(1) DISBURSEMENTS. (a) 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, any person, other than a 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, any person, other than a 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, any person, other than a 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 person required to report under this section shall submit statements to the commission providing all of the following information: 1. The dates on which the person 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 person 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 person’s designated agent in this state. (2) EXCEPTION. (a) A person who is required to report under this section is not required to submit the information described under sub. (1) (b) regarding disbursements made before reaching the $2,500 threshold under sub. (1) (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 person who 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 person has the information required to be reported under sub. (1) (b). (b) The date the express advocacy is aired, broadcast, printed, or otherwise disseminated to individuals other than any of the following: 1. The person, if the person is an individual. 2. The person’s officers, directors, partners, employees, or volunteers, if the person consists of 2 or more individuals. 3. The person’s producer, consultant, media production partner, or focus group. (c) The date of the disbursement.
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