Text: HSB00669 Text: HSB00671 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 56.2, Code Supplement 1999, is amended
1 2 by adding the following new subsections:
1 3 NEW SUBSECTION. 13A. "Electronic filing" means data in a
1 4 form that is readable by a computer, including its software
1 5 programs, and transmitted via computer disk, modem, or the
1 6 internet.
1 7 NEW SUBSECTION. 15A. "Internet" means the federated
1 8 system of allied computer networks linked by telecommunication
1 9 channels that is the international network that connects
1 10 educational, scientific, and commercial institutions, and that
1 11 may also be accessed by individuals.
1 12 Sec. 2. NEW SECTION. 56.4A FALSE MATERIAL STATEMENTS.
1 13 A person shall not knowingly or willfully make a false
1 14 material statement in any report, form, or statement filed
1 15 with the board, or with a county commissioner of elections.
1 16 Sec. 3. Section 56.6, subsection 1, paragraph b, Code
1 17 Supplement 1999, is amended by striking the paragraph.
1 18 Sec. 4. Section 56.6, subsection 1, Code Supplement 1999,
1 19 is amended by adding the following new paragraph:
1 20 NEW PARAGRAPH. f. A candidate's committee of a candidate
1 21 for statewide office or the general assembly shall file daily
1 22 reports electronically as follows in a year in which a
1 23 primary, general, or special election for that office is held:
1 24 (1) From May 16 through general election day.
1 25 (2) From October 16 through primary election day.
1 26 (3) During the thirty days prior to and including any
1 27 special election day.
1 28 Sec. 5. NEW SECTION. 56.14A DISCLOSURES RELATED TO
1 29 POLITICAL TELEPHONE CALLS.
1 30 1. The general assembly finds that political telephone
1 31 communication is increasingly used in political campaigns in
1 32 this state in a deceptive manner, including but not limited to
1 33 the use of the push-polling technique, where an anonymous
1 34 telephone communication is designed to appear as a legitimate
1 35 opinion poll, but is in fact used as a vehicle to sway opinion
2 1 through innuendo, by the communication of certain negative
2 2 information related to a candidate or ballot issue in a manner
2 3 designed to suggest that such information may be true. The
2 4 general assembly declares that a compelling public interest
2 5 exists to identify the source of funding of telephonic
2 6 communications related to elections, in order to prevent
2 7 corruption and deceit at the expense of the electorate and to
2 8 preserve accountability for expenses made in connection with
2 9 political campaigns.
2 10 2. A person who engages in a telephone communication
2 11 related to the nomination, election, or defeat of a clearly
2 12 identified candidate for public office or the passage or
2 13 defeat of a clearly identified constitutional amendment or
2 14 public measure, shall disclose all of the following at or
2 15 before the end of the telephone call:
2 16 a. The name of the individual who is calling and the
2 17 entity with which the individual is affiliated, if any.
2 18 b. The individual or entity that paid for the telephone
2 19 communication, if any. If a registered committee has paid for
2 20 or authorized the telephone communication, the name of the
2 21 committee shall be disclosed. If any person other than the
2 22 candidate or candidate's committee intended to benefit from
2 23 the communication has paid for the telephone communication,
2 24 the communication shall also state whether or not the
2 25 communication has been authorized by the candidate intended to
2 26 benefit from the communication.
2 27 c. The name, telephone number, and address of an
2 28 individual whom the call recipient can contact for further
2 29 information regarding the telephone communication.
2 30 3. This section shall not apply to political telephone
2 31 communications made by an individual who is acting
2 32 independently and not at the direction of or in cooperation
2 33 with any candidate, candidate's committee, political
2 34 committee, or other person.
2 35 Sec. 6. NEW SECTION. 56.14B POLITICAL ADVERTISEMENTS –
3 1 DOCUMENTATION AND AFFIDAVITS – MEDIA REPORTS – FALSE
3 2 ADVERTISEMENTS – PENALTIES FOR FALSE STATEMENTS.
