House Journal: Page 1822: Wednesday, April 28, 1999

	Larkin of Lee offered the following amendment H?1847 filed by 

Larkin, Jochum of Dubuque, Taylor of Linn, and Witt of Black Hawk 
and moved its adoption:
H-1847
 1     Amend Senate File 470, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  By striking everything after the enacting
 4   clause and inserting the following:
 5     "Section 1.  Section 56.2, Code 1999, is amended by
 6   adding the following new subsections:
 7     NEW SUBSECTION.  5A.  "Clearly identified" means
 8   that a communication contains an unambiguous reference
 9   to a particular candidate or ballot issue, including
10   but not limited to one or more of the following:
11     a.  Use of the name of the candidate or ballot
12   issue.
13     b.  Use of a photograph or drawing of the
14   candidate, or the use of a particular symbol
15   associated with a specific ballot issue.
16     c.  Use of a candidate's initials, nickname,
17   office, or status as a candidate, or use of acronym,
18   popular name, or characterization of a ballot issue.
19     NEW SUBSECTION.  12A.  "Express advocacy" or to
20   "expressly advocate" means communication that can be
21   characterized according to at least one of the
22   following descriptions:
23     a.  The communication is political speech made in
24   the form of a contribution.
25     b.  In advocating the election or defeat of one or
26   more clearly identified candidates or the passage or
27   defeat of one or more clearly identified ballot
28   issues, the communication includes explicit words that
29   unambiguously indicate that the communication is
30   recommending or supporting a particular outcome in the
31   election with regard to any clearly identified
32   candidate or ballot issue.
33     c.  When taken as a whole and with limited
34   reference to external events such as the proximity to
35   the election, the communication could only be
36   interpreted by a reasonable person as supporting or
37   recommending the election, passage, or defeat of one
38   or more clearly identified candidates or ballot issues
39   because both of the following conditions are met:
40     (1)  The communication, as it relates to the
41   election or defeat of the candidate or ballot issue,
42   is unmistakable, unambiguous, and suggestive of only
43   one meaning.
44     (2)  Reasonable minds could not differ as to
45   whether the communication encourages action to

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