Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB408 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Date of enactment: March 8, 2024
2		-	2023 Senate Bill 408 Date of publication*: March 9, 2024
3		-	2023 WISCONSIN ACT 105
4		-	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),
5		-	11.1205 (1) (c) and 11.1205 (1) (d) of the statutes; relating to: public funds for substantially identical materials dis-
6		-	tributed by state senators and representatives to the assembly prior to a general election and providing a penalty.
7		-	The people of the state of Wisconsin, represented in
8		-	senate and assembly, do enact as follows:
9		-	SECTION 1. 11.1205 (1) (a) (intro.) of the statutes is
10		-	amended to read:
11		-	11.1205 (1) (a) (intro.) Except as provided in pars.
12		-	(am) and (ar) and sub. (2), no person elected to state or
13		-	local office who becomes a candidate for national, state,
14		-	or local office may use public funds for the cost of materi-
15		-	als or distribution for 50 or more pieces of substantially
16		-	identical material distributed after:
17		-	SECTION 2. 11.1205 (1) (am) of the statutes is created
18		-	to read:
19		-	11.1205 (1) (am) 1. The 50−piece limitation under
20		-	par. (a) applies to a representative to the assembly who
21		-	becomes a candidate at an election for partisan office
22		-	only after the last day authorized by law for filing nomi-
23		-	nation papers for that election.
24		-	2. With respect to any election for partisan office, a
25		-	state senator who becomes a candidate at that election
26		-	may not use public funds for the cost of materials or dis-
27		-	tribution for 150 or more pieces of substantially identical
28		-	material distributed after the last day authorized by law
29		-	for filing nomination papers for that election.
30		-	SECTION 3. 11.1205 (1) (ar) of the statutes is created
31		-	to read:
32		-	11.1205 (1) (ar) This subsection does not apply dur-
33		-	ing a state of emergency declared by the federal govern-
34		-	ment, by the governor under s. 323.10, or by a local gov-
35		-	ernment under s. 323.11 with respect to any elective
36		-	office representing any part of the territory that is subject
37		-	to the emergency declaration if the materials distributed
38		-	are substantially related to the emergency or a govern-
39		-	ment order issued in connection with the emergency.
40		-	SECTION 4. 11.1205 (1) (c) of the statutes is created
41		-	to read:
42		-	11.1205 (1) (c) No legislative rule may impose limits
43		-	on the use of public funds by members of the legislature
44		-	for the cost of materials or distribution of pieces of sub-
45		-	stantially identical material that are more restrictive than
46		-	the limits imposed under pars. (a) and (am).
47		-	SECTION 5. 11.1205 (1) (d) of the statutes is created
48		-	to read:
49		-	11.1205 (1) (d) Notwithstanding ss. 11.1400 (1) and
50		-	11.1401 (1) (c) 1., violations of this section shall be pun-
51		-	ished as follows:
52		-	1. A violation that occurs on or before the 7th busi-
53		-	ness day after the applicable deadline is punishable by a
54		-	formal warning of the commission, which the commis-
55		-	sion shall publish on its Internet site.
56		-	* 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
57		-	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 105 2023 Senate Bill 408
58		-	2. A violation that occurs after the 7th business day
59		-	and on or before the 14th business day after the applicable
60		-	deadline is punishable by a $100 forfeiture. A forfeiture
61		-	under this subdivision may not be paid from campaign
62		-	funds in the candidate’s candidate committee depository
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 408
	5	+	September 8, 2023 - Introduced by Senators K NODL, MARKLEIN and NASS,
	6	+	cosponsored by Representatives STEFFEN, MURPHY, O'CONNOR, PRONSCHINSKE,
	7	+	SINICKI and WICHGERS. Referred to Committee on Shared Revenue, Elections
	8	+	and Consumer Protection.
	9	+	AN ACT to amend 11.1205 (1) (a) (intro.); and to create 11.1205 (1) (am), 11.1205
	10	+	(1) (ar), 11.1205 (1) (c) and 11.1205 (1) (d) of the statutes; relating to: public
	11	+	funds for substantially identical materials distributed by state senators and
	12	+	representatives to the assembly prior to a general election and providing a
	13	+	penalty.
	14	+	Analysis by the Legislative Reference Bureau
	15	+	Under current law, no person elected to state or local office who becomes a
	16	+	candidate for national, state, or local office may use public funds for the cost of
	17	+	materials or distribution for 50 or more pieces of substantially identical material
	18	+	distributed after the following:
	19	+	1. In the case of a candidate who is nominated by nomination papers, the first
	20	+	day authorized by law for circulation of nomination papers as a candidate.
	21	+	2. In the case of a candidate who is nominated at a primary election by write-in
	22	+	votes, the day the board of canvassers issues its determination that the person is
	23	+	nominated.
	24	+	3. In the case of a candidate who is nominated at a caucus, the date of the
	25	+	caucus.
	26	+	4. In the case of any other candidate who is nominated solely by filing a
	27	+	declaration of candidacy, the first day of the month preceding the month that
	28	+	includes the last day for filing the declaration.
