All Children Matter breaks the law

The people funding the group All Children Matter must not think that all campaign laws matter. Unfortunately for them, they do.

We may soon get to see who is pulling the strings behind this front group that claims to be fighting for children and education, but isn't running ads about children or education.

The group is supposed to be running issue ads because of the way they have organized themselves. Running issue ads means you can't say certain words like "vote for" or "vote against" in your TV ads or mailings. If you do, you are subject to much stricter disclosure laws under the following (pay particular attention to 2c):

ElBd 1.28 Scope of regulated activity; election of

candidates. (1) Definitions. As used in this rule:

(a) "Political committee" means every committee which is

formed primarily to influence elections or which is under the control of a candidate.

(b) "Contributions for political purposes" means contributions

made to 1) a candidate, or 2) a political committee or 3) an individual who makes contributions to a candidate or political committee or incurs obligations or makes disbursements for the purpose of expressly advocating the election or defeat of an identified candidate.

(2) Individuals other than candidates and committees other than political committees are subject to the applicable disclosure− related and recordkeeping− related requirements of ch. 11, Stats., only when they:

(a) Make contributions for political purposes, or

(b) Make contributions to any person at the request or with the authorization of a candidate or political committee, or

(c) Make a communication containing terms such as the following or their functional equivalents with reference to a clearly identified candidate that expressly advocates the election or defeat of that candidate and that unambiguously relates to the campaign of that candidate:

1. "Vote for;"

2. "Elect;"

3. "Support;"

4. "Cast your ballot for;"

5. "Smith for Assembly;"

6. "Vote against;"

7. "Defeat;"

8. "eject."

(3) Consistent with s. 11.05 (2), Stats., nothing in sub. (1) or (2) should be construed as requiring registration and reporting, under ss. 11.05 and 11.06, Stats., of an individual whose only activity is the making of contributions. History: Emerg. cr. eff. 8−25−76; cr. Register, January, 1977, No. 253, eff. 2−1−77; am. (1) (b) and (2) (a), Register, February, 1986, No. 362, eff. 3−1−86; am.

(2) (c), Register, May, 2001, No. 545, eff. 6−1−01.

ElBd 1.29 Scope of regulated activity; referenda.

The requirements of disclosure and recordkeeping of s. 11.23, Stats., are applicable to individuals and groups other than groups formed primarily to influence the outcome of a referendum as to contributions, disbursements and obligations which are directly related to express advocacy of a particular result in a referendum.

Nothing contained herein should be construed to exempt groups formed primarily to influence the outcome of a referendum from the requirements of disclosure and recordkeeping of s. 11.23, Stats. History: Emerg. cr. eff. 8−25−76; emerg. am. eff. 9−7−76; cr. Register, January,

1977, No. 253, eff. 2−1−77.

But, check out the mailing All Children Matter sent out against Rep. John Lehman regarding his race for the state senate. The words "vote against" jump off the page. I'm guessing the Wisconsin State Elections Board is going to be interested in this.

allchildren.pdf