Text: HSB00097 Text: HSB00099 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 56.3, Code 1997, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 5. When a candidate, in the case of a 1 4 candidate's committee, or a chairperson, in the case of a 1 5 political committee, shows that best efforts have been used to 1 6 obtain, maintain, and submit the information required by this 1 7 chapter, and that failure to satisfy a requirement of this 1 8 chapter is due to action or nonaction by another person, such 1 9 that the failure to satisfy the requirement is beyond the 1 10 control of the candidate or chairperson, the candidate or 1 11 chairperson shall be deemed to be in compliance with this 1 12 chapter. The other person may be held liable for sanctions if 1 13 either of the following applies: 1 14 a. The person is or had been either an official or 1 15 unofficial agent of the committee, with either actual or 1 16 apparent authority of the candidate or chairperson. 1 17 b. The person had been subpoenaed by the board for records 1 18 or testimony under section 17A.13, section 68B.32A, subsection 1 19 3, or section 68B.32B, subsection 8. 1 20 Sec. 2. Section 56.5, subsection 2, paragraph a, Code 1 21 1997, is amended to read as follows: 1 22 a. The name, purpose, mailing address, and telephone 1 23 number of the committee. 1 24 (1) The committee name shall not duplicate the name of 1 25 another committee organized under this section. 1 26 (2) For candidate's committees filing initial statements 1 27 of organization on or after July 1, 1995, the candidate's name 1 28 shall be contained within the committee name. 1 29 (3) Except for a political committee formed to support or 1 30 oppose approval of a judge or a clerk of the district court 1 31 who is required to stand for retention pursuant to a petition 1 32 filed under section 602.1216, the name of a political 1 33 committee shall not contain the name of any of the following: 1 34 (a) A candidate seeking election for federal, state, 1 35 county, city, or school office. 2 1 (b) A current federal, state, county, city, or school 2 2 officeholder. 2 3 Sec. 3. Section 56.5, subsection 2, paragraph f, Code 2 4 1997, is amended to read as follows: 2 5 f. (1)AIn the case of a candidate's committee, a signed 2 6 statement by thetreasurer of the committee and thecandidate,2 7in the case of a candidate's committee, which shall verify2 8 thatthey areverifies the following information: 2 9 (a) The candidate is aware of the requirement to file 2 10 disclosure reportsifwhen, for the purpose of supporting the 2 11 candidate for public office, the committee, the committee 2 12 officers, the candidate, or both the committee officers and 2 13 the candidate,receiveexperience any of the following: 2 14 (i) Receive contributions in excess of five hundred 2 15 dollars in the aggregate, make. 2 16 (ii) Make expenditures in excess of five hundred dollars 2 17 in the aggregate, or incur. 2 18 (iii) Incur indebtedness in excess of five hundred dollars 2 19 in the aggregate in a calendar yearfor the purpose of2 20supporting or opposing any candidate for public office. 2 21 (b) The candidate has and will ensure that the committee 2 22 treasurer has been instructed as to the treasurer's 2 23 responsibilities under this chapter, but acknowledges that the 2 24 candidate remains personally liable for compliance with this 2 25 chapter. 2 26 (2) In the case of political committees,statements shall2 27be madea signed statement by thetreasurerchairperson of the 2 28 committeeand the chairpersonthat verifies the following 2 29 information: 2 30 (a) The chairperson is aware of the requirement to file 2 31 disclosure reports when, for the purpose of supporting or 2 32 opposing any candidate for public office or any ballot issue, 2 33 the committee experiences any of the following: 2 34 (i) Receives contributions in excess of five hundred 2 35 dollars in the aggregate. 3 1 (ii) Makes expenditures in excess of five hundred dollars 3 2 in the aggregate. 3 3 (iii) Incurs indebtedness in excess of five hundred 3 4 dollars in the aggregate in a calendar year. 3 5 (b) The chairperson has and will ensure that the committee 3 6 treasurer has been instructed as to the treasurer's 3 7 responsibilities under this chapter, but acknowledges that the 3 8 chairperson remains personally liable for compliance with this 3 9 chapter. 3 10 Sec. 4. Section 56.6, subsection 1, paragraphs c and d, 3 11 Code 1997, are amended to read as follows: 3 12 c. A candidate's committee for a candidate for the general 3 13 assembly at a special election for which the governor is 3 14 required to give not less than forty days' notice under 3 15 section 69.14 shall file a report by the fourteenth day prior 3 16 to the special election which is current through the 3 17 nineteenth day prior to the special election. A candidate's 3 18 committee for a candidate for the general assembly at a 3 19 special election for which the governor is required to give 3 20 not less than eighteen days' notice under section 69.14 shall 3 21 file a report five days prior to the election, that shall be 3 22 current as of five days prior to the filing deadline. Any 3 23 report filed pursuant to this paragraph shall be timely filed, 3 24 or mailed bearing a United States postal service postmark 3 25 dated on or before the due date. 3 26 d.CommitteesThe following committees shall file their 3 27 first reports five days prior to any election in which the 3 28 ballot contains the name of the candidate or the local ballot 3 29 issue which the committee supports or opposes: 3 30 (1) A candidate's committee for municipal and school 3 31 elective officesand. 