 SENATE BILL 408
3. A violation that occurs after the 14th business day after the applicable
deadline is punishable by a $500 forfeiture. A forfeiture under this subdivision may
not be paid from a candidate's campaign account.
SECTION 6.0Initial applicability.
(1) This act first applies to the 2024 general election.
(END)
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