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House Journal: Page 765: Thursday, March 14, 1996

34   to violations of this division.
35     4.  A candidate who knowingly and intentionally
36   violates the expenditure or contribution limits of
37   section 56.33 or section 56.36 is, upon conviction,
38   guilty of a class "D" felony, but is only subject to a
39   fine and is not subject to imprisonment,
40   notwithstanding the provisions of section 902.9.  A
41   candidate shall not take the oath of office pending
42   conviction or acquittal, following trial, on charges
43   brought under this subsection, and a candidate is
44   disqualified from holding office upon conviction
45   obtained pursuant to this subsection.
46     Sec. 9.  Section 56.13, subsection 1, unnumbered
47   paragraph 1, Code Supplement 1995, is amended to read
48   as follows:
49     Action involving a contribution or expenditure
50   which must be reported under this chapter and which is

Page   8

 1   taken by any person, candidate's committee or
 2   political committee on behalf of a candidate, if known
 3   and approved by the candidate, shall be deemed action
 4   by the candidate and reported by the candidate's
 5   committee.  If a restricted campaign exists, the
 6   action involving an expenditure or contribution which
 7   must be reported under this chapter and which is taken
 8   by any person, candidate's committee, or political
 9   committee on behalf of a candidate, if known and
10   approved by the candidate, shall be reported by the
11   candidate's committee, and shall be credited against
12   the candidate's expenditure or contribution limits
13   pursuant to section 56.33 or 56.36.  It shall be
14   presumed that a candidate approves the action if the
15   candidate had knowledge of it and failed to file a
16   statement of disavowal with the commissioner or board
17   and take corrective action within seventy-two hours of
18   the action.  A person, candidate's committee or
19   political committee taking such action independently
20   of that candidate's committee shall notify that
21   candidate's committee in writing within twenty-four
22   hours of taking the action.  The notification shall
23   provide that candidate's committee with the cost of
24   the promotion at fair market value.  A copy of the
25   notification shall be sent to the board.  If a
26   candidate files a statement of disavowal, the
27   commissioner or board shall forward a copy of the
28   statement to the candidate's opponent.
29     Sec. 10.  Section 56.14, Code Supplement 1995, is
30   amended by adding the following new unnumbered
31   paragraph:
32     NEW UNNUMBERED PARAGRAPH.  In addition to the
33   identification required in this section, a candidate's

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