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PAG LIN
1 1 Section 1. Sections 1 through 8 of this Act are created as
1 2 a new division of chapter 56.
1 3 Sec. 2. NEW SECTION. 56.31 DEFINITIONS.
1 4 As used in this division, unless the context requires
1 5 otherwise:
1 6 1. "Advocacy information" is material published or
1 7 broadcast which discusses public issues, candidates, or voting
1 8 records from which a reasonable person could draw a fair
1 9 inference that the material recommends the defeat or election
1 10 of an identifiable candidate in a restricted campaign.
1 11 2. "Benefited candidate" means a candidate in a restricted
1 12 campaign whose election is recommended or whose opponent's
1 13 defeat is recommended by advocacy information or by the fair
1 14 inferences drawn from the advocacy information by a reasonable
1 15 person as determined by the board.
1 16 3. "Eligible office" means the offices of state
1 17 representative, state senator, secretary of agriculture,
1 18 secretary of state, treasurer of state, auditor of state,
1 19 attorney general, and governor. The office of lieutenant
1 20 governor shall not be considered a separate eligible office
1 21 but shall be considered with the office of governor for
1 22 purposes of this division.
1 23 4. "Political action committee" means any political
1 24 committee except a county statutory political committee, a
1 25 state statutory political committee, a national political
1 26 party, or a nonparty political organization under chapter 44.
1 27 5. "Qualifying nomination" means a nomination by a
1 28 political party as defined by section 43.2, or a nomination
1 29 under chapter 44 or 45.
1 30 6. "Restricted campaign" means a campaign for an eligible
1 31 office in which there are two or more candidates with
1 32 qualifying nominations and all of those candidates have
1 33 registered with the board and voluntarily agreed to limit
1 34 campaign expenditures and contributions pursuant to section
1 35 56.33.
2 1 Sec. 3. NEW SECTION. 56.32 REGISTRATION FOR A RESTRICTED
2 2 CAMPAIGN.
2 3 Each candidate for an eligible office shall register with
2 4 the board and shall indicate whether the candidate voluntarily
2 5 agrees to limit campaign expenditures and contributions in a
2 6 restricted campaign prior to or with the filing of nomination
2 7 papers pursuant to chapter 43, 44, or 45.
2 8 Notwithstanding section 43.20, the nomination petition of a
2 9 candidate who does not agree to a restricted campaign must
2 10 contain signatures of at least fifteen percent of the total
2 11 number of votes cast in the last general election for that
2 12 office. A candidate nominated pursuant to section 43.66 who
2 13 does not agree to a restricted campaign must file a nomination
2 14 petition within fifteen days of nomination containing
2 15 signatures of at least fifteen percent of the total number of
2 16 votes cast in the last general election for that office in
2 17 order to be placed on the general election ballot. A
2 18 candidate who agrees to a restricted campaign and whose
2 19 opponent does not agree to a restricted campaign is not
2 20 required to obtain signatures under this section, is not
2 21 subject to the limitations on campaign expenditures or
2 22 contributions imposed in this division, and shall be
2 23 considered as a candidate who agreed to a restricted campaign
2 24 for purposes of this section.
2 25 Notwithstanding the dates required for filing disclosure
2 26 reports pursuant to section 56.6, a candidate who does not
2 27 agree to a restricted campaign pursuant to this section shall
2 28 file a disclosure report each month until June 30 of the year
2 29 of the election. Beginning July 1 of the year of the
2 30 election, the candidate shall file a disclosure report every
2 31 fourteen days until the date of the general election. After
2 32 the date of election, the candidate shall file a disclosure
2 33 report each month until the candidate files nomination papers
2 34 for the same or another public office, or closes the
2 35 candidate's campaign account.
3 1 The commissioner required to publish notice of the election
3 2 and the ballot pursuant to section 49.53 shall, simultaneously
3 3 with such publication, publish the names of candidates who
3 4 agree and do not agree to a restricted campaign using the
3 5 following language where applicable: "These candidates
3 6 refused to limit their campaign spending."; or "These
3 7 candidates voluntarily agreed to limit their campaign
3 8 spending."
3 9 Sec. 4. NEW SECTION. 56.33 RESTRICTED CAMPAIGNS &endash;
3 10 LIMITS ON EXPENDITURES.
3 11 If a restricted campaign exists, the candidate's committees
3 12 of those candidates with qualifying nominations to that
3 13 eligible office are subject to the following limits on
3 14 expenditures:
3 15 1. Governor. Total expenditure limit, five hundred
3 16 thousand dollars in a primary election if there is no primary
3 17 opponent, one million dollars in a primary election if there
3 18 is a primary opponent, and one million five hundred thousand
3 19 dollars in a general election.
