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PAG LIN
1 1 Section 1. Sections 1 through 8 of this Act are created as
1 2 a new subchapter of chapter 56, entitled "Restricted
1 3 Campaigns".
1 4 Sec. 2. NEW SECTION. 56.31 DEFINITIONS.
1 5 As used in this subchapter, unless the context requires
1 6 otherwise:
1 7 1. "Advocacy information" is material published or
1 8 broadcast which discusses public issues, candidates, or voting
1 9 records from which a reasonable person could draw a fair
1 10 inference that the material recommends the defeat or election
1 11 of an identifiable candidate in a restricted campaign.
1 12 2. "Benefited candidate" means a candidate in a restricted
1 13 campaign whose election is recommended or whose opponent's
1 14 defeat is recommended by advocacy information or by the fair
1 15 inferences drawn from the advocacy information by a reasonable
1 16 person as determined by the board.
1 17 3. "Eligible office" means the offices of state
1 18 representative, state senator, secretary of agriculture,
1 19 secretary of state, treasurer of state, auditor of state,
1 20 attorney general, and governor. The office of lieutenant
1 21 governor shall not be considered a separate eligible office
1 22 but shall be considered with the office of governor for
1 23 purposes of this subchapter.
1 24 4. "Political action committee" means any political
1 25 committee except a county statutory political committee, a
1 26 state statutory political committee, a national political
1 27 party, or a nonparty political organization under chapter 44.
1 28 5. "Qualifying nomination" means a nomination by a
1 29 political party as defined by section 43.2, or a nomination
1 30 under chapter 44 or 45.
1 31 6. "Restricted campaign" means a campaign for an eligible
1 32 office in which there are two or more candidates with
1 33 qualifying nominations and all of those candidates have
1 34 registered with the board and voluntarily agreed to limit
1 35 campaign expenditures and contributions pursuant to section
2 1 56.33.
2 2 Sec. 3. NEW SECTION. 56.32 REGISTRATION FOR A RESTRICTED
2 3 CAMPAIGN.
2 4 Each candidate for an eligible office shall register with
2 5 the board and shall indicate whether the candidate voluntarily
2 6 agrees to limit campaign expenditures and contributions in a
2 7 restricted campaign prior to or with the filing of nomination
2 8 papers pursuant to chapter 43, 44, or 45.
2 9 Notwithstanding section 43.20, the nomination petition of a
2 10 candidate who does not agree to a restricted campaign must
2 11 contain signatures of at least fifteen percent of the total
2 12 number of votes cast in the last general election for that
2 13 office. A candidate nominated pursuant to section 43.66 who
2 14 does not agree to a restricted campaign must file a nomination
2 15 petition within fifteen days of nomination containing
2 16 signatures of at least fifteen percent of the total number of
2 17 votes cast in the last general election for that office in
2 18 order to be placed on the general election ballot. A
2 19 candidate who agrees to a restricted campaign and whose
2 20 opponent does not agree to a restricted campaign is not
2 21 required to obtain signatures under this section, is not
2 22 subject to the limitations on campaign expenditures or
2 23 contributions imposed in this subchapter, and shall be
2 24 considered as a candidate who agreed to a restricted campaign
2 25 for purposes of this section.
2 26 Notwithstanding the dates required for filing disclosure
2 27 reports pursuant to section 56.6, a candidate who does not
2 28 agree to a restricted campaign pursuant to this section shall
2 29 file a disclosure report each month until June 30 of the year
2 30 of the election. Beginning July 1 of the year of the
2 31 election, the candidate shall file a disclosure report every
2 32 fourteen days until the date of the general election. After
2 33 the date of election, the candidate shall file a disclosure
2 34 report each month until the candidate files nomination papers
2 35 for the same or another public office, or closes the
3 1 candidate's campaign account.
3 2 The commissioner required to publish notice of the election
3 3 and the ballot pursuant to section 49.53 shall, simultaneously
3 4 with such publication, publish the names of candidates who
3 5 agree and do not agree to a restricted campaign using the
3 6 following language where applicable: "These candidates
3 7 refused to limit their campaign spending."; or "These
3 8 candidates voluntarily agreed to limit their campaign
3 9 spending."
