House File 31HOUSE FILE BY RAECKER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to political campaigns by requiring mandatory 2 disclosures in certain political telephone communications, 3 limiting campaign contributions for statewide and legislative 4 elections, limiting contributions to political parties, 5 providing a penalty for filing a false complaint, and applying 6 other penalties. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 1305YH 82 9 jr/je/5 PAG LIN 1 1 Section 1. Section 68A.405, subsection 1, Code 2007, is 1 2 amended to read as follows: 1 3 1. a. For purposes of this subsection: 1 4 (1) "Individual" includes a candidate for public office 1 5 who has not filed a statement of organization under section 1 6 68A.201. 1 7 (2) "Organization" includes an organization established to 1 8 advocate the passage or defeat of a ballot issue but that has 1 9 not filed a statement of organization under section 68A.201. 1 10 (3) "Published material" means any newspaper, magazine, 1 11 shopper, outdoor advertising facility, poster, direct mailing, 1 12 brochure, internet web sitewebsite, campaign sign, or any 1 13 other form of printed general public political advertising. 1 14 b. Except as set out in section 2, published material 1 15 designed to expressly advocate the nomination, election, or 1 16 defeat of a candidate for public office or the passage or 1 17 defeat of a ballot issue shall include on the published 1 18 material an attribution statement disclosing who is 1 19 responsible for the published material. 1 20c.(1) If the person paying for the published material is 1 21 an individual, the words "paid for by" and the name and 1 22 address of the person shall appear on the material. 1 23d.(2) If more than one individual is responsible, the 1 24 words "paid for by", the names of the individuals, and either 1 25 the addresses of the individuals or a statement that the 1 26 addresses of the individuals are on file with the Iowa ethics 1 27 and campaign disclosure board shall appear on the material. 1 28e.(3) If the person responsible is an organization, the 1 29 words "paid for by", the name and address of the organization, 1 30 and the name of one officer of the organization shall appear 1 31 on the material. 1 32f.(4) If the person responsible is a committee that has 1 33 filed a statement of organization pursuant to section 68A.201, 1 34 the words "paid for by" and the name of the committee shall 1 35 appear on the material. 2 1 Sec. 2. NEW SECTION. 68A.407 DISCLOSURES RELATED TO 2 2 POLITICAL TELEPHONE CALLS. 2 3 1. For the purposes of this section, unless the context 2 4 otherwise requires: 2 5 a. "Legitimate poll" means a telephone call conducted by a 2 6 polling firm for the purpose of a scientific poll of 2 7 respondents concerning public opinion concerning a candidate, 2 8 elected public official, or ballot issue that is part of a 2 9 series of like telephone calls that utilizes a scientific 2 10 sampling technique to produce a random sample of interviewees. 2 11 b. "Political telemarketing" means the canvassing of 2 12 persons under the guise of performing a poll or survey, with 2 13 the purpose of encouraging support of, or opposition to, a 2 14 clearly identified candidate for political office or the 2 15 passage or defeat of a clearly identified ballot issue. 2 16 2. The general assembly finds that political telephone 2 17 communication is increasingly used in political campaigns in 2 18 this state in a deceptive manner, including but not limited to 2 19 the use of political telemarketing, also known as push= 2 20 polling, where an anonymous telephone communication is 2 21 designed to appear as a legitimate poll, but is in fact used 2 22 as a vehicle to sway opinion through innuendo, by the 2 23 communication of certain negative information related to a 2 24 candidate or ballot issue in a manner designed to suggest that 2 25 such information may be true. The general assembly declares 2 26 that a compelling public interest exists to identify the 2 27 source of funding of telephonic communications related to 2 28 elections, in order to prevent corruption and deceit at the 2 29 expense of the electorate and to preserve accountability for 2 30 expenditures made in connection with political campaigns. 