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PAG LIN 1 1 Section 1. Section 56.2, subsection 16, Code 1997, is 1 2 amended to read as follows: 1 3 16. a. "Political committee" means acommittee, but not1 4 formal or informal association of two or more individuals, 1 5 other than a candidate's committee,which acceptsthat, in 1 6 performing any of the following activities, exceeds any of the 1 7 following financial thresholds: 1 8 (1) Accepts contributions for political purposes in excess 1 9 of five hundred dollars in the aggregate, makesin a calendar 1 10 year. 1 11 (2) Makes expenditures for political purposes in excess of 1 12 five hundred dollars in the aggregate, or incursin a calendar 1 13 year. 1 14 (3) Incurs indebtedness for political purposes in excess 1 15 of five hundred dollars in the aggregate inany onea calendar 1 16 yearfor the purpose of supporting or opposing a candidate for1 17public office, or for the purpose of supporting or opposing a1 18ballot issue;. 1 19 b. A "political committee"also means an, provided it has 1 20 exceeded at least one of the financial thresholds in paragraph 1 21 "a", includes but is not limited to any of the following 1 22 entities: 1 23 (1) A committee other than a candidate's committee that 1 24 supports or opposes more than one candidate for public office. 1 25 (2) A committee other than a candidate's committee that 1 26 supports or opposes a ballot issue. 1 27 (3) A formally organized association, lodge, society, 1 28 cooperative, union, fraternity, sorority, educational 1 29 institution, civic organization, labor organization, religious 1 30 organization,orprofessional organizationwhich accepts1 31contributions in excess of five hundred dollars in the1 32aggregate, makes expenditures in excess of five hundred1 33dollars in the aggregate, or incurs indebtedness in excess of1 34five hundred dollars in the aggregate in any one calendar year1 35for the purpose of supporting or opposing a candidate for2 1public office, or for the purpose of supporting or opposing a2 2ballot issue, or other permanent organization that temporarily 2 3 engages in political activity."Political committee" also2 4includes a committee which accepts contributions in excess of2 5five hundred dollars in the aggregate, makes expenditures in2 6excess of five hundred dollars in the aggregate, or incurs2 7indebtedness in excess of five hundred dollars in the2 8aggregate in a calendar year to cause2 9 (4) A formal or informal association of two or more 2 10 individuals that causes the publication or broadcasting of 2 11 materialin which the public policy positions or voting record2 12ofthat a reasonable person would understand to advocate the 2 13 support of or opposition to the election of an identifiable 2 14 candidateis discussed and in which a reasonable person could2 15find commentary favorable or unfavorable to those public2 16policy positions or voting record. 2 17 c. "Political committee" does not include a state 2 18 statutory political committee, a county statutory committee, a 2 19 city statutory committee, or a national political party, 2 20 unless expressly included. 2 21 Sec. 2. Section 56.4, Code 1997, is amended to read as 2 22 follows: 2 23 56.4 REPORTS FILED WITH BOARD OR COMMISSIONER. 2 24 1.AllThe following committees shall file statements and 2 25 reports required to be filed under this chapterfor a state2 26office shall be filedwith the board.: 2 27 a. Candidate's committees for state offices. 2 28 b. State statutory political committees. 2 29 c. Political committees supporting or opposing statewide 2 30 ballot issues. 2 31 d. Political committees supporting or opposing candidates 2 32 for federal office. 2 33 e. Political committees supporting or opposing candidates 2 34 or ballot issues for statewide elections and for county, 2 35 municipal, or school elections. Such committees may file all 3 1 such activity on one report, and shall also send a copy of the 3 2 report to the commissioner responsible under section 47.2 for 3 3 conducting the election. 3 4 2.AllThe following committees shall file statements and 3 5 reports required to be filed under this chapterfor a county,3 6city, or school office shall be filedwith the commissioner 3 7 responsible under section 47.2 for conducting the election: 3 8 a. Candidate's committees for county, city, or school 3 9 offices. 3 10 b.Statements and reports on aPolitical committees 3 11 supporting or opposing candidates for county, city, or school 3 12 offices, or supporting or opposing a local ballot issueshall3 13be filed with the commissioner responsible under section 47.23 14for conducting the election at which the issue is voted upon,3 15except that statements and reports on a statewide ballot issue3 16shall be filed with the board. 