3 20 2. Attorney general, secretary of agriculture, secretary
3 21 of state, treasurer of state, and auditor of state. Total
3 22 expenditure limit, fifty thousand dollars in a primary
3 23 election if there is no primary opponent, one hundred thousand
3 24 dollars in a primary election if there is a primary opponent,
3 25 and one hundred thousand dollars in a general election.
3 26 3. State senator. Total expenditure limit, ten thousand
3 27 dollars in a primary election if there is no primary opponent,
3 28 twenty-five thousand dollars in a primary election if there is
3 29 a primary opponent, and twenty-five thousand dollars in a
3 30 general election.
3 31 4. State representative. Total expenditure limit, five
3 32 thousand dollars in a primary election if there is no primary
3 33 opponent, fifteen thousand dollars in a primary election if
3 34 there is a primary opponent, and fifteen thousand dollars in a
3 35 general election.
4 1 For purposes of this division, an expenditure occurs at the
4 2 time of performance and not at the time of payment.
4 3 Actions involving an expenditure taken on behalf of a
4 4 candidate in a restricted campaign shall be accepted,
4 5 reported, and credited against the limits of this section, or
4 6 disavowed pursuant to section 56.13. Actions taken by a
4 7 county or state statutory political committee or a national
4 8 political party which benefit the political party generally
4 9 and which benefit more than one candidate shall not be
4 10 considered as expenditures under this division.
4 11 The board shall, by July 1 in each odd-numbered year,
4 12 adjust the limitations on expenditures to reflect any increase
4 13 in the consumer price index as released by the federal
4 14 government.
4 15 Sec. 5. NEW SECTION. 56.34 PERIODS THE EXPENDITURE
4 16 LIMITS ARE IN EFFECT.
4 17 If a restricted campaign exists, the limitations of section
4 18 56.33 apply to expenses incurred during the following periods:
4 19 1. During an even-numbered year, from the date the
4 20 candidate or the candidate's treasurer files a statement of
4 21 organization as required by section 56.5, or from the date the
4 22 candidate or the candidate's designee files an affidavit of
4 23 candidacy with the state commissioner of elections, whichever
4 24 date is earlier, through the date of the general election for
4 25 that office.
4 26 2. During a special election, from the date the candidate
4 27 or the candidate's treasurer files a statement of organization
4 28 as required by section 56.5, or from the date the candidate or
4 29 the candidate's designee files an affidavit of candidacy with
4 30 the state commissioner of elections, whichever date is
4 31 earlier, through the date of the special election for that
4 32 office.
4 33 Sec. 6. NEW SECTION. 56.35 ADJUSTMENTS FOR BENEFITED
4 34 CANDIDATES AND OPPONENTS.
4 35 1. A person or political committee which causes the
5 1 publication, mass mailing, or broadcast of advocacy
5 2 information in a restricted campaign shall give notice to the
5 3 board and to the benefited candidate. The notice shall be
5 4 given by certified restricted mail within twenty-four hours
5 5 after the publication, mailing, or broadcast of the advocacy
5 6 information and be accompanied by the text of the advocacy
5 7 information and the amount of the publication, mailing, or
5 8 broadcasting expenditures.
5 9 2. The benefited candidate shall notify the board within
5 10 seventy-two hours of receipt of notice given pursuant to
5 11 subsection 1 whether the candidate accepts or disavows the
5 12 expenditure. If the candidate accepts the expenditure, the
5 13 anticipated expenditure shall be credited against the
5 14 candidate's expenditure limit. If the candidate files a
5 15 statement of disavowal, the commissioner or board shall
5 16 forward a copy of the statement to the candidate's opponent.
5 17 3. For the purposes of this section, the board shall
5 18 disregard the first five hundred dollars of aggregate
5 19 disavowed expenditures regarding a benefited candidate for the
5 20 general assembly, the first one thousand dollars of aggregate
5 21 disavowed expenditures regarding a benefited candidate for a
5 22 statewide office other than governor, and the first five
5 23 thousand dollars of aggregate disavowed expenditures regarding
5 24 a benefited candidate for governor. If the aggregate
5 25 disavowed expenditures regarding a benefited candidate exceed
5 26 the amounts provided in this section, the board shall
5 27 determine if a reasonable person would or would not draw a
5 28 fair inference that the material assists the election of the
5 29 benefited candidate or the defeat of an opposing candidate.
