Panel to study so-called issue ads
10:45 PM 1/14/04
Associated Press

The state Elections Board voted 5-4 Wednesday to study implementing rules in Wisconsin that would mirror federal restrictions on political ads criticizing a candidate. <

Executive director Kevin Kennedy said the vote is no guarantee the board will eventually implement rules that would give it the power to regulate so-called issue ads. <

But he said board members felt it was appropriate to study the issue after several groups urged them to do so in light of the U.S. Supreme Court decision that upheld the restrictions on the ads in federal campaigns. <

"We're going to at least go through the process of figuring out what would be the parameters of this regulation," Kennedy said. <

The Supreme Court decision last year upheld parts of the federal campaign finance law commonly known as "McCain-Feingold" - named for its chief Senate sponsors, Sens. John McCain, R-Ariz., and Russ Feingold, D-Wis. <

Issue ads typically name candidates and show their likenesses but don't explicitly say "vote for" or "vote against" them. Instead, they may conclude with a message such as: "Call Senator Smith and tell him to stop raising our taxes." <

The Supreme Court said candidates and political parties use the ads to do an end-run around donation and spending limits. <

The board's rules would extend those restrictions to state campaigns. <

Wisconsin lawmakers included a series of campaign finance law overhauls in a bill they approved in 2000, but the reforms were thrown out by a federal judge as unconstitutional. They have yet to pass any similar legislation since. <

State agencies have the power to promulgate rules to regulate areas under their jurisdiction. Still, Kennedy said there are some who question if the board even has the power to regulate the ads. <

He said that question and whether the issue should be left to the Legislature will be part of the board's study. He said there is no timetable for a decision. <

Board member Kirby Brant, representative of the Libertarian Party, said he opposed the study because he does not want to see restrictions in the McCain-Feingold bill put into state regulations. The Supreme Court's decision does not require states to implement similar restrictions on election ads, and Brant said he sees no reason to put them into place. <

"As far as I'm concerned, McCain-Feingold was a politically inspired, unconstitutional attack on democracy," Brant said. <

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