Text: SF00469 Text: SF00471 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 1 2 SENATE FILE 470 1 3 1 4 AN ACT 1 5 RELATING TO CAMPAIGN FINANCE DISCLOSURE, INCLUDING THE 1 6 STUDY OF CAMPAIGN FINANCE DISCLOSURE AND RELATED LAWS, 1 7 BY REGULATING EXPRESS ADVOCACY OF CANDIDATES AND BALLOT 1 8 ISSUES, ESTABLISHING A COMMISSION TO STUDY CAMPAIGN 1 9 FINANCE DISCLOSURE AND RELATED LAWS, PROVIDING AND 1 10 APPLYING PENALTIES, PROVIDING AN EFFECTIVE DATE AND 1 11 FOR SEVERABILITY. 1 12 1 13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 14 1 15 Section 1. Section 56.2, Code 1999, is amended by adding 1 16 the following new subsections: 1 17 NEW SUBSECTION. 5A. "Clearly identified" means that a 1 18 communication contains an unambiguous reference to a 1 19 particular candidate or ballot issue, including but not 1 20 limited to one or more of the following: 1 21 a. Use of the name of the candidate or ballot issue. 1 22 b. Use of a photograph or drawing of the candidate, or the 1 23 use of a particular symbol associated with a specific ballot 1 24 issue. 1 25 c. Use of a candidate's initials, nickname, office, or 1 26 status as a candidate, or use of acronym, popular name, or 1 27 characterization of a ballot issue. 1 28 NEW SUBSECTION. 12A. "Express advocacy" or to "expressly 1 29 advocate" means communication that can be characterized 1 30 according to at least one of the following descriptions: 1 31 a. The communication is political speech made in the form 1 32 of a contribution. 1 33 b. In advocating the election or defeat of one or more 1 34 clearly identified candidates or the passage or defeat of one 1 35 or more clearly identified ballot issues, the communication 2 1 includes explicit words that unambiguously indicate that the 2 2 communication is recommending or supporting a particular 2 3 outcome in the election with regard to any clearly identified 2 4 candidate or ballot issue. 2 5 c. When taken as a whole and with limited reference to 2 6 external events such as the proximity to the election, the 2 7 communication could only be interpreted by a reasonable person 2 8 as supporting or recommending the election, passage, or defeat 2 9 of one or more clearly identified candidates or ballot issues 2 10 because both of the following conditions are met: 2 11 (1) The communication, as it relates to the election or 2 12 defeat of the candidate or ballot issue, is unmistakable, 2 13 unambiguous, and suggestive of only one meaning. 2 14 (2) Reasonable minds could not differ as to whether the 2 15 communication encourages action to nominate, elect, approve, 2 16 or defeat one or more clearly identified candidates or a 2 17 ballot issue or whether the communication encourages some 2 18 other kind of action. 2 19 Sec. 2. Section 56.2, subsections 16 and 17, Code 1999, 2 20 are amended to read as follows: 2 21 16. "Political committee" meansaeither of the following: 2 22 a. A committee, but not a candidate's committee,which2 23 that accepts contributions in excess of five hundred dollars 2 24 in the aggregate, makes expenditures in excess of five hundred 2 25 dollars in the aggregate, or incurs indebtedness in excess of 2 26 five hundred dollars in the aggregate in any one calendar year 2 27for the purpose of supporting or opposingto expressly 2 28 advocate the nomination, election, or defeat of a candidate 2 29 for public office, orfor the purpose of supporting or2 30opposingto expressly advocate the passage or defeat of a 2 31 ballot issue; "political committee" also means an. 2 32 b. An association, lodge, society, cooperative, union, 2 33 fraternity, sorority, educational institution, civic 2 34 organization, labor organization, religious organization, or 2 35 professional organizationwhichthat accepts contributions in 3 1 excess of five hundred dollars in the aggregate, makes 3 2 expenditures in excess of five hundred dollars in the 3 3 aggregate, or incurs indebtedness in excess of five hundred 3 4 dollars in the aggregate in any one calendar yearfor the3 5purpose of supporting or opposingto expressly advocate the 3 6 nomination, election, or defeat of a candidate for public 3 7 office, orfor the purpose of supporting or opposingto 3 8 expressly advocate the passage or defeat of a ballot issue. 3 9"Political committee" also includes a committee which accepts3 10contributions in excess of five hundred dollars in the3 11aggregate, makes expenditures in excess of five hundred3 12dollars in the aggregate, or incurs indebtedness in excess of3 13five hundred dollars in the aggregate in a calendar year to3 14cause the publication or broadcasting of material in which the3 15public policy positions or voting record of an identifiable3 16candidate is discussed and in which a reasonable person could3 17find commentary favorable or unfavorable to those public3 18policy positions or voting record.3 19 17. "Political purpose" or "political purposes" means the 3 20support or oppositionexpress advocacy of a candidate or 3 21 ballot issue. 