Text: H08170                            Text: H08172
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 8171

Amendment Text

PAG LIN
  1  1    Amend House File 2409 as follows:
  1  2    #1.  Page 1, by inserting after line 6 the
  1  3 following:
  1  4    "Sec.    .  NEW SECTION.  56.6A  ELECTRONIC FILING.
  1  5    Reports filed with the board pursuant to the
  1  6 requirements of section 56.6 shall be filed in an
  1  7 electronic format if a candidate or committee accepts
  1  8 contributions in excess of twenty thousand dollars in
  1  9 the aggregate, makes expenditures in excess of twenty
  1 10 thousand dollars in the aggregate, or incurs
  1 11 indebtedness in excess of twenty thousand dollars in
  1 12 the aggregate."
  1 13    #2.  Page 2, by inserting after line 29 the
  1 14 following:
  1 15    "Sec.    .  NEW SECTION.  56.13A  MEDIA REPORTS.
  1 16    1.  a.  Publishers of print and electronic media
  1 17 shall record all purchases of print space and
  1 18 electronic media time or space related to
  1 19 advertisements that expressly advocate the election or
  1 20 defeat of a clearly identified candidate or the
  1 21 passage or defeat of a ballot issue.
  1 22    b.  Publishers shall file monthly reports of
  1 23 activity covered by this section with the board, due
  1 24 at the board or postmarked by the fifth day of each
  1 25 month following any month in which media space or time
  1 26 has been purchased related to advertisements that
  1 27 expressly advocate the election or defeat of a clearly
  1 28 identified candidate or the passage or defeat of a
  1 29 ballot issue.
  1 30    c.  The reports shall contain a detailed listing of
  1 31 at least the following information:
  1 32    (1)  Identification of the persons buying the media
  1 33 space or time.
  1 34    (2)  Identification of the candidate or ballot
  1 35 issue that is clearly identified in the advertisement.
  1 36    (3)  Description of the position advocated by the
  1 37 persons buying the media space or time with regard to
  1 38 the clearly identified candidate or ballot issue.
  1 39    (4)  The dates on which the purchase took place,
  1 40 and the dates for which the media space or time was
  1 41 purchased.
  1 42    (5)  The cost of the media space or time.
  1 43    2.  The filing requirements of this section shall
  1 44 apply in addition to any other applicable filing
  1 45 requirements under this chapter.
  1 46    3.  The board shall develop, prescribe, furnish,
  1 47 and distribute forms for the media reports."
  1 48    #3.  Page 6, by striking lines 3 and 4 and
  1 49 inserting the following:
  1 50    "Sec.    .  NEW SECTION.  56.100  DEFINITIONS.
  2  1    For the purposes of this subchapter:
  2  2    1.  "Allowable contribution" means a qualifying
  2  3 contribution or a seed money contribution.
  2  4    2.  "Board" means the Iowa ethics and campaign
  2  5 disclosure board established under section 68B.32.
  2  6    3.  "Clean money qualifying period" means the
  2  7 period during which candidates are permitted to
  2  8 collect qualifying contributions in order to qualify
  2  9 for clean money funding.  The period begins ninety
  2 10 days before the beginning of the primary election
  2 11 campaign period and ends thirty days before the
  2 12 beginning of the primary election campaign period.
  2 13    4.  "Coordination" means a payment made for a
  2 14 communication or anything of value that is for the
  2 15 purpose of influencing the outcome of an election and
  2 16 that is made by a person according to at least one of
  2 17 the following:
  2 18    a.  In cooperation, consultation, or concert with,
  2 19 at the request or suggestion of, or pursuant to, a
  2 20 particular understanding with a candidate, a
  2 21 candidate's authorized committee, or an agent acting
  2 22 on behalf of a candidate or authorized committee.
  2 23    b.  For the dissemination, distribution, or
  2 24 republication, in whole or in part, of any broadcast
  2 25 or any written, graphic, or other form of campaign
  2 26 material prepared by a candidate, a candidate's
  2 27 committee, or an agent of a candidate or candidate's
  2 28 committee.
  2 29    c.  Based on specific information about the
  2 30 candidate's plans, projects, or needs provided to the
  2 31 person making the payment by the candidate or the
  2 32 candidate's agent who provides the information with a
  2 33 view toward having the payment made.
  2 34    d.  If, in the same election cycle in which the
  2 35 payment is made, the person making the payment is
  2 36 serving or has served as a member, employee, fund-
  2 37 raiser, or agent of the candidate's committee in an
  2 38 executive or policymaking position.
  2 39    e.  If the person making the payment has served in
  2 40 any formal policy or advisory position with the
  2 41 candidate's campaign or has participated in strategic
  2 42 or policymaking discussions with the candidate's
  2 43 campaign relating to the candidate's pursuit of
  2 44 nomination for election, or election, to office, in
  2 45 the same election cycle as the election cycle in which
  2 46 the payment is made.
  2 47    f.  If the person making the payment retains the
  2 48 professional services of an individual or person who,
  2 49 in a nonministerial capacity, has provided or is
  2 50 providing campaign-related services in the same
  3  1 election cycle to a candidate who is pursuing the same
  3  2 nomination or election as any of the candidates to
  3  3 whom the communication refers.  For purposes of this
  3  4 section, "professional services" includes services in
  3  5 support of a candidate's pursuit of nomination for
  3  6 election or election to office such as polling, media
  3  7 advice, direct mail, fund-raising, or campaign
  3  8 research.
  3  9    5.  "Excess expenditure amount" means the amount of
  3 10 money spent or obligated to be spent by a
  3 11 nonparticipating candidate in excess of the clean
  3 12 money amount available to a participating candidate
  3 13 running for the same office.
  3 14    6.  "Express advocacy" means the same as defined in
  3 15 section 56.2.
  3 16    7.  "General election campaign period" means the
  3 17 period beginning the day after the primary election
  3 18 and ending on the day of the general election.