5 30 If the board determines that a candidate is benefited, the
5 31 board shall attribute the disavowed expenditure to the
5 32 expenditure limits of the benefited candidate and shall do one
5 33 of the following: increase the benefited candidate's
5 34 opponent's expenditure limits by the amount of the disavowed
5 35 expenditures attributed to the benefited candidate or
6 1 eliminate the expenditure limit of the benefited candidate's
6 2 opponent for that election period.
6 3 4. The board by rule may delegate decisions under
6 4 subsection 3 to a panel of three members of the board. If
6 5 delegated, the decisions of the panel constitute final agency
6 6 action for the purposes of chapter 17A. Notwithstanding
6 7 section 17A.19, a petition for judicial review of a decision
6 8 under this section shall be filed only in Polk county district
6 9 court, the court shall not stay the increase or elimination of
6 10 the limits for the candidates opposing the benefited candidate
6 11 pending the outcome of the judicial review proceeding, the
6 12 petitioner has only two days after filing to provide notice or
6 13 copies to the other parties, and the proceeding shall receive
6 14 the highest priority among the cases before the district
6 15 court.
6 16 The decisions under subsection 3 shall be made within two
6 17 days of the board's receipt of the benefited candidate's
6 18 disavowal and the benefited candidate and opponents shall be
6 19 promptly notified.
6 20 Advocacy information caused by a county or state statutory
6 21 political committee or a national political party which
6 22 benefit the political party generally and which benefit more
6 23 than one candidate are not subject to the requirements of this
6 24 section.
6 25 Sec. 7. NEW SECTION. 56.36 RESTRICTED CAMPAIGNS &endash;
6 26 LIMITS ON ACCEPTANCE OF CONTRIBUTIONS.
6 27 If a restricted campaign exists, the acceptance of
6 28 contributions by candidates for the following offices from
6 29 political action committees and individuals is subject to the
6 30 following limitations:
6 31 1. Governor.
6 32 a. Total political action committee contributions, thirty-
6 33 five percent of the candidate's applicable expenditure limit
6 34 in a primary election, and thirty-five percent of the
6 35 candidate's expenditure limit in a general election.
7 1 b. Largest political action committee contribution, five
7 2 thousand dollars.
7 3 c. Largest individual contribution, excluding
7 4 contributions made by a candidate to the candidate's own
7 5 campaign, one thousand dollars.
7 6 2. Attorney general, secretary of agriculture, secretary
7 7 of state, treasurer of state, and auditor of state.
7 8 a. Total political action committee contributions, thirty-
7 9 five percent of the candidate's applicable expenditure limit
7 10 in a primary election, and thirty-five percent of the
7 11 candidate's expenditure limit in a general election.
7 12 b. Largest political action committee contribution, five
7 13 thousand dollars.
7 14 c. Largest individual contribution, excluding
7 15 contributions made by a candidate to the candidate's own
7 16 campaign, one thousand dollars.
7 17 3. State senator.
7 18 a. Total political action committee contributions, thirty-
7 19 five percent of the candidate's applicable expenditure limit
7 20 in a primary election, and thirty-five percent of the
7 21 candidate's expenditure limit in a general election.
7 22 b. Largest political action committee contribution, one
7 23 thousand dollars.
7 24 c. Largest individual contribution, excluding
7 25 contributions made by a candidate to the candidate's own
7 26 campaign, five hundred dollars.
7 27 4. State representative.
7 28 a. Total political action committee contributions, thirty-
7 29 five percent of the candidate's applicable expenditure limit
7 30 in a primary election, and thirty-five percent of the
7 31 candidate's expenditure limit in a general election.
7 32 b. Largest political action committee contribution, one
7 33 thousand dollars.
7 34 c. Largest individual contribution, excluding
7 35 contributions made by the candidate to the candidate's own
8 1 campaign, five hundred dollars.
8 2 5. Individual contributions to the candidate or
8 3 candidate's committee made by one individual of a cumulative
8 4 value of one hundred dollars or more shall be reported,
8 5 including the name, address, occupation, and place of business
8 6 of the contributor.
8 7 Sec. 8. NEW SECTION. 56.37 PENALTIES.
8 8 1. A candidate who voluntarily agrees to a restricted
8 9 campaign, and who exceeds the expenditure or contribution
8 10 limitations in this division, shall be subject to a fine which
8 11 is based on the percentage by which the candidate exceeds
8 12 permitted expenditures or contributions, so that the candidate
8 13 shall pay a percentage of the excess campaign expenditures or
8 14 contributions as follows:
8 15 a. Governor. For excess campaign expenditures or
8 16 contributions of under two thousand dollars, one percent; for
8 17 excess campaign expenditures or contributions of two thousand
8 18 to ten thousand dollars, ten percent; for excess campaign
8 19 expenditures or contributions of ten thousand one to twenty
8 20 thousand dollars, twenty-five percent; for excess campaign
8 21 expenditures or contributions of over twenty thousand dollars,
8 22 fifty percent.
