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PAG LIN
1 1 Section 1. NEW SECTION. 56.14A TRUTH IN CAMPAIGN
1 2 ADVERTISING ADVISORY BOARD – ESTABLISHED.
1 3 1. An Iowa truth in campaign advertising advisory board is
1 4 established as an independent agency attached to the ethics
1 5 and campaign disclosure board for administrative purposes.
1 6 The board shall review complaints and requests relating to
1 7 advertising used in political campaigns of candidates for
1 8 public office. The board shall consist of nine members who
1 9 shall be appointed as follows:
1 10 a. Two members of the same political party, to be
1 11 appointed by the speaker of the house of representatives.
1 12 b. Two members of the same political party, but other than
1 13 the party referred to in paragraph "a", to be appointed by the
1 14 minority leader of the house of representatives.
1 15 c. Two members of the same political party, to be
1 16 appointed by the president of the senate.
1 17 d. Two members of the same political party, to be
1 18 appointed by the minority leader of the senate.
1 19 e. One member of a political party which is not one of the
1 20 political parties represented in paragraphs "a" through "d",
1 21 but which cast for its candidate for president of the United
1 22 States or for governor, at least two percent of the total vote
1 23 cast for all candidates for that office at the last preceding
1 24 general election. The member shall be appointed by the
1 25 chairperson of that political party.
1 26 2. Members shall serve staggered four-year terms beginning
1 27 and ending as provided in section 69.19. Any vacancy on the
1 28 board shall be filled by appointment for the unexpired portion
1 29 of the term, within ninety days of the vacancy and in
1 30 accordance with the procedures for regular appointments. A
1 31 member of the board may be reappointed to serve additional
1 32 terms on the board. Members may be removed in the manner
1 33 provided in chapter 69.
1 34 3. The board shall annually elect one member to serve as
1 35 the chairperson of the board and one member to serve as vice
2 1 chairperson. The vice chairperson shall act as the
2 2 chairperson in the absence or disability of the chairperson or
2 3 in the event of a vacancy in that office.
2 4 4. The chairperson of the board shall have the following
2 5 powers, duties, and functions:
2 6 a. Preside over meetings of the board.
2 7 b. Call meetings of the board upon receipt of a complaint
2 8 or request submitted through the ethics and campaign
2 9 disclosure board which pertains to the truthfulness or
2 10 accuracy of campaign advertising.
2 11 5. A candidate, candidate's committee, or a political
2 12 party may file a request or complaint regarding the
2 13 truthfulness or accuracy of a campaign advertisement by filing
2 14 the request or complaint with the ethics and campaign
2 15 disclosure board. The complaint or request shall include,
2 16 when known, the name of the person making the request or
2 17 filing the complaint, the name of the person who published or
2 18 is responsible for the publication of the advertisement, and a
2 19 statement of any facts believed to be relevant to the
2 20 truthfulness or falsity of the advertisement, including the
2 21 sources of information and approximate dates on which the
2 22 advertisement was published. Upon receiving a request or
2 23 complaint which alleges that an item of campaign advertising
2 24 was false or misleading, the ethics and campaign disclosure
2 25 board shall immediately transmit the request or complaint and
2 26 any supporting information to the chairperson of the truth in
2 27 advertising board.
2 28 6. Upon receipt of a request or complaint, the chairperson
2 29 shall call a meeting of the board for purposes of reviewing
2 30 the request or complaint and any supporting information.
2 31 7. The board shall promptly notify any person alleged to
2 32 have published a false or misleading advertisement by causing
2 33 a copy of the request or complaint to be delivered to the
2 34 person. The board shall request that the person respond to
2 35 the allegations within a reasonable period of time.
3 1 8. The board shall determine, on the basis of information
3 2 received, whether there is sufficient information to proceed
3 3 with an advisory opinion or whether further information is
3 4 needed.