3 10 Sec. 4. NEW SECTION. 56.33 RESTRICTED CAMPAIGNS –
3 11 LIMITS ON EXPENDITURES.
3 12 If a restricted campaign exists, the candidate's committees
3 13 of those candidates with qualifying nominations to that
3 14 eligible office are subject to the following limits on
3 15 expenditures:
3 16 1. Governor. Total expenditure limit, five hundred
3 17 thousand dollars in a primary election if there is no primary
3 18 opponent, one million dollars in a primary election if there
3 19 is a primary opponent, and one million five hundred thousand
3 20 dollars in a general election.
3 21 2. Attorney general, secretary of agriculture, secretary
3 22 of state, treasurer of state, and auditor of state. Total
3 23 expenditure limit, fifty thousand dollars in a primary
3 24 election if there is no primary opponent, one hundred thousand
3 25 dollars in a primary election if there is a primary opponent,
3 26 and one hundred thousand dollars in a general election.
3 27 3. State senator. Total expenditure limit, ten thousand
3 28 dollars in a primary election if there is no primary opponent,
3 29 twenty-five thousand dollars in a primary election if there is
3 30 a primary opponent, and twenty-five thousand dollars in a
3 31 general election.
3 32 4. State representative. Total expenditure limit, five
3 33 thousand dollars in a primary election if there is no primary
3 34 opponent, fifteen thousand dollars in a primary election if
3 35 there is a primary opponent, and fifteen thousand dollars in a
4 1 general election.
4 2 For purposes of this subchapter, an expenditure occurs at
4 3 the time of performance and not at the time of payment.
4 4 Actions involving an expenditure taken on behalf of a
4 5 candidate in a restricted campaign shall be accepted,
4 6 reported, and credited against the limits of this section, or
4 7 disavowed pursuant to section 56.13. Actions taken by a
4 8 county or state statutory political committee or a national
4 9 political party which benefit the political party generally
4 10 and which benefit more than one candidate shall not be
4 11 considered as expenditures under this subchapter.
4 12 The board shall, by July 1 in each odd-numbered year,
4 13 adjust the limitations on expenditures to reflect any increase
4 14 in the consumer price index as released by the federal
4 15 government.
4 16 Sec. 5. NEW SECTION. 56.34 PERIODS THE EXPENDITURE
4 17 LIMITS ARE IN EFFECT.
4 18 If a restricted campaign exists, the limitations of section
4 19 56.33 apply to expenses incurred during the following periods:
4 20 1. During an even-numbered year, from the date the
4 21 candidate or the candidate's treasurer files a statement of
4 22 organization as required by section 56.5, or from the date the
4 23 candidate or the candidate's designee files an affidavit of
4 24 candidacy with the state commissioner of elections, whichever
4 25 date is earlier, through the date of the general election for
4 26 that office.
4 27 2. During a special election, from the date the candidate
4 28 or the candidate's treasurer files a statement of organization
4 29 as required by section 56.5, or from the date the candidate or
4 30 the candidate's designee files an affidavit of candidacy with
4 31 the state commissioner of elections, whichever date is
4 32 earlier, through the date of the special election for that
4 33 office.
4 34 Sec. 6. NEW SECTION. 56.35 ADJUSTMENTS FOR BENEFITED
4 35 CANDIDATES AND OPPONENTS.
5 1 1. A person or political committee which causes the
5 2 publication, mass mailing, or broadcast of advocacy
5 3 information in a restricted campaign shall give notice to the
5 4 board and to the benefited candidate. The notice shall be
5 5 given by certified restricted mail within twenty-four hours
5 6 after the publication, mailing, or broadcast of the advocacy
5 7 information and be accompanied by the text of the advocacy
5 8 information and the amount of the publication, mailing, or
5 9 broadcasting expenditures.
