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PAG LIN
1 1 Amend House File 2449 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 "Section 1. Sections 2 through 8 of this Act are
1 5 created as a new division of chapter 56.
1 6 Sec. 2. NEW SECTION. 56.31 DEFINITIONS.
1 7 As used in this division, unless the context
1 8 requires otherwise:
1 9 1. "Advocacy information" is material published or
1 10 broadcast which discusses public issues, candidates,
1 11 or voting records from which a reasonable person could
1 12 draw a fair inference that the material recommends the
1 13 defeat or election of an identifiable candidate in a
1 14 restricted campaign.
1 15 2. "Benefited candidate" means a candidate in a
1 16 restricted campaign whose election is recommended or
1 17 whose opponent's defeat is recommended by advocacy
1 18 information or by the fair inferences drawn from the
1 19 advocacy information by a reasonable person as
1 20 determined by the board.
1 21 3. "Eligible office" means the offices of state
1 22 representative, state senator, secretary of
1 23 agriculture, secretary of state, treasurer of state,
1 24 auditor of state, attorney general, and governor. The
1 25 office of lieutenant governor shall not be considered
1 26 a separate eligible office but shall be considered
1 27 with the office of governor for purposes of this
1 28 division.
1 29 4. "Political action committee" means any
1 30 political committee except a county statutory
1 31 political committee, a state statutory political
1 32 committee, a national political party, or a nonparty
1 33 political organization under chapter 44.
1 34 5. "Qualifying nomination" means a nomination by a
1 35 political party as defined by section 43.2, or a
1 36 nomination under chapter 44 or 45.
1 37 6. "Restricted campaign" means a campaign for an
1 38 eligible office in which there are two or more
1 39 candidates with qualifying nominations and all of
1 40 those candidates have registered with the board and
1 41 voluntarily agreed to limit campaign expenditures and
1 42 contributions pursuant to section 56.33.
1 43 Sec. 3. NEW SECTION. 56.32 REGISTRATION FOR A
1 44 RESTRICTED CAMPAIGN.
1 45 Each candidate for an eligible office shall
1 46 register with the board and shall indicate whether the
1 47 candidate voluntarily agrees to limit campaign
1 48 expenditures and contributions in a restricted
1 49 campaign prior to or with the filing of nomination
1 50 papers pursuant to chapter 43, 44, or 45.
2 1 Notwithstanding section 43.20, the nomination
2 2 petition of a candidate who does not agree to a
2 3 restricted campaign must contain signatures of at
2 4 least fifteen percent of the total number of votes
2 5 cast in the last general election for that office. A
2 6 candidate nominated pursuant to section 43.66 who does
2 7 not agree to a restricted campaign must file a
2 8 nomination petition within fifteen days of nomination
2 9 containing signatures of at least fifteen percent of
2 10 the total number of votes cast in the last general
2 11 election for that office in order to be placed on the
2 12 general election ballot. A candidate who agrees to a
2 13 restricted campaign and whose opponent does not agree
2 14 to a restricted campaign is not required to obtain
2 15 signatures under this section, is not subject to the
2 16 limitations on campaign expenditures or contributions
2 17 imposed in this division, and shall be considered as a
2 18 candidate who agreed to a restricted campaign for
2 19 purposes of this section.
2 20 Notwithstanding the dates required for filing
2 21 disclosure reports pursuant to section 56.6, a
2 22 candidate who does not agree to a restricted campaign
2 23 pursuant to this section shall file a disclosure
2 24 report each month until June 30 of the year of the
2 25 election. Beginning July 1 of the year of the
2 26 election, the candidate shall file a disclosure report
2 27 every fourteen days until the date of the general
2 28 election. After the date of election, the candidate
2 29 shall file a disclosure report each month until the
2 30 candidate files nomination papers for the same or
2 31 another public office, or closes the candidate's
2 32 campaign account.
2 33 The commissioner required to publish notice of the
2 34 election and the ballot pursuant to section 49.53
2 35 shall, simultaneously with such publication, publish
2 36 the names of candidates who agree and do not agree to
2 37 a restricted campaign using the following language
2 38 where applicable: "These candidates refused to limit
2 39 their campaign spending."; or "These candidates
2 40 voluntarily agreed to limit their campaign spending."