  3 19    8.  "Independent candidate" means a candidate who
  3 20 does not represent a political party that has been
  3 21 granted ballot status and holds a primary election to
  3 22 choose its nominee for the general election.
  3 23    9.  "Independent expenditure" means an expenditure
  3 24 made by a person or group of persons other than a
  3 25 candidate or candidate's committee that meets both of
  3 26 the following conditions:
  3 27    a.  The expenditure is made for a communication
  3 28 that contains express advocacy.
  3 29    b.  The expenditure is made without the
  3 30 participation or cooperation of and without
  3 31 coordination with a candidate or a candidate's
  3 32 committee.
  3 33    10.  "Issue advertisement" means a communication
  3 34 through a broadcasting station, newspaper, magazine,
  3 35 outdoor advertising facility, mailing, or any other
  3 36 type of general public political advertising that has
  3 37 all of the following characteristics:
  3 38    a.  The purchase does not constitute an independent
  3 39 expenditure or a contribution.
  3 40    b.  The cost, in the aggregate, is at least five
  3 41 hundred dollars.
  3 42    c.  The communication contains the name or likeness
  3 43 of one or more candidates.
  3 44    d.  The communication was made during a primary or
  3 45 general election period.
  3 46    e.  The communication recommends a position on a
  3 47 political issue.
  3 48    11.  "Nonparticipating candidate" means a candidate
  3 49 who is on the ballot but has chosen not to apply for
  3 50 clean money campaign funding, or a candidate who is on
  4  1 the ballot and has applied for but has not satisfied
  4  2 the requirements for receiving clean money funding.
  4  3    12.  "Participating candidate" means a candidate
  4  4 who qualifies for clean money campaign funding.  Such
  4  5 candidates are eligible to receive clean money funding
  4  6 during primary or general election campaign periods.
  4  7    13.  "Party candidate" means a candidate who
  4  8 represents a political party as defined by section
  4  9 43.2.
  4 10    14.  "Primary election campaign period" means the
  4 11 period beginning ninety days before the primary
  4 12 election and ending on the day of the primary
  4 13 election.
  4 14    15.  "Qualifying contribution" means a contribution
  4 15 of five dollars that is received during the designated
  4 16 clean money qualifying period by a candidate seeking
  4 17 to become eligible for clean money campaign funding
  4 18 and that is acknowledged by a written receipt
  4 19 identifying the contributor.
  4 20    16.  "Seed money contribution" means a contribution
  4 21 of no more than one hundred dollars made by an
  4 22 individual adult during the seed money period, but
  4 23 specifically excludes all of the following:
  4 24    a.  Payments by a membership organization for the
  4 25 costs of communications to its members.
  4 26    b.  Payments by a membership organization for the
  4 27 purpose of facilitating the making of qualifying
  4 28 contributions.
  4 29    c.  Volunteer activity, including the payment of
  4 30 incidental expenses by volunteers.
  4 31    17.  "Seed money period" means the period beginning
  4 32 the day following the previous general election for
  4 33 that office and ending on the last day of the clean
  4 34 money qualifying period.  This is the exploratory
  4 35 period during which candidates who wish to become
  4 36 eligible for clean money funding for the next
  4 37 elections are permitted to raise and spend a limited
  4 38 amount of private seed money, from contributions of up
  4 39 to one hundred dollars per individual, for the purpose
  4 40 of determining whether to become a candidate and
  4 41 fulfilling the clean money eligibility requirements.
  4 42    Sec.    .  NEW SECTION.  56.101  ELIGIBILITY FOR
  4 43 PARTY CANDIDATES.
  4 44    1.  A party candidate qualifies as a participating
  4 45 candidate for the primary election campaign period if
  4 46 the candidate does both of the following:
  4 47    a.  The candidate files a declaration with the
  4 48 board that the candidate has complied and will comply
  4 49 with all of the requirements of this subchapter,
  4 50 including the requirement that during the seed money
  5  1 period and the clean money qualifying period the
  5  2 candidate not accept or spend private contributions
  5  3 from any source other than seed money contributions
  5  4 and clean money qualifying contributions, unless the
  5  5 provisions of section 56.103 apply.
  5  6    b.  The candidate meets both of the following
  5  7 qualifying contribution requirements before the close
  5  8 of the clean money qualifying period:
  5  9    (1)  A party candidate must collect both qualifying
  5 10 contributions and signatures as follows:
  5 11    (a)  For the office of governor, from five hundred
  5 12 registered voters in each congressional district.
  5 13    (b)  For statewide office other than governor, from
  5 14 two hundred fifty registered voters in each
  5 15 congressional district.
  5 16    (c)  For the Iowa senate, from two hundred
  5 17 registered voters in the senate candidate's electoral
  5 18 district.
  5 19    (d)  For the Iowa house of representatives from one
  5 20 hundred registered voters in the house candidate's
  5 21 electoral district.
  5 22    (2)  Each qualifying contribution must meet all
  5 23 requirements of this section.
  5 24    2.  Contributors shall be registered voters who
  5 25 reside within the candidate's electoral district and
  5 26 who are therefore eligible to vote for that candidate.
  5 27    3.  Qualifying contributions shall be:
  5 28    a.  Made in cash or by check or money order.
  5 29    b.  Gathered by candidates themselves or by
  5 30 volunteers who do not receive compensation.
  5 31    c.  Acknowledged by a receipt to the contributor,
  5 32 with a copy to be kept by the candidate and a third
  5 33 copy to be submitted to the board.  The receipt shall
  5 34 indicate, by the contributor's signature, that the
  5 35 contributor understands that the purpose of the
  5 36 contribution is to help the candidate qualify for
  5 37 clean money campaign funding, and shall include a
  5 38 signed statement indicating that the contribution is
  5 39 made without coercion or reimbursement.  The receipt
  5 40 shall include the contributor's signature, printed
  5 41 name, home address, and telephone number, and the name
  5 42 of the candidate on whose behalf the contribution is
  5 43 made.