3 17 c. All statutory political committees other than a state 3 18 statutory political committee. These committees shall also 3 19 send a copy to the board. 3 20 3.CopiesA commissioner shall provide copies of any 3 21 reports filed withathe commissionershall be provided by the3 22commissionerto the board on its request.State statutory3 23political committees shall file all statements and reports3 24with the board. All other statutory political committees3 25shall file the statements and reports with the commissioner3 26with a copy sent to the board.3 27 4. a. The board shall retain statements and reports filed 3 28 with the board for at least five years from the date of the 3 29 election in which the committee is involved, or at least five 3 30 years from the certified date of dissolution of the committee, 3 31 whichever date is later. 3 32 b. The commissioner shall retain statements and reports 3 33 filed with the commissioner for at least three years from the 3 34 date of the election in which the committee is involved, or at 3 35 least three years from the certified date of dissolution of 4 1 the committee, whichever date is later. 4 2 5.Political committees supporting or opposing candidates4 3for both federal office and any elected office created by law4 4or the Constitution of the state of Iowa shall file statements4 5and reports with the board in addition to any federal reports4 6required to be filed with the board. However, aA political 4 7 committee which is registered and filing full disclosure 4 8 reports of all financial activities with the federal election 4 9 commission may file verified statements as provided in section 4 10 56.5. 4 11Political committees supporting or opposing candidates or4 12ballot issues for statewide elections and for county,4 13municipal or school elections may file all activity on one4 14report with the board and shall send a copy to the4 15commissioner responsible under section 47.2 for conducting the4 16election.4 17 Sec. 3. Section 56.5, subsection 5, Code 1997, is amended 4 18 to read as follows: 4 19 5. a. A committee or organization not organized as a 4 20 committee under this section which makes a contribution to a 4 21candidate's committee orpolitical committee organized in Iowa 4 22 shall disclose each contribution to the board. 4 23 b. A committee or organization not organized as a 4 24 committee under this section which is not registered and 4 25 filing full disclosure reports of all financial activities 4 26 with the federal election commission or another state's 4 27 disclosure commission shall register and file full disclosure 4 28 reports with the board pursuant to this chapter, and shall 4 29 either appoint an eligible Iowa elector as committee or 4 30 organization treasurer, or shall maintain all committee funds 4 31 in an account in a financial institution located in Iowa. 4 32 c. A committee which is currently filing a disclosure 4 33 report in another jurisdiction shall either file a statement 4 34 of organization under subsections 1 and 2 and file disclosure 4 35 reports, the same as those required of committees organized 5 1 only in Iowa, under section 56.6, or shall file one copy of a 5 2 verified statement with the board and a second copy with the 5 3 treasurer of the committee receiving the contribution. The 5 4 form shall be completed and filed at the time the contribution 5 5 is made. 5 6 (1) The verified statement shall be on forms prescribed by 5 7 the board and shall attest that the committee is filing 5 8 reports with the federal election commission or in a 5 9 jurisdiction with reporting requirements which are 5 10 substantially similar to those of this chapter, and that the 5 11 contribution is made from an account which does not accept 5 12 contributions which would be in violation of section 56.15. 5 13 (2) The form shall include the complete name, address, and 5 14 telephone number of the contributing committee, the state or 5 15 federal jurisdiction under which it is registered or operates, 5 16 the identification of any parent entity or other affiliates or 5 17 sponsors, its purpose, the name, address, and signature of an 5 18 Iowa resident authorized to receive service of original notice 5 19 and the name and address of the receiving committee, the 5 20 amount of the cash or in-kind contribution, and the date the 5 21 contribution was made. 5 22 Sec. 4. Section 56.5A, Code 1997, is amended to read as 5 23 follows: 5 24 56.5ACANDIDATE'SCOMMITTEE ORGANIZATION. 