(1) No political action committee, independent expenditure committee, other person required to report under s. 11.1001, or individual may make an expenditure for express advocacy for the benefit of a candidate that is coordinated with that 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. (2) (a) For purposes of this section, an expenditure for express advocacy is coordinated if any of the following applies: 1. The candidate, candidate’s agent, legislative campaign committee of the candidate’s political party, or the candidate’s political party communicates directly with the political action committee, independent expenditure committee, other person, or individual making the expenditure to specifically request that the political action committee, independent expenditure committee, other person, or individual make the expenditure that benefits the candidate and the political action committee, independent expenditure committee, other person, or individual explicitly assents to the request before making the expenditure. 2. The candidate, candidate’s agent, legislative campaign committee of the candidate’s political party, or the candidate’s political party exercises control over the expenditure or the content, timing, location, form, intended audience, number, or frequency of the communication. (b) If an expenditure for express advocacy is coordinated, but not in violation of the coordination prohibitions under sub. (1), all of the following apply: 1. The political action committee or independent expenditure committee making the expenditure shall report the expenditure as required under this chapter. 2. The candidate committee shall report the expenditure as a contribution. (3) None of the following are considered coordinated communications prohibited under this section: (a) Candidates endorsing and soliciting contributions for other candidates. (b) Candidates, candidate committees, legislative campaign committees, and political parties responding to inquiries about a candidate’s or political party’s position on legislative or policy issues. (c) Using publicly available information to create, produce, or distribute a communication if sub. (2) does not apply to such use.
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