3 3 1. Candidates, candidate's committees, and political
3 4 committees that purchase space or time for advertisement in
3 5 any print or electronic media that expressly advocates the
3 6 nomination, election, or defeat of a clearly identified
3 7 candidate for office, or expressly advocates the passage or
3 8 defeat of a clearly identified constitutional amendment or
3 9 ballot issue, shall file the following information with the
3 10 print or electronic media publisher of the advertisement prior
3 11 to the publication of such advertisement:
3 12 a. A copy of the advertisement.
3 13 b. Factual documentation supporting any facts claimed in
3 14 the advertisement, including any related voting records and
3 15 legislation text.
3 16 c. An affidavit, signed by the candidate, subject to the
3 17 penalties of this section, that the substance of the
3 18 advertisement is true.
3 19 2. Copies of documents filed with the print or electronic
3 20 media publisher under subsection 1 shall be filed with the
3 21 board within twenty-four hours after the advertisement's first
3 22 appearance in the print or electronic media, by hand-delivery
3 23 or overnight delivery service. If the same advertisement in
3 24 the same print or electronic format appears in more than one
3 25 medium, only one set of copies pursuant to subsection 1 shall
3 26 be filed with the board along with a list of media publishers
3 27 of the advertisement.
3 28 3. a. Publishers in print and electronic media shall
3 29 record all purchases of print space and electronic media time
3 30 or space related to advertisements covered by this section,
3 31 and shall file monthly reports of activity covered by this
3 32 section with the board, due at the board's office, or
3 33 postmarked by the fifth day of each month following any month
3 34 in which applicable media space or time has been purchased.
3 35 b. The reports shall contain a detailed listing of at
4 1 least the following information:
4 2 (1) Identification of the persons buying the media space
4 3 or time.
4 4 (2) Identification of the candidate or ballot issue that
4 5 is clearly identified in the advertisement.
4 6 (3) Description of the position advocated by the persons
4 7 with regard to the clearly identified candidate or ballot
4 8 issue.
4 9 (4) The dates on which the purchase took place and the
4 10 dates for which the media space or time was purchased.
4 11 (5) The cost of the media space or time.
4 12 4. An advertisement under this section shall be deemed to
4 13 be false when the advertisement is found to have the tendency
4 14 or capacity to mislead a substantial number of members of the
4 15 public as to a material fact or facts. A false advertisement
4 16 is punishable as perjury according to section 720.2.
4 17 5. a. When an advertisement is alleged to be a false
4 18 advertisement under this section, a hearing before the board
4 19 shall be commenced within three days of the written filing of
4 20 the allegation, unless the county attorney in any county where
4 21 the advertisement was published files criminal charges prior
4 22 to that time.
4 23 b. If a hearing results in a determination that the
4 24 advertisement is false, the matter shall be immediately
4 25 referred for criminal prosecution to the county attorney in
4 26 any county where the advertisement was published, or to the
4 27 attorney general, according to the circumstances of the case.
4 28 c. Once criminal proceedings are initiated, the matter
4 29 shall take precedence on the court docket, and judgment shall
4 30 be made in the matter no more than sixty days from the filing
4 31 of the criminal complaint. The judge shall also address the
4 32 impact of the judgment, if any, upon the defendant's ability
4 33 to hold office, and shall issue an appropriate order.
4 34 Sec. 7. NEW SECTION. 56.50 DEFINITIONS.
4 35 As used in this division:
5 1 1. "Candidate team" means the candidates for governor and
5 2 lieutenant governor running together on behalf of the same
5 3 party.
5 4 2. "Qualifying amount" means the funding that must be
5 5 raised by the candidate team in order to qualify for public
5 6 funding under section 56.52.
5 7 Sec. 8. NEW SECTION. 56.51 VOLUNTARY LIMITS ON CAMPAIGN
5 8 EXPENDITURES.
5 9 1. A candidate team for governor and lieutenant governor
5 10 may voluntarily agree to limit the candidate team's
5 11 expenditures in a campaign at any time after the primary
5 12 election.
5 13 2. The expenditure limitation shall be equal to two
5 14 dollars per registered voter for the general election, as
5 15 determined by the total number of registered voters as of June
5 16 30 of the calendar year of the general election for governor
5 17 and lieutenant governor.
5 18 3. A candidate team voluntarily agreeing to limit
5 19 expenditure shall do so by means of a signed agreement, filed
5 20 with the board, that states the conditions of the agreement.