3 22 Sec. 3. Section 56.4, unnumbered paragraphs 2 and 3, Code 3 23 1999, are amended to read as follows: 3 24 Political committeessupporting or opposingexpressly 3 25 advocating the nomination, election, or defeat of candidates 3 26 for both federal office and any elected office created by law 3 27 or the Constitution of the state of Iowa shall file statements 3 28 and reports with the board in addition to any federal reports 3 29 required to be filed with the board. However, a political 3 30 committee which is registered and filing full disclosure 3 31 reports of all financial activities with the federal election 3 32 commission may file verified statements as provided in section 3 33 56.5. 3 34 Political committeessupporting or opposingexpressly 3 35 advocating the nomination, election, or defeat of candidates 4 1 or the passage or defeat of ballot issues for statewide 4 2 elections and for county, municipal or school elections may 4 3 file all activity on one report with the board and shall send 4 4 a copy to the commissioner responsible under section 47.2 for 4 5 conducting the election. 4 6 Sec. 4. Section 56.5, subsection 2, paragraph f, Code 4 7 1999, is amended to read as follows: 4 8 f. A signed statement by the treasurer of the committee 4 9 and the candidate, in the case of a candidate's committee, 4 10 which shall verify that they are aware of the requirement to 4 11 file disclosure reports if the committee, the committee 4 12 officers, the candidate, or both the committee officers and 4 13 the candidate receive contributions in excess of five hundred 4 14 dollars in the aggregate, make expenditures in excess of five 4 15 hundred dollars in the aggregate, or incur indebtedness in 4 16 excess of five hundred dollars in the aggregate in a calendar 4 17 yearfor the purpose of supporting or opposingto expressly 4 18 advocate the nomination, election, or defeat of any candidate 4 19 for public office. In the case of political committees, 4 20 statements shall be made by the treasurer of the committee and 4 21 the chairperson. 4 22 Sec. 5. Section 56.5A, Code 1999, is amended to read as 4 23 follows: 4 24 56.5A CANDIDATE'S COMMITTEE. 4 25 1. Each candidate for state, county, city, or school 4 26 office shall organize one, and only one, candidate's committee 4 27 for a specific office sought when the candidate receives 4 28 contributions in excess of five hundred dollars in the 4 29 aggregate, makes expenditures in excess of five hundred 4 30 dollars in the aggregate, or incurs indebtedness in excess of 4 31 five hundred dollars in the aggregate in a calendar year. 4 32 2. A political committee shall not be established to 4 33support or opposeexpressly advocate the nomination, election, 4 34 or defeat of only one candidate for office, except that a 4 35 political committee may be established tosupport or oppose5 1 expressly advocate the passage or defeat of approval of a 5 2 single judge standing for retention. 5 3 Sec. 6. Section 56.6, subsection 1, paragraph d, Code 5 4 1999, is amended to read as follows: 5 5 d. Committees for municipal and school elective offices 5 6 and local ballot issues shall file their first reports five 5 7 days prior to any election in which the name of the candidate 5 8 or the local ballot issue which theysupport or oppose5 9 expressly advocate appears on the printed ballot and shall 5 10 file their next report on the first day of the month following 5 11 the final election in a calendar year in which the candidate's 5 12 name or the ballot issue appears on the ballot. A committee 5 13supporting or opposingexpressly advocating the nomination, 5 14 election, or defeat of a candidate for a municipal or school 5 15 elective office or the passage or defeat of a local ballot 5 16 issue shall also file disclosure reports on the nineteenth day 5 17 of January and October of each year in which the candidate or 5 18 ballot issue does not appear on the ballot and on the 5 19 nineteenth day of January, May, and July of each year in which 5 20 the candidate or ballot issue appears on the ballot, until the 5 21 committee dissolves. These reports shall be current to five 5 22 days prior to the filing deadline and are considered timely 5 23 filed if mailed bearing a United States postal service 5 24 postmark on or before the due date. 5 25 Sec. 7. Section 56.12A, unnumbered paragraph 1, Code 1999, 5 26 is amended to read as follows: 5 27 The state and the governing body of a county, city, or 5 28 other political subdivision of the state shall not expend or 5 29 permit the expenditure of public moneys for political 5 30 purposes, includingsupporting or opposingexpressly 5 31 advocating the passage or defeat of a ballot issue. 