Text: HSB00579 Text: HSB00581 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 68A.402, Code Supplement 2003, is
1 2 amended by striking the section and inserting in lieu thereof
1 3 the following:
1 4 68A.402 DISCLOSURE REPORT DUE DATES – PERMANENT
1 5 ORGANIZATION TEMPORARILY ENGAGING IN POLITICAL ACTIVITY
1 6 REQUIRED TO FILE REPORTS.
1 7 1. FILING METHODS. Each committee shall file with the
1 8 board reports disclosing information required under this
1 9 section on forms prescribed by rule. Reports shall be filed
1 10 on or before the required due dates by using any of the
1 11 following methods: mail bearing a United States postal
1 12 service postmark, hand-delivery, facsimile transmission, or
1 13 electronic filing as prescribed by rule.
1 14 2. STATEWIDE OFFICE, GENERAL ASSEMBLY, AND COUNTY
1 15 ELECTIONS.
1 16 a. ELECTION YEAR. A candidate's committee of a candidate
1 17 for statewide office, the general assembly, or county office
1 18 shall file reports in an election year as follows:
1 19 Report due: Covering period:
1 20 May 19 January 1 through May 14
1 21 July 19 May 15 or Wednesday preceding
1 22 primary election through July 14
1 23 October 19 July 15 through October 14
1 24 January 19 (next calendar October 15 or Wednesday
1 25 year) preceding general election
1 26 through December 31
1 27 b. SUPPLEMENTARY REPORT – STATEWIDE AND GENERAL ASSEMBLY
1 28 ELECTIONS. A candidate's committee of a candidate for
1 29 statewide office or the general assembly shall file a
1 30 supplementary report in a year in which a primary, general, or
1 31 special election for that office is held. The supplementary
1 32 reports shall be filed if contributions are received after the
1 33 close of the period covered by the last report filed prior to
1 34 that primary, general, or special election if any of the
1 35 following applies:
2 1 (1) The committee of a candidate for governor receives ten
2 2 thousand dollars or more.
2 3 (2) The committee of a candidate for any other statewide
2 4 office receives five thousand dollars or more.
2 5 (3) The committee of a candidate for the general assembly
2 6 receives one thousand dollars or more.
2 7 The amount of any contribution causing a supplementary
2 8 report under this paragraph "b" shall include the estimated
2 9 fair market value of any in-kind contribution. The report
2 10 shall be filed by the Friday immediately preceding the
2 11 election and be current through the Tuesday immediately
2 12 preceding the election.
2 13 3. CITY OFFICES.
2 14 a. ELECTION/YEARS. A candidate's committee of a candidate
2 15 for city office shall file a report in an election year as
2 16 follows:
2 17 Report due: Covering period:
2 18 Five days before Date of initial activity
2 19 primary election through ten days
2 20 before primary election
2 21 Five days before Nine days before primary election
2 22 general election through ten days before
2 23 general election
2 24 Five days before Nine days before the general
2 25 runoff election election through ten days
2 26 (if applicable) before the runoff election
2 27 January 19 (next Cutoff date from previously
2 28 calendar year) filed report through December 31
2 29 b. NONELECTION YEARS. A candidate's committee of a
2 30 candidate for city office shall file a report in a nonelection
2 31 year as follows:
2 32 Report due: Covering period:
2 33 January 19 (next January 1 through December 31
2 34 calendar year) of nonelection year
2 35 4. SCHOOL BOARD AND OTHER POLITICAL SUBDIVISION ELECTIONS.
3 1 a. ELECTION YEAR. A candidate's committee of a candidate
3 2 for school board or any other political subdivision office,
3 3 except for county and city office, shall file a report in an
3 4 election year as follows:
3 5 Report due: Covering period:
3 6 Five days before election Date of initial activity
3 7 through ten days before election
3 8 January 19 (next Nine days before election
3 9 calendar year) through December 31.
3 10 b. NONELECTION YEAR. A candidate's committee of a
3 11 candidate for school board or any other political subdivision
3 12 office, except for county and city office, shall file a report
3 13 in a nonelection year as follows:
3 14 Report due: Covering period:
3 15 January 19 (next January 1 through December 31
3 16 calendar year) of nonelection year
3 17 5. SPECIAL ELECTIONS.
3 18 a. A candidate's committee shall file a report by the
3 19 fifth day prior to a special election that is current through
3 20 the tenth day prior to the special election.
3 21 b. SPECIAL ELECTIONS – NONELECTION YEAR. A candidate's
3 22 committee at a special election shall file a report in a
3 23 nonelection year as follows:
3 24 Report due: Covering period:
3 25 January 19 (next January 1 through December 31
3 26 calendar year) of nonelection year
3 27 6. STATUTORY POLITICAL COMMITTEES.