8 23 b. Attorney general, secretary of agriculture, secretary
8 24 of state, treasurer of state, and auditor of state. For
8 25 excess campaign expenditures or contributions under one
8 26 thousand dollars, one percent; for excess expenditures or
8 27 contributions of one thousand to five thousand dollars, ten
8 28 percent; for excess expenditures or contributions of five
8 29 thousand one to ten thousand dollars, twenty-five percent; for
8 30 excess expenditures or contributions of over ten thousand
8 31 dollars, fifty percent.
8 32 c. State senator. For excess campaign expenditures or
8 33 contributions of under five hundred dollars, one percent; for
8 34 excess expenditures or contributions of five hundred to one
8 35 thousand dollars, ten percent; for excess expenditures or
9 1 contributions of one thousand one to five thousand dollars,
9 2 twenty-five percent; for excess expenditures or contributions
9 3 of over five thousand dollars, fifty percent.
9 4 d. State representative. For excess campaign expenditures
9 5 or contributions of under two hundred fifty dollars, one
9 6 percent; for excess expenditures or contributions of two
9 7 hundred fifty to five hundred dollars, ten percent; for excess
9 8 expenditures or contributions of five hundred one to two
9 9 thousand five hundred dollars, twenty-five percent; for excess
9 10 expenditures or contributions of over two thousand five
9 11 hundred dollars, fifty percent.
9 12 Fines collected pursuant to this section shall be paid to
9 13 the state political party of the violating candidate's
9 14 opponent.
9 15 2. Mileage expenses of the candidate, at a rate determined
9 16 pursuant to section 2.10, are not subject to the expenditure
9 17 limits of section 56.33.
9 18 3. The criminal penalty of section 56.16 applies to
9 19 violations of this division.
9 20 4. A candidate who knowingly and intentionally violates
9 21 the expenditure or contribution limits of section 56.33 or
9 22 section 56.36 is, upon conviction, guilty of a class "D"
9 23 felony, but is only subject to a fine and is not subject to
9 24 imprisonment, notwithstanding the provisions of section 902.9.
9 25 A candidate shall not take the oath of office pending
9 26 conviction or acquittal, following trial, on charges brought
9 27 under this subsection, and a candidate is disqualified from
9 28 holding office upon conviction obtained pursuant to this
9 29 subsection.
9 30 Sec. 9. Section 56.13, subsection 1, unnumbered paragraph
9 31 1, Code 1995, is amended to read as follows:
9 32 Action involving a contribution or expenditure which must
9 33 be reported under this chapter and which is taken by any
9 34 person, candidate's committee or political committee on behalf
9 35 of a candidate, if known and approved by the candidate, shall
10 1 be deemed action by the candidate and reported by the
10 2 candidate's committee. If a restricted campaign exists, the
10 3 action involving an expenditure or contribution which must be
10 4 reported under this chapter and which is taken by any person,
10 5 candidate's committee, or political committee on behalf of a
10 6 candidate, if known and approved by the candidate, shall be
10 7 reported by the candidate's committee, and shall be credited
10 8 against the candidate's expenditure or contribution limits
10 9 pursuant to section 56.33 or 56.36. It shall be presumed that
10 10 a candidate approves the action if the candidate had knowledge
10 11 of it and failed to file a statement of disavowal with the
10 12 commissioner or board and take corrective action within
10 13 seventy-two hours of the action. A person, candidate's
10 14 committee or political committee taking such action
10 15 independently of that candidate's committee shall notify that
10 16 candidate's committee in writing within twenty-four hours of
10 17 taking the action. The notification shall provide that
10 18 candidate's committee with the cost of the promotion at fair
10 19 market value. A copy of the notification shall be sent to the
10 20 board. If a candidate files a statement of disavowal, the
10 21 commissioner or board shall forward a copy of the statement to
10 22 the candidate's opponent.
