SB79: Bill Text

2019 Senate BILL 79

March 1, 2019 - Introduced by Senators Larson, Bewley, Carpenter, Johnson and Smith, cosponsored by Representatives Anderson, Brostoff, Cabrera, Considine, Crowley, Sargent, Shankland, Sinicki, Spreitzer, Subeck, Vruwink and Zamarripa. Referred to Committee on Elections, Ethics and Rural Issues.

SB79,1,4 An Act to repeal 11.1203 (2) (a) 1.; to consolidate, renumber and amend 11.1203 (2) (a) (intro.) and 2.; to amend 11.1203 (title) and 11.1203 (3) (intro.); and to create 11.0101 (20), 11.0101 (20d), 11.0101 (20e), 11.0101 (20f) and 11.1203 (4) of the statutes; relating to: coordination of mass communications.

Analysis by the Legislative Reference Bureau

This bill prohibits a political action committee, independent expenditure committee, or other person from making expenditures for certain mass communications that are coordinated with a candidate or the candidate's agent or the legislative campaign committee or political party of the candidate's political party in violation of the contribution limits and source restrictions applicable to the candidate. Current law imposes this same prohibition on expenditures for express advocacy that are coordinated with a candidate, the candidate's agent, or with an LCC or PP. Under current law, an expenditure is coordinated if either of the following applies: 1) the candidate, candidate's agent, LCC, or PP communicates directly with and specifically requests that the PAC, IEC, or other person make the expenditure and the PAC, IEC, or other person explicitly assents to the request before making the expenditure; or 2) the candidate, candidate's agent, LCC, or PP exercises control over the expenditure or the content, timing, location, form, intended audience, number, or frequency of the communication.

This bill eliminates the definition of coordination applicable to express advocacy expenditures and creates new definitions for coordination that apply to expenditures for express advocacy and to expenditures for a mass communication. The bill provides that an expenditure for express advocacy is coordinated if the candidate, candidate's agent, LCC, or PP exercises control over or engages in substantial discussions or negotiations with the person making the expenditure regarding the content, timing, location, form, intended audience, or frequency of the communication. Similarly, the bill specifies that a mass communication is coordinated if the candidate, the candidate's agent, or the LCC or PP exercises control over or engages in substantial discussions or negotiations with the person making the expenditure regarding the content, timing, location, form, intended audience, or frequency of the mass communication.

The bill defines mass communication as a message that is disseminated by means of one or more communications media, a mass electronic communication, a mass distribution, or a mass telephoning, but not including a bona fide poll conducted for the purpose of objectively identifying or collecting data concerning the attitude or preference of electors. The bill requires the person making the disbursement to report information including the name and address of the person that received the disbursement and whether the person making the disbursement for the mass communication coordinated with the candidate.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB79,1 Section 1. 11.0101 (20) of the statutes is created to read:

SB79,2,6 11.0101 (20) “Mass communication" means a message that is disseminated by means of one or more communications media, a mass electronic communication, a mass distribution, or a mass telephoning, but not including a bona fide poll conducted for the purpose of objectively identifying or collecting data concerning the attitudes or preferences of electors.

SB79,2 Section 2. 11.0101 (20d) of the statutes is created to read:

SB79,2,9 11.0101 (20d) “Mass distribution" means the distribution of 500 or more pieces of substantially identical material.

SB79,3 Section 3. 11.0101 (20e) of the statutes is created to read:

SB79,2,13 11.0101 (20e) “Mass electronic communication" means the transmission of 500 or more pieces of substantially identical material by means of electronic mail or facsimile transmission.

SB79,4 Section 4. 11.0101 (20f) of the statutes is created to read:

SB79,3,3 11.0101 (20f) “Mass telephoning" means the making of 500 or more telephone calls conveying a substantially identical message.

SB79,5 Section 5 . 11.1203 (title) of the statutes is amended to read:

SB79,3,6 11.1203 (title) Coordination of expenditures for express advocacy; coordination of expenditures for mass communications.

SB79,6 Section 6 . 11.1203 (2) (a) (intro.) and 2. of the statutes are consolidated, renumbered 11.1203 (2) (a) and amended to read:

SB79,3,16 11.1203 (2) (a) For purposes of this section sub. (1), an expenditure for express advocacy is coordinated if any of the following applies: 2. The the candidate, candidate's agent, legislative campaign committee of the candidate's political party, or the candidate's political party exercises control over or engages in substantial discussions or negotiations with the political action committee, independent expenditure committee, other person, or individual making the expenditure or regarding the content, timing, location, form, intended audience, number, or frequency of the communication.

SB79,7 Section 7 . 11.1203 (2) (a) 1. of the statutes is repealed.

SB79,8 Section 8 . 11.1203 (3) (intro.) of the statutes is amended to read:

SB79,3,20 11.1203 (3) (intro.) None of the following are considered coordinated communications prohibited under this section sub. (1):

SB79,9 Section 9 . 11.1203 (4) of the statutes is created to read:

SB79,4,7 11.1203 (4) (a) No political action committee, independent expenditure committee, other person required to report under s. 11.1001, or individual may make an expenditure for a mass communication during the period beginning on the 60th day preceding an election and ending on the date of that election that includes a reference to a clearly identified candidate whose name is certified under s. 7.08 (2) (a) or 8.50 (1) (d) to appear on the ballot at that election and that is susceptible of no reasonable interpretation other than as an appeal to vote for the candidate or against an opponent of the candidate that is coordinated with the candidate, candidate's committee, or candidate's agent, nor with any legislative campaign committee of the candidate's political party, or a political party, in violation of the contribution limits under s. 11.1101 or the source restrictions under s. 11.1112.

SB79,4,14 (b) An expenditure for a mass communication is coordinated if the candidate, candidate's agent, legislative campaign committee of the candidate's political party, or the candidate's political party exercises control over, or engages in, substantial discussions or negotiations with the political action committee, independent expenditure committee, other person, or individual making the expenditure regarding the content, timing, location, form, intended audience, or frequency of the mass communication.

SB79,4,16 (c) If an expenditure for a mass communication is coordinated, but not in violation of the coordination prohibitions under par. (a), all of the following apply:

SB79,4,19 1. The political action committee, independent expenditure committee, or other person making the expenditure shall report the expenditure as required under this chapter.

SB79,4,20 2. The candidate's committee shall report the expenditure as a contribution.

SB79,4,21 (End)