  5 44    d.  Turned over to the board for deposit in the
  5 45 clean money fund established under section 56.122,
  5 46 with the signed and completed receipt, according to a
  5 47 schedule and procedure to be determined by the board.
  5 48 A contribution submitted as a qualifying contribution
  5 49 that does not include the signed and completed receipt
  5 50 shall not be counted as a qualifying contribution.
  6  1    4.  A party candidate qualifies as a participating
  6  2 candidate for the general election campaign period
  6  3 when the candidate does both of the following:
  6  4    a.  The candidate has met all of the applicable
  6  5 requirements and filed a declaration with the board
  6  6 that the candidate has fulfilled and will fulfill all
  6  7 of the requirements of a participating candidate as
  6  8 stated in this subchapter.
  6  9    b.  As a participating candidate during the primary
  6 10 election campaign period, the candidate had the
  6 11 highest number of votes of the candidates contesting
  6 12 the primary election from the candidate's respective
  6 13 party and won the party's nomination.
  6 14    Sec.    .  NEW SECTION.  56.102  ELIGIBILITY FOR
  6 15 INDEPENDENT CANDIDATES.
  6 16    1.  An independent candidate qualifies as a
  6 17 participating candidate for the primary election
  6 18 campaign period if the candidate does both of the
  6 19 following:
  6 20    a.  The candidate files a declaration with the
  6 21 board that the candidate has complied and will comply
  6 22 with all of the requirements of this subchapter,
  6 23 including the requirement that during the seed money
  6 24 period and the clean money qualifying period the
  6 25 candidate not accept or spend private contributions
  6 26 from any source other than seed money contributions
  6 27 and clean money qualifying contributions, unless the
  6 28 provisions of section 56.103 apply.
  6 29    b.  The candidate meets the following qualifying
  6 30 contribution requirements before the close of the
  6 31 clean money qualifying period:
  6 32    (1)  An independent candidate shall collect the
  6 33 same number of qualifying contributions as required of
  6 34 a party candidate for the same office under section
  6 35 56.101.
  6 36    (2)  Each qualifying contribution must meet all
  6 37 requirements of this section.
  6 38    2.  Contributors shall be registered voters who
  6 39 reside within the candidate's electoral district and
  6 40 who are therefore eligible to vote for that candidate.
  6 41    3.  Qualifying contributions shall be:
  6 42    a.  Made in cash or by check or money order.
  6 43    b.  Gathered by candidates themselves or by
  6 44 volunteers who do not receive compensation.
  6 45    c.  Acknowledged by a receipt to the contributor,
  6 46 with a copy to be kept by the candidate and a third
  6 47 copy to be submitted to the board.  The receipt shall
  6 48 indicate, by the contributor's signature, that the
  6 49 contributor understands that the purpose of the
  6 50 contribution is to help the candidate qualify for
  7  1 clean money campaign funding, and shall include a
  7  2 signed statement indicating that the contribution is
  7  3 made without coercion or reimbursement.  The receipt
  7  4 shall include the contributor's signature, printed
  7  5 name, home address, and telephone number, and the name
  7  6 of the candidate on whose behalf the contribution is
  7  7 made.
  7  8    d.  Turned over to the board for deposit in the
  7  9 clean money fund established under section 56.122,
  7 10 with the signed and completed receipt, according to a
  7 11 schedule and procedure to be determined by the board.
  7 12 A contribution submitted as a qualifying contribution
  7 13 that does not include the signed and completed receipt
  7 14 shall not be counted as a qualifying contribution.
  7 15    4.  An independent candidate qualifies as a
  7 16 participating candidate for the general election
  7 17 campaign period when the candidate does both of the
  7 18 following:
  7 19    a.  If, prior to the primary election, the
  7 20 candidate has met all of the applicable requirements
  7 21 of this subchapter and filed a declaration with the
  7 22 board that the candidate has fulfilled and will
  7 23 fulfill all of the requirements of a participating
  7 24 candidate as stated in this subchapter.
  7 25    b.  If, during the primary election campaign
  7 26 period, the candidate has fulfilled all the
  7 27 requirements of a participating candidate as stated in
  7 28 this subchapter.
  7 29    Sec.    .  NEW SECTION.  56.103  TRANSITION RULE
  7 30 FOR CURRENT ELECTION CYCLE.
  7 31    During the election cycle in effect on the date of
  7 32 enactment of this subchapter, a candidate may be
  7 33 certified as a participating candidate,
  7 34 notwithstanding the acceptance of contributions or
  7 35 making of expenditures from private funds before the
  7 36 date of enactment that would, absent this section,
  7 37 disqualify the candidate as a participating candidate,
  7 38 provided that any private funds accepted but not
  7 39 expended before the date of enactment of this
  7 40 subchapter shall either be returned to the contributor
  7 41 or submitted to the board for deposit in the clean
  7 42 money fund established under section 56.122.
  7 43    Sec.    .  NEW SECTION.  56.104  CONTINUING
  7 44 OBLIGATION TO COMPLY.
  7 45    A participating candidate who accepts any benefits
  7 46 under section 56.111 during the primary election
  7 47 campaign period shall comply with all the requirements
  7 48 of this subchapter through any remaining time during
  7 49 the primary election campaign period as well as
  7 50 through the general election campaign period whether
  8  1 or not the candidate continues to accept benefits.
  8  2    Sec.    .  NEW SECTION.  56.105  CONTRIBUTIONS AND
  8  3 EXPENDITURES.
  8  4    1.  During the primary and general election
  8  5 campaign periods, a participating candidate who has
  8  6 voluntarily agreed to participate in clean money
  8  7 financing shall not accept private contributions from
  8  8 any source other than the candidate's political party
  8  9 as specified in section 56.106.
