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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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© 1996 Cornell College and League of Women Voters of Iowa
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Last update: Mon Mar 18 13:30:02 CST 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/00700/00765.html
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