2 41 Sec. 4. NEW SECTION. 56.33 RESTRICTED CAMPAIGNS
2 42 – LIMITS ON EXPENDITURES.
2 43 If a restricted campaign exists, the candidate's
2 44 committees of those candidates with qualifying
2 45 nominations to that eligible office are subject to the
2 46 following limits on expenditures:
2 47 1. Governor. Total expenditure limit, five
2 48 hundred thousand dollars in a primary election if
2 49 there is no primary opponent, one million dollars in a
2 50 primary election if there is a primary opponent, and
3 1 one million five hundred thousand dollars in a general
3 2 election.
3 3 2. Attorney general, secretary of agriculture,
3 4 secretary of state, treasurer of state, and auditor of
3 5 state. Total expenditure limit, fifty thousand
3 6 dollars in a primary election if there is no primary
3 7 opponent, one hundred thousand dollars in a primary
3 8 election if there is a primary opponent, and one
3 9 hundred thousand dollars in a general election.
3 10 3. State senator. Total expenditure limit, ten
3 11 thousand dollars in a primary election if there is no
3 12 primary opponent, twenty-five thousand dollars in a
3 13 primary election if there is a primary opponent, and
3 14 twenty-five thousand dollars in a general election.
3 15 4. State representative. Total expenditure limit,
3 16 five thousand dollars in a primary election if there
3 17 is no primary opponent, fifteen thousand dollars in a
3 18 primary election if there is a primary opponent, and
3 19 fifteen thousand dollars in a general election.
3 20 For purposes of this division, an expenditure
3 21 occurs at the time of performance and not at the time
3 22 of payment.
3 23 Actions involving an expenditure taken on behalf of
3 24 a candidate in a restricted campaign shall be
3 25 accepted, reported, and credited against the limits of
3 26 this section, or disavowed pursuant to section 56.13.
3 27 Actions taken by a county or state statutory political
3 28 committee or a national political party which benefit
3 29 the political party generally and which benefit more
3 30 than one candidate shall not be considered as
3 31 expenditures under this division.
3 32 The board shall, by July 1 in each odd-numbered
3 33 year, adjust the limitations on expenditures to
3 34 reflect any increase in the consumer price index as
3 35 released by the federal government.
3 36 Sec. 5. NEW SECTION. 56.34 PERIODS THE
3 37 EXPENDITURE LIMITS ARE IN EFFECT.
3 38 If a restricted campaign exists, the limitations of
3 39 section 56.33 apply to expenses incurred during the
3 40 following periods:
3 41 1. During an even-numbered year, from the date the
3 42 candidate or the candidate's treasurer files a
3 43 statement of organization as required by section 56.5,
3 44 or from the date the candidate or the candidate's
3 45 designee files an affidavit of candidacy with the
3 46 state commissioner of elections, whichever date is
3 47 earlier, through the date of the general election for
3 48 that office.
3 49 2. During a special election, from the date the
3 50 candidate or the candidate's treasurer files a
4 1 statement of organization as required by section 56.5,
4 2 or from the date the candidate or the candidate's
4 3 designee files an affidavit of candidacy with the
4 4 state commissioner of elections, whichever date is
4 5 earlier, through the date of the special election for
4 6 that office.
4 7 Sec. 6. NEW SECTION. 56.35 ADJUSTMENTS FOR
4 8 BENEFITED CANDIDATES AND OPPONENTS.
4 9 1. A person or political committee which causes
4 10 the publication, mass mailing, or broadcast of
4 11 advocacy information in a restricted campaign shall
4 12 give notice to the board and to the benefited
4 13 candidate. The notice shall be given by certified
4 14 restricted mail within twenty-four hours after the
4 15 publication, mailing, or broadcast of the advocacy
4 16 information and be accompanied by the text of the
4 17 advocacy information and the amount of the
4 18 publication, mailing, or broadcasting expenditures.
4 19 2. The benefited candidate shall notify the board
4 20 within seventy-two hours of receipt of notice given
4 21 pursuant to subsection 1 whether the candidate accepts
4 22 or disavows the expenditure. If the candidate accepts
4 23 the expenditure, the anticipated expenditure shall be
4 24 credited against the candidate's expenditure limit.
4 25 If the candidate files a statement of disavowal, the
4 26 commissioner or board shall forward a copy of the
4 27 statement to the candidate's opponent.
