Text: S05488 Text: S05490 Text: S05400 - S05499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Amend House File 2449, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "Section 1. Sections 2 through 8 of this Act are 1 6 created as a new division of chapter 56. 1 7 Sec. 2. NEW SECTION. 56.31 DEFINITIONS. 1 8 As used in this division, unless the context 1 9 requires otherwise: 1 10 1. "Advocacy information" is material published or 1 11 broadcast which discusses public issues, candidates, 1 12 or voting records from which a reasonable person could 1 13 draw a fair inference that the material recommends the 1 14 defeat or election of an identifiable candidate in a 1 15 restricted campaign. 1 16 2. "Benefited candidate" means a candidate in a 1 17 restricted campaign whose election is recommended or 1 18 whose opponent's defeat is recommended by advocacy 1 19 information or by the fair inferences drawn from the 1 20 advocacy information by a reasonable person as 1 21 determined by the board. 1 22 3. "Eligible office" means the offices of state 1 23 representative, state senator, secretary of 1 24 agriculture, secretary of state, treasurer of state, 1 25 auditor of state, attorney general, and governor. The 1 26 office of lieutenant governor shall not be considered 1 27 a separate eligible office but shall be considered 1 28 with the office of governor for purposes of this 1 29 division. 1 30 4. "Political action committee" means any 1 31 political committee except a county statutory 1 32 political committee, a state statutory political 1 33 committee, a national political party, or a nonparty 1 34 political organization under chapter 44. 1 35 5. "Qualifying nomination" means a nomination by a 1 36 political party as defined by section 43.2, or a 1 37 nomination under chapter 44 or 45. 1 38 6. "Restricted campaign" means a campaign for an 1 39 eligible office in which there are two or more 1 40 candidates with qualifying nominations and all of 1 41 those candidates have registered with the board and 1 42 voluntarily agreed to limit campaign expenditures and 1 43 contributions pursuant to section 56.33. 1 44 Sec. 3. NEW SECTION. 56.32 REGISTRATION FOR A 1 45 RESTRICTED CAMPAIGN. 1 46 Each candidate for an eligible office shall 1 47 register with the board and shall indicate whether the 1 48 candidate voluntarily agrees to limit campaign 1 49 expenditures and contributions in a restricted 1 50 campaign prior to or with the filing of nomination 2 1 papers pursuant to chapter 43, 44, or 45. 2 2 Notwithstanding section 43.20, the nomination 2 3 petition of a candidate who does not agree to a 2 4 restricted campaign must contain signatures of at 2 5 least twenty percent of the total number of votes cast 2 6 in the last general election for that office. A 2 7 candidate nominated pursuant to section 43.66 who does 2 8 not agree to a restricted campaign must file a 2 9 nomination petition within fifteen days of nomination 2 10 containing signatures of at least twenty percent of 2 11 the total number of votes cast in the last general 2 12 election for that office in order to be placed on the 2 13 general election ballot. A candidate who agrees to a 2 14 restricted campaign and whose opponent does not agree 2 15 to a restricted campaign is not required to obtain 2 16 signatures under this section, is not subject to the 2 17 limitations on campaign expenditures or contributions 2 18 imposed in this division, but shall be considered as a 2 19 candidate who agreed to a restricted campaign for all 2 20 other purposes of this following division. 2 21 Notwithstanding the dates required for filing 2 22 disclosure reports pursuant to section 56.6, a 2 23 candidate who does not agree to a restricted campaign 2 24 pursuant to this section shall file a disclosure 2 25 report each month until June 30 of the year of the 2 26 election. Beginning July 1 of the year of the 2 27 election, the candidate shall file a disclosure report 2 28 every fourteen days until the date of the general 2 29 election. After the date of election, the candidate 2 30 shall file a disclosure report each month until the 2 31 candidate files nomination papers for the same or 2 32 another public office, or closes the candidate's 2 33 campaign account. 