2 31 3. A candidate, an authorized representative of a 2 32 candidate, a candidate's committee, or a political committee 2 33 that engages either in a telephone communication for the 2 34 purpose of soliciting contributions or in a telephone 2 35 communication that has the effect of promoting or opposing the 3 1 nomination or election of a candidate for public office or the 3 2 passage of a constitutional amendment or public measure shall 3 3 disclose all of the following by the end of the telephone 3 4 call: 3 5 a. The identity of the individual who is calling and the 3 6 entity with which the individual is affiliated, if any. 3 7 b. The individual or entity that paid for the telephone 3 8 communication. If a candidate's committee or political 3 9 committee has paid for or authorized the telephone 3 10 communication, the name of the candidate's committee or 3 11 political committee shall be disclosed. If any person other 3 12 than a candidate's committee or political committee has paid 3 13 for or authorized the telephone communication, the 3 14 communication shall also state whether or not the 3 15 communication has been authorized by the candidate intended to 3 16 benefit from the communication and shall state whether the 3 17 communication is an independent expenditure. 3 18 c. The name, telephone number, and address of an 3 19 individual whom the call recipient can contact for further 3 20 information regarding the telephone communication. 3 21 4. An individual who, on behalf of, at the direction of, 3 22 or in cooperation with a political committee, engages either 3 23 in a telephone communication for the purpose of soliciting 3 24 contributions or in a telephone communication that has the 3 25 effect of promoting or opposing the nomination or election of 3 26 a candidate for public office or the passage of a 3 27 constitutional amendment or public measure shall disclose all 3 28 of the following by the end of the telephone call: 3 29 a. The identity of the individual who is calling and the 3 30 entity with which the individual is affiliated, if any. 3 31 b. The individual or entity that paid for the telephone 3 32 communication. If a political committee has paid for or 3 33 authorized the telephone communication, the name of the 3 34 political committee shall be disclosed. If any person other 3 35 than the candidate, a candidate's committee, or a political 4 1 committee has paid for or authorized the telephone 4 2 communication, the communication shall also state whether or 4 3 not the communication has been authorized by the candidate 4 4 intended to benefit from the communication. 4 5 c. The name, telephone number, and address of an 4 6 individual whom the call recipient can contact for further 4 7 information regarding the telephone communication. 4 8 5. The board shall adopt rules pursuant to chapter 17A 4 9 establishing procedures to administer this section. 4 10 Sec. 3. NEW SECTION. 68A.506 CONTRIBUTIONS == 4 11 LIMITATIONS ON AMOUNTS. 4 12 1. As used in this section, the term "cash" includes but 4 13 is not limited to a check, money order, or other negotiable 4 14 instrument. 4 15 2. The aggregate amount of a contribution made to a 4 16 candidate or a candidate's committee by a committee or person 4 17 other than the candidate shall not exceed the following 4 18 amounts: 4 19 a. For the office of a member of the state house of 4 20 representatives, five hundred dollars in cash and an 4 21 additional five hundred dollars in=kind contribution for each 4 22 primary election, or in lieu thereof for a convention of a 4 23 political party, and an equal amount for each general 4 24 election. 4 25 b. For the office of a member of the state senate, one 4 26 thousand dollars in cash and an additional one thousand 4 27 dollars in=kind contribution for each primary election, or in 4 28 lieu thereof for a convention of a political party, and an 4 29 equal amount for each general election. 4 30 c. For the office of a statewide elected official, as 4 31 defined in section 68B.2, ten thousand dollars in cash and an 4 32 additional ten thousand dollars in=kind contribution for each 4 33 primary election, or in lieu thereof for a convention of a 4 34 political party, and an equal amount for each general 4 35 election. The limits set out in this paragraph apply to the 5 1 governor and lieutenant governor together, as if the two 5 2 offices were one and the same. 5 3 3. The aggregate amount of a contribution made to a 5 4 candidate or a candidate's committee by a political party, as 5 5 defined in section 43.2, shall not exceed the following 5 6 amounts: 5 7 a. For the office of a member of the state house of 5 8 representatives, one thousand five hundred dollars in cash and 5 9 an additional four thousand five hundred dollars in=kind 5 10 contribution for each primary election, or in lieu thereof for 5 11 a convention of a political party, and an equal amount for 5 12 each general election. 