5 10 2. The benefited candidate shall notify the board within
5 11 seventy-two hours of receipt of notice given pursuant to
5 12 subsection 1 whether the candidate accepts or disavows the
5 13 expenditure. If the candidate accepts the expenditure, the
5 14 anticipated expenditure shall be credited against the
5 15 candidate's expenditure limit. If the candidate files a
5 16 statement of disavowal, the commissioner or board shall
5 17 forward a copy of the statement to the candidate's opponent.
5 18 3. For the purposes of this section, the board shall
5 19 disregard the first five hundred dollars of aggregate
5 20 disavowed expenditures regarding a benefited candidate for the
5 21 general assembly, the first one thousand dollars of aggregate
5 22 disavowed expenditures regarding a benefited candidate for a
5 23 statewide office other than governor, and the first five
5 24 thousand dollars of aggregate disavowed expenditures regarding
5 25 a benefited candidate for governor. If the aggregate
5 26 disavowed expenditures regarding a benefited candidate exceed
5 27 the amounts provided in this section, the board shall
5 28 determine if a reasonable person would or would not draw a
5 29 fair inference that the material assists the election of the
5 30 benefited candidate or the defeat of an opposing candidate.
5 31 If the board determines that a candidate is benefited, the
5 32 board shall attribute the disavowed expenditure to the
5 33 expenditure limits of the benefited candidate and shall do one
5 34 of the following: increase the benefited candidate's
5 35 opponent's expenditure limits by the amount of the disavowed
6 1 expenditures attributed to the benefited candidate or
6 2 eliminate the expenditure limit of the benefited candidate's
6 3 opponent for that election period.
6 4 4. The board by rule may delegate decisions under
6 5 subsection 3 to a panel of three members of the board. If
6 6 delegated, the decisions of the panel constitute final agency
6 7 action for the purposes of chapter 17A. Notwithstanding
6 8 section 17A.19, a petition for judicial review of a decision
6 9 under this section shall be filed only in Polk county district
6 10 court, the court shall not stay the increase or elimination of
6 11 the limits for the candidates opposing the benefited candidate
6 12 pending the outcome of the judicial review proceeding, the
6 13 petitioner has only two days after filing to provide notice or
6 14 copies to the other parties, and the proceeding shall receive
6 15 the highest priority among the cases before the district
6 16 court.
6 17 The decisions under subsection 3 shall be made within two
6 18 days of the board's receipt of the benefited candidate's
6 19 disavowal and the benefited candidate and opponents shall be
6 20 promptly notified.
6 21 Advocacy information caused by a county or state statutory
6 22 political committee or a national political party which
6 23 benefit the political party generally and which benefit more
6 24 than one candidate are not subject to the requirements of this
6 25 section.
6 26 Sec. 7. NEW SECTION. 56.36 RESTRICTED CAMPAIGNS –
6 27 LIMITS ON ACCEPTANCE OF CONTRIBUTIONS.
6 28 If a restricted campaign exists, the acceptance of
6 29 contributions by candidates for the following offices from
6 30 political action committees and individuals is subject to the
6 31 following limitations:
6 32 1. Governor.
6 33 a. Total political action committee contributions, thirty-
6 34 five percent of the candidate's applicable expenditure limit
6 35 in a primary election, and thirty-five percent of the
7 1 candidate's expenditure limit in a general election.
7 2 b. Largest political action committee contribution, five
7 3 thousand dollars.
7 4 c. Largest individual contribution, excluding
7 5 contributions made by a candidate to the candidate's own
7 6 campaign, one thousand dollars.
7 7 2. Attorney general, secretary of agriculture, secretary
7 8 of state, treasurer of state, and auditor of state.
7 9 a. Total political action committee contributions, thirty-
7 10 five percent of the candidate's applicable expenditure limit
7 11 in a primary election, and thirty-five percent of the
7 12 candidate's expenditure limit in a general election.
7 13 b. Largest political action committee contribution, five
7 14 thousand dollars.
7 15 c. Largest individual contribution, excluding
7 16 contributions made by a candidate to the candidate's own
7 17 campaign, one thousand dollars.
