Text: S03547 Text: S03549 Text: S03500 - S03599 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 692, as amended, passed, and
1 2 reprinted by the House as follows:
1 3 #1. By striking everything after the enacting
1 4 clause and inserting the following:
1 5 "Section 1. NEW SECTION. 56.14A DISCLOSURES
1 6 RELATED TO POLITICAL TELEPHONE CALLS.
1 7 For the purposes of this section, unless the
1 8 context otherwise requires:
1 9 a. "Legitimate poll" means a telephone call
1 10 conducted by a polling firm for the purpose of a
1 11 scientific poll of respondents concerning public
1 12 opinion concerning a candidate, elected public
1 13 official, or ballot issue that is part of a series of
1 14 like telephone calls that utilizes a scientific
1 15 sampling technique to produce a random sample of
1 16 interviewees.
1 17 b. "Political telemarketing" means the canvassing
1 18 of persons under the guise of performing a poll or
1 19 survey, with the purpose of encouraging support of, or
1 20 opposition to, a clearly identified candidate for
1 21 political office or the passage or defeat of a clearly
1 22 identified ballot issue.
1 23 2. The general assembly finds that political
1 24 telephone communication is increasingly used in
1 25 political campaigns in this state in a deceptive
1 26 manner, including but not limited to the use of
1 27 political telemarketing, also known as push-polling,
1 28 in which an anonymous telephone communication is
1 29 designed to appear as a legitimate poll, but is in
1 30 fact used as a vehicle to sway opinion through
1 31 innuendo, by the communication of certain negative
1 32 information related to a candidate or ballot issue in
1 33 a manner designed to suggest that such information may
1 34 be true. The general assembly declares that a
1 35 compelling public interest exists to identify the
1 36 source of funding of telephonic communications related
1 37 to elections, in order to prevent corruption and
1 38 deceit at the expense of the electorate and to
1 39 preserve accountability for expenditures made in
1 40 connection with political campaigns.
1 41 3. A candidate, or the authorized representative
1 42 of a candidate or the candidate's committee, who
1 43 engages either in a telephone communication for the
1 44 purpose of soliciting contributions or engages in
1 45 political telemarketing shall disclose all of the
1 46 following by the end of the telephone call:
1 47 a. The identity of the individual who is calling
1 48 and the entity with which the individual is
1 49 affiliated, if any.
1 50 b. The individual or entity that paid for the
2 1 telephone communication. If a committee has paid for
2 2 or authorized the telephone communication, the name of
2 3 the committee shall be disclosed. If any person other
2 4 than the candidate or candidate's committee has paid
2 5 for the telephone communication, the communication
2 6 shall also state whether or not the communication has
2 7 been authorized by the candidate intended to benefit
2 8 from the communication.
2 9 c. The name, telephone number, and address of an
2 10 individual whom the call recipient can contact for
2 11 further information regarding the telephone
2 12 communication.
2 13 4. An individual who, on behalf of, at the
2 14 direction of, or in cooperation with a political
2 15 committee, state statutory political committee, or
2 16 county statutory political committee engages either in
2 17 a telephone communication for the purpose of
2 18 soliciting contributions or engages in political
2 19 telemarketing shall disclose all of the following by
2 20 the end of the telephone call:
2 21 a. The identity of the individual who is calling
2 22 and the entity with which the individual is
2 23 affiliated, if any.
2 24 b. The individual or entity that paid for the
2 25 telephone communication. If a committee has paid for
2 26 or authorized the telephone communication, the name of
2 27 the committee shall be disclosed. If any person other
2 28 than the candidate or candidate's committee has paid
2 29 for the telephone communication, the communication
2 30 shall also state whether or not the communication has
2 31 been authorized by the candidate intended to benefit
2 32 from the communication.
2 33 c. The name, telephone number, and address of an
2 34 individual whom the call recipient can contact for
2 35 further information regarding the telephone
2 36 communication.
2 37 5. An individual who, on behalf of, at the
2 38 direction of, or in cooperation with any person other
2 39 than a candidate's committee, political committee,
2 40 state statutory political committee, or county
2 41 statutory political committee, engages either in a
2 42 telephone communication for the purpose of soliciting
2 43 contributions or engages in political telemarketing
2 44 shall disclose all of the following by the end of the
2 45 telephone call:
2 46 a. The identity of the individual who is calling
2 47 and the entity with which the individual is
2 48 affiliated, if any.
2 49 b. The individual or entity that paid for the
2 50 telephone communication. If a committee has paid for
3 1 or authorized the telephone communication, the name of
3 2 the committee shall be disclosed. If any person other
3 3 than the candidate or candidate's committee has paid
3 4 for the telephone communication, the communication
3 5 shall also state whether or not the communication has
3 6 been authorized by the candidate intended to benefit
3 7 from the communication.
3 8 c. The name, telephone number, and address of an
3 9 individual whom the call recipient can contact for
3 10 further information regarding the telephone
3 11 communication.
3 12 6. Any person engaging in political telemarketing
3 13 shall submit to the board at least twenty-four hours
3 14 prior to commencing the initial phone call the
3 15 following:
3 16 a. A copy of the political telemarketing script to
3 17 be used by the political telemarketers during the
3 18 political telemarketing telephone calls.
3 19 b. Information that is required to be disclosed
3 20 under this section to persons receiving calls.