	29	+	Under this bill, that 50-piece limitation applies to a representative to the
	30	+	assembly who becomes a candidate at an election for partisan office only after the last
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	37	+	SENATE BILL 408
	38	+	day authorized by law for filing nomination papers for that election. Additionally,
	39	+	under the bill, with respect to any election for partisan office, a state senator,
	40	+	regardless of whether the senator becomes a candidate at that election, may not use
	41	+	public funds for the cost of materials or distribution for 150 or more pieces of
	42	+	substantially identical material distributed after the last day authorized by law for
	43	+	filing nomination papers for that election.
	44	+	The bill establishes penalties for violation of all of the above requirements,
	45	+	whether under current law or under the bill.
	46	+	The bill also provides that all of the above requirements, whether under current
	47	+	law or under the bill, do not apply during a state of emergency declared by the federal
	48	+	government, the governor, or a local government with respect to any elective office
	49	+	representing any part of the territory that is subject to the emergency declaration if
	50	+	the materials distributed are substantially related to the emergency or a government
	51	+	order issued in connection with the emergency.
	52	+	The people of the state of Wisconsin, represented in senate and assembly, do
	53	+	enact as follows:
	54	+	SECTION 1. 11.1205 (1) (a) (intro.) of the statutes is amended to read:
	55	+	11.1205 (1) (a) (intro.) Except as provided in pars. (am) and (ar) and sub. (2),
	56	+	no person elected to state or local office who becomes a candidate for national, state,
	57	+	or local office may use public funds for the cost of materials or distribution for 50 or
	58	+	more pieces of substantially identical material distributed after:
	59	+	SECTION 2. 11.1205 (1) (am) of the statutes is created to read:
	60	+	11.1205 (1) (am) 1. The 50-piece limitation under par. (a) applies to a
	61	+	representative to the assembly who becomes a candidate at an election for partisan
	62	+	office only after the last day authorized by law for filing nomination papers for that
	63	+	election.
	64	+	2. With respect to any election for partisan office, a state senator, regardless
	65	+	of whether the senator becomes a candidate at that election, may not use public funds
	66	+	for the cost of materials or distribution for 150 or more pieces of substantially
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	82	+	SECTION 2
	83	+	SENATE BILL 408
	84	+	identical material distributed after the last day authorized by law for filing
	85	+	nomination papers for that election.
	86	+	SECTION 3. 11.1205 (1) (ar) of the statutes is created to read:
	87	+	11.1205 (1) (ar) This subsection does not apply during a state of emergency
	88	+	declared by the federal government, by the governor under s. 323.10, or by a local
	89	+	government under s. 323.11 with respect to any elective office representing any part
	90	+	of the territory that is subject to the emergency declaration if the materials
	91	+	distributed are substantially related to the emergency or a government order issued
	92	+	in connection with the emergency.
	93	+	SECTION 4. 11.1205 (1) (c) of the statutes is created to read:
	94	+	11.1205 (1) (c) No legislative rule may impose limits on the use of public funds
	95	+	by members of the legislature for the cost of materials or distribution of pieces of
	96	+	substantially identical material that are more restrictive than the limits imposed
	97	+	under pars. (a) and (am).
	98	+	SECTION 5. 11.1205 (1) (d) of the statutes is created to read:
	99	+	11.1205 (1) (d) Notwithstanding s. 11.1401 (1) (a), violations of this section
	100	+	shall be punished as follows:
	101	+	1. A violation that occurs on or before the 7th business day after the applicable
	102	+	deadline is punishable by a formal warning of the commission, which the commission
	103	+	shall publish on its Internet site.
	104	+	2. A violation that occurs after the 7th business day and on or before the 14th
	105	+	business day after the applicable deadline is punishable by a $100 forfeiture. A
	106	+	forfeiture under this subdivision may not be paid from a candidate's campaign
63	107		account.
64		-	3. A violation that occurs after the 14th business day
65		-	after the applicable deadline is punishable by a $500 for-
66		-	feiture. A forfeiture under this subdivision may not be
67		-	paid from campaign funds in the candidate’s candidate
68		-	committee depository account.
69		-	SECTION 5d. 11.1205 (2) (c) of the statutes is
70		-	amended to read:
71		-	11.1205 (2) (c) Communications between members
72		-	of the legislature regarding the legislative or deliberative
73		-	process while the legislature is in session, or between
74		-	members of the legislature and partisan or nonpartisan
75		-	legislative staff.
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	133	+	SECTION 5 SENATE BILL 408
	134	+	3. A violation that occurs after the 14th business day after the applicable
	135	+	deadline is punishable by a $500 forfeiture. A forfeiture under this subdivision may
	136	+	not be paid from a candidate's campaign account.
76	137		SECTION 6.0Initial applicability.
77		-	(1) This act first applies to the 2024 general election.
	138	+	(1) This act first applies to the 2024 general election.
	139	+	(END)
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