5 25 1. a. Each candidate for state, county, city, or school 5 26 office shall organize one, and only one, candidate's committee 5 27 for a specific office soughtwhen the candidate receivesto 5 28 account for contributions to the candidate in excess of five 5 29 hundred dollars in the aggregate,makesexpenditures in excess 5 30 of five hundred dollars in the aggregate, orincurs5 31 indebtedness in excess of five hundred dollars in the 5 32 aggregate in a calendar year. 5 33 b. A candidate's committee shall accept contributions only 5 34 from individuals who permanently reside within the district 5 35 represented by the office to which the candidate presently 6 1 seeks election. 6 2 2. a. A political committee shall not be established to 6 3 support or oppose only one candidate for office, except that a 6 4 political committee may be established to support or oppose 6 5 approval of a single judge standing for retention. 6 6 b. A political committee may be organized for the purpose 6 7 of supporting or defeating a candidate for office, but a 6 8 political committee, no matter where it is organized, shall 6 9 not directly contribute to any candidate or candidate's 6 10 committee. 6 11 c. An officer of a candidate's committee shall not serve 6 12 as an officer of a political committee. 6 13 3. For purposes of this section, "political committee" 6 14 shall not include a state statutory political committee, 6 15 county statutory political committee, city statutory political 6 16 committee, or national political party. 6 17 Sec. 5. Section 56.13, Code 1997, is amended to read as 6 18 follows: 6 19 56.13 INDEPENDENT EXPENDITURES. 6 20 1. Action involving a contribution or expenditure which 6 21 must be reported under this chapter and which is taken by any 6 22 person, candidate's committee or political committee on behalf 6 23 of a candidate, if known and approved by the candidate, shall 6 24 be deemed action by the candidate and reported by the 6 25 candidate's committee. 6 26 It shall be presumed that a candidate approves the action 6 27 if the candidate had knowledge of it and failed to file a 6 28 statement of disavowal with the commissioner or board and take 6 29 corrective action within seventy-two hours of the action. 6 30 2. A person, candidate's committee, or political committee 6 31 takingsuchaction involving a contribution or expenditure on 6 32 behalf of a candidate, which action is taken independently of 6 33 that candidate's committee, shall notify that candidate's 6 34 committee in writing within twenty-four hours of taking the 6 35 action. 7 1 a. The notification shall provide that candidate's 7 2 committee with the cost of the promotion at fair market value. 7 3 b. A copy of the notification shall be sent to the board. 7 4 3. Any person who makes expenditures or incurs 7 5 indebtedness, other than incidental expenses incurred in 7 6 performing volunteer work, in support or opposition of a 7 7 candidate for public office shall notify the appropriate 7 8 committee and provide necessary information for disclosure 7 9 reports. 7 10 4. For purposes of this section, action shall be construed 7 11 to have been taken independently of a candidate's committee 7 12 only if the action was not made with the cooperation of, with 7 13 the prior consent of, in consultation with, or at the request 7 14 or suggestion of any candidate, any candidate's committee, or 7 15 other agent for the candidate. 7 16 a. For purposes of this section, an agent of the candidate 7 17 is any person who has actual oral or written authority, either 7 18 expressed or implied, to make or to authorize the making of 7 19 expenditures on behalf of a candidate, or any person who has 7 20 been placed in a position within the campaign organization 7 21 where it would reasonably appear that in the ordinary course 7 22 of campaign-related activities, that person may authorize 7 23 activity on behalf of the candidate. 7 24 b. An action will be presumed to be made with the 7 25 cooperation of, with the prior consent of, in consultation 7 26 with, or at the request or suggestion of any candidate, any 7 27 candidate's committee, or other agent for the candidate in the 7 28 following situations: 7 29 (1) When the action is based on information about the 7 30 candidate's plans, projects, or needs, which information is 7 31 provided by the candidate, the candidate's committee, or other 7 32 agent of the candidate. 7 33 (2) When the action involves any arrangement, 7 34 coordination, or direction by the candidate, the candidate's 7 35 committee, or other agent of the candidate prior to the 8 1 action. 