Wisconsin Legislative Council
ACT 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
Prepared by: Katie Bender-Olson, Principal Attorney March 18, 2024
2023 Wisconsin Act 105
[2023 Senate Bill 408]
Changes to the “50-Piece Rule”
BACKGROUND
State law prohibits state and local elected officials who are running for office from using public funds to
distribute 50 or more pieces of substantially identical material between the first day for circulating
nomination papers and the date of the election. This prohibition is commonly referred to as the “50-
piece rule.” For legislators running for reelection, the prohibition currently applies from the first date
for circulating nomination papers (April 15) through the General Election in November.
Prior state law provided several exceptions, allowing elected officials to use public funds to distribute
more than 50 pieces during the prohibited period, if the materials were addressed to certain recipients
or included certain content. Specifically, the exceptions were for responses to constituents, directed
actions of administrative officers, communications between legislators regarding the legislative or
deliberative process during the legislative session, and communications about special or extraordinary
session.
2023 WISCONSIN ACT 105
Act 105 creates a 150-piece rule for state Senators, shortens the period during which the rule applies to
legislators, creates additional exceptions, prohibits the Legislature from adopting more restrictive
legislative rules, and alters the penalties for a violation. The provisions first apply to the 2024 General
Election.
Increased Limit – State Senators
Act 105 also changes the piece limit that applies to state Senators running for partisan office. For these
Senators, the act expands the number of substantially identical materials that can be created and
distributed with public funds to 150 pieces, rather than 50.
Delayed Trigger Date - State Representatives and State Senators
The act changes the date on which the prohibition against using public funds to distribute substantially
identical materials first applies to a legislator who is running for a partisan office. For an Assembly
member running for partisan office, the 50-piece rule first applies after the last day for filing
nomination papers (June 1), rather than the first day for circulating nomination papers (April 15).
Similarly, for a state Senator running for partisan office, the new 150-piece rule first applies after the
last day for filing nomination papers, rather than the first day for circulating nomination papers.
Exception for Legislative Communications
Act 105 expands the prior exception for legislative communications. Prior law allowed legislators to
send 5o or more substantially similar materials to other members of the Legislature, even during - 2 -
campaign season, if the communication was about the legislative or deliberative process and occurred
while the Legislature was in session.
The act expands the exception to cover any communications between legislators or between legislators
and partisan or nonpartisan legislative staff, and eliminates the requirements that the communications
occur during session and address certain topics.
Exception for Communications About a Declared State of Emergency
Act 105 creates an exception for materials relating to a declared state of emergency. Under the act, an
elected official representing any part of territory subject to an emergency declaration made by the
federal government, the Governor, or a local government may use public funds to send unlimited
materials, even during campaign season. To qualify for the exception, the materials must be
substantially related to the emergency or to a government order issued in connection with the
emergency.
Prohibited Legislative Rules
The act prohibits the Legislature from adopting rules more restrictive than state law. Specifically, the
language prohibits any legislative rule from imposing limits on the use of public funds by legislators for
substantially identical material that is more restrictive than the limits provided under s. 11.1205 (1) (a)
and (am), Stats.
Modified Penalties for Violations
Act 105 changes the penalties for a violation of the 50-piece rule (or 150-piece rule for Senators) that
vary depending on how close in time a violation occurs to the trigger date when the prohibition applies.
Under prior law, a violation of the 50-piece rule was subject to a civil penalty of a forfeiture up to $500
for each violation, or subject to a criminal penalty of imprisonment of six months or less, a fine of
$1,000 or less, or both.
The act instead provides that a violation occurring within the first seven business days after the trigger
date is punishable by a formal warning from the Wisconsin Ethics Commission published on its
website. A violation occurring between the seventh and 14
th
business days after the trigger date is
punishable by a $100 forfeiture. Finally, a violation occurring more than 14 business days after the
trigger date is punishable by a $500 forfeiture. An official cannot pay any forfeiture from his or her
candidate committee depository account.
Effective date: March 10, 2024
For a full history of the bill, visit the Legislature’s bill history page.
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