The Government Accountability Board voted 6-0 Monday to send an amended rule to the state Legislature to increase the regulation of political-issue ads run by third-party groups in Wisconsin.
Currently, only advertisements that use the words “vote for” or “elect” are subject to regulation by the GAB. Under the amended rule, advertisements that use the words “vote for,” “elect,” “support,” “cast your ballot for” [candidate name] for [office name],” “vote against,” “defeat” and “reject” will be subject to regulation, according to a GAB statement.
“Basically, it’s saying that if you don’t use one of those eight words that your ad can be termed an issue ad rather an explicit political ad,” GAB spokesperson Kyle Richmond said. “A group doesn’t have to register and report it’s contributor if it doesn’t use those words.”
Although GAB members and supporters of the GAB’s action hope the amendment rule will shed light on the political process, critics of the plan say it violates their First Amendment right to free speech and they may seek legal action to overturn it.
According to Susan Armacost, legislative director of Wisconsin Right to Life, the group is part of a coalition of organizations that plans to seek legal action if necessary.
“[The ruling] infringes on our First Amendment right to speak about candidates at election time,” Armacost said. “We hope the Legislature will defeat it. Wisconsin Right to Life opposes it very strongly.”
Greater Wisconsin Committee, currently running a television advertisement regarding the Supreme Court candidates, feels the rules will not apply to them, according to spokesperson Michelle McGorty.
“We aren’t running campaigns about the elections or Supreme Court — we run ads about issues, like victim rights and consumer protections. We’re not involved in elections anyway,” McGorty said.
McGorty said the group currently has no plans to get involved in legal action against the ruling.
Reactions from legislators were also mixed.
Rep. Jeff Smith, D-Eau Claire, Chair of the Assembly Committee on Election and Campaign Reform, said he supported the measure.
“I’m excited that the GAB is doing what they’re doing. We’re anxious to follow the ruling as it filters through the system,” Smith said. “We’re certain it will be challenged — there are always groups that don’t want to be exposed.”
Smith said the committee will be writing up legislation and holding public hearings to make the public more aware.
The rule will go to the Legislature for review. If there are not any objections, the rule will go into effect the first day of the month after it is published in the Wisconsin Administrative Register, according to a GAB statement.