7 18 3. State senator.
7 19 a. Total political action committee contributions, thirty-
7 20 five percent of the candidate's applicable expenditure limit
7 21 in a primary election, and thirty-five percent of the
7 22 candidate's expenditure limit in a general election.
7 23 b. Largest political action committee contribution, one
7 24 thousand dollars.
7 25 c. Largest individual contribution, excluding
7 26 contributions made by a candidate to the candidate's own
7 27 campaign, five hundred dollars.
7 28 4. State representative.
7 29 a. Total political action committee contributions, thirty-
7 30 five percent of the candidate's applicable expenditure limit
7 31 in a primary election, and thirty-five percent of the
7 32 candidate's expenditure limit in a general election.
7 33 b. Largest political action committee contribution, one
7 34 thousand dollars.
7 35 c. Largest individual contribution, excluding
8 1 contributions made by the candidate to the candidate's own
8 2 campaign, five hundred dollars.
8 3 5. Individual contributions to the candidate or
8 4 candidate's committee made by one individual of a cumulative
8 5 value of one hundred dollars or more shall be reported,
8 6 including the name, address, occupation, and place of business
8 7 of the contributor.
8 8 Sec. 8. NEW SECTION. 56.37 PENALTIES.
8 9 1. A candidate who voluntarily agrees to a restricted
8 10 campaign, and who exceeds the expenditure or contribution
8 11 limitations in this subchapter, shall be subject to a fine
8 12 which is based on the percentage by which the candidate
8 13 exceeds permitted expenditures or contributions, so that the
8 14 candidate shall pay a percentage of the excess campaign
8 15 expenditures or contributions as follows:
8 16 a. Governor. For excess campaign expenditures or
8 17 contributions of under two thousand dollars, one percent; for
8 18 excess campaign expenditures or contributions of two thousand
8 19 to ten thousand dollars, ten percent; for excess campaign
8 20 expenditures or contributions of ten thousand one to twenty
8 21 thousand dollars, twenty-five percent; for excess campaign
8 22 expenditures or contributions of over twenty thousand dollars,
8 23 fifty percent.
8 24 b. Attorney general, secretary of agriculture, secretary
8 25 of state, treasurer of state, and auditor of state. For
8 26 excess campaign expenditures or contributions under one
8 27 thousand dollars, one percent; for excess expenditures or
8 28 contributions of one thousand to five thousand dollars, ten
8 29 percent; for excess expenditures or contributions of five
8 30 thousand one to ten thousand dollars, twenty-five percent; for
8 31 excess expenditures or contributions of over ten thousand
8 32 dollars, fifty percent.
8 33 c. State senator. For excess campaign expenditures or
8 34 contributions of under five hundred dollars, one percent; for
8 35 excess expenditures or contributions of five hundred to one
9 1 thousand dollars, ten percent; for excess expenditures or
9 2 contributions of one thousand one to five thousand dollars,
9 3 twenty-five percent; for excess expenditures or contributions
9 4 of over five thousand dollars, fifty percent.
9 5 d. State representative. For excess campaign expenditures
9 6 or contributions of under two hundred fifty dollars, one
9 7 percent; for excess expenditures or contributions of two
9 8 hundred fifty to five hundred dollars, ten percent; for excess
9 9 expenditures or contributions of five hundred one to two
9 10 thousand five hundred dollars, twenty-five percent; for excess
9 11 expenditures or contributions of over two thousand five
9 12 hundred dollars, fifty percent.
9 13 Fines collected pursuant to this section shall be paid to
9 14 the state political party of the violating candidate's
9 15 opponent.
9 16 2. Mileage expenses of the candidate, at a rate determined
9 17 pursuant to section 2.10, are not subject to the expenditure
9 18 limits of section 56.33.
9 19 3. The criminal penalty of section 56.16 applies to
9 20 violations of this subchapter.
9 21 4. A candidate who knowingly and intentionally violates
9 22 the expenditure or contribution limits of section 56.33 or
9 23 section 56.36 is, upon conviction, guilty of a class "D"
9 24 felony, but is only subject to a fine and is not subject to
9 25 imprisonment, notwithstanding the provisions of section 902.9.
