CAPITOL CONNECTION: Freedom of speech will cost $100
One of our greatest rights as Americans is our freedom to speak freely either for or against our government, our elected officials or candidates running for public office. Sadly, this awesome right is under attack here in Wisconsin via a major administrative rule proposal known as GAB 1.28 that was introduced by the Government Accountability Board (GAB).
The GAB administers and enforces Wisconsin law pertaining to campaign finance, elections, ethics and lobbying. The GAB consists of six members who are all former state judges and who must be non-partisan. Potential GAB members are selected by a panel of Appeals Court judges. The governor then nominates a judge, who must be confirmed by the state Senate.
Back in March, the GAB issued a rule package that would, among other things:
• Require any person or organization spending more than $25 on a political “communication” to register with the GAB and pay a $100 fee.
• Redefine a “communication” as any printed advertisement, billboard, handbill, sample ballot, television or radio advertisement, telephone call, e-mail, Internet posting or any other form of communication that may be utilized for a political purpose.
• Change the threshold of what is a campaign-related “communication” from a list of specific activities or actions to a judgment based evaluation of whether the “communication” is susceptible of no reasonable interpretation other than it is being used as an appeal to vote for or against a specific candidate.
A communication will be judged to be campaign-related if it is made during the period beginning on the 60th day preceding a general, special, or spring election or 30 days preceding a primary election and ending on the date of that election. In addition, the communication must include a reference to or depiction of a clearly identified candidate and 1) refers to the personal qualities, character, or fitness of that candidate; 2) supports or condemns that candidate's position or stance on issues; or 3) supports or condemns that candidate's public record.
GAB 1.28 is an “administrative rule,” meaning that, even though it would have the effect of law, its passage does not require full legislative action. Instead, it was approved by the unelected members of the GAB and merely needs the “passive review” of the Senate and Assembly committees that handle elections issues. This passive review process is fulfilled when a majority of committee members do not object to the content of the rule. It then becomes state law.
GAB 1.28 has become a hotly debated issue statewide because it deals with one of the most precious rights we have – the right to free speech. Three separate lawsuits have been filed against the GAB by several groups representing both conservative and liberal viewpoints. One of them, a federal suit initiated by conservative Wisconsin Club for Growth and liberal One Wisconsin Now, ended in the GAB dropping its change to the threshold of campaign-related communication.
Two other lawsuits filed against GAB 1.28 are still pending. One has resulted in a full injunction by the Wisconsin Supreme Court and, as of Aug. 31, GAB 1.28 is suspended pending further deliberation by our state's highest court until mid-September. It is not clear what will happen after that. You may view the Supreme Court's injunction at the following website: http://www.the wheelerreport.com/releases/ August10/aug16/0816scowgab.pd.
While I understand the GAB's desire to stem the massive influx of advertising from independent groups during elections, protecting the right of individuals and groups to engage in free speech must be considered a top priority of our lawmakers. Again, this is one of the greatest rights guaranteed by our Constitution.
In my mind, GAB 1.28 infringes on this right and it must be stopped. I am hopeful the court will determine this rule as unconstitutional. If not, I stand prepared to introduce legislation to stop this intrusion into our right of free speech.
You may view the full GAB 1.28 changes at http://www.legis. state.wi.us/cr_final/09-013.pdf.
As always, it has been a pleasure communicating with you. Please remember to communicate with me and share your input by calling (920) 457-7367 or visiting my online office at www.leibham.com.
It is an honor representing the residents of the 9th District in the state Senate!