5 32 Sec. 8. Section 56.13, subsections 1, 2, and 3, Code 1999, 5 33 are amended to read as follows: 5 34 1. Action involving a contribution or expenditure which 5 35 must be reported under this chapter and which is taken by any 6 1 person, candidate's committee or political committee on behalf 6 2 of a candidate, if known and approved by the candidate, shall 6 3 be deemed action by the candidate and reported by the 6 4 candidate's committee. It shall be presumed that a candidate 6 5 approves the action if the candidate had knowledge of it and 6 6 failed to file a statement of disavowal with the commissioner 6 7 or board and take corrective action within seventy-two hours 6 8 of the action. A person, candidate's committee or political 6 9 committee taking such action independently of that candidate's 6 10 committee shall notify that candidate's committee in writing 6 11 within twenty-four hours of taking the action. The 6 12 notification shall provide that candidate's committee with the 6 13 cost of the promotion at fair market value. A copy of the 6 14 notification shall be sent to the board. 6 15 Any person who makes expenditures or incurs indebtedness, 6 16 other than incidental expenses incurred in performing 6 17 volunteer work,in support or oppositionto expressly advocate 6 18 the nomination, election, or defeat of a candidate for public 6 19 office shall notify the appropriate committee and provide 6 20 necessary information for disclosure reports. 6 21 2. If a person, other than a political committee, makes 6 22 one or more expenditures in excess of five hundred dollars in 6 23 the aggregate, or incurs indebtedness in excess of five 6 24 hundred dollars in the aggregate, in any one calendar yearfor6 25purposes of supporting or opposingto expressly advocate the 6 26 passage or defeat of a ballot issue, the person shall file a 6 27 statement of activity within ten days of taking the action 6 28 exceeding the threshold. The statement shall contain 6 29 information identifying the person filing the statement, 6 30 identifying the ballot issue, and indicating the position 6 31 urged by the person with regard to the ballot issue. The 6 32 person shall file reports indicating the dates on which the 6 33 expenditures or incurrence of indebtedness took place; a 6 34 description of the nature of the action taken which resulted 6 35 in the expenditures or debt; and the cost of the promotion at 7 1 fair market value. For a local ballot issue, the reports 7 2 shall be filed five days prior to any election in which the 7 3 ballot issue appears and on the first day of the month 7 4 following the election, as well as on the nineteenth day of 7 5 January, May, and July of each year in which the ballot issue 7 6 appears on the ballot and on the nineteenth day of January and 7 7 October of each year in which the ballot issue does not appear 7 8 on the ballot. For a statewide ballot issue, reports shall be 7 9 filed on the nineteenth day of January, May, and July of each 7 10 year. The reports shall be current to five days prior to the 7 11 filing deadline, and are considered timely filed if mailed 7 12 bearing a United States postal service postmark on or before 7 13 the due date. Filing obligations shall cease when the person 7 14 files a statement of discontinuation indicating that the 7 15 person's financial activityin support of or in oppositionto 7 16 expressly advocate the passage or defeat of the ballot issue 7 17 has ceased. Statements and reports shall be filed with the 7 18 commissioner responsible under section 47.2 for conducting the 7 19 election at which the issue is voted upon, except that reports 7 20 on a statewide ballot issue shall be filed with the board. 7 21 3. A person taking action involving the making of an 7 22 expenditure or incurrence of indebtednessin support or7 23oppositionto expressly advocate the passage or defeat of a 7 24 ballot issue independently of a political committee shall, 7 25 within seventy-two hours of taking the action, notify in 7 26 writing any political committee which advocates the same 7 27 position with regard to the ballot issue as the person taking 7 28 the action. The notification shall provide the political 7 29 committee with the cost of the promotion at fair market value. 7 30 A copy of the notification shall be sent to the board. It 7 31 shall be presumed that a benefited committee approves the 7 32 action if the committee fails to file a statement of disavowal 7 33 with the commissioner or board and takes corrective action 7 34 within ten days of the action. Action approved by a committee 7 35 shall be reported as a contribution by the committee. 8 1 Sec. 9. Section 56.14, subsection 1, paragraph a, Code 8 2 1999, is amended to read as follows: 8 3 1. a. A person who causes the publication or distribution 8 4 of published material designed topromote or defeatexpressly 8 5 advocate the nomination,orelection, or defeat of a candidate 8 6 for public office or the passage or defeat of a constitutional 8 7 amendment or public measure shall include conspicuously on the 8 8 published material the identity and address of the person 8 9 responsible for the material. If the person responsible is an 8 10 organization, the name of one officer of the organization 8 11 shall appear on the material. However, if the organization is 8 12 a committee which has filed a statement of organization under 8 13 this chapter, only the name of the committee is