4 28 3. For the purposes of this section, the board
4 29 shall disregard the first five hundred dollars of
4 30 aggregate disavowed expenditures regarding a benefited
4 31 candidate for the general assembly, the first one
4 32 thousand dollars of aggregate disavowed expenditures
4 33 regarding a benefited candidate for a statewide office
4 34 other than governor, and the first five thousand
4 35 dollars of aggregate disavowed expenditures regarding
4 36 a benefited candidate for governor. If the aggregate
4 37 disavowed expenditures regarding a benefited candidate
4 38 exceed the amounts provided in this section, the board
4 39 shall determine if a reasonable person would or would
4 40 not draw a fair inference that the material assists
4 41 the election of the benefited candidate or the defeat
4 42 of an opposing candidate. If the board determines
4 43 that a candidate is benefited, the board shall
4 44 attribute the disavowed expenditure to the expenditure
4 45 limits of the benefited candidate and shall do one of
4 46 the following: increase the benefited candidate's
4 47 opponent's expenditure limits by the amount of the
4 48 disavowed expenditures attributed to the benefited
4 49 candidate or eliminate the expenditure limit of the
4 50 benefited candidate's opponent for that election
5 1 period.
5 2 4. The board by rule may delegate decisions under
5 3 subsection 3 to a panel of three members of the board.
5 4 If delegated, the decisions of the panel constitute
5 5 final agency action for the purposes of chapter 17A.
5 6 Notwithstanding section 17A.19, a petition for
5 7 judicial review of a decision under this section shall
5 8 be filed only in Polk county district court, the court
5 9 shall not stay the increase or elimination of the
5 10 limits for the candidates opposing the benefited
5 11 candidate pending the outcome of the judicial review
5 12 proceeding, the petitioner has only two days after
5 13 filing to provide notice or copies to the other
5 14 parties, and the proceeding shall receive the highest
5 15 priority among the cases before the district court.
5 16 The decisions under subsection 3 shall be made
5 17 within two days of the board's receipt of the
5 18 benefited candidate's disavowal and the benefited
5 19 candidate and opponents shall be promptly notified.
5 20 Advocacy information caused by a county or state
5 21 statutory political committee or a national political
5 22 party which benefit the political party generally and
5 23 which benefit more than one candidate are not subject
5 24 to the requirements of this section.
5 25 Sec. 7. NEW SECTION. 56.36 RESTRICTED CAMPAIGNS
5 26 – LIMITS ON ACCEPTANCE OF CONTRIBUTIONS.
5 27 If a restricted campaign exists, the acceptance of
5 28 contributions by candidates for the following offices
5 29 from political action committees and individuals is
5 30 subject to the following limitations:
5 31 1. Governor.
5 32 a. Total political action committee contributions,
5 33 thirty-five percent of the candidate's applicable
5 34 expenditure limit in a primary election, and thirty-
5 35 five percent of the candidate's expenditure limit in a
5 36 general election.
5 37 b. Largest political action committee
5 38 contribution, five thousand dollars.
5 39 c. Largest individual contribution, excluding
5 40 contributions made by a candidate to the candidate's
5 41 own campaign, one thousand dollars.
5 42 2. Attorney general, secretary of agriculture,
5 43 secretary of state, treasurer of state, and auditor of
5 44 state.
5 45 a. Total political action committee contributions,
5 46 thirty-five percent of the candidate's applicable
5 47 expenditure limit in a primary election, and thirty-
5 48 five percent of the candidate's expenditure limit in a
5 49 general election.
5 50 b. Largest political action committee
6 1 contribution, five thousand dollars.
6 2 c. Largest individual contribution, excluding
6 3 contributions made by a candidate to the candidate's
6 4 own campaign, one thousand dollars.
6 5 3. State senator.
6 6 a. Total political action committee contributions,
6 7 thirty-five percent of the candidate's applicable
6 8 expenditure limit in a primary election, and thirty-
6 9 five percent of the candidate's expenditure limit in a
6 10 general election.
6 11 b. Largest political action committee
6 12 contribution, one thousand dollars.
6 13 c. Largest individual contribution, excluding
6 14 contributions made by a candidate to the candidate's
6 15 own campaign, five hundred dollars.
6 16 4. State representative.