2 34 The commissioner required to publish notice of the 2 35 election and the ballot pursuant to section 49.53 2 36 shall, simultaneously with such publication, publish 2 37 the names of candidates who agree and do not agree to 2 38 a restricted campaign using the following language 2 39 where applicable: "These candidates refused to limit 2 40 their campaign spending."; or "These candidates 2 41 voluntarily agreed to limit their campaign spending." 2 42 Sec. 4. NEW SECTION. 56.33 RESTRICTED CAMPAIGNS 2 43 – LIMITS ON EXPENDITURES. 2 44 If a restricted campaign exists, the candidate's 2 45 committees of those candidates with qualifying 2 46 nominations to that eligible office are subject to the 2 47 following limits on expenditures: 2 48 1. Governor. Total expenditure limit, five 2 49 hundred thousand dollars in a primary election if 2 50 there is no primary opponent, one million dollars in a 3 1 primary election if there is a primary opponent, and 3 2 one million five hundred thousand dollars in a general 3 3 election. 3 4 2. Attorney general, secretary of agriculture, 3 5 secretary of state, treasurer of state, and auditor of 3 6 state. Total expenditure limit, fifty thousand 3 7 dollars in a primary election if there is no primary 3 8 opponent, one hundred thousand dollars in a primary 3 9 election if there is a primary opponent, and one 3 10 hundred thousand dollars in a general election. 3 11 3. State senator. Total expenditure limit, ten 3 12 thousand dollars in a primary election if there is no 3 13 primary opponent, twenty-five thousand dollars in a 3 14 primary election if there is a primary opponent, and 3 15 twenty-five thousand dollars in a general election. 3 16 4. State representative. Total expenditure limit, 3 17 five thousand dollars in a primary election if there 3 18 is no primary opponent, fifteen thousand dollars in a 3 19 primary election if there is a primary opponent, and 3 20 fifteen thousand dollars in a general election. 3 21 For purposes of this division, an expenditure 3 22 occurs at the time of performance and not at the time 3 23 of payment. 3 24 Actions involving an expenditure taken on behalf of 3 25 a candidate in a restricted campaign shall be 3 26 accepted, reported, and credited against the limits of 3 27 this section, or disavowed pursuant to section 56.13. 3 28 Actions taken by a county or state statutory political 3 29 committee or a national political party which benefit 3 30 the political party generally and which benefit more 3 31 than one candidate shall not be considered as 3 32 expenditures under this division. 3 33 The board shall, by July 1 in each odd-numbered 3 34 year, adjust the limitations on expenditures to 3 35 reflect any increase in the consumer price index as 3 36 released by the federal government. 3 37 Sec. 5. NEW SECTION. 56.34 PERIODS THE 3 38 EXPENDITURE LIMITS ARE IN EFFECT. 3 39 If a restricted campaign exists, the limitations of 3 40 section 56.33 apply to expenses incurred during the 3 41 following periods: 3 42 1. During an even-numbered year, from the date the 3 43 candidate or the candidate's treasurer files a 3 44 statement of organization as required by section 56.5, 3 45 or from the date the candidate or the candidate's 3 46 designee files an affidavit of candidacy with the 3 47 state commissioner of elections, whichever date is 3 48 earlier, through the date of the general election for 3 49 that office. 3 50 2. During a special election, from the date the 4 1 candidate or the candidate's treasurer files a 4 2 statement of organization as required by section 56.5, 4 3 or from the date the candidate or the candidate's 4 4 designee files an affidavit of candidacy with the 4 5 state commissioner of elections, whichever date is 4 6 earlier, through the date of the special election for 4 7 that office. 4 8 Sec. 6. NEW SECTION. 56.35 ADJUSTMENTS FOR 4 9 BENEFITED CANDIDATES AND OPPONENTS. 