Section 1.655. Identification of the source of communications paid for with money raised for political purposes.

 

(1)  Definitions: as used in this rule:

(a) "Bona fide poll" means a poll which is conducted for the purpose of identifying, or collecting data on, voter attitudes and preferences and not for the purpose of expressly advocating the election, defeat, recall or retention of a clearly identified candidate or a particular vote at a referendum.

(b) "Communication" means any printed advertisement, billboard, handbill, sample ballot, television or radio advertisement, telephone call, and any other form of communication that may be utilized by a registrant for the purpose of influencing the election or nomination of any individual to state or local office or for the purpose of influencing a particular vote at a referendum.

(bm) "Political party" has the meaning provided in s. 5.02 (13) , Stats.

(c) "Political purpose" has the meaning provided in s. 11.01 (16) , Stats.

(d) "Registrant" has the meaning provided in s. 11.01 (18m) , Stats.

(e) "Source" means the individual who, or committee which, pays for, or the individual who takes responsibility for, a communication that is required, by s. 11.30 , Stats., to be identified.

(2)  Pursuant to s. 11.30 (2) (a) , Stats., any communication paid for with money that has been raised for political purposes must identify the source of that communication, subject to the following exceptions:

(a) The source identification requirements of s. 11.30 , Stats., do not apply to communications paid for by an individual who, or a committee which, is not subject to the registration requirements of s. 11.05 , Stats.

(b) A bona fide poll or survey under s. 11.30 (5) , Stats., concerning the support for or opposition to a candidate, political party, referendum or a position on issues, may be conducted without source identification unless the person being polled requests such information. If requested, the person conducting the poll shall disclose the name and address of the person making payment for the poll and, in the case of a registrant under s. 11.05 , Stats., the name of the treasurer or the person making the payment.

(c) Incidental administrative communications need not identify their source if such communications are singular in nature and are not intended to communicate a political message.

(d) Communications for which reporting is not required under s. 11.06 (2) , Stats., are not required to identify their source.

(3)  When making communications requiring source identification, disclosure is not required to be made at any particular place within or time during the communication. In the case of telephone calls, or other audio communications, the required disclosure may be made at any time prior to the end of the call or other communication.

(4)  A registrant who conducts a bona fide poll must report the expense of conducting the poll on its campaign finance reports, whether or not the registrant is required to identify the source of that poll under s. 11.30 (5) , Stats., and this rule.

(5)  If a political party makes a communication supporting the election of more than one candidate, the source identification for that communication shall be as follows:

"Paid for by the (name of party) Party as an in-kind contribution to the candidates named."

History: Cr. Register, September, 1996, No. 489 , eff. 10-1-96; cr. (1) (bm) and (5), Register, April, 1998, No. 508 , eff. 5-1-98.

Note

This section has been reviewed pursuant to 2015 Wisconsin Act 117 , Section 79 (1) , and determined to be inconsistent with Act 117 and, therefore, unenforceable. Microsoft Windows NT 6.1.7601 Service Pack 1