3 5 Once the board determines that sufficient information is
3 6 available, the board shall issue an advisory opinion which
3 7 states whether the information contained in the campaign
3 8 advertisement is true and accurate. Opinions shall be issued
3 9 when approved by a majority of the members of the board.
3 10 Opinions are not binding on the candidate or the candidate's
3 11 opponent. Unless the request or complaint is received within
3 12 the two weeks immediately preceding the election, the board
3 13 shall consider the request or complaint and issue an opinion
3 14 within two weeks of the date that the request or complaint is
3 15 received. If the request or complaint is received during the
3 16 week which precedes the week of the election, the board shall
3 17 consider the request or complaint and issue an opinion within
3 18 three days of the date that the request or complaint is
3 19 received. If the request or complaint is received during the
3 20 week of the election, the board shall consider the request or
3 21 complaint and issue an opinion within twenty-four hours of
3 22 receiving the request or complaint.
3 23 9. The ethics and campaign disclosure board shall adopt
3 24 rules for the receipt, processing, and transmission of
3 25 requests and complaints regarding the truthfulness and
3 26 accuracy of campaign advertising to the truth in advertising
3 27 board.
3 28 10. The truth in advertising board shall adopt rules for
3 29 the processing of requests and complaints and for the issuance
3 30 and publication of opinions relating to the truthfulness or
3 31 accuracy of campaign advertising. The rules shall provide
3 32 that copies of the board opinions shall be sent to both the
3 33 person who made the request or complaint and the person who is
3 34 the subject of the request or complaint, as well as any
3 35 appropriate members of the media. The rules shall also
4 1 provide for issuance of a statement of disapproval regarding
4 2 the issuance or publication of any new campaign advertisement
4 3 during the two-week period which immediately precedes an
4 4 election. The board shall consider a campaign advertisement
4 5 to be new if the campaign advertisement was not issued or
4 6 published at some time prior to the two-week period which
4 7 immediately precedes the election.
4 8 11. Requests, complaints, investigative material, and the
4 9 opinions of the board are public records subject to public
4 10 inspection and copying under chapter 22.
4 11 EXPLANATION
4 12 This bill provides for the establishment of a new truth in
4 13 advertising board, which is attached to the ethics and
4 14 campaign disclosure board for administrative purposes. The
4 15 truth in advertising board is a nine-member board. Eight of
4 16 the members are to be selected by general assembly leadership,
4 17 and the remaining member is to be selected by the chairperson
4 18 of a party which was recognized as a political party during
4 19 the last general election by having garnered for its candidate
4 20 for governor or president at least two percent of the total
4 21 vote cast for all candidates for that office.
4 22 The truth in advertising board is to receive requests or
4 23 complaints, which may be submitted by candidates, candidate's
4 24 committees, or political parties, regarding the truthfulness
4 25 or accuracy of campaign advertising. The requests or
4 26 complaints are to be initially received by the ethics and
4 27 campaign disclosure board and then transmitted to the truth in
4 28 advertising board chairperson, who is to call a meeting of the
4 29 board to review the request or complaint and any supporting
4 30 information. The board is to issue an advisory opinion on the
4 31 issue of whether the advertising is false or misleading. The
4 32 board is also authorized to issue a statement of disapproval
4 33 regarding the issuance or publication of any new campaign
4 34 advertisement during the two-week period which immediately
4 35 precedes an election. Requests, complaints, any investigative
5 1 material, and opinions of the board are public records subject
5 2 to inspection and copying under Code chapter 22.
5 3 Requests or complaints are to be resolved within two weeks
5 4 of receipt, except that if a request or complaint is received
5 5 during the week preceding the week of the election, the matter
5 6 is to be resolved within three days, and if the request or
5 7 complaint is received during the week of the election, the
5 8 matter is to be resolved within twenty-four hours.
5 9 LSB 2559XS 77
5 10 lh/jw/5
Text: SF00401 Text: SF00403 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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