9 26 A candidate shall not take the oath of office pending
9 27 conviction or acquittal, following trial, on charges brought
9 28 under this subsection, and a candidate is disqualified from
9 29 holding office upon conviction obtained pursuant to this
9 30 subsection.
9 31 Sec. 9. Section 56.13, subsection 1, unnumbered paragraph
9 32 1, Code 1997, is amended to read as follows:
9 33 Action involving a contribution or expenditure which must
9 34 be reported under this chapter and which is taken by any
9 35 person, candidate's committee, or political committee on
10 1 behalf of a candidate, if known and approved by the candidate,
10 2 shall be deemed action by the candidate and reported by the
10 3 candidate's committee. If a restricted campaign exists, the
10 4 action involving an expenditure or contribution which must be
10 5 reported under this chapter and which is taken by any person,
10 6 candidate's committee, or political committee on behalf of a
10 7 candidate, if known and approved by the candidate, shall be
10 8 reported by the candidate's committee, and shall be credited
10 9 against the candidate's expenditure or contribution limits
10 10 pursuant to section 56.33 or 56.36. It shall be presumed that
10 11 a candidate approves the action if the candidate had knowledge
10 12 of it and failed to file a statement of disavowal with the
10 13 commissioner or board and take corrective action within
10 14 seventy-two hours of the action. A person, candidate's
10 15 committee, or political committee taking such action
10 16 independently of that candidate's committee shall notify that
10 17 candidate's committee in writing within twenty-four hours of
10 18 taking the action. The notification shall provide that
10 19 candidate's committee with the cost of the promotion at fair
10 20 market value. A copy of the notification shall be sent to the
10 21 board. If a candidate files a statement of disavowal, the
10 22 commissioner or board shall forward a copy of the statement to
10 23 the candidate's opponent.
10 24 Sec. 10. Section 56.14, Code 1997, is amended by adding
10 25 the following new subsection:
10 26 NEW SUBSECTION. 3. In addition to the identification
10 27 required in this section, a candidate's committee of a
10 28 candidate who is not registered for a restricted campaign
10 29 pursuant to section 56.32, shall include, on all printed
10 30 material, a statement, equal in size to the identification
10 31 information, that the candidate is not registered for a
10 32 restricted campaign. A similar disclaimer shall also be
10 33 included, vocally, in all radio and television commercials
10 34 purchased on behalf of the candidate. Candidates who have not
10 35 registered for a restricted campaign shall state the
11 1 following: "(name of candidate) refused to limit campaign
11 2 spending." The information required under this subsection may
11 3 be included on materials and commercials by a candidate who is
11 4 registered for a restricted campaign.
11 5 Sec. 11. NEW SECTION. 56.6A TAX CREDIT FOR QUALIFIED
11 6 CONTRIBUTIONS.
11 7 A credit against taxes pursuant to section 422.12,
11 8 subsection 4, shall be allowed for a contribution to a
11 9 candidate who has registered for a restricted campaign
11 10 pursuant to section 56.32, not to exceed one hundred dollars
11 11 per person per qualified candidate. Upon request by the
11 12 state, the contributor shall substantiate the claimed credit
11 13 with an official receipt from the candidate's committee to
11 14 which a contribution was made.
11 15 Sec. 12. Section 422.12, Code 1997, is amended by adding
11 16 the following new subsection:
11 17 NEW SUBSECTION. 4. A tax credit for qualified political
11 18 contributions pursuant to section 56.6A.
11 19 Sec. 13. ANTISEVERABILITY CLAUSE. Notwithstanding section
11 20 4.12, if section 56.35, subsection 3 or 4, or section 56.37,
11 21 subsection 3, or the application thereof is invalid, this Act
11 22 shall be invalid.
11 23 Sec. 14. EFFECTIVE DATE. This Act takes effect January 1,
11 24 1999.
