CC/WI Statement on Disclosure Rule Settlement by Government Accountability Board

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Press Release

August 12, 2010

CONTACT:

Jay Heck – 608/256-2686

THE GOVERNMENT ACCOUNTABILITY BOARD'S SETTLEMENT WITH PLAINTIFFS IS DISAPPOINTING BUT THEIR ABILITY TO REQUIRE DISCLOSURE OF PHONY ISSUE ADS APPEARS TO REMAIN INTACT

LEGISLATURE'S PASSAGE OF A STRONG DISCLOSURE MEASURE AND THEN BEING SIGNED INTO LAW BY THE GOVERNOR IS A MUCH BETTER SOLUTION

Late Tuesday, the Wisconsin Government Accountability Board (GAB) reached a resolution with the plaintiffs in the federal lawsuit filed by Wisconsin Club for Growth and One Wisconsin Now. GAB agreed to stipulate to an injunction with regard to the application of some of the language in the rule.

Common Cause in Wisconsin (CC/WI) is disappointed that the GAB felt compelled to scale back some of the conditions that would automatically force some of the campaign ads masquerading as issue advocacy to disclose their donors and, instead, agreed to review those electioneering communications on a case by case basis. The United States Supreme Court last January in the Citizens United v. Federal Election Commission decision ruled 8 to 1 that more robust disclosure can and should be required of organizations that seek to influence the outcome on an election -- as the phony issue ads run in Wisconsin clearly do. The administrative rule that the GAB promulgated and sent to the Legislature on July 1st and which went into effect on August 1st (because the Legislature did not act to modify or block it) was a solid disclosure measure that we believe would have withstood court scrutiny and legal challenge -- even the challenge brought by the plaintiffs and the other legal challenges brought against the GAB rule by other outside groups.

So now, the administrative rule left in place is more unwieldy and will require more review by GAB of communications run in the period 30 days prior to the primary election date and 60 days prior to the general election date.

But we remain convinced that the rule, even as adjusted by the settlement, will still be able to force the disclosure of communications that are attempting to influence the outcome of an election. The right of the public to know who is trying to influence their vote vastly supersedes the desire of outside groups trying to influence an election to continue to cloak their donors in secrecy and anonymity -- even with this change in the administrative rule. In short, the rule that has gone into effect on August 1st and that has been now changed as a result of the settlement (provided it is approved by Federal Judge William Conley) is better than the current status quo in which no phony issue ads are required to disclose their donors. But it would have been better had the administrative rule, which had a bright line test, not been modified at all.

The only real solution to this entire problem is for the Wisconsin Legislature to come back into Special Session and pass a tough disclosure measure and have it signed into law by the Governor. Governor Doyle should call for a Special Session without delay. Only then will questions about the authority of GAB to promulgate such a rule and the wording of the administrative rule be put to rest. While we believe the administrative rule put forth by the GAB is still a good one, a strong disclosure measure passed by both chambers of the Wisconsin Legislature and signed into law by the Governor, would be better.


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Jay Heck, Executive Director
Common Cause in Wisconsin
152 W. Johnson St., Suite 212
Madison, WI 53703
608/256-2686

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