10 23 Sec. 10. Section 56.14, Code 1995, is amended by adding
10 24 the following new unnumbered paragraph:
10 25 NEW UNNUMBERED PARAGRAPH. In addition to the
10 26 identification required in this section, a candidate's
10 27 committee of a candidate who is not registered for a
10 28 restricted campaign pursuant to section 56.32, shall include,
10 29 on all printed material, a statement, equal in size to the
10 30 identification information, that the candidate is not
10 31 registered for a restricted campaign. A similar disclaimer
10 32 shall also be included, vocally, in all radio and television
10 33 commercials purchased on behalf of the candidate. Candidates
10 34 who have not registered for a restricted campaign shall state
10 35 the following: "(name of candidate) refused to limit campaign
11 1 spending." The information required under this paragraph may
11 2 be included on materials and commercials by a candidate who is
11 3 registered for a restricted campaign.
11 4 Sec. 11. ANTISEVERABILITY CLAUSE. Notwithstanding section
11 5 4.12, if section 56.35, subsection 3 or 4, or section 56.37,
11 6 subsection 3, or the application thereof is invalid, this Act
11 7 shall be invalid.
11 8 Sec. 12. EFFECTIVE DATE. This Act takes effect January 1,
11 9 1996.
11 10 EXPLANATION
11 11 Section 1 of this bill creates a new division in chapter
11 12 56.
11 13 Section 2 establishes definitions for the terms "advocacy
11 14 information", "benefited candidate", "eligible office",
11 15 "political action committee", "qualifying nomination", and
11 16 "restricted campaign" which are used in the division, and
11 17 effectively limits application of the division to candidates
11 18 for governor, lieutenant governor, statewide elected office,
11 19 the senate, or the house of representatives who have
11 20 registered with the ethics and campaign disclosure board for a
11 21 restricted campaign.
11 22 Section 3 establishes the registration procedure for
11 23 restricted campaigns. Candidates who wish to voluntarily
11 24 limit their campaign expenditures must indicate that
11 25 preference, before or at the time of filing nomination papers,
11 26 with the ethics and campaign disclosure board. Candidates who
11 27 do not wish to restrict their expenditures must have notarized
11 28 signatures from voters in an amount that at least equals 15
11 29 percent of the number of votes cast during the last general
11 30 election for that office and are subject to monthly disclosure
11 31 requirements until June 30 of the year of the election and
11 32 biweekly reporting from July 1 until the date of the general
11 33 election. After the election candidates that do not agree to
11 34 participate in a restricted campaign must again file monthly
11 35 disclosure reports until they file new nomination papers for
12 1 office or close their campaign account. Ballots that are to
12 2 be printed for that office will indicate whether a candidate
12 3 has registered to participate in a restricted campaign.
12 4 Section 4 establishes the limits that are imposed on the
12 5 various offices for which a candidate can elect to restrict
12 6 expenditures.
12 7 Section 5 establishes the periods of time during which
12 8 expenditure limits are applicable if a candidate elects to
12 9 participate in a restricted campaign. The period ranges from
12 10 the time that either the candidate's treasurer files a
12 11 statement of organization or the candidate's affidavit of
12 12 candidacy is filed until the date of the election.
12 13 Section 6 relates to various expenditures by persons or
12 14 committees that may be attributable to a candidate for
12 15 purposes of calculating how much a candidate has expended. A
12 16 procedure is established for notifying the candidate of an
12 17 expenditure and for a candidate to disavow and avoid having
12 18 the expenditure attributed to the candidate's overall
12 19 expenditure limit. The section provides for review of
12 20 disavowed expenditures, once they exceed certain amounts.
12 21 Section 7 places limits on the acceptance of various kinds
12 22 of contributions by candidates who agree to participate in
12 23 restricted campaigns.
12 24 Section 8 establishes fines for candidates, who exceed the
12 25 limits to which they have agreed as part of a restricted
12 26 campaign, based upon the percentage difference between the
12 27 amount of excess and the campaign expenditure limit. Knowing
12 28 and intentional violations of expenditures limits in
12 29 restricted campaigns are class "D" felonies. Charges of
12 30 violation of the expenditure limits prevent a candidate from
12 31 being able to be sworn into office and, if convicted, will
12 32 prevent the candidate from holding office.
12 33 Section 9 provides that action by another person on behalf
12 34 of a candidate that is approved by a candidate, if the
12 35 candidate is participating in a restricted campaign, is to be
13 1 reported and attributed to the candidate's expenditure limits.
13 2 Section 10 provides that the candidate is to include on
13 3 printed materials and radio and television commercials
13 4 information regarding participation in a restricted campaign
13 5 by the candidate.
13 6 Section 11 provides that if the provisions relating to
13 7 attribution of expenditures by other persons to a candidate or
13 8 certain penalties contained in the bill are invalid, the
13 9 entire bill is invalid.
13 10 The bill takes effect January 1, 1996.
13 11 LSB 1267SS 76
13 12 lh/jw/5
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