4 10 1. A person or political committee which causes 4 11 the publication, mass mailing, or broadcast of 4 12 advocacy information in a restricted campaign shall 4 13 give notice to the board and to the benefited 4 14 candidate. The notice shall be given by certified 4 15 restricted mail within twenty-four hours after the 4 16 publication, mailing, or broadcast of the advocacy 4 17 information and be accompanied by the text of the 4 18 advocacy information and the amount of the 4 19 publication, mailing, or broadcasting expenditures. 4 20 2. The benefited candidate shall notify the board 4 21 within seventy-two hours of receipt of notice given 4 22 pursuant to subsection 1 whether the candidate accepts 4 23 or disavows the expenditure. If the candidate accepts 4 24 the expenditure, the anticipated expenditure shall be 4 25 credited against the candidate's expenditure limit. 4 26 If the candidate files a statement of disavowal, the 4 27 board shall forward a copy of the statement to the 4 28 candidate's opponent. 4 29 3. For the purposes of this section, the board 4 30 shall disregard the first five hundred dollars of 4 31 aggregate disavowed expenditures regarding a benefited 4 32 candidate for the general assembly, the first one 4 33 thousand dollars of aggregate disavowed expenditures 4 34 regarding a benefited candidate for a statewide office 4 35 other than governor, and the first five thousand 4 36 dollars of aggregate disavowed expenditures regarding 4 37 a benefited candidate for governor. If the aggregate 4 38 disavowed expenditures regarding a benefited candidate 4 39 exceed the amounts provided in this section, the board 4 40 shall determine if a reasonable person would or would 4 41 not draw a fair inference that the material assists 4 42 the election of the benefited candidate or the defeat 4 43 of an opposing candidate. If the board determines 4 44 that a candidate is benefited, the board shall 4 45 attribute the disavowed expenditure to the expenditure 4 46 limits of the benefited candidate and shall do one of 4 47 the following: increase the benefited candidate's 4 48 opponent's expenditure limits by the amount of the 4 49 disavowed expenditures attributed to the benefited 4 50 candidate or eliminate the expenditure limit of the 5 1 benefited candidate's opponent for that election 5 2 period. 5 3 4. The board by rule may delegate decisions under 5 4 subsection 3 to a panel of three members of the board. 5 5 If delegated, the decisions of the panel constitute 5 6 final agency action for the purposes of chapter 17A. 5 7 Notwithstanding section 17A.19, a petition for 5 8 judicial review of a decision under this section shall 5 9 be filed only in Polk county district court, the court 5 10 shall not stay the increase or elimination of the 5 11 limits for the candidates opposing the benefited 5 12 candidate pending the outcome of the judicial review 5 13 proceeding, the petitioner has only two days after 5 14 filing to provide notice or copies to the other 5 15 parties, and the proceeding shall receive the highest 5 16 priority among the cases before the district court. 5 17 The decisions under subsection 3 shall be made 5 18 within two days of the board's receipt of the 5 19 benefited candidate's disavowal and the benefited 5 20 candidate and opponents shall be promptly notified. 5 21 Advocacy information caused by a county or state 5 22 statutory political committee or a national political 5 23 party which benefits the political party generally and 5 24 which benefit more than one candidate are not subject 5 25 to the requirements of this section. 5 26 Sec. 7. NEW SECTION. 56.36 RESTRICTED CAMPAIGNS 5 27 – LIMITS ON ACCEPTANCE OF CONTRIBUTIONS. 5 28 If a restricted campaign exists, the acceptance of 5 29 contributions by candidates for the following offices 5 30 from political action committees and individuals is 5 31 subject to the following limitations: 5 32 1. Governor. 5 33 a. Total political action committee contributions, 5 34 fifty percent of the candidate's applicable 5 35 expenditure limit in a primary election, and fifty 5 36 percent of the candidate's expenditure limit in a 5 37 general election. 5 38 b. Largest political action committee 5 39 contribution, five thousand dollars. 