5 21 4. A candidate team that violates the expenditure limit
5 22 shall repay to the state any public funding received under
5 23 section 56.52.
5 24 5. The board shall create and distribute a form of
5 25 agreement that complies with this division.
5 26 Sec. 9. NEW SECTION. 56.52 PUBLIC FUNDING.
5 27 1. A candidate team that completes a signed agreement to
5 28 voluntarily limit the candidate team's expenditures under
5 29 section 56.51 shall be eligible for public funding if all of
5 30 the following are satisfied:
5 31 a. If the political party of the candidate team received
5 32 at least fifteen percent of the vote in the previous general
5 33 election for governor and lieutenant governor.
5 34 b. If the candidate team raises monetary contributions
5 35 equal to one-fourth of the number of registered voters, as
6 1 determined by the total number of registered voters as of June
6 2 30 of the calendar year of the general election for governor
6 3 and lieutenant governor, with a maximum credit toward the
6 4 qualifying amount of two hundred fifty dollars per individual
6 5 donation.
6 6 2. A candidate team that satisfies the conditions in
6 7 subsection 1 shall be eligible for one dollar per registered
6 8 voter, as determined in subsection 1, in public funding after
6 9 June 30 of the calendar year of the general election for
6 10 governor and lieutenant governor.
6 11 3. All monetary contributions raised by the candidate
6 12 team, including that raised prior to the primary, counts
6 13 toward the qualifying amount.
6 14 4. The source for the public funding under this section
6 15 shall be the fund created in section 56.53.
6 16 Sec. 10. NEW SECTION. 56.53 PUBLIC CAMPAIGN FUND.
6 17 1. A public campaign fund is created in the state treasury
6 18 under the control of the ethics and campaign disclosure board.
6 19 The treasurer of state shall manage the fund.
6 20 2. The fund shall be derived from interest earned on state
6 21 investments on moneys that is credited to the general fund of
6 22 the state pursuant to section 12C.7, not including specific
6 23 funds for which investments are otherwise provided by law,
6 24 constitutional funds, or funds that are legally diverted to
6 25 the state sinking fund for public deposits; and other moneys
6 26 appropriated to the fund by the general assembly. Deposits to
6 27 the fund, from the interest earned each fiscal year on state
6 28 investments, shall be made annually after June 30, in an
6 29 amount equal to fifty cents per registered voter, according to
6 30 the number of registered voters on June 30 of that year.
6 31 However, in the calendar year of the general election for
6 32 governor and lieutenant governor, the deposit may be increased
6 33 as necessary so that the fund has a minimum total amount of
6 34 two dollars per registered voter, according to the number of
6 35 registered voters on June 30 of that calendar year of the
7 1 general election for governor and lieutenant governor.
7 2 3. Moneys in the fund are subject to an annual audit by
7 3 the auditor of state. The fund is subject to warrants written
7 4 by the director of revenue and finance drawn upon the written
7 5 requisition of the board.
7 6 4. The fund shall be used to provide public funding for
7 7 candidates as provided in this division.
7 8 5. The board may adopt rules pursuant to chapter 17A to
7 9 administer this section.
7 10 6. Section 8.33 shall not apply to moneys in the fund.
7 11 Notwithstanding section 12C.7, subsection 2, interest or
7 12 earnings on moneys deposited in the fund shall be credited to
7 13 the fund.
7 14 Sec. 11. APPROPRIATION. There is appropriated from the
7 15 general fund of the state to the ethics and campaign
7 16 disclosure board for the fiscal year beginning July 1, 2000,
7 17 and ending June 30, 2001, the following amounts, or so much
7 18 thereof as are necessary, to be used for the purposes
7 19 designated:
7 20 For internet access to the Iowa hub ............. $ 7,200
7 21 For the filing of disclosure reports
7 22 via the internet.................................... $ 3,000
7 23 For training of candidates and political
7 24 committees in the use of electronic disclosure
7 25 filing software..................................... $ 4,500
7 26 For the creation of electronic disclosure
7 27 filing software in a MacIntosh-compatible format.... $ 12,000
7 28 Sec. 12. APPLICABILITY. Sections 7 through 10 of this
7 29 Act, enacting sections 56.50 through 56.53, shall apply
7 30 beginning with the 2002 election for the offices of governor
7 31 and lieutenant governor.