required to be 8 14 included on the published material. Published material 8 15 designed topromote or defeatexpressly advocate the 8 16 nomination,orelection, or defeat of a candidate for public 8 17 office or the passage or defeat of a constitutional amendment 8 18 or public measure which contains language or depictions which 8 19 a reasonable person would understand as asserting that an 8 20 entity which is incorporated or is a registered committee had 8 21 authored the material shall, if the entity is not incorporated 8 22 or a registered committee, include conspicuously on the 8 23 published material a statement that the apparent organization 8 24 or committee is not incorporated or a registered committee in 8 25 addition to the attribution statement required by this 8 26 section. For purposes of this section, "registered committee" 8 27 means a committee which has an active statement of 8 28 organization filed under section 56.5. 8 29 Sec. 10. Section 56.15, subsections 1, 2, and 4, Code 8 30 1999, are amended to read as follows: 8 31 1. Except as provided in subsections 3 and 4, it is 8 32 unlawful for an insurance company, savings and loan 8 33 association, bank, credit union, or corporation organized 8 34 pursuant to the laws of this state, the United States, or any 8 35 other state, territory, or foreign country, whether for profit 9 1 or not, or an officer, agent, or representative acting for 9 2 such insurance company, savings and loan association, bank, 9 3 credit union, or corporation, to contribute any money, 9 4 property, labor, or thing of value, directly or indirectly, to 9 5 a committee, orfor the purpose of influencingto expressly 9 6 advocate that the vote of an elector be used to nominate, 9 7 elect, or defeat a candidate for public office, except that 9 8 such resources may be so expended in connection with a utility 9 9 franchise election held pursuant to section 364.2, subsection 9 10 4, or a ballot issue. All such expenditures are subject to 9 11 the disclosure requirements of this chapter. 9 12 2. Except as provided in subsection 3, it is unlawful for 9 13 a member of a committee, or its employee or representative, 9 14 except a ballot issue committee, or for a candidate for office 9 15 or the representative of the candidate, to solicit, request, 9 16 or knowingly receive from an insurance company, savings and 9 17 loan association, bank, credit union, or corporation organized 9 18 pursuant to the laws of this state, the United States, or any 9 19 other state, territory, or foreign country, whether for profit 9 20 or not, or its officer, agent, or representative, any money, 9 21 property, or thing of value belonging to the insurance 9 22 company, savings and loan association, bank, or corporation 9 23 for campaign expenses, orfor the purpose of influencingto 9 24 expressly advocate that the vote of an elector be used to 9 25 nominate, elect, or defeat a candidate for public office. 9 26 This section does not restrain or abridge the freedom of the 9 27 press or prohibit the consideration and discussion in the 9 28 press of candidacies, nominations, public officers, or public 9 29 questions. 9 30 4. The restrictions imposed by this section relative to 9 31 making, soliciting or receiving contributions shall not apply 9 32 to a nonprofit corporation or organization which uses those 9 33 contributions to encourage registration of voters and 9 34 participation in the political process, or to publicize public 9 35 issues, or both, but does not use any part of those 10 1 contributions toendorse or opposeexpressly advocate the 10 2 nomination, election, or defeat of any candidate for public 10 3 office. A nonprofit corporation or organization may use 10 4 contributions solicited or received tosupport or oppose10 5 expressly advocate the passage or defeat of ballot issues but 10 6 the expenditures shall be disclosed by the nonprofit 10 7 corporation or organization in the manner provided for a 10 8 permanent organization temporarily engaged in a political 10 9 activity under section 56.6. 10 10 This section does not prohibit a family farm corporation, 10 11 as defined in section 9H.1, from placing a yard sign on 10 12 agricultural land, and does not prohibit the placement of yard 10 13 signs, with the prior written permission of the individual 10 14 property owner, on property rented or leased by a corporation 10 15 from private individuals, subject to the requirements of 10 16 section 56.14. This section also does not prohibit the 10 17 placement of a yard sign on residential property that is owned 10 18 by a corporation, but rented or leased to a private 10 19 individual, if the prior permission of the renter or lessee is 10 20 obtained. 10 21 Sec. 11. Section 56.15, Code 1999, is amended by adding 10 22 the following new subsection: 10 23 NEW SUBSECTION. 4A. For purposes of this section, 10 24 "committee" shall include statutory political committees 10 25 organized under chapter 43, and nonparty political 10 26 organizations organized under chapter 44. 