8 2 (3) When the action involves any participation by the 8 3 candidate or any person who is or who has been an officer of 8 4 the candidate's committee, or who is or who has been receiving 8 5 compensation or reimbursement from the candidate, the 8 6 candidate's committee, or other agent of the candidate. 8 7 5. Any expenditure which is part of action that is deemed 8 8 not to have been taken independently of the candidate, 8 9 candidate's committee, or other agent of the candidate shall 8 10 be considered a contribution and expenditure for the purpose 8 11 of contribution or expenditure limitations and prohibitions. 8 12 All reporting requirements shall apply to such contributions 8 13 and expenditures. 8 14 6. No expenditure by a candidate's committee shall be 8 15 construed to be an independent expenditure under this section. 8 162.7. If a person, other than a political committee, makes 8 17 one or more expenditures in excess of five hundred dollars in 8 18 the aggregate, or incurs indebtedness in excess of five 8 19 hundred dollars in the aggregate, in any one calendar year for 8 20 purposes of supporting or opposing a ballot issue, the person 8 21 shall file a statement of activity within ten days of taking 8 22 the action exceeding the threshold. The statement shall 8 23 contain information identifying the person filing the 8 24 statement, identifying the ballot issue, and indicating the 8 25 position urged by the person with regard to the ballot issue. 8 26 The person shall file reports indicating the dates on which 8 27 the expenditures or incurrence of indebtedness took place; a 8 28 description of the nature of the action taken which resulted 8 29 in the expenditures or debt; and the cost of the promotion at 8 30 fair market value. For a local ballot issue, the reports 8 31 shall be filed five days prior to any election in which the 8 32 ballot issue appears and on the first day of the month 8 33 following the election, as well as on the nineteenth day of 8 34 January, May, and July of each year in which the ballot issue 8 35 appears on the ballot and on the nineteenth day of January and 9 1 October of each year in which the ballot issue does not appear 9 2 on the ballot. For a statewide ballot issue, reports shall be 9 3 filed on the nineteenth day of January, May, and July of each 9 4 year. The reports shall be current to five days prior to the 9 5 filing deadline, and are considered timely filed if mailed 9 6 bearing a United States postal service postmark on or before 9 7 the due date. Filing obligations shall cease when the person 9 8 files a statement of discontinuation indicating that the 9 9 person's financial activity in support of or in opposition to 9 10 the ballot issue has ceased. Statements and reports shall be 9 11 filed with the commissioner responsible under section 47.2 for 9 12 conducting the election at which the issue is voted upon, 9 13 except that reports on a statewide ballot issue shall be filed 9 14 with the board. 9 153.8. A person taking action involving the making of an 9 16 expenditure or incurrence of indebtedness in support or 9 17 opposition to a ballot issue independently of a political 9 18 committee shall, within seventy-two hours of taking the 9 19 action, notify in writing any political committee which 9 20 advocates the same position with regard to the ballot issue as 9 21 the person taking the action. The notification shall provide 9 22 the political committee with the cost of the promotion at fair 9 23 market value. A copy of the notification shall be sent to the 9 24 board. It shall be presumed that a benefited committee 9 25 approves the action if the committee fails to file a statement 9 26 of disavowal with the commissioner or board and takes 9 27 corrective action within ten days of the action. Action 9 28 approved by a committee shall be reported as a contribution by 9 29 the committee. 9 304.9. This section shall not be construed to require 9 31 duplicate reporting of anything reported under this chapter by 9 32 a political committee except that actions which constitute 9 33 contributions in kind shall be reported by the benefited 9 34 committee. This section shall not be construed to require 9 35 reporting of action by any person which does not constitute a 10 1 contribution. 10 2 Sec. 6. Section 56.14, subsection 1, paragraph a, Code 10 3 1997, is amended to read as follows: 10 4 a. A person who causes the publication or distribution of 10 5 published material designed to promote or defeat the 10 6 nomination or election of a candidate for public office or the 10 7 passage of a constitutional amendment or public measure shall 10 8 include conspicuously on the published material the identity 10 9 and address of the person responsible for the material. 