11.0505 Reporting; specific express advocacy.

676 words·~3 min read·/wi/chapter-11/11-0505-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Disbursements.

1. For express advocacy that will occur during the period beginning 60 days prior to the spring primary and ending on the date of the spring election, a political action committee spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the spring primary or spring election shall submit statements to the commission under par.

(b)for express advocacy.

2. For express advocacy that will occur during the period beginning 60 days prior to the partisan primary and ending on the date of the general election, a political action committee spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the partisan primary or general election shall submit statements to the commission under par.

(b)for express advocacy as follows:

a. During the period beginning 60 days prior to the partisan primary and ending on the date of the partisan primary.

b. During the period beginning 60 days prior to the general election and ending on the date of the general election.

3. For express advocacy that will occur during the period beginning 60 days prior to a special primary and ending on the date of the special election, a political action committee spending $2,500 or more in the aggregate on express advocacy for one or more candidates at the special primary or special election shall submit statements to the commission under par.

(b)for express advocacy.

(b)A political action committee required to report under this section shall submit statements to the commission providing all of the following information:

1. The dates on which the committee incurred the obligations or made the disbursements.

2. The name and address of the obligees or persons who received the disbursements.

3. The purpose for making the disbursements or incurring the obligations.

4. The amount spent or incurred for each act of express advocacy.

5. The name of any candidate identified in the express advocacy, the office that the candidate seeks, and whether the express advocacy supports or opposes that candidate.

6. An affirmation, made under oath, that the political action committee will comply with the prohibition on coordination under s. 11.1203 with respect to any candidate or agent or candidate committee who is supported or opposed by the express advocacy.

7. The name and mailing and street address of the political action committee’s designated agent in this state.

(2)Exception.

(a)A political action committee that is required to report under this section is not required to submit the information described under sub.

(b)regarding disbursements made before reaching the $2,500 threshold under sub.

(a). For purposes of this section, a disbursement for express advocacy is the amount spent directly on developing, producing, and disseminating the express advocacy.

(b)This section does not apply to any of the following:

1. A communication, other than an advertisement, appearing in a news story, commentary, or editorial distributed through the facilities of any news organization, unless the facilities are controlled by any committee or candidate.

2. A communication made exclusively between an organization and its members. In this subdivision, a member of an organization means a shareholder, employee, or officer of the organization, or an individual who has affirmatively manifested an interest in joining, supporting, or aiding the organization.

(3)Timing. A political action committee that is required to report under this section shall submit the report to the commission no later than 72 hours after the earliest of the following:

(a)The date the obligation for express advocacy is incurred, if the political action committee has the information required to be reported under sub.

(b).

(b)The date the express advocacy is aired, broadcast, printed, or otherwise disseminated to individuals other than any of the following:

1. The political action committee’s administrator, treasurer, volunteer, producer, consultant, media production partner, or focus group.

2. An officer or employee of the political action committee’s sponsoring organization.

(c)The date of the disbursement.

SUBCHAPTER VI

INDEPENDENT EXPENDITURE COMMITTEES