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House Journal: Page 1436: Monday, April 8, 1996

Page  11

 1   employment of legal counsel notwithstanding section
 2   13.7, and may employ any other personnel as may be
 3   necessary to carry out the duties of the board.  The
 4   board's legal counsel shall be the chief legal officer
 5   of the board, and shall advise the board on all legal
 6   matters relating to the administration of this
 7   chapter.  The state may be represented by the board's
 8   legal counsel in any civil action regarding the
 9   enforcement of this chapter or, at the board's
10   request, the state may be represented by the office of
11   the attorney general.  Notwithstanding section 19A.3,
12   all of the board's employees, except for the executive
13   director and legal counsel, shall be employed subject
14   to the merit system provisions of chapter 19A.
15     Sec. 15.  NEW SECTION.  56.53  DUTIES OF THE BOARD.
16     The duties of the board shall include, but are not
17   limited to, all of the following:
18     1.  Adopt rules pursuant to chapter 17A and conduct
19   investigations and hearings pursuant to section 56.54
20   and chapter 17A, as necessary to carry out the
21   purposes of this chapter.
22     2.  Adopt rules pursuant to chapter 17A
23   establishing standards for truthfulness and avoidance
24   of making deliberately misleading statements in
25   campaign advertising by candidates under this chapter
26   and requiring candidates to personally utter negative
27   statements about candidates if the statement is paid
28   for by the candidate or candidate's committee.
29     3.  Develop, prescribe, and furnish any forms
30   necessary for the implementation of the procedures
31   contained in this chapter for the filing and hearing
32   of complaints or the issuance of advisory opinions.
33     4.  Establish and impose penalties and any other
34   recommendations for punishment of persons who are
35   subject to penalties of or punishment by the board for
36   failure to comply with the requirements of this
37   chapter.
38     5.  Determine, in case of dispute, at what time a
39   person has become a candidate.
40     6.  Preserve copies of complaints, requests, and
41   other information filed with the board for a period of
42   at least five years from the date of receipt.
43     7.  Establish a procedure for requesting and
44   issuing formal and informal board opinions to
45   candidates and representatives of political parties
46   and political organizations.  Following advice
47   contained in a formal board opinion shall constitute a
48   defense to a complaint based upon the same facts and
49   circumstances which is filed with the board and which
50   alleges a violation of this chapter or rules of the

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index Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa


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