10 27 Sec. 12. Section 56.22, subsection 2, Code 1999, is 10 28 amended to read as follows: 10 29 2. Funds distributed to statutory political committees 10 30 pursuant to this chapter shall not be used tosupport or10 31opposeexpressly advocate the nomination, election, or defeat 10 32 of any candidate. Nothing in this subsection shall be 10 33 construed to prohibit a statutory political committee from 10 34 using such funds to pay expenses incurred in arranging and 10 35 holding a nominating convention. 11 1 Sec. 13. CAMPAIGN FINANCE COMMISSION. A campaign finance 11 2 commission is established to study campaign finance disclosure 11 3 and related laws and to recommend reforms in these laws, 11 4 according to the following: 11 5 1. APPOINTMENT. The commission shall be composed of six 11 6 members, bipartisan and gender-balanced in accordance with 11 7 sections 69.16 and 69.16A, and appointed as follows: 11 8 a. Two members shall be the state chairs of each of the 11 9 political parties, as defined in section 43.2, or their 11 10 designees. 11 11 b. Four members shall be jointly appointed by the majority 11 12 and minority leaders of the senate and house. These members 11 13 shall be appointed from nonpartisan organizations which have 11 14 researched, studied, and advocated the issue of political 11 15 campaign finance reform for fifteen years or more, or who are 11 16 specially qualified to serve on the commission because of 11 17 training or experience. 11 18 c. The commission shall elect a chair and vice chair at 11 19 its first meetings. 11 20 2. TERMS. The members of the commission shall serve for 11 21 the life of the commission. 11 22 3. VACANCIES. A vacancy in the commission shall be filled 11 23 in the manner in which the original appointment was made. 11 24 Sec. 14. POWERS AND DUTIES OF THE COMMISSION. 11 25 1. HEARINGS. The commission may hold hearings which shall 11 26 be open and announced in advance to the public, take 11 27 testimony, and receive evidence as the commission considers 11 28 appropriate. Activities of the commission shall be held in 11 29 accordance with chapter 21. 11 30 The commission shall hold at least one hearing in each 11 31 congressional district within the state specifically to obtain 11 32 public input on the issue of campaign finance reform. 11 33 2. QUORUM. Four members of the commission shall 11 34 constitute a quorum, but a lesser number may hold hearings. 11 35 3. REPORT. Not later than December 15, 1999, the 12 1 commission shall submit to the general assembly a report of 12 2 the activities of the commission, together with a draft of 12 3 legislation recommended by the commission to reform the 12 4 campaign finance disclosure and related laws for consideration 12 5 by the general assembly in the year 2000 according to the 12 6 provisions of this Act. 12 7 4. MATTERS TO BE CONSIDERED. In holding hearings and 12 8 preparing the report required under subsection 3, the 12 9 commission shall consider all issues related to the reform of 12 10 campaign finance disclosure and related laws. The commission 12 11 may secure directly from any department or agency such 12 12 information as the commission considers necessary, and the 12 13 department or agency shall promptly furnish such information 12 14 to the commission. 12 15 5. STAFFING. Assistance shall be provided to the 12 16 commission by the central nonpartisan legislative staff 12 17 bureaus. The commission may utilize the services of the 12 18 legislative service bureau in formulating a draft of 12 19 legislation. The attorney general's office and the ethics and 12 20 campaign disclosure board shall serve as consultants, and 12 21 advise the commission as necessary. 12 22 Sec. 15. ASSIGNMENT OF LEGISLATION. The legislation 12 23 drafted by the commission shall be filed with each chamber on 12 24 the first day of the legislative session beginning in the year 12 25 2000, and immediately assigned to the committee on state 12 26 government in each chamber. 12 27 Sec. 16. TERMINATION. The commission shall cease to exist 12 28 one month after the submission of its report. 12 29 Sec. 17. EFFECTIVE DATE. This Act, being deemed of 12 30 immediate importance, takes effect upon enactment. 12 31 Sec. 18. SEVERABILITY. If any section of this Act, or any 12 32 portion of any section of this Act, is found unconstitutional 12 33 or otherwise unenforceable by a court, the remaining sections 12 34 and portions of sections shall be given effect to the fullest 12 35 extent possible. 13 1 13 2 13 3 13 4 MARY E. KRAMER 13 5 President of the Senate 13 6 13 7 13 8 13 9 BRENT SIEGRIST 13 10 Speaker of the House 13 11 13 12 I hereby certify that this bill originated in the Senate and 13 13 is known as Senate File 470, Seventy-eighth General Assembly. 13 14 13 15 13 16 13 17 MICHAEL E. MARSHALL 13 18 Secretary of the Senate 13 19 Approved , 1999 13 20 13 21 13 22 13 23 THOMAS J. VILSACK 13 24 Governor
Text: SF00469 Text: SF00471 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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