Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: November 9, 2023 Contact: Katie Bender-Olson, Principal Attorney
2023 Senate Bill 408 Senate Amendment 1
2023 SENATE BILL 408
Senate Bill 408 creates several exceptions to the “50-piece rule,” which prohibits state and local elected
officials from using public funds for distributing 50 or more pieces of substantially identical material
between the first day for circulating nomination papers and the date of the election.
First, the bill provides that the 50-piece rule applies to a member of the Assembly who is running for
partisan office after the deadline for filing nomination papers (June 1), rather than the first day for
circulating nomination papers (April 15). Second, the bill increases the limit to 150 pieces for state
Senators and first applies the limit after the deadline for filing nomination papers, rather than the first
day for circulating nomination papers. Third, the bill creates an exception to the 50-piece rule during a
declared state of emergency for an elected official representing any part of the territory subject to the
emergency declaration, if the materials substantially relate to the emergency.
Finally, Senate Bill 408 creates new penalties for a violation of the 50-piece rule that vary depending on
how close in time a violation occurs to the deadline when the prohibition applies. Under the bill, a
violation is punishable by a formal warning of the Ethics Commission, a $100 forfeiture, or a $500
forfeiture.
SENATE AMENDMENT 1
Senate Amendment 1 creates an additional exception from the 50-piece rule for communications
between legislators and communications between legislators and partisan or nonpartisan staff.
1
The
amendment also clarifies that a special election does not trigger the 150-piece rule for a state Senator
unless the Senator is a candidate at that election.
BILL HISTORY
Senator Knodl offered Senate Amendment 1 on October 30, 2023. On November 8, 2023, the Senate
Committee on Shared Revenue, Elections, and Consumer Protection adopted the amendment, and
passed the bill, as amended, on votes of Ayes, 5; Noes, 0.
For a full history of the bill, visit the Legislature’s bill history page.
KBO:jal
1
Current law provides an exception for certain communications between members of the Legislature, but the exception
only applies if the communication is about the legislative or deliberative process and occurs while the Legislature is in
session. [s. 11.1205 (2) (c), Stats.]