  8 10    2.  Notwithstanding section 56.12, a person shall
  8 11 not make a contribution in the name of another person.
  8 12 A participating candidate who receives a qualifying
  8 13 contribution or a seed money contribution that is not
  8 14 from the person listed on the receipt as required by
  8 15 this subchapter shall be liable to pay to the board
  8 16 for deposit in the clean money fund established under
  8 17 section 56.122 the entire amount of such contribution,
  8 18 in addition to any penalties.
  8 19    3.  During the primary and general election
  8 20 campaign periods, a participating candidate shall pay
  8 21 by means of the board's clean money debit card.
  8 22    4.  Eligible candidates shall furnish complete
  8 23 campaign records, including all records of seed money
  8 24 contributions and qualifying contributions, to the
  8 25 board at regular filing times, or on request by the
  8 26 board.  Candidates must cooperate with any audit or
  8 27 examination conducted or ordered by the board.
  8 28    Sec.    .  NEW SECTION.  56.105A  NONPARTICIPATING
  8 29 CANDIDATES – CONTRIBUTION LIMITS.
  8 30    Nonparticipating candidates shall be subject to the
  8 31 following contribution limits:
  8 32    1.  Candidates for statewide office:
  8 33    a.  One thousand dollars in the aggregate per
  8 34 individual contribution.
  8 35    b.  Five thousand dollars in the aggregate per
  8 36 political committee contribution.
  8 37    2.  Candidates for the Iowa senate and house of
  8 38 representatives:
  8 39    a.  Five hundred dollars in the aggregate per
  8 40 individual contribution.
  8 41    b.  One thousand dollars in the aggregate per
  8 42 political committee contribution.
  8 43    Sec.    .  NEW SECTION.  56.106  POLITICAL PARTY
  8 44 CONTRIBUTIONS AND EXPENDITURES.
  8 45    1.  Participating candidates may accept monetary or
  8 46 in-kind contributions from political parties provided
  8 47 that the aggregate amount of such contributions from
  8 48 all political party committees combined does not
  8 49 exceed the equivalent of five percent of the clean
  8 50 money financing amount for that office.
  9  1    2.  In-kind contributions made during a general
  9  2 election campaign period on behalf of a group of the
  9  3 party's candidates shall not be considered a
  9  4 prohibited party contribution or count against the
  9  5 five percent limit established in subsection 1 if such
  9  6 group includes at least fifty-one percent of the
  9  7 candidates whose names will appear on the general
  9  8 election ballot in the political subdivision
  9  9 represented by the party committee making such in-kind
  9 10 contributions.
  9 11    3.  Contributions made to, and expenditures made
  9 12 by, political parties during primary and general
  9 13 campaign periods shall be reported to the board on the
  9 14 same basis as contributions and expenditures made to
  9 15 or by candidates.
  9 16    4.  This section and this subchapter shall not
  9 17 prevent political party funds from being used for any
  9 18 of the following:
  9 19    a.  General operating expenses of the party.
  9 20    b.  Conventions.
  9 21    c.  Nominating and endorsing candidates.
  9 22    d.  Identifying, researching, and developing the
  9 23 party's positions on issues.
  9 24    e.  Party platform activities.
  9 25    f.  Non-candidate-specific voter registration.
  9 26    g.  Non-candidate-specific get-out-the-vote drives.
  9 27    h.  Travel expenses for noncandidate party leaders
  9 28 and staff.
  9 29    i.  Other non-candidate-specific party-building
  9 30 activities, as defined by rule of the board.
  9 31    Sec.    .  NEW SECTION.  56.107  USE OF PERSONAL
  9 32 FUNDS.
  9 33    1.  Personal funds contributed as seed money by a
  9 34 candidate seeking to become eligible as a
  9 35 participating candidate or by the candidate's spouse
  9 36 shall not exceed one hundred dollars per contributor.
  9 37    2.  Personal funds shall not be used to meet the
  9 38 qualifying contribution requirement except for one
  9 39 five dollar contribution from the candidate and one
  9 40 five dollar contribution from the candidate's spouse.
  9 41    Sec.    .  NEW SECTION.  56.108  SEED MONEY.
  9 42    1.  The only private contributions a candidate
  9 43 seeking to become eligible for clean money funding
  9 44 shall accept, other than qualifying contributions, are
  9 45 seed money contributions contributed by individual
  9 46 adults prior to the end of the clean money qualifying
  9 47 period.
  9 48    2.  A seed money contribution shall not exceed one
  9 49 hundred dollars, and the aggregate amount of seed
  9 50 money contributions accepted by a candidate seeking to
 10  1 become eligible for clean money funding shall not
 10  2 exceed the relevant limit, as follows:
 10  3    a.  Twenty-five thousand dollars for a candidate
 10  4 team running for governor and lieutenant governor.
 10  5    b.  Fifteen thousand dollars for a candidate team
 10  6 running for statewide office other than governor or
 10  7 lieutenant governor.
 10  8    c.  Two thousand dollars for a candidate running
 10  9 for the Iowa senate.
 10 10    d.  One thousand dollars for a candidate running
 10 11 for the Iowa house of representatives.
 10 12    3.  Receipts for seed money contributions shall
 10 13 include the contributor's signature, printed name,
 10 14 street address and zip code, telephone number,
 10 15 occupation, and name of employer.  Contributions shall
 10 16 not be accepted if the required disclosure information
 10 17 is not received.
 10 18    4.  Seed money shall be spent only during the clean
 10 19 money qualifying period.  Seed money shall not be
 10 20 spent during the primary or general election campaign
 10 21 periods.
 10 22    5.  Within forty-eight hours after the close of the
 10 23 clean money qualifying period, candidates seeking to
 10 24 become eligible for clean money funding shall do both
 10 25 of the following:
 10 26    a.  Fully disclose all seed money contributions and
 10 27 expenditures to the board.
