Text: HF02293 Text: HF02295 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 56.2. Code Supplement 1995, is amended 1 2 by adding the following new subsections: 1 3 NEW SUBSECTION. 12A. "Election" means the process by 1 4 which individuals, whether opposed or unopposed, seek 1 5 nomination for election to office, as well as confirmation to 1 6 serve in office by the casting of ballots by voters. 1 7 NEW SUBSECTION. 12B. a. "Election campaign period" means 1 8 the time period between any type of election for a particular 1 9 office, commencing on the day following the previous election 1 10 of any type for that office, and continuing through the day of 1 11 the current type of election. 1 12 b. Election types subject to a campaign period definition 1 13 include, but are not limited to, primary, general, special and 1 14 runoff. Nominations made pursuant to chapters 44, 45, and 46 1 15 also require calculation of a separate election campaign 1 16 period. 1 17 NEW SUBSECTION. 21. "Statewide office" shall mean the 1 18 office of any of the state officers that are listed in section 1 19 39.9. 1 20 Sec. 2. NEW SECTION. 56.5B LIMITATIONS ON CONTRIBUTIONS. 1 21 1. A person shall not make contributions to a candidate or 1 22 a candidate's committee that, for any election campaign period 1 23 for that candidate, in the aggregate, exceed the following: 1 24 a. One thousand dollars for a candidate for a statewide 1 25 office. 1 26 b. Five hundred dollars for a candidate for the general 1 27 assembly. 1 28 2. A political committee shall not make contributions to a 1 29 candidate or a candidate's committee that, for any election 1 30 campaign period for that candidate, in the aggregate, exceed 1 31 the following: 1 32 a. Five thousand dollars for a candidate for a statewide 1 33 office. 1 34 b. One thousand dollars for a candidate for the general 1 35 assembly. 2 1 3. A candidate or candidate's committee shall not 2 2 knowingly accept any contribution in violation of this 2 3 section. 2 4 4. This section shall not apply to candidates for the 2 5 United States senate, house of representatives, or other 2 6 federal office. 2 7 5. a. For purposes of this section, "election campaign 2 8 period" shall be construed to apply separate contribution 2 9 limits for each type of election for a particular office. 2 10 b. An election in which a candidate is unopposed is a 2 11 separate election for purposes of the limitations on 2 12 contributions, whether or not the election is actually held. 2 13 If the election is not held, the date on which the election 2 14 would have been held shall be considered to be the date of the 2 15 election. 2 16 c. The director shall determine the relevant election 2 17 campaign periods prior to the beginning of each calendar year. 2 18 The election campaign periods for all offices shall be 2 19 published in the first edition of the Iowa administrative 2 20 bulletin in each calendar year. 2 21 Sec. 3. Section 56.13, subsection 1, Code Supplement 1995, 2 22 is amended to read as follows: 2 23 1. Action involving a contribution or expenditure which 2 24 must be reported under this chapter and which is taken by any 2 25 person, candidate's committee, or political committee on 2 26 behalf of a candidate, if known and approved by the candidate, 2 27 shall be deemed action by the candidate and reported by the 2 28 candidate's committee. 2 29 a. It shall be presumed that a candidate approves the 2 30 action if the candidate had knowledge of it and failed to file 2 31 a statement of disavowal with the commissioner or board and 2 32 take corrective action within seventy-two hours of the action. 2 33 b. An expenditure made on behalf of the candidate, and 2 34 which is not disavowed by the candidate, shall be deemed a 2 35 contribution to the candidate or candidate's committee, and is 3 1 subject to the limitations and prohibitions in section 56.5B, 3 2 as well as the disclosure requirements of section 56.6. 3 3 c. No expenditure by a candidate's committee can be 3 4 disavowed by the candidate. 3 5 d. For purposes of this section, an expenditure or 3 6 contribution shall be construed to have been taken on behalf 3 7 of a candidate according to the following: 3 8 (1) A contribution or expenditure that conveys a message 3 9 that is reasonably construed to advocate the election of a 3 10 clearly identified candidate may be an action on behalf of 3 11 that candidate, if it does not otherwise qualify as an 3 12 independent expenditure under this section. 3 13 (2) A contribution or expenditure that conveys a message 3 14 that is reasonably construed to advocate the defeat of a 3 15 clearly identified candidate may be an action on behalf of 3 16 that candidate's opponent, if it does not otherwise qualify as 3 17 an independent expenditure under this section. 