5 40 c. Largest individual contribution, excluding 5 41 contributions made by a candidate to the candidate's 5 42 own campaign, one thousand dollars. 5 43 2. Attorney general, secretary of agriculture, 5 44 secretary of state, treasurer of state, and auditor of 5 45 state. 5 46 a. Total political action committee contributions, 5 47 fifty percent of the candidate's applicable 5 48 expenditure limit in a primary election, and fifty 5 49 percent of the candidate's expenditure limit in a 5 50 general election. 6 1 b. Largest political action committee 6 2 contribution, five thousand dollars. 6 3 c. Largest individual contribution, excluding 6 4 contributions made by a candidate to the candidate's 6 5 own campaign, one thousand dollars. 6 6 3. State senator. 6 7 a. Total political action committee contributions, 6 8 fifty percent of the candidate's applicable 6 9 expenditure limit in a primary election, and fifty 6 10 percent of the candidate's expenditure limit in a 6 11 general election. 6 12 b. Largest political action committee 6 13 contribution, one thousand dollars. 6 14 c. Largest individual contribution, excluding 6 15 contributions made by a candidate to the candidate's 6 16 own campaign, five hundred dollars. 6 17 4. State representative. 6 18 a. Total political action committee contributions, 6 19 fifty percent of the candidate's applicable 6 20 expenditure limit in a primary election, and fifty 6 21 percent of the candidate's expenditure limit in a 6 22 general election. 6 23 b. Largest political action committee 6 24 contribution, one thousand dollars. 6 25 c. Largest individual contribution, excluding 6 26 contributions made by the candidate to the candidate's 6 27 own campaign, five hundred dollars. 6 28 5. Individual contributions to the candidate or 6 29 candidate's committee made by one individual of a 6 30 cumulative value of one hundred dollars or more shall 6 31 be reported, including the name, address, occupation, 6 32 and place of business of the contributor. 6 33 Sec. 8. NEW SECTION. 56.37 PENALTIES. 6 34 1. A candidate who voluntarily agrees to a 6 35 restricted campaign, and who exceeds the expenditure 6 36 or contribution limitations in this division, shall be 6 37 subject to a fine which is based on the percentage by 6 38 which the candidate exceeds permitted expenditures or 6 39 contributions, so that the candidate shall pay a 6 40 percentage of the excess campaign expenditures or 6 41 contributions as follows: 6 42 a. Governor. Under two thousand dollars, one 6 43 percent; two thousand to ten thousand dollars, ten 6 44 percent; ten thousand one to twenty thousand dollars, 6 45 twenty-five percent; over twenty thousand dollars, 6 46 fifty percent. 6 47 b. Attorney general, secretary of agriculture, 6 48 secretary of state, treasurer of state, and auditor of 6 49 state. Under one thousand dollars, one percent; one 6 50 thousand to five thousand dollars, ten percent; five 7 1 thousand one to ten thousand dollars, twenty-five 7 2 percent; over ten thousand dollars, fifty percent. 7 3 c. State senator. Under five hundred dollars, one 7 4 percent; five hundred to one thousand dollars, ten 7 5 percent; one thousand one to five thousand dollars, 7 6 twenty-five percent; over five thousand dollars, fifty 7 7 percent. 7 8 d. State representative. Under two hundred fifty 7 9 dollars, one percent; two hundred fifty to five 7 10 hundred dollars, ten percent; five hundred one to two 7 11 thousand five hundred dollars, twenty-five percent; 7 12 over two thousand five hundred dollars, fifty percent. 7 13 Fines collected pursuant to this section shall be 7 14 paid to the state political party of the violating 7 15 candidate's opponent. 7 16 2. Mileage expenses of the candidate, at a rate 7 17 determined pursuant to section 2.10, are not subject 7 18 to the expenditure limits of section 56.33. 7 19 3. The criminal penalty of section 56.16 applies 7 20 to violations of this division. 