 10 28    b.  Turn over to the board for deposit in the clean
 10 29 money fund any seed money the candidate has raised
 10 30 during the designated seed money period that exceeds
 10 31 the aggregate seed money limit.
 10 32    Sec.    .  NEW SECTION.  56.109  PARTICIPATION IN
 10 33 DEBATES.
 10 34    1.  Participating candidates in contested races
 10 35 shall participate in all of the following:
 10 36    a.  For the offices of governor and lieutenant
 10 37 governor:
 10 38    (1)  One one-hour debate during a contested primary
 10 39 election.
 10 40    (2)  Two one-hour debates during a contested
 10 41 general election.
 10 42    b.  For all other offices:
 10 43    (1)  One one-hour debate during a contested primary
 10 44 election.
 10 45    (2)  One one-hour debate during a contested general
 10 46 election.
 10 47    2.  Licensed broadcasters who receive any state
 10 48 funds shall be required to publicly broadcast the
 10 49 debates held pursuant to this section and section
 10 50 56.120.
 11  1    3.  Nonparticipating candidates for the same office
 11  2 whose names will appear on the ballot shall be invited
 11  3 to join the debates.
 11  4    Sec.    .  NEW SECTION.  56.110  CERTIFICATION.
 11  5    1.  No more than five days after a candidate
 11  6 applies for clean money benefits, the board shall
 11  7 certify that the candidate is or is not eligible.
 11  8    2.  Eligibility can be revoked if the candidate
 11  9 violates the requirements of this subchapter, in which
 11 10 case all clean money funds shall be repaid.
 11 11    3.  The candidate's request for certification shall
 11 12 be signed by the candidate and the treasurer of the
 11 13 candidate's committee under penalty of perjury.
 11 14    4.  The board's determination is final except that
 11 15 it is subject to examination and audit by an outside
 11 16 agency according to rule and to prompt judicial review
 11 17 according to rule and chapter 17A.
 11 18    Sec.    .  NEW SECTION.  56.111  BENEFITS PROVIDED
 11 19 TO CANDIDATES ELIGIBLE TO RECEIVE CLEAN MONEY.
 11 20    1.  Candidates who qualify for clean money funding
 11 21 for primary and general elections shall receive all of
 11 22 the following:
 11 23    a.  Clean money funding from the board for each
 11 24 election, the amount of which is specified in section
 11 25 56.113.  This funding may be used to finance any and
 11 26 all campaign expenses during the particular campaign
 11 27 period for which it was received.
 11 28    b.  Media benefits as provided for in section
 11 29 56.120.
 11 30    c.  Indication on the ballot of participation in
 11 31 the public funding program as provided in section
 11 32 56.121.
 11 33    d.  Additional clean money funding to match any
 11 34 excess expenditure amount spent by a nonparticipating
 11 35 candidate, as specified in section 56.115.
 11 36    e.  Additional clean money funding to match any
 11 37 independent expenditure made in opposition to their
 11 38 candidacies or on behalf of their opponents'
 11 39 candidacies, as specified in section 56.117.
 11 40    f.  Additional clean money funding to match any
 11 41 issue advertisement expenditure, as specified in
 11 42 section 56.118.
 11 43    2.  The maximum aggregate amount of additional
 11 44 funding a participating candidate shall receive to
 11 45 match independent expenditures and the excess
 11 46 expenditures of nonparticipating candidates shall be
 11 47 two hundred percent of the full amount of clean money
 11 48 funding allocated to a participating candidate for a
 11 49 particular primary or general election campaign
 11 50 period.
 12  1    Sec.    .  NEW SECTION.  56.112  SCHEDULE OF CLEAN
 12  2 MONEY PAYMENTS.
 12  3    1.  An eligible candidate shall receive clean money
 12  4 funding for the primary election campaign period on
 12  5 the date on which the board certifies the candidate as
 12  6 a participating candidate.  This certification shall
 12  7 take place no later than five days after the candidate
 12  8 has submitted the required number of qualifying
 12  9 contributions and a declaration stating that the
 12 10 candidate has complied with all other requirements for
 12 11 eligibility as a participating candidate, but no
 12 12 earlier than the beginning of the primary election
 12 13 campaign period.
 12 14    2.  An eligible candidate shall receive clean money
 12 15 funding for the general election campaign period
 12 16 within forty-eight hours after certification of the
 12 17 primary election results.
 12 18    Sec.    .  NEW SECTION.  56.113  DETERMINATION OF
 12 19 CLEAN MONEY AMOUNTS.
 12 20    1.  a.  For party candidates, the amount of clean
 12 21 money funding for a contested primary election is as
 12 22 follows:
 12 23    (1)  Five hundred thousand dollars for a candidate
 12 24 team running for governor and lieutenant governor.
 12 25    (2)  Fifty thousand dollars for a candidate for
 12 26 attorney general.
 12 27    (3)  Twenty-five thousand dollars for a candidate
 12 28 for statewide office other than governor, lieutenant
 12 29 governor, or attorney general.
 12 30    (4)  Fifteen thousand dollars for a candidate
 12 31 running for the Iowa senate.
 12 32    (5)  Ten thousand dollars for a candidate running
 12 33 for the Iowa house of representatives.
 12 34    b.  The clean money amount for an eligible party
 12 35 candidate in an uncontested primary election is
 12 36 twenty-five percent of the amount provided in a
 12 37 contested primary election.
 12 38    c.  In a contested general election, if an eligible
 12 39 party candidate or all of the candidates of the
 12 40 candidate's party combined received at least twenty
 12 41 percent of the total number of votes cast for all
 12 42 candidates seeking that office in the just-held
 12 43 primary election or in the previous general election,
 12 44 the candidate shall receive the full amount of clean
 12 45 money funding for the general election, as follows:
 12 46    (1)  Two million dollars for a candidate team
 12 47 running for governor and lieutenant governor.
 12 48    (2)  One hundred thousand dollars for a candidate
 12 49 for attorney general.
 12 50    (3)  Seventy-five thousand dollars for a candidate
 13  1 for statewide office other than governor, lieutenant
 13  2 governor, or attorney general.
 13  3    (4)  Thirty-five thousand dollars for a candidate
 13  4 running for the Iowa senate.
 13  5    (5)  Twenty thousand dollars for a candidate
 13  6 running for the Iowa house of representative.
 13  7    d.  The clean money amount for an eligible party
 13  8 candidate in an uncontested general election is ten
 13  9 percent of the amount provided in a contested general
 13 10 election for the same office.
 13 11    2.  a.  For eligible independent candidates, the
 13 12 clean money amount for a primary election is twenty-
 13 13 five percent of the amount received by a party
 13 14 candidate in a contested primary election.
 13 15    b.  The clean money amount for an eligible
 13 16 independent candidate in the general election is the
 13 17 same as the full amount received by a party candidate
 13 18 in the general election.
 13 19    c.  After the first cycle of clean money elections,
 13 20 the board shall modify all clean money amounts based
 13 21 on the percentage increase in the consumer price
 13 22 index, for all urban consumers, United States city
 13 23 average, as published in the federal register by the
 13 24 United States department of labor, bureau of labor
 13 25 statistics, that reflects the percentage increase in
 13 26 the consumer price index for the twelve-month period
 13 27 ending December 31 of the previous year.
 13 28    Sec.    .  NEW SECTION.  56.114  EXPENDITURES MADE
 13 29 WITH CLEAN MONEY FUNDS.
 13 30    1.  The clean money funding received by a
 13 31 participating candidate shall be used only for the
 13 32 purpose of defraying that candidate's campaign-related
 13 33 expenses during the particular election campaign
 13 34 period for which the clean money funding was received.
 13 35    2.  Payments shall not be used for the following:
 13 36    a.  Payments that are in violation of the law.
 13 37    b.  Payments that repay any personal, family, or
 13 38 business loans, expenditures, or debts.
 13 39    Sec.    .  NEW SECTION.  56.115  DISCLOSURE OF
 13 40 EXCESS SPENDING BY NONPARTICIPATING CANDIDATES.
 13 41    1.  If a nonparticipating candidate's total
 13 42 expenditures exceed the amount of clean money funding
 13 43 allocated to the candidate's clean money opponent, the
 13 44 candidate shall declare to the board within forty-
 13 45 eight hours every excess expenditure amount that, in
 13 46 the aggregate, is more than one thousand dollars.
 13 47    2.  During the last twenty days before the end of
 13 48 the relevant campaign period, a nonparticipating
 13 49 candidate shall declare to the board each excess
 13 50 expenditure amount over five hundred dollars within
 14  1 twenty-four hours of when the expenditure is made or
 14  2 obligated to be made.
 14  3    3.  The board may make its own determination as to
 14  4 whether excess expenditures have been made by
 14  5 nonparticipating candidates.
 14  6    4.  Upon receiving an excess expenditure
 14  7 declaration, the board shall immediately release
 14  8 additional clean money funding to the opposing
 14  9 participating candidate or candidates equal to the
 14 10 excess expenditure amount the nonparticipating
 14 11 candidate has spent or intends to spend, subject to
 14 12 the limit set forth in section 56.111.
 14 13    Sec.    .  NEW SECTION.  56.116  CAMPAIGN
 14 14 ADVERTISEMENTS.
 14 15    All broadcast and print advertisements placed by
 14 16 candidates or candidate's committees shall include a
 14 17 clear written or spoken statement indicating that the
 14 18 candidate has approved of the contents of the
 14 19 advertisement.
 14 20    Sec.    .  NEW SECTION.  56.117  DISCLOSURE OF, AND
 14 21 ADDITIONAL CLEAN MONEY TO RESPOND TO, INDEPENDENT
 14 22 EXPENDITURES.
 14 23    1.  Any person or group of persons who makes or
 14 24 obligates to make an independent expenditure during a
 14 25 primary or general election campaign period which, in
 14 26 the aggregate, exceeds one thousand dollars shall
 14 27 report each expenditure within forty-eight hours to
 14 28 the board.
 14 29    2.  The report to the board shall include a
 14 30 statement, under penalty of perjury, by the person or
 14 31 persons making the independent expenditure identifying
 14 32 the candidate whom the independent expenditure is
 14 33 intended to help elect or defeat and affirming that
 14 34 the expenditure is totally independent and involves no
 14 35 cooperation or coordination with a candidate or a
 14 36 political party.
 14 37    a.  An individual or organization may file a
 14 38 complaint with the board if the candidate or the
 14 39 organization believes that the statement according to
 14 40 this subsection is false.
 14 41    b.  A hearing on a complaint under this subsection
 14 42 shall be held within three business days of filing and
 14 43 a decision issued within seven days of filing.
 14 44    3.  Any person or group of persons who makes or
 14 45 obligates to make an independent expenditure during
 14 46 the last twenty days before the end of the relevant
 14 47 campaign period which, in the aggregate, exceeds five
 14 48 hundred dollars shall report each expenditure within
 14 49 twenty-four hours to the board.
 14 50    4.  Upon receiving a report that an independent
 15  1 expenditure has been made or obligated to be made, the
 15  2 board shall immediately release additional clean money
 15  3 funding, equal in amount to the cost of the
 15  4 independent expenditure, to all participating
 15  5 candidates whom the independent expenditure is
 15  6 intended to oppose or defeat provided that the maximum
 15  7 aggregate amount of additional funding a participating
 15  8 candidate shall receive to match independent
 15  9 expenditures and the excess expenditures of
 15 10 nonparticipating candidates is no more than two
 15 11 hundred percent of the full amount of clean money
 15 12 funding allocated to a participating candidate in that
 15 13 election.