10 10 (1) If the person responsible is an organization, the name 10 11 of one officer of the organization shall appear on the 10 12 material.However, if10 13 (2) If the organization is a committee which has filed a 10 14 statement of organization under this chapter,onlythe name of 10 15 the committee, but no officer identification, is required to 10 16 be included on the published material. 10 17 b. Published material designed to promote or defeat the 10 18 nomination or election of a candidate for public office or the 10 19 passage of a constitutional amendment or public measure which 10 20 contains language or depictions which a reasonable person 10 21 would understand as asserting that an entity which is 10 22 incorporated or is a registered committee had authored the 10 23 material shall, if the entity is not incorporated or a 10 24 registered committee, include conspicuously on the published 10 25 material a statement that the apparent organization or 10 26 committee is not incorporated or a registered committee in 10 27 addition to the attribution statement required by this 10 28 section. For purposes of this section, "registered committee" 10 29 means a committee which has an active statement of 10 30 organization filed under section 56.5. 10 31 Sec. 7. Section 56.15A, Code 1997, is amended to read as 10 32 follows: 10 33 56.15APROHIBITINGPROHIBITED CONTRIBUTIONSDURING THE10 34LEGISLATIVE SESSION. 10 35 1. A lobbyist or political committee, other than a state11 1statutory political committee, county statutory political11 2committee, or a national political party,shall not contribute 11 3 to, act as an agent or intermediary for contributions to, or 11 4 arrange for the making of monetary or in-kind contributions to 11 5 the campaign of an electedstateofficial, member of the 11 6 general assembly, or candidate forstateofficeon any day11 7during the regular legislative session and, in the case of the11 8governor or a gubernatorial candidate, during the thirty days11 9following the adjournment of a regular legislative session11 10allowed for the signing of bills. 11 11 2.ThisNotwithstanding subsection 1, this section shall 11 12 not apply to the receipt of contributions by an electedstate11 13 official, member of the general assembly,or otherstate11 14officialcandidate who has taken affirmative action to seek 11 15 nomination or election to a federal elective office. 11 16This section shall not apply to a candidate for state11 17office who filed nomination papers for an office for which a11 18special election is called or held during the regular11 19legislative session, if the candidate receives the11 20contribution at any time during the period commencing on the11 21date on which at least two candidates have been nominated for11 22the office and ending on the date on which the election is11 23held. A person who is an elected state official shall not,11 24however, solicit contributions during a legislative session11 25from any lobbyist or political committee, other than a state11 26statutory political committee, county statutory political11 27committee, or a national political party, for another11 28candidate for a state office for which a special election is11 29held.11 30 Sec. 8. EFFECTIVE DATE. This Act shall take effect on 11 31 January 1, 1998. 11 32 EXPLANATION 11 33 This bill adds a prohibition against contributions to Iowa 11 34 political campaigns by political committees and lobbyists. 11 35 The bill also requires contributions to be made by individuals 12 1 residing within a candidate's district, in Code section 56.5A. 12 2 The prohibition against contributions by political 12 3 committees is primarily contained in Code section 56.15A. A 12 4 related prohibition is contained in Code section 56.5A, 12 5 including the prohibition of a current officer of a 12 6 candidate's committee serving as an officer of a political 12 7 committee. 12 8 Consistent with this prohibition against contributions by 12 9 political committees, a prohibition is added to Code section 12 10 56.13 against action by political committees which can be 12 11 attributed to the candidate, the candidate's committee, or an 12 12 agent of the candidate. Technical changes consistent with the 12 13 prohibition of contributions by political committees are also 12 14 made in Code sections 56.5 and 56.14. 12 15 This bill also reorganizes Code section 56.4, regarding 12 16 which disclosure reports are filed with the Iowa ethics and 12 17 campaign disclosure board, and which are filed with the local 12 18 commissioner of elections. 12 19 The bill includes an effective date of January 1, 1998. 12 20 LSB 1166XS 77 12 21 jls/sc/14
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