11 25 EXPLANATION
11 26 This bill creates a new subchapter in Code chapter 56
11 27 regarding restricted campaigns.
11 28 Code section 56.31 establishes definitions for the terms
11 29 "advocacy information", "benefited candidate", "eligible
11 30 office", "political action committee", "qualifying
11 31 nomination", and "restricted campaign" which are used in the
11 32 subchapter, and effectively limits application of the
11 33 subchapter to candidates for governor, lieutenant governor,
11 34 statewide elected office, the senate, or the house of
11 35 representatives who have registered with the ethics and
12 1 campaign disclosure board for a restricted campaign.
12 2 Code section 56.32 establishes the registration procedure
12 3 for restricted campaigns. Candidates who wish to voluntarily
12 4 limit their campaign expenditures must indicate that
12 5 preference, before or at the time of filing nomination papers,
12 6 with the ethics and campaign disclosure board. Candidates who
12 7 do not wish to restrict their expenditures must have notarized
12 8 signatures from voters in an amount that at least equals 15
12 9 percent of the number of votes cast during the last general
12 10 election for that office and are subject to monthly disclosure
12 11 requirements until June 30 of the year of the election and
12 12 biweekly reporting from July 1 until the date of the general
12 13 election. After the election candidates that do not agree to
12 14 participate in a restricted campaign must again file monthly
12 15 disclosure reports until they file new nomination papers for
12 16 office or close their campaign account. Ballots that are to
12 17 be printed for that office will indicate whether a candidate
12 18 has registered to participate in a restricted campaign.
12 19 Code section 56.33 establishes the limits that are imposed
12 20 on the various offices for which a candidate can elect to
12 21 restrict expenditures.
12 22 Code section 56.34 establishes the periods of time during
12 23 which expenditure limits are applicable if a candidate elects
12 24 to participate in a restricted campaign. The period ranges
12 25 from the time that either the candidate's treasurer files a
12 26 statement of organization or the candidate's affidavit of
12 27 candidacy is filed until the date of the election.
12 28 Code section 56.35 relates to various expenditures by
12 29 persons or committees that may be attributable to a candidate
12 30 for purposes of calculating how much a candidate has expended.
12 31 A procedure is established for notifying the candidate of an
12 32 expenditure and for a candidate to disavow and avoid having
12 33 the expenditure attributed to the candidate's overall
12 34 expenditure limit. The section provides for review of
12 35 disavowed expenditures, once they exceed certain amounts.
13 1 Code section 56.36 places limits on the acceptance of
13 2 various kinds of contributions by candidates who agree to
13 3 participate in restricted campaigns.
13 4 Code section 56.37 establishes fines for candidates, who
13 5 exceed the limits to which they have agreed as part of a
13 6 restricted campaign, based upon the percentage difference
13 7 between the amount of excess and the campaign expenditure
13 8 limit. Knowing and intentional violations of expenditures
13 9 limits in restricted campaigns are class "D" felonies.
13 10 Charges of violation of the expenditure limits prevent a
13 11 candidate from being able to be sworn into office and, if
13 12 convicted, will prevent the candidate from holding office.
13 13 Code section 56.13 is amended to provide that action by
13 14 another person on behalf of a candidate that is approved by a
13 15 candidate, if the candidate is participating in a restricted
13 16 campaign, is to be reported and attributed to the candidate's
13 17 expenditure limits.
13 18 Code section 56.14 is amended to provide that the candidate
13 19 is to include on printed materials and radio and television
13 20 commercials information regarding participation in a
13 21 restricted campaign by the candidate.
13 22 A tax credit of $100 per individual is added in new Code
13 23 section 56.6A for qualified contributions.
13 24 The bill contains an antiseverability clause that provides
13 25 that if the provisions relating to attribution of expenditures
13 26 by other persons to a candidate or certain penalties contained
13 27 in the bill are invalid, the entire bill is invalid.
13 28 The bill takes effect January 1, 1999.
13 29 LSB 4090HH 77
13 30 jls/jw/5
Text: HF02413 Text: HF02415 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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