 15 14    Sec.    .  NEW SECTION.  56.118  DEFINITION AND
 15 15 DISCLOSURE OF, AND ADDITIONAL CLEAN MONEY TO RESPOND
 15 16 TO, ISSUE ADVERTISEMENTS.
 15 17    1.  A person who makes or obligates to make a
 15 18 disbursement to purchase an issue advertisement shall
 15 19 file a report with the board not later than forty-
 15 20 eight hours after making or obligating to make the
 15 21 disbursement, containing the following information:
 15 22    a.  The amount of the disbursement.
 15 23    b.  The name and address of the person making the
 15 24 disbursement.
 15 25    c.  The purpose of the issue advertisement.
 15 26    2.  Upon receiving a report that an issue
 15 27 advertisement has been made or obligated to be made,
 15 28 and upon determination that the advertisement can
 15 29 reasonably be interpreted as having the effect of
 15 30 promoting the defeat of a participating candidate or
 15 31 the election of that candidate's opponent, the board
 15 32 shall immediately release to that candidate additional
 15 33 clean money funding, equal in amount to the cost of
 15 34 the issue advertisement.
 15 35    Sec.    .  NEW SECTION.  56.119  VOTER INFORMATION
 15 36 PROGRAM.
 15 37    1.  The board shall establish and administer a
 15 38 nonpartisan voter information program, including an
 15 39 advisory council consisting of representatives of
 15 40 nonprofit organizations, political parties, the media,
 15 41 and interested citizens.
 15 42    2.  The voter information program advisory council
 15 43 shall be authorized to establish a voter information
 15 44 program for the purpose of providing voters with
 15 45 election-related information and fostering political
 15 46 dialogue and debate.
 15 47    3.  The voter information program advisory council
 15 48 shall organize the publication and distribution of a
 15 49 voter information guide that includes important
 15 50 information about the following issues:
 16  1    a.  Candidates appearing on the ballot, including
 16  2 biographical material submitted by the candidates.
 16  3    b.  Whether candidates are funding their campaigns
 16  4 with public money or private money.
 16  5    c.  Policy statements by the candidates or their
 16  6 political parties on issues designated by the council
 16  7 and other issues.
 16  8    d.  Candidates' voting records.
 16  9    Sec.    .  NEW SECTION.  56.120  BROADCAST DEBATES.
 16 10    1.  All public television and radio broadcast
 16 11 stations funded in whole or in part by the state shall
 16 12 make available free coverage for candidate debates in
 16 13 contested primary and general elections.  The minimum
 16 14 amount of time that broadcasters shall broadcast, and
 16 15 participating candidates shall participate in, shall
 16 16 be as follows:
 16 17    a.  For the office of governor and lieutenant
 16 18 governor:
 16 19    (1)  One one-hour debate during a contested primary
 16 20 election.
 16 21    (2)  Two one-hour debates during a contested
 16 22 general election.
 16 23    b.  For all other offices:
 16 24    (1)  One one-hour debate during a contested primary
 16 25 election.
 16 26    (2)  One one-hour debate during a contested general
 16 27 election.
 16 28    2.  All participating candidates shall participate
 16 29 in the debates and all nonparticipating candidates for
 16 30 the same office whose names will appear on the ballot
 16 31 must be invited to join the debates.
 16 32    Sec.    .  NEW SECTION.  56.121  BALLOT LABEL.
 16 33    The board shall inform voters as to which
 16 34 candidates have qualified for and accepted clean money
 16 35 funding by placing the following sentence below the
 16 36 name of each participating candidate on the ballot:
 16 37    THIS CANDIDATE IS PARTICIPATING IN IOWA'S VOLUNTARY
 16 38 PUBLIC-FINANCING PROGRAM.
 16 39    Sec.    .  NEW SECTION.  56.122  CLEAN MONEY FUND
 16 40 – NATURE AND PURPOSES.
 16 41    1.  A special clean money fund is established as a
 16 42 separate fund within the state treasury, under the
 16 43 control of the board, for the following purposes:
 16 44    a.  Providing public financing for the election
 16 45 campaigns of certified participating candidates during
 16 46 primary, general, and runoff campaign periods.
 16 47    b.  Paying for the administrative and enforcement
 16 48 costs of the board in relation to this subchapter.
 16 49    2.  The fund shall consist of moneys received
 16 50 according to section 56.123.  Notwithstanding section
 17  1 8.33, unencumbered or unobligated moneys and any
 17  2 interest earned on moneys in the fund on June 30 of
 17  3 any fiscal year shall not revert to the general fund
 17  4 of the state but shall remain in the fund and
 17  5 available for expenditure in subsequent years.
 17  6    Sec.    .  NEW SECTION.  56.123  FUNDING.
 17  7    1.  In addition to any moneys appropriated by the
 17  8 general assembly to the clean money fund established
 17  9 in section 56.122, the following moneys shall be
 17 10 deposited in the fund:
 17 11    a.  The qualifying contributions required of
 17 12 candidates seeking to become certified as
 17 13 participating candidates according to section 56.101
 17 14 and candidates' excess qualifying contributions.
 17 15    b.  The excess seed money contributions of
 17 16 candidates seeking to become certified as
 17 17 participating candidates as defined by section 56.108.
 17 18    c.  Moneys distributed to any participating
 17 19 candidate who does not remain a candidate until the
 17 20 primary or general election for which they were
 17 21 distributed.
 17 22    d.  Civil penalties levied by the board against
 17 23 candidates for violations of this chapter.
 17 24    e.  Voluntary donations made directly to the clean
 17 25 money fund.
 17 26    f.  Any other sources of revenue designated by the
 17 27 general assembly.
 17 28    2.  The general assembly shall appropriate
 17 29 additional funds as necessary to fully fund clean
 17 30 money payments required under this subchapter.
 17 31    Sec.    .  NEW SECTION.  56.124  POWERS AND
 17 32 PROCEDURES.
