AB536: Bill Text

LRB-4465/1

JK:cdc

2021 - 2022 LEGISLATURE

2021 Assembly BILL 536

September 10, 2021 - Introduced by Representatives Subeck, Stubbs, Brostoff, Anderson, Sinicki, Andraca, Baldeh, Cabrera, Conley, Considine, Hebl, Hesselbein, Milroy, Neubauer, Ohnstad, Pope, Shankland, Shelton, Snodgrass and Spreitzer, cosponsored by Senators Larson, Agard, Carpenter, Roys and Johnson. Referred to Committee on Campaigns and Elections.

AB536,1,7 An Act to renumber and amend 11.0502 (1), 11.0502 (2), 11.0602 (1), 11.0602 (2), 11.0902 (1) and 11.0902 (2); to amend 11.1108; and to create 11.0101 (20), 11.0101 (20d), 11.0101 (20g), 11.0101 (20r), 11.0204 (1) (a) 12., 11.0304 (1) (a) 12., 11.0404 (1) (a) 12., 11.0502 (1) (b), 11.0502 (2) (b), 11.0504 (1) (a) 12., 11.0602 (1) (b), 11.0602 (2) (b), 11.0604 (1) (a) 12., 11.0902 (1) (b), 11.0902 (2) (b), 11.0904 (1) (a) 12. and 11.1002 of the statutes; relating to: reporting of mass communications.

Analysis by the Legislative Reference Bureau

Current law requires a committee that wishes to engage in certain campaign finance activities to register with the Ethics Commission and to report information about contributions, expenditures, and obligations related to campaigns. The trigger for registration varies depending on the nature of the committee. For example, a candidate committee must register as soon as practicable after the individual qualifies as a candidate; a legislative campaign committee must register before making or accepting contributions, making disbursements, or incurring obligations to support or oppose a candidate; and political action committees and independent expenditure committees must register after making or accepting contributions, disbursements, or obligations in an aggregate amount in excess of $2,500.

This bill requires a political action committee, an independent expenditure committee, and a recall committee to register if the committee makes a disbursement or incurs an obligation on a mass communication. The bill also requires all registered committees, other than a referendum committee or a conduit, to include on their campaign finance reports information about disbursements made or obligations incurred on a mass communication.

The bill also requires a person who is not a committee but who makes a disbursement of $500 or more on a mass communication to report that information and other information related to the mass communication within 24 hours.

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, if the communication 1) is made within 60 days before an election; 2) includes a reference to a clearly identified candidate whose name will appear on the ballot for that election; and 3) is susceptible of no reasonable interpretation other than as an appeal to vote for or against the candidate. The bill requires the person making the disbursement to report information including the name and address of the person that received the disbursement for the mass communication and the amount of the disbursement or obligation.

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

AB536,1 Section 1. 11.0101 (20) of the statutes is created to read:

AB536,2,6 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, if all of the following apply to the communication:

AB536,2,8 (a) The communication is made during the period beginning on the 60th day preceding an election and ending on the date of that election.

AB536,2,11 (b) The communication includes a reference to a clearly identified candidate whose name is certified under s. 7.08 (2) (a) or 8.05 (1) (d) to appear on the ballot at that election.

AB536,3,2 (c) The communication is susceptible of no reasonable interpretation other than as an appeal to vote for or against the candidate.

AB536,2 Section 2. 11.0101 (20d) of the statutes is created to read:

AB536,3,5 11.0101 (20d) “Mass distribution" means the distribution of 500 or more pieces of substantially identical material.

AB536,3 Section 3. 11.0101 (20g) of the statutes is created to read:

AB536,3,9 11.0101 (20g) “Mass electronic communication" means the transmission of 500 or more pieces of substantially identical material by means of electronic mail or facsimile transmission.

AB536,4 Section 4. 11.0101 (20r) of the statutes is created to read:

AB536,3,12 11.0101 (20r) “Mass telephoning" means the making of 500 or more telephone calls conveying a substantially identical message.

AB536,5 Section 5 . 11.0204 (1) (a) 12. of the statutes is created to read:

AB536,3,17 11.0204 (1) (a) 12. In the case of a candidate committee that has made a mass communication, a report containing all of the following information with respect to any obligation to make a disbursement incurred or any disbursement made for the purpose of making such a communication:

AB536,3,19 a. The date on which the disbursement was made or the obligation was incurred.

AB536,3,20 b. The amount of the disbursement or obligation.

AB536,3,22 c. The name and address of the person to whom the disbursement was made or the obligation was incurred.

AB536,6 Section 6 . 11.0304 (1) (a) 12. of the statutes is created to read:

AB536,4,2 11.0304 (1) (a) 12. In the case of a political party that has made a mass communication, a report containing all of the following information with respect to any obligation to make a disbursement incurred or any disbursement made for the purpose of making such a communication:

AB536,4,4 a. The date on which the disbursement was made or the obligation was incurred.

AB536,4,5 b. The amount of the disbursement or obligation.

AB536,4,7 c. The name and address of the person to whom the disbursement was made or the obligation was incurred.

AB536,7 Section 7 . 11.0404 (1) (a) 12. of the statutes is created to read:

AB536,4,12 11.0404 (1) (a) 12. In the case of a legislative campaign committee that has made a mass communication, a report containing all of the following information with respect to any obligation to make a disbursement incurred or any disbursement made for the purpose of making such a communication:

AB536,4,14 a. The date on which the disbursement was made or the obligation was incurred.

AB536,4,15 b. The amount of the disbursement or obligation.

AB536,4,17 c. The name and address of the person to whom the disbursement was made or the obligation was incurred.

AB536,8 Section 8 . 11.0502 (1) of the statutes is renumbered 11.0502 (1) (intro.) and amended to read:

AB536,4,22 11.0502 (1) (intro.) Every A political action committee that to which any of the following applies shall file a registration statement giving the information required by s. 11.0503:

AB536,5,2 (a) The political action committee makes or accepts contributions, makes disbursements, or incurs obligations to support or oppose a candidate in a calendar year in an aggregate amount in excess of $2,500 shall file a registration statement giving the information required by s. 11.0503.

AB536,9 Section 9 . 11.0502 (1) (b) of the statutes is created to read:

AB536,5,5 11.0502 (1) (b) The political action committee makes a disbursement or incurs an obligation for the purpose of making a mass communication.

AB536,10 Section 10 . 11.0502 (2) of the statutes is renumbered 11.0502 (2) (a) and amended to read:

AB536,5,13 11.0502 (2) (a) A political action committee that triggers the registration requirement under sub. (1) (a) shall file the registration statement no later than the 10th business day commencing after receipt of the first contribution by the political action committee exceeding the amount specified under sub. (1) (a), before making any disbursement exceeding that amount, and before incurring obligations exceeding that amount.

AB536,11 Section 11 . 11.0502 (2) (b) of the statutes is created to read:

AB536,5,18 11.0502 (2) (b) A political action committee that triggers the registration requirement under sub. (1) (b) shall file the registration statement no later than the 10th business day commencing after making a disbursement or incurring an obligation for the purpose of making a mass communication.

AB536,12 Section 12 . 11.0504 (1) (a) 12. of the statutes is created to read:

AB536,5,23 11.0504 (1) (a) 12. In the case of a political action committee that has made a mass communication, a report containing all of the following information with respect to any obligation to make a disbursement incurred or any disbursement made for the purpose of making such a communication: