Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB602 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 602
5	5	October 30, 2023 - Introduced by Senators LARSON, CARPENTER, L. JOHNSON,
6	6	HESSELBEIN and SPREITZER, cosponsored by Representatives J. ANDERSON,
7	7	SUBECK, C. ANDERSON, ANDRACA, BALDEH, BARE, BILLINGS, CABRERA, CLANCY,
8	8	CONLEY, DRAKE, EMERSON, JACOBSON, JOERS, MOORE OMOKUNDE, OHNSTAD,
9	9	PALMERI, SHANKLAND, SHELTON, SINICKI and SNODGRASS. Referred to
10	10	Committee on Shared Revenue, Elections and Consumer Protection.
11	11	AN ACT to repeal 11.1203 (2) (a) 1.; to consolidate, renumber and amend
12	12	11.1203 (2) (a) (intro.) and 2.; to amend 11.1203 (title) and 11.1203 (3) (intro.);
13	13	and to create 11.0101 (20), 11.0101 (20d), 11.0101 (20e), 11.0101 (20f) and
14	14	11.1203 (4) of the statutes; relating to: coordination of mass communications.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill prohibits a political action committee, independent expenditure
17	17	committee, or other person from making expenditures for certain mass
18	18	communications that are coordinated with a candidate or the candidate's agent or
19	19	the legislative campaign committee or political party of the candidate's political
20	20	party in violation of the contribution limits and source restrictions applicable to the
21	21	candidate. Current law imposes this same prohibition on expenditures for express
22	22	advocacy that are coordinated with a candidate, the candidate's agent, or an LCC or
23	23	PP. Under current law, an expenditure is coordinated if either of the following
24	24	applies: 1) the candidate, candidate's agent, LCC, or PP communicates directly with
25	25	and specifically requests that the PAC, IEC, or other person make the expenditure
26	26	and the PAC, IEC, or other person explicitly assents to the request before making the
27	27	expenditure; or 2) the candidate, candidate's agent, LCC, or PP exercises control over
28	28	the expenditure or the content, timing, location, form, intended audience, number,
29	29	or frequency of the communication.
30	30	This bill eliminates the definition of coordination applicable to express
31	31	advocacy expenditures and creates new definitions for coordination that apply to
32	32	expenditures for express advocacy and to expenditures for a mass communication.
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38	38	SENATE BILL 602
39	39	The bill provides that an expenditure for express advocacy is coordinated if the
40	40	candidate, candidate's agent, LCC, or PP exercises control over or engages in
41	41	substantial discussions or negotiations with the person making the expenditure
42	42	regarding the content, timing, location, form, intended audience, or frequency of the
43	43	communication. Similarly, the bill specifies that a mass communication is
44	44	coordinated if the candidate, the candidate's agent, or the LCC or PP exercises
45	45	control over or engages in substantial discussions or negotiations with the person
46	46	making the expenditure regarding the content, timing, location, form, intended
47	47	audience, or frequency of the mass communication.
48	48	The bill defines mass communication as a message that is disseminated by
49	49	means of one or more communications media, a mass electronic communication, a
50	50	mass distribution, or a mass telephoning, but not including a bona fide poll
51	51	conducted for the purpose of objectively identifying or collecting data concerning the
52	52	attitude or preference of electors. The bill requires the person making the
53	53	disbursement to report information including the name and address of the person
54	54	that received the disbursement and whether the person making the disbursement
55	55	for the mass communication coordinated with the candidate.
56	56	The people of the state of Wisconsin, represented in senate and assembly, do
57	57	enact as follows:
58	58	SECTION 1. 11.0101 (20) of the statutes is created to read:
59	59	11.0101 (20) “Mass communication" means a message that is disseminated by
60	60	means of one or more communications media, a mass electronic communication, a
61	61	mass distribution, or a mass telephoning, but not including a bona fide poll
62	62	conducted for the purpose of objectively identifying or collecting data concerning the
63	63	attitudes or preferences of electors.
64	64	SECTION 2. 11.0101 (20d) of the statutes is created to read:
65	65	11.0101 (20d) “Mass distribution" means the distribution of 500 or more pieces
66	66	of substantially identical material.
67	67	SECTION 3. 11.0101 (20e) of the statutes is created to read:
68	68	11.0101 (20e) “Mass electronic communication" means the transmission of 500
69	69	or more pieces of substantially identical material by means of electronic mail or
70	70	facsimile transmission.
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86	86	SECTION 4
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88	88	SECTION 4. 11.0101 (20f) of the statutes is created to read:
89	89	11.0101 (20f) “Mass telephoning" means the making of 500 or more telephone
90	90	calls conveying a substantially identical message.
91	91	SECTION 5. 11.1203 (title) of the statutes is amended to read:
92	92	11.1203 (title) Coordination of expenditures for express advocacy;
93	93	coordination of expenditures for mass communications .
94	94	SECTION 6. 11.1203 (2) (a) (intro.) and 2. of the statutes are consolidated,
95	95	renumbered 11.1203 (2) (a) and amended to read:
96	96	11.1203 (2) (a) For purposes of this section sub. (1), an expenditure for express
97	97	advocacy is coordinated if any of the following applies: 2. The the candidate,
98	98	candidate's agent, legislative campaign committee of the candidate's political party,
99	99	or the candidate's political party exercises control over or engages in substantial
100	100	discussions or negotiations with the political action committee, independent
101	101	expenditure committee, other person, or individual making the expenditure or
102	102	regarding the content, timing, location, form, intended audience, number, or
103	103	frequency of the communication.
104	104	SECTION 7. 11.1203 (2) (a) 1. of the statutes is repealed.
105	105	SECTION 8. 11.1203 (3) (intro.) of the statutes is amended to read:
106	106	11.1203 (3) (intro.) None of the following are considered coordinated
107	107	communications prohibited under this section sub. (1):
108	108	SECTION 9. 11.1203 (4) of the statutes is created to read:
109	109	11.1203 (4) (a) No political action committee, independent expenditure
110	110	committee, other person required to report under s. 11.1001, or individual may make
111	111	an expenditure for a mass communication during the period beginning on the 60th
112	112	day preceding an election and ending on the date of that election that includes a
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139	139	SECTION 9 SENATE BILL 602
140	140	reference to a clearly identified candidate whose name is certified under s. 7.08 (2)
141	141	(a) or 8.50 (1) (d) to appear on the ballot at that election and that is susceptible of no
142	142	reasonable interpretation other than as an appeal to vote for the candidate or against
143	143	an opponent of the candidate that is coordinated with the candidate, candidate's
144	144	committee, or candidate's agent, nor with any legislative campaign committee of the
145	145	candidate's political party, or a political party, in violation of the contribution limits
146	146	under s. 11.1101 or the source restrictions under s. 11.1112.
147	147	(b) An expenditure for a mass communication is coordinated if the candidate,
148	148	candidate's agent, legislative campaign committee of the candidate's political party,
149	149	or the candidate's political party exercises control over, or engages in, substantial
150	150	discussions or negotiations with the political action committee, independent
151	151	expenditure committee, other person, or individual making the expenditure
152	152	regarding the content, timing, location, form, intended audience, or frequency of the
153	153	mass communication.
154	154	(c) If an expenditure for a mass communication is coordinated, but not in
155	155	violation of the coordination prohibitions under par. (a), all of the following apply:
156	156	1. The political action committee, independent expenditure committee, or other
157	157	person making the expenditure shall report the expenditure as required under this
158	158	chapter.
159	159	2. The candidate's committee shall report the expenditure as a contribution.
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