Date of enactment:
2023 Senate Bill 408 Date of publication*:
2023 WISCONSIN ACT
AN ACT to amend 11.1205 (1) (a) (intro.) and 11.1205 (2) (c); 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 dis-
tributed by state senators and representatives to the assembly prior to a general election and providing a penalty.
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 materi-
als 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 nomi-
nation 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 identical material distributed after the
last day authorized by law for filing nomination papers
for that election. This subdivision applies to a special
election only if the senator becomes a candidate in that
election.
SECTION 3. 11.1205 (1) (ar) of the statutes is created
to read:
11.1205 (1) (ar) This subsection does not apply dur-
ing a state of emergency declared by the federal govern-
ment, by the governor under s. 323.10, or by a local gov-
ernment 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 govern-
ment 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 sub-
stantially 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 ss. 11.1400 (1) and
11.1401 (1) (c) 1., violations of this section shall be pun-
ished as follows:
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 408
1. A violation that occurs on or before the 7th busi-
ness day after the applicable deadline is punishable by a
formal warning of the commission, which the commis-
sion 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 campaign
funds in the candidate’s candidate committee depository
account.
3. A violation that occurs after the 14th business day
after the applicable deadline is punishable by a $500 for-
feiture. A forfeiture under this subdivision may not be
paid from campaign funds in the candidate’s candidate
committee depository account.
SECTION 5d. 11.1205 (2) (c) of the statutes is
amended to read:
11.1205 (2) (c) Communications between members
of the legislature regarding the legislative or deliberative
process while the legislature is in session, or between
members of the legislature and partisan or nonpartisan
legislative staff.
SECTION 6.0Initial applicability.
(1) This act first applies to the 2024 general election.