6 17 a. Total political action committee contributions,
6 18 thirty-five percent of the candidate's applicable
6 19 expenditure limit in a primary election, and thirty-
6 20 five percent of the candidate's expenditure limit in a
6 21 general election.
6 22 b. Largest political action committee
6 23 contribution, one thousand dollars.
6 24 c. Largest individual contribution, excluding
6 25 contributions made by the candidate to the candidate's
6 26 own campaign, five hundred dollars.
6 27 5. Individual contributions to the candidate or
6 28 candidate's committee made by one individual of a
6 29 cumulative value of one hundred dollars or more shall
6 30 be reported, including the name, address, occupation,
6 31 and place of business of the contributor.
6 32 Sec. 8. NEW SECTION. 56.37 PENALTIES.
6 33 1. A candidate who voluntarily agrees to a
6 34 restricted campaign, and who exceeds the expenditure
6 35 or contribution limitations in this division, shall be
6 36 subject to a fine which is based on the percentage by
6 37 which the candidate exceeds permitted expenditures or
6 38 contributions, so that the candidate shall pay a
6 39 percentage of the excess campaign expenditures or
6 40 contributions as follows:
6 41 a. Governor. For excess campaign expenditures or
6 42 contributions of under two thousand dollars, one
6 43 percent; for excess campaign expenditures or
6 44 contributions of two thousand to ten thousand dollars,
6 45 ten percent; for excess campaign expenditures or
6 46 contributions of ten thousand one to twenty thousand
6 47 dollars, twenty-five percent; for excess campaign
6 48 expenditures or contributions of over twenty thousand
6 49 dollars, fifty percent.
6 50 b. Attorney general, secretary of agriculture,
7 1 secretary of state, treasurer of state, and auditor of
7 2 state. For excess campaign expenditures or
7 3 contributions under one thousand dollars, one percent;
7 4 for excess expenditures or contributions of one
7 5 thousand to five thousand dollars, ten percent; for
7 6 excess expenditures or contributions of five thousand
7 7 one to ten thousand dollars, twenty-five percent; for
7 8 excess expenditures or contributions of over ten
7 9 thousand dollars, fifty percent.
7 10 c. State senator. For excess campaign
7 11 expenditures or contributions of under five hundred
7 12 dollars, one percent; for excess expenditures or
7 13 contributions of five hundred to one thousand dollars,
7 14 ten percent; for excess expenditures or contributions
7 15 of one thousand one to five thousand dollars, twenty-
7 16 five percent; for excess expenditures or contributions
7 17 of over five thousand dollars, fifty percent.
7 18 d. State representative. For excess campaign
7 19 expenditures or contributions of under two hundred
7 20 fifty dollars, one percent; for excess expenditures or
7 21 contributions of two hundred fifty to five hundred
7 22 dollars, ten percent; for excess expenditures or
7 23 contributions of five hundred one to two thousand five
7 24 hundred dollars, twenty-five percent; for excess
7 25 expenditures or contributions of over two thousand
7 26 five hundred dollars, fifty percent.
7 27 Fines collected pursuant to this section shall be
7 28 paid to the state political party of the violating
7 29 candidate's opponent.
7 30 2. Mileage expenses of the candidate, at a rate
7 31 determined pursuant to section 2.10, are not subject
7 32 to the expenditure limits of section 56.33.
7 33 3. The criminal penalty of section 56.16 applies
7 34 to violations of this division.
7 35 4. A candidate who knowingly and intentionally
7 36 violates the expenditure or contribution limits of
7 37 section 56.33 or section 56.36 is, upon conviction,
7 38 guilty of a class "D" felony, but is only subject to a
7 39 fine and is not subject to imprisonment,
7 40 notwithstanding the provisions of section 902.9. A
7 41 candidate shall not take the oath of office pending
7 42 conviction or acquittal, following trial, on charges
7 43 brought under this subsection, and a candidate is
7 44 disqualified from holding office upon conviction
7 45 obtained pursuant to this subsection.
