What is an Attribution?
An attribution is a statement placed on a communication that identifies the person(s) who paid for the communication, and in some cases, the person(s) who authorized the communication. Attributions are also sometimes referred to as disclaimers.
Which Communications Require an Attribution?
Every printed advertisement, billboard, handbill, sample ballot, television or radio advertisement, or other communication requires an attribution if:
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It contains "express advocacy" and a committee pays for it by any contribution or disbursement (WIS. STAT. § 11.1303(2)(a) and
(b));
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It contains "express advocacy," it is paid for or reimbursed by any person other than a committee, and the cost exceeds $2,500 (WIS. STAT. § 11.1303(2)(c)); or,
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It contains statement(s) made for the purpose of influencing the recall from, or retention of, an official holding a state or local office (WIS. STAT. § 11.1303(2)(em)).
"Express advocacy" means a communication that contains terms such as the following with reference to a clearly identified candidate and that unambiguously relates to the election or defeat of that candidate.
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Vote for
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Elect
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Support
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Cast your ballot for
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(Candidate name) for (an elective office)
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Vote against
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Defeat
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Reject
WIS. STAT. § 11.0101(11).
Political action committees, independent expenditure committees, and other persons required to submit an affirmation under oath (See WIS. STAT. §§ 11.0505(1)(b)6.,
11.0605(1)(b)6.,
and
11.1001(1)(b)6.) must also include the words "Not authorized by any candidate or candidate's agent or committee" in addition to the standard "Paid for by (name)" language in every communication containing express advocacy.
WIS. STAT. § 11.1303(2)(d).
The statute exempts communications printed on small items on which the disclaimer cannot conveniently be printed, including text messages, social media communications, and certain small advertisements on mobile phones.
WIS. STAT. § 11.1303(2)(f). The statute also provides that the Commission can, by rule, specify small items or other communications that do not require an attribution statement. The Commission did so when it promulgated WIS.
ADMIN.
CODE ETH § 1.96, which went into effect on June 1, 2020. That rule provides that an attribution is not required on business cards, buttons, pencils, pens, pins, skywriting, or tickets. WIS. ADMIN. CODE ETH § 1.96(5). Additionally, it provides an exemption for small online ads and electronic communications if the communication has either a link to a website with the required attribution or provides an automatic display containing the required attribution.
WIS. ADMIN. CODE ETH § 1.96(5)(h). Sponsors of such small online ads or similar electronic communications must be able to establish, at the Commission's request, that including the attribution on the ad or communication was not possible due to size or technological constraints. WIS. ADMIN. CODE ETH § 1.96(5)(h)1. The attribution statement in a linked website must be readable, legible, and readily accessible, with minimal effort and without viewing extraneous material.
WIS. ADMIN. CODE ETH § 1.96(5)(h)2. The attribution statement provided in an automatic display must display to the recipient of the small online ad or similar electronic communication the attribution in a manner that is readable, legible, and readily accessible. WIS. ADMIN. CODE ETH § 1.96(5)(h)3.
Attribution Formats
The attribution must be readable, legible, and readily accessible.WIS. STAT. § 11.1303(2)(g), WIS. ADMIN. CODE ETH § 1.96(3).
WIS. ADMIN. CODE ETH § 1.96(3) provides a presumption that an attribution is readable, legible, and readily accessible disclaimer if it meets the following criteria:
(a) It appears in a sans-serif font.
(b) It meets the following applicable minimum font size:
1. An attribution on a written communication measuring no larger than 8.5 inches by 11 inches must be printed in at least 10-point font;
2. An attribution on a written communication that is larger than 8.5 inches by 11 inches, but is not larger than 24 inches by 36 inches, must be printed in at least 12-point font; or
3. An attribution on any other written communication must appear in letters that are at least four percent of the vertical height of the written communication.
(c) It appears in black text on a white background, or the degree of contrast between the background color and the text color is at least as great as the degree of contrast between the background color and the color of the largest text in the communication.
(d) It remains visible for a period of at least four seconds.
There are additional specifications for attributions in audio-only communications. Communications that include only audio shall include an attribution containing "Paid for by" followed by the name of the committee or the name of the person in a manner that is clearly spoken. WIS. ADMIN. CODE ETH § 1.96(4).
Attribution Examples
The attribution must be readable, legible, and readily accessible.WIS. STAT. § 11.1303(2)(g), WIS. ADMIN. CODE ETH § 1.96(3).
Registered Committees
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A committee should identify itself as the source of a communication by the words "Paid for by" followed by the name of the committee. The attribution may also include the name of the committee's treasurer or other authorized agent of the committee. Whether a committee directly pays for a communication or accepts a communication as an in-kind contribution, the committee is responsible for the communication and should be listed in the attribution. WIS. STAT. § 11.1303(2)(b).
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A candidate committee may not use an abbreviation to identify the committee. WIS. STAT. § 11.1303(2)(e).
Example:
Paid for by Mary Smith for Governor
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When a committee places a communication for express advocacy in coordination with a candidate committee, both the committee making the payment and the committee accepting the communication as an in-kind contribution should be listed in the attribution.
WIS. STAT. § 11.1303(2)(b).
Example:
Paid for by Citizens for Government, Authorized by Mary Smith for Governor
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Political action committees and independent expenditure committees required to submit an affirmation under oath (See WIS. STAT. §§ 11.0505(1)(b)6. and 11.0605(1)(b)6.) must also include the words "Not authorized by any candidate or candidate's agent or committee" in addition to the standard "Paid for by (name)" language in every communication containing express advocacy. WIS. STAT. § 11.1303(2)(d).
Example:
Paid for by Citizens for Government, Not Authorized by Any Candidate or Candidate's Agent or Committee
Other Persons
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Communications for express advocacy costing more than $2,500 and paid for by any person other than a committee shall identify its source by the words "Paid for by" followed by the name of the person.
WIS. STAT. § 11.1303(2)(c).
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If otherwise required to submit an affirmation under oath (See WIS. STAT. § 11.1001(1)(b)6.), the communication should also include the words "Not authorized by any candidate or candidate's agent or committee" in the attribution.
WIS. STAT. § 11.1303(2)(d).
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The attribution must be readable, legible, and readily accessible.
WIS. STAT. § 11.1303(2)(g).
Example:
Paid for by John Smith, Not Authorized by Any Candidate or Candidate's Agent or Committee
Special Consideration for Polling
A person receiving payment from another person (in cash or in-kind) for the direct or indirect cost of conducting a poll concerning support or opposition to a candidate, political party, or referendum must, upon request of any person who is polled, disclose the name and address of the person making payment for the poll, and in the case of a committee, the name of the treasurer of the committee paying for the poll.
WIS. STAT. § 11.1303(3).