 17 33    The board shall have the following powers and
 17 34 procedures, in addition to those granted in this
 17 35 chapter and chapter 68B, when administering this
 17 36 subchapter:
 17 37    1.  After every primary and general election, the
 17 38 board may conduct random audits and investigations to
 17 39 ensure compliance with this subchapter.
 17 40    2.  The subjects of audits and investigations shall
 17 41 be selected on the basis of impartial criteria
 17 42 established by a vote of at least three members of the
 17 43 board.
 17 44    3.  The board may investigate anonymous complaints.
 17 45    4.  Complainants may receive whistle blower
 17 46 protection.
 17 47    5.  The board may seek injunctions when all of the
 17 48 following conditions are met:
 17 49    a.  There is a substantial likelihood that a
 17 50 violation of this subchapter is occurring or is about
 18  1 to occur.
 18  2    b.  The failure to act expeditiously will result in
 18  3 irreparable harm to a party affected by the potential
 18  4 violation.
 18  5    c.  Expeditious action will not cause undue harm or
 18  6 prejudice to the interests of others.
 18  7    d.  The public interest would be best served by the
 18  8 issuance of an injunction.
 18  9    6.  The board may levy civil penalties for
 18 10 violations of the law.  Civil penalties shall be
 18 11 deposited in the clean money fund.
 18 12    7.  The board shall refer criminal violations to
 18 13 the county attorney or attorney general for
 18 14 prosecution.
 18 15    8.  The board may participate fully in any actions
 18 16 filed under this section.
 18 17    9.  The board shall adopt rules pursuant to chapter
 18 18 17A as necessary to administer this subchapter,
 18 19 including a program to implement a clean money debit
 18 20 card.
 18 21    Sec.    .  NEW SECTION.  56.125  CIVIL ACTIONS.
 18 22    1.  A citizen who believes a candidate has violated
 18 23 the law may pursue a civil action in a court of
 18 24 relevant jurisdiction, provided that both of the
 18 25 following are true:
 18 26    a.  The citizen has previously filed a complaint
 18 27 regarding the same alleged violation with the board.
 18 28    b.  The board has failed to make a determination
 18 29 within thirty days of the filing of the complaint.
 18 30    2.  A party which wins a civil action charging a
 18 31 violation of this subchapter shall be entitled to
 18 32 receive reasonable attorney fees and court costs from
 18 33 the defendant.
 18 34    3.  If a court in which a civil action has been
 18 35 filed under subsection 1 finds that the complaint in
 18 36 that action was made frivolously or without cause, the
 18 37 court may require the complainant to pay the costs of
 18 38 the board, the court, and the defendant parties.
 18 39    Sec.    .  NEW SECTION.  56.126  BOARD REPORTS.
 18 40    1.  The board shall report fully to the general
 18 41 assembly after each election cycle.
 18 42    2.  The report shall include a detailed summary of
 18 43 all seed money contributions, qualifying
 18 44 contributions, and benefits received, and expenditures
 18 45 made, by all participating candidates.  The report
 18 46 shall also include a summary and evaluation of the
 18 47 board's activities and recommendations relating to the
 18 48 implementation, administration, and enforcement of
 18 49 this subchapter.
 18 50    Sec.    .  NEW SECTION.  56.127  REPAYMENTS OF
 19  1 EXCESS EXPENDITURES.
 19  2    1.  If a participating candidate spends or
 19  3 obligates to spend more than the clean money funding
 19  4 the candidate receives, and if such is determined not
 19  5 to be an amount that had or could have been expected
 19  6 to have a significant impact on the outcome of the
 19  7 election, the candidate shall repay to the clean money
 19  8 fund an amount equal to the excess.
 19  9    2.  If a participating candidate spends or
 19 10 obligates to spend more than the clean money funding
 19 11 the candidate receives, and if such is determined to
 19 12 be an amount that had or could have been expected to
 19 13 have a significant impact on the outcome of the
 19 14 election, the candidate shall repay to the clean money
 19 15 fund an amount equal to five times the value of the
 19 16 excess.
 19 17    Sec.    .  NEW SECTION.  56.128  PENALTIES.
 19 18    1.  A candidate shall not knowingly accept more
 19 19 benefits than those to which the candidate is
 19 20 entitled, spend more than the amount of clean money
 19 21 funding received, or misuse such benefits or clean
 19 22 money funding.
 19 23    2.  If a violation of subsection 1 was intentional
 19 24 and involved an amount that had or could have been
 19 25 expected to have a significant impact on the outcome
 19 26 of the election, the candidate commits an aggravated
 19 27 misdemeanor.
 19 28    3.  If it is determined that the violation of
 19 29 subsection 1 was intentional and involved an amount
 19 30 that had or could have been expected to have a
 19 31 significant impact on the outcome of the election, and
 19 32 if, in the judgment of the board, the violation is
 19 33 believed to have contributed to the violator winning
 19 34 the election, the board may recommend to the general
 19 35 assembly that the results of the election be nullified
 19 36 and a new election called.
 19 37    4.  A person shall not provide false information to
 19 38 the board or conceal or withhold information from the
 19 39 board.  A violation of this subsection is an
 19 40 aggravated misdemeanor.
 19 41    Sec.    .  SEVERABILITY.  The provisions of this
 19 42 Act are severable as provided in section 4.12.
 19 43    Sec.    .  EFFECTIVE DATE.  The sections of this
 19 44 Act which enact sections 56.6A, 56.13A, and 56.100
 19 45 through 56.128 take effect January 1, 2001.  The
 19 46 remaining sections of this Act, being deemed of
 19 47 immediate importance, take effect upon enactment."
 19 48    #4.  By renumbering as necessary.  
 19 49 
 19 50 
 20  1                               
 20  2 JOCHUM of Dubuque 
 20  3 HF 2409.703 78
 20  4 jj/cls
     

Text: H08170                            Text: H08172
Text: H08100 - H08199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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