3 32 (2) A candidate's committee for a county elective office 3 33 at a special election. 3 34 (3) Political committees for local ballot issuesshall3 35file their first reports five days prior to any election in4 1which the name of the candidate or the local ballot issue4 2which they support or oppose appears on the printed ballot4 3and. 4 4 These committees shall file their next report on the first 4 5 day of the month following the final election in a calendar 4 6 year in which the candidate's name or the ballot issue appears 4 7 on the ballot.A committee supporting or opposing a candidate4 8for a municipal or school elective office or a local ballot4 9issueThese committees shallalsootherwise file disclosure 4 10 reports on the nineteenth day of January and October of each 4 11 year in which the candidate or ballot issue does not appear on 4 12 the ballot and on the nineteenth day of January, May, and July 4 13 of each year in which the candidate or ballot issue appears on 4 14 the ballot, until the committee dissolves.These reports4 15 However, a candidate's committee for a county elective office 4 16 at a special election shall file its regular disclosure 4 17 reports as provided in paragraph "a". 4 18 Any report filed pursuant to this lettered paragraph shall 4 19 be current to five days prior to the filing deadline andare4 20consideredshall be timely filed,ifor mailed bearing a 4 21 United States postal service postmark on or before the due 4 22 date. 4 23 Sec. 5. Section 68B.32A, subsection 3, Code 1997, is 4 24 amended to read as follows: 4 25 3. Review the contents of all campaign finance disclosure 4 26 reports and statements filed with the board and promptly 4 27 advise each person or committee of errors found. 4 28 a. The board may verify information contained in the 4 29 reports with other parties to assure accurate disclosure. The 4 30 board may also verify information by requesting that a 4 31 candidate or committee produce copies of receipts, bills, 4 32 logbooks, or other memoranda of reimbursements of expenses to 4 33 a candidate for expenses incurred during a campaign. 4 34 b. For the purposes of obtaining verifying information, 4 35 the board may issue administrative subpoenas for the requested 5 1 information, which may be served upon the candidate, 5 2 committee, or third party by restricted certified mail or by 5 3 personal service as in civil actions. Information may be 5 4 sought from a third party by subpoena after notice to the 5 5 committee which is the subject of the review. However, if the 5 6 chairperson of the board concludes that notification to the 5 7 committee would have the potential of jeopardizing the 5 8 validity of the information sought, prior notice to the 5 9 committee which is the subject of the review is not required. 5 10 c. The board, upon its own motion, may initiate action and 5 11 conduct a hearing relating to requirements under chapter 56. 5 12 d. The board may require a county commissioner of 5 13 elections to periodically file summary reports with the board. 5 14 EXPLANATION 5 15 This bill amends Code section 56.3 by providing a "best 5 16 efforts" defense to liability under chapter 56 to a candidate, 5 17 or to a chairperson of a political committee, when that person 5 18 demonstrates that the person has used best efforts to obtain 5 19 compliance with the reporting requirements of the chapter, and 5 20 that noncompliance is due to the action or inaction of another 5 21 person. The other person may be held liable for sanctions 5 22 under chapter 56 if the person is or was an agent of the 5 23 committee, or if subpoenaed under chapter 17A or 68B. 5 24 The bill amends Code section 56.5 to prohibit the use of 5 25 the name of any current candidate or officeholder in the name 5 26 of a political committee, except for political committees 5 27 formed to support or oppose retention of a judge, or a clerk 5 28 of the district court who is required to stand for retention 5 29 pursuant to a petition filed under section 602.1216. 5 30 The bill amends Code section 56.5 to require, with the 5 31 filing of the statement of organization, verification by the 5 32 candidate, or by the chairperson of a political committee of 5 33 the filing thresholds of chapter 56, and of instruction of the 5 34 treasurer of legal responsibilities under the chapter, as well 5 35 as acknowledgment of personal liability of the candidate or 6 1 chairperson. 6 2 The bill amends Code section 56.6 to establish reporting 6 3 deadlines for certain specified elections. 6 4 The bill amends Code section 68B.32A to provide that 6 5 administrative subpoenas be used when the ethics and campaign 6 6 disclosure board is verifying information contained in reports 6 7 filed by committees. 6 8 LSB 1053DP 77 6 9 jls/jj/8.1
Text: HSB00097 Text: HSB00099 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (77th General Assembly)
© 1997 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 6 03:40:49 CST 1997
URL: /DOCS/GA/77GA/Legislation/HSB/00000/HSB00098/970205.html
jhf