3 18 1A. a. A person, candidate's committee, or political 3 19 committee takingsuchactionindependently of that candidate's3 20committeeinvolving a contribution or expenditure that conveys 3 21 a message that is reasonably construed to advocate the 3 22 election or defeat of a clearly identified candidate shall 3 23 notifythat candidate's committeethe following in writing 3 24 within twenty-four hours of taking the action: 3 25 (1) The candidate's committee, if the contribution or 3 26 expenditure may reasonably be construed to convey a message 3 27 advocating the election of the candidate. 3 28 (2) The committee for the candidate's opponent, if the 3 29 contribution or expenditure may reasonably be construed to 3 30 advocate the defeat of the candidate. 3 31 b. The notification shall provide that candidate's 3 32 committee with the cost of the promotion at fair market value. 3 33 c. A copy of the notification shall be sent to the board. 3 34 1B. Any person who makes expenditures or incurs 3 35 indebtedness, other than incidental expenses incurred in 4 1 performing volunteer work, in support or opposition of a 4 2 candidate for public office shall notify the appropriate 4 3 committee and provide necessary information for disclosure 4 4 reports. 4 5 1C. For purposes of this section, action shall be 4 6 construed to have been taken independently of a candidate's 4 7 committee only if the action was not made with the cooperation 4 8 of, with the prior consent of, in consultation with, or at the 4 9 request or suggestion of any candidate, any candidate's 4 10 committee, or other agent for the candidate. 4 11 a. For purposes of this section, an agent of the candidate 4 12 is any person who has actual oral or written authority, either 4 13 express or implied, to make or to authorize the making of 4 14 expenditures on behalf of a candidate, or any person who has 4 15 been placed in a position within the campaign organization 4 16 where it would reasonably appear that in the ordinary course 4 17 of campaign-related activities, that person may authorize 4 18 activity on behalf of the candidate. 4 19 b. An action will be presumed to be made with the 4 20 cooperation of, with the prior consent of, in consultation 4 21 with, or at the request or suggestion of any candidate, any 4 22 candidate's committee, or other agent for the candidate in the 4 23 following situations: 4 24 (1) When the action is based on information about the 4 25 candidate's plans, projects, or needs, which information is 4 26 provided by the candidate, the candidate's committee, or other 4 27 agent of the candidate. 4 28 (2) When the action involves any arrangement, 4 29 coordination, or direction by the candidate, the candidate's 4 30 committee, or other agent of the candidate prior to the 4 31 action. 4 32 (3) When the action involves any participation by the 4 33 candidate or any person who is or who has been an officer of 4 34 the candidate's committee, or who is or has been receiving 4 35 compensation or reimbursement from the candidate, the 5 1 candidate's committee, or other agent of the candidate. 5 2 1D. Any expenditure which is part of action that is deemed 5 3 not to have been taken independently of the candidate, 5 4 candidate's committee, or other agent of the candidate shall 5 5 be considered a contribution for the purpose of contribution 5 6 limitations and prohibitions. All reporting requirements 5 7 shall apply to such contributions. 5 8 1E. No expenditure by a candidate's committee shall be 5 9 construed to be an independent expenditure under this section. 5 10 Sec. 4. This Act takes effect January 1, 1997. 5 11 EXPLANATION 5 12 Section 2 of this bill sets contribution limits on a per- 5 13 election basis for candidates for statewide offices and the 5 14 general assembly. This bill also defines in section 1 5 15 "election" and "election campaign period" according to each 5 16 type of election, and the terms are further construed in 5 17 section 2. Section 1 also adds a definition for "statewide 5 18 office" that refers to the state officers listed in section 5 19 39.9. 5 20 Section 3 adds subsections to the Code section pertaining 5 21 to individual expenditures. These new subsections further 5 22 define when an expenditure or contribution will be deemed 5 23 independent of a candidate's committee, and therefore not 5 24 subject to the contribution limitations added in section 2. 5 25 These provisions are modeled after federal regulations dealing 5 26 with independent expenditures. 5 27 Contributions knowingly given or accepted in violation of 5 28 these provisions would be subject to the existing penalties in 5 29 section 56.16. 5 30 Finally, section 4 provides for an effective date of 5 31 January 1, 1997, to allow for completion of the current 5 32 election cycle prior to application of the new contribution 5 33 limits. 5 34 LSB 3882YH 76 5 35 jls/jj/8.1
Text: HF02293 Text: HF02295 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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