5 13 b. For the office of a member of the state senate, three 5 14 thousand dollars in cash and an additional nine thousand 5 15 dollars in=kind contribution for each primary election, or in 5 16 lieu thereof for a convention of a political party, and an 5 17 equal amount for each general election. 5 18 c. For the office of a statewide elected official, as 5 19 defined in section 68B.2, thirty thousand dollars in cash and 5 20 an additional ninety thousand dollars in=kind contribution for 5 21 each primary election, or in lieu thereof for a convention of 5 22 a political party, and an equal amount for each general 5 23 election. The limits set out in this paragraph apply to the 5 24 governor and lieutenant governor together, as if the two 5 25 offices were one and the same. 5 26 4. The aggregate amount of a contribution made to a 5 27 political party, as defined in section 43.2, by a candidate or 5 28 a person shall not exceed ten thousand dollars in cash and an 5 29 additional ten thousand dollars in=kind contribution. 5 30 5. A political party may establish no more than one fund 5 31 to provide contributions to a candidate or a candidate's 5 32 committee for the office of a member of the state house of 5 33 representatives or state senate or office of a statewide 5 34 elected official. 5 35 Sec. 4. Section 68B.32B, subsection 1, Code 2007, is 6 1 amended to read as follows: 6 2 1. Any person may file a complaint alleging that a 6 3 candidate, committee, person holding a state office in the 6 4 executive branch of state government, employee of the 6 5 executive branch of state government, or other person has 6 6 committed a violation of chapter 68A or rules adopted by the 6 7 board. Any person may file a complaint alleging that a person 6 8 holding a state office in the executive branch of state 6 9 government, an employee of the executive branch of state 6 10 government, or a lobbyist or a client of a lobbyist of the 6 11 executive branch of state government has committed a violation 6 12 of this chapter or rules adopted by the board. Any person may 6 13 file a complaint alleging that an agency has committed a 6 14 violation of section 8.7 or rules adopted by the board. The 6 15 board shall prescribe and provide forms for purposes of this 6 16 subsection. A complaint must include the name and address of 6 17 the complainant, a statement of the facts believed to be true 6 18 that form the basis of the complaint, including the sources of 6 19 information and approximate dates of the acts alleged, and a 6 20 certification by the complainant under penalty of perjury that 6 21 the facts stated to be true are true to the best of the 6 22 complainant's knowledge. In addition to any other penalty, a 6 23 person who files a complaint with the board knowing that the 6 24 statement of facts provided is not true may be assessed a 6 25 civil penalty by the board in an amount not to exceed two 6 26 thousand dollars. 6 27 Sec. 5. Section 68B.32B, subsection 7, Code 2007, is 6 28 amended to read as follows: 6 29 7. Notwithstanding subsections 1 through 6, the board may, 6 30 on its own motion and without the filing of a complaint by 6 31 another person, initiate investigations into matters that the 6 32 board believes may be subject to the board's jurisdiction. 6 33 This section does not preclude persons from providing 6 34 information to the board for possible board=initiated 6 35 investigation instead of filing a complaint. A person who 7 1 provides information to the board knowing that the information 7 2 provided is not true may be assessed a civil penalty by the 7 3 board in an amount not to exceed two thousand dollars. 7 4 EXPLANATION 7 5 This bill relates to political campaigns and campaign 7 6 finance and disclosure. The bill renumbers certain provisions 7 7 relating to attribution statements. 7 8 The bill creates a new Code section that requires the 7 9 disclosure of certain information by the end of political 7 10 telephone calls that have the effect of promoting or opposing 7 11 a candidate or ballot issue. 7 12 The bill limits cash and in=kind campaign contributions to 7 13 candidates for statewide office or the general assembly and to 7 14 political parties. The bill also provides that a political 7 15 party may establish no more than one fund to provide 7 16 contributions to a candidate for statewide office or the 7 17 general assembly. 7 18 Violation of these new Code sections is subject to the 7 19 penalties set out in Code sections 68A.701 and 68B.32D. 7 20 The bill imposes an additional civil penalty for falsely 7 21 instigating a complaint with the ethics and campaign 7 22 disclosure board or providing information to the board that 7 23 the person knows to be untrue. 7 24 LSB 1305YH 82 7 25 jr:rj/je/5