7 21 4. A candidate who knowingly and intentionally 7 22 violates the expenditure or contribution limits of 7 23 section 56.33 or section 56.36 is, upon conviction, 7 24 guilty of a class "D" felony, but is only subject to a 7 25 fine and is not subject to imprisonment, 7 26 notwithstanding the provisions of section 902.9. A 7 27 candidate shall not take the oath of office pending 7 28 conviction or acquittal, following trial, on charges 7 29 brought under this subsection, and a candidate is 7 30 disqualified from holding office upon conviction 7 31 obtained pursuant to this subsection. 7 32 Sec. 9. Section 56.13, subsection 1, unnumbered 7 33 paragraph 1, Code Supplement 1995, is amended to read 7 34 as follows: 7 35 Action involving a contribution or expenditure 7 36 which must be reported under this chapter and which is 7 37 taken by any person, candidate's committee or 7 38 political committee on behalf of a candidate, if known 7 39 and approved by the candidate, shall be deemed action 7 40 by the candidate and reported by the candidate's 7 41 committee. If a restricted campaign exists, the 7 42 action involving an expenditure or contribution which 7 43 must be reported under this chapter which is taken by 7 44 any person, candidate's committee, or political 7 45 committee on behalf of a candidate, if known and 7 46 approved by the candidate, shall be deemed action by 7 47 the candidate, shall be reported by the candidate's 7 48 committee, and shall be credited against the 7 49 candidate's expenditure or contribution limits 7 50 pursuant to section 56.33 or 56.36. It shall be 8 1 presumed that a candidate approves the action if the 8 2 candidate had knowledge of it and failed to file a 8 3 statement of disavowal with thecommissioner orboard 8 4 and take corrective action within seventy-two hours of 8 5 the action. A person, candidate's committee or 8 6 political committee taking such action independently 8 7 of that candidate's committee shall notify that 8 8 candidate's committee in writing within twenty-four 8 9 hours of taking the action. The notification shall 8 10 provide that candidate's committee with the cost of 8 11 the promotion at fair market value. A copy of the 8 12 notification shall be sent to the board. If a 8 13 candidate files a statement of disavowal, the board 8 14 shall forward a copy of the statement to the 8 15 candidate's opponent. 8 16 Sec. 10. Section 56.14, Code Supplement 1995, is 8 17 amended by adding the following new unnumbered 8 18 paragraph: 8 19 NEW UNNUMBERED PARAGRAPH. In addition to the 8 20 identification required in this section, a candidate's 8 21 committee of a candidate who is not registered for a 8 22 restricted campaign pursuant to section 56.32 shall 8 23 include, on all printed material, a statement, equal 8 24 in size to the identification information, that the 8 25 candidate is not registered for a restricted campaign. 8 26 A similar disclaimer shall also be included, vocally, 8 27 in all radio and television commercials purchased on 8 28 behalf of the candidate. Candidates who have not 8 29 registered for a restricted campaign shall state the 8 30 following: "(name of candidate) refused to limit 8 31 campaign spending." The information required under 8 32 this paragraph may be included on materials and 8 33 commercials by a candidate who is registered for a 8 34 restricted campaign. 8 35 Sec. 11. ANTISEVERABILITY CLAUSE. Notwithstanding 8 36 section 4.12, if section 56.35, subsection 3 or 4, or 8 37 section 56.37, subsection 3, or the application 8 38 thereof is invalid, this Act as a whole shall be 8 39 invalid. 8 40 Sec. 12. EFFECTIVE DATE. This Act takes effect 8 41 January 1, 1997." 8 42 #2. Title page, line 1, by inserting after the 8 43 word "contribution" the following: "and expenditure". 8 44 #3. Title page, lines 1 through 3, by striking the 8 45 words "by persons and political committees, addressing 8 46 independent expenditures on behalf of candidates, 8 47 employee and member contributions,". 8 48 #4. By renumbering as necessary. 8 49 8 50 9 1 9 2 COMMITTEE ON STATE GOVERNMENT 9 3 MICHAEL E. GRONSTAL, Chairperson 9 4 HF 2449.310 76 9 5 jls/cf
Text: S05488 Text: S05490 Text: S05400 - S05499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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