7 46 Sec. 9. Section 56.13, subsection 1, unnumbered
7 47 paragraph 1, Code Supplement 1995, is amended to read
7 48 as follows:
7 49 Action involving a contribution or expenditure
7 50 which must be reported under this chapter and which is
8 1 taken by any person, candidate's committee or
8 2 political committee on behalf of a candidate, if known
8 3 and approved by the candidate, shall be deemed action
8 4 by the candidate and reported by the candidate's
8 5 committee. If a restricted campaign exists, the
8 6 action involving an expenditure or contribution which
8 7 must be reported under this chapter and which is taken
8 8 by any person, candidate's committee, or political
8 9 committee on behalf of a candidate, if known and
8 10 approved by the candidate, shall be reported by the
8 11 candidate's committee, and shall be credited against
8 12 the candidate's expenditure or contribution limits
8 13 pursuant to section 56.33 or 56.36. It shall be
8 14 presumed that a candidate approves the action if the
8 15 candidate had knowledge of it and failed to file a
8 16 statement of disavowal with the commissioner or board
8 17 and take corrective action within seventy-two hours of
8 18 the action. A person, candidate's committee or
8 19 political committee taking such action independently
8 20 of that candidate's committee shall notify that
8 21 candidate's committee in writing within twenty-four
8 22 hours of taking the action. The notification shall
8 23 provide that candidate's committee with the cost of
8 24 the promotion at fair market value. A copy of the
8 25 notification shall be sent to the board. If a
8 26 candidate files a statement of disavowal, the
8 27 commissioner or board shall forward a copy of the
8 28 statement to the candidate's opponent.
8 29 Sec. 10. Section 56.14, Code Supplement 1995, is
8 30 amended by adding the following new unnumbered
8 31 paragraph:
8 32 NEW UNNUMBERED PARAGRAPH. In addition to the
8 33 identification required in this section, a candidate's
8 34 committee of a candidate who is not registered for a
8 35 restricted campaign pursuant to section 56.32, shall
8 36 include, on all printed material, a statement, equal
8 37 in size to the identification information, that the
8 38 candidate is not registered for a restricted campaign.
8 39 A similar disclaimer shall also be included, vocally,
8 40 in all radio and television commercials purchased on
8 41 behalf of the candidate. Candidates who have not
8 42 registered for a restricted campaign shall state the
8 43 following: "(name of candidate) refused to limit
8 44 campaign spending." The information required under
8 45 this paragraph may be included on materials and
8 46 commercials by a candidate who is registered for a
8 47 restricted campaign.
8 48 Sec. 11. ANTISEVERABILITY CLAUSE. Notwithstanding
8 49 section 4.12, if section 56.35, subsection 3 or 4, or
8 50 section 56.37, subsection 3, or the application
9 1 thereof is invalid, this Act shall be invalid.
9 2 Sec. 12. EFFECTIVE DATE. This Act takes effect
9 3 January 1, 1997."
9 4 #2. Title page, by striking lines 1 through 4 and
9 5 inserting the following: "An Act providing for
9 6 voluntary limitation of campaign expenditures and
9 7 contributions for certain elective officers, for
9 8 disclosure by candidates who do not elect to limit
9 9 campaign expenditures and contributions, for
9 10 penalties, and providing an effective date."
9 11
9 12
9 13
9 14 JOCHUM of Dubuque
9 15
9 16
9 17
9 18 WISE of Lee
9 19
9 20
9 21
9 22 BELL of Jasper
9 23
9 24
9 25
9 26 LARKIN of Lee
9 27
9 28
9 29
9 30 DREES of Carroll
9 31
9 32
9 33
9 34 KOENIGS of Mitchell
9 35
9 36
9 37
9 38 MUNDIE of Webster
9 39
9 40
9 41
9 42 BURNETT of Story
9 43
9 44
9 45
9 46 O'BRIEN of Boone
9 47
9 48
9 49
9 50 OLLIE of Clinton
10 1
10 2
10 3
10 4 HARPER of Black Hawk
10 5
10 6
10 7
10 8 MURPHY of Dubuque
10 9
10 10
10 11
10 12 TAYLOR of Linn
10 13
10 14
10 15
10 16 Connors of Polk
10 17
10 18
10 19
10 20 HOLVECK of Polk
10 21
10 22
10 23
10 24 MASCHER of Johnson
10 25
10 26
10 27
10 28 KREIMAN of Davis
10 29
10 30
10 31
10 32 FALLON of Polk
10 33 HF 2449.503 76
10 34 jls/jw
Text: H05326 Text: H05328 Text: H05300 - H05399 Text: H Index Bills and Amendments: General Index Bill History: General Index
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