7 32 EXPLANATION
7 33 This bill amends certain provisions of Code chapter 56
7 34 relating to campaign finance law.
7 35 The bill adds definitions for "electronic filing" and
8 1 "internet" to Code section 56.2.
8 2 New Code section 56.4A provides that a person shall not
8 3 knowingly and willfully make a false material statement in a
8 4 campaign report or form. Violations of this provision are
8 5 punishable as a serious misdemeanor under Code section 56.16.
8 6 A serious misdemeanor is punishable by confinement for no more
8 7 than one year and a fine of at least $250 but not more than
8 8 $1,500.
8 9 The bill deletes the supplemental reporting requirement for
8 10 statewide and general assembly office candidates under Code
8 11 section 56.6, and instead requires daily electronic filing by
8 12 such candidates for certain periods of time prior to a
8 13 primary, general, or special election.
8 14 New Code section 56.14A requires the disclosure of certain
8 15 information at the end of political telephone calls that
8 16 relate to the nomination, election, or defeat of a candidate
8 17 or passage or defeat of a ballot issue. The name and
8 18 affiliation of the caller, the individual, committee, or
8 19 entity that paid for the telephone call, whether a candidate
8 20 who will benefit from the call has authorized the call, and
8 21 the name, address, and telephone number of an individual whom
8 22 the person can contact for further information regarding the
8 23 call must be disclosed. The requirements do not apply to
8 24 individuals acting independently. Violations of this
8 25 provision are punishable under Code section 56.16 as a serious
8 26 misdemeanor, which carries a penalty of a fine of $250 to
8 27 $1,500, and may also include a sentence of up to one year in
8 28 jail.
8 29 New Code section 56.14B requires candidates and political
8 30 committees that purchase advertisements that expressly
8 31 advocate the nomination, election, or defeat of a clearly
8 32 identified candidate or the passage or defeat of a clearly
8 33 identified constitutional amendment or ballot issue to file
8 34 with media publishers broadcasting or printing the
8 35 advertisement, a copy of the advertisement, supporting factual
9 1 documentation, and an affidavit attesting to the truth of the
9 2 advertisement. Copies must be filed with the board within 24
9 3 hours of the advertisement's first appearance, either by hand-
9 4 delivery or overnight delivery. Media publishers are required
9 5 to submit to the board monthly reports of media time or space
9 6 purchased for advertisements containing express advocacy.
9 7 "False advertisement" under new Code section 56.14B is
9 8 defined as an advertisement having the tendency or capacity to
9 9 mislead a substantial number of members of the public as to a
9 10 material fact or facts. False advertisements are punishable
9 11 according to the penalty for perjury under Code section 720.2,
9 12 which is a class "D" felony. A class "D" felony is punishable
9 13 by confinement for no more than five years and a fine of at
9 14 least $750 but not more than $7,500. Expedited administrative
9 15 and criminal procedures are established for an allegation of a
9 16 false advertisement.
9 17 A new division of Code chapter 56 is created for the public
9 18 funding of campaigns by candidate teams for governor and
9 19 lieutenant governor. Candidate teams can qualify for public
9 20 funding equal to $1 per registered voter if they execute an
9 21 agreement voluntarily limiting expenditures to no more than $2
9 22 per registered voter, are running on behalf of a party that
9 23 received at least 15 percent of the vote in the last general
9 24 election, and raise a qualifying amount of funds equal to one-
9 25 fourth of the number of registered voters, according to
9 26 specific calculations. The funding would be available after
9 27 June 30 of a general election year, and would be derived from
9 28 the interest earned on state investments. The public funding
9 29 would apply beginning with the 2002 election for governor and
9 30 lieutenant governor.
9 31 A $26,700 appropriation to the ethics and campaign
9 32 disclosure board is made for fiscal year 2000-2001, for
9 33 certain purposes related to implementation of electronic
9 34 filing.
9 35 LSB 5507XL 78
10 1 jj/cf/24.2
Text: HSB00669 Text: HSB00671 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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