3 21 7. The board shall adopt rules pursuant to chapter
3 22 17A establishing procedures to administer this
3 23 section.
3 24 Sec. 2. NEW SECTION. 56.14B PUBLICATION OF
3 25 CERTAIN FALSE STATEMENTS OF FACT CONCERNING CANDIDATE
3 26 PROHIBITED.
3 27 1. It is the intent of the general assembly that
3 28 campaigns for public office not be impeded by the
3 29 publication of false statements and that members of
3 30 the public have trust and confidence in the electoral
3 31 process. The general assembly finds that the
3 32 increasing use of false statements of fact aimed at
3 33 candidates for public office impedes campaigns and
3 34 diminishes the trust and confidence of the public in
3 35 the electoral process. It is not the intent of the
3 36 general assembly to lessen political debate that
3 37 furthers the ability of the public to understand the
3 38 issues and positions of candidates for public office.
3 39 Rather, it is the intent of the general assembly to
3 40 prohibit the use of false statements of fact that
3 41 impede campaigns and diminish the public's trust and
3 42 confidence in the electoral process. The general
3 43 assembly declares that a compelling state interest
3 44 exists in prohibiting the use of false statements of
3 45 fact that impede campaigns for public office in Iowa
3 46 and diminish the public's trust and confidence in the
3 47 electoral process.
3 48 2. A person shall not, with actual malice, cause
3 49 to be published a false statement of fact concerning a
3 50 candidate for public office involving any of the
4 1 following:
4 2 a. The education or training of the candidate.
4 3 b. The current profession or occupation of the
4 4 candidate or any former profession or occupation of
4 5 the candidate.
4 6 c. Whether the candidate committed, was indicted
4 7 for committing, or was convicted of committing a crime
4 8 punishable by law.
4 9 d. Whether the candidate was subject to discipline
4 10 or sanction by any body of the federal government,
4 11 state government, or political subdivision of the
4 12 state.
4 13 e. Whether the candidate has received treatment
4 14 for a mental illness.
4 15 f. Whether another person endorses or opposes the
4 16 candidate.
4 17 g. The record of voting of a candidate if the
4 18 candidate serves or formerly served in an elected
4 19 office.
4 20 3. Any candidate for public office who alleges
4 21 that a false statement of fact concerning the
4 22 candidate has been published in violation of this
4 23 section may file a complaint or information to the
4 24 board for possible board-initiated investigation.
4 25 4. If the board determines that a violation did
4 26 occur, the board may impose any of the recommended
4 27 actions under section 68B.32D, except the board shall
4 28 not refer any complaint or supporting information of a
4 29 violation of this section to the attorney general or
4 30 any county attorney for prosecution.
4 31 5. The board shall give priority to any complaint
4 32 or information for possible board-initiated
4 33 investigation filed under this section over all other
4 34 matters pending with the board.
4 35 6. As used in this section:
4 36 a. "Actual malice" means knowledge of the falsity
4 37 of a statement or reckless disregard for whether a
4 38 statement is true or false.
4 39 b. "Public office" means any state, county, city,
4 40 school, or other office of a political subdivision of
4 41 the state filled by election.
4 42 c. "Publish" means the act of printing, posting,
4 43 broadcasting, mailing, speaking, or otherwise
4 44 disseminating.
4 45 7. This section shall not preclude the filing of a
4 46 civil action based on the same facts or event giving
4 47 rise to a complaint filed with the board under this
4 48 section.
4 49 8. Section 56.16, which applies criminal penalties
4 50 for violations of chapter 56, shall not apply to
5 1 violations of this section.
5 2 Sec. 3. NEW SECTION. 56.14C STATEMENT OF FAIR
5 3 CAMPAIGN PRACTICES FOR STATE OFFICES.
5 4 The board shall prepare a statement of fair
5 5 campaign practices to assist candidates in the proper
5 6 conduct of political campaigns in accordance with this
5 7 chapter. A copy of the statement shall be mailed to
5 8 any incumbent state officeholder running for
5 9 reelection to that office and to any other individual
5 10 running for elected state office that has filed a
5 11 statement of organization for that office pursuant to
5 12 section 56.5. Any individual running for elected
5 13 office for county, city, school, or other political
5 14 subdivision may request a copy of the statement.
5 15 Candidates choosing to abide by the statement shall
5 16 sign and return the statement to the board.
5 17 Compliance with the provisions of the statement shall
5 18 be voluntary on the part of any candidate choosing to
5 19 sign and return the statement to the board. The
5 20 statement prepared by the board shall be adopted by
5 21 rule pursuant to chapter 17A.
5 22 Sec. 4. SEVERABILITY. If any section of this Act,
5 23 or any portion of any section of this Act, or the
5 24 application of the Act to any person or circumstance
5 25 is found unconstitutional, invalid, or otherwise
5 26 unenforceable by a court, the remaining sections or
5 27 portions of sections shall be given effect to the
5 28 fullest extent possible."
5 29 #2. By renumbering, relettering, redesignating,
5 30 and correcting internal references as necessary.
5 31
5 32
5 33
5 34 ANDY McKEAN
5 35
5 36
5 37
5 38 JOHN P. KIBBIE
5 39 HF 692.5
5 40 jj/cc/26
Text: S03547 Text: S03549 Text: S03500 - S03599 Text: S Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
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