3 28 a. A state statutory political committee shall file a
3 29 report on the same dates as a candidate's committee is
3 30 required to file reports under subsection 2, paragraph "a" and
3 31 subsection 5, paragraph "b".
3 32 b. A county statutory political committee shall file a
3 33 report on the same dates as a candidate's committee is
3 34 required to file reports under subsection 2, paragraph "a" and
3 35 subsection 5, paragraph "b".
4 1 7. POLITICAL COMMITTEES.
4 2 a. STATEWIDE OFFICE AND GENERAL ASSEMBLY ELECTIONS. A
4 3 political committee expressly advocating the nomination,
4 4 election, or defeat of candidates for statewide office or the
4 5 general assembly shall file reports on the same dates as a
4 6 candidate's committee is required to file reports under
4 7 subsection 2, paragraph "a" and subsection 5, paragraph "b".
4 8 b. COUNTY ELECTIONS. A political committee expressly
4 9 advocating the nomination, election, or defeat of candidates
4 10 for county office shall file reports on the same dates as
4 11 candidate's committee is required to file reports under
4 12 subsection 2, paragraph "a" and subsection 5, paragraph "b".
4 13 c. CITY ELECTIONS. A political committee expressly
4 14 advocating the nomination, election, or defeat of candidates
4 15 for city office shall file reports on the same dates as
4 16 candidates for city office are required to file reports under
4 17 subsection 3.
4 18 d. SCHOOL BOARD AND OTHER POLITICAL SUBDIVISION ELECTIONS.
4 19 A political committee expressly advocating the nomination,
4 20 election, or defeat of candidates for school board or other
4 21 political subdivision office, except for county office or city
4 22 office, shall file reports on the same dates as candidates for
4 23 school board or other political subdivision office are
4 24 required to file reports under subsection 4.
4 25 8. POLITICAL COMMITTEES – BALLOT ISSUES. A political
4 26 committee expressly advocating the passage or defeat of a
4 27 ballot issue shall file reports on the same dates as
4 28 candidates for city office are required to file reports under
4 29 subsection 3.
4 30 9. PERMANENT ORGANIZATIONS. A permanent organization
4 31 temporarily engaging in activity described in section 68A.102,
4 32 subsection 18 shall organize a political committee and shall
4 33 keep the funds relating to that political activity segregated
4 34 from its operating funds. The political committee shall file
4 35 reports on the appropriate due dates as required by this
5 1 section. When the permanent organization ceases to be
5 2 involved in the political activity, the permanent organization
5 3 shall dissolve the political committee. As used in this
5 4 subsection, "permanent organization" means an organization
5 5 that is continuing, stable, and enduring, and was originally
5 6 organized for purposes other than engaging in election
5 7 activities.
5 8 10. ELECTION YEAR DEFINED. As used in this section,
5 9 "election year" means a year in which the name of the
5 10 candidate or ballot issue that is expressly advocated for or
5 11 against appears on any ballot to be voted on by the electors
5 12 of the state of Iowa. For state and county statutory
5 13 political committees, "election year" means a year in which
5 14 primary and general elections are held.
5 15 Sec. 2. NEW SECTION. 68A.402A INFORMATION DISCLOSED ON
5 16 REPORTS.
5 17 1. Each report filed under section 68A.402 shall disclose:
5 18 a. The amount of cash on hand at the beginning of the
5 19 reporting period.
5 20 b. The name and mailing address of each person who has
5 21 made one or more contributions of money to the committee when
5 22 the aggregate amount in a calendar year exceeds the amount
5 23 specified in the following schedule:
5 24 (1) For any candidate for school or other political
5 25 subdivision office: ....................................... $ 25
5 26 (2) For any candidate for city office: ................ $ 25
5 27 (3) For any candidate for county office: .............. $ 25
5 28 (4) For any candidate for the general assembly: ....... $ 25
5 29 (5) For any candidate for statewide office: ........... $ 25
5 30 (6) For any state statutory political committee: ...... $200
5 31 (7) For any county statutory political committee: ..... $ 50
5 32 (8) For any political committee: ...................... $ 25
5 33 c. The total amount of contributions made to the committee
5 34 during the reporting period and not reported under paragraph
5 35 "b".
6 1 d. The name and mailing address of each person who has
6 2 made one or more in-kind contributions to the committee when
6 3 the aggregate market value of the in-kind contributions in a
6 4 calendar year exceeds the applicable amount specified in
6 5 paragraph "b". In-kind contributions shall be designated on a
6 6 separate schedule from schedules showing contributions of
6 7 money and shall identify the nature of the contribution and
6 8 provide its estimated fair market value.
6 9 e. Each loan to any person or committee within the
6 10 calendar year if in the aggregate the amount of the loan or
6 11 loans exceeds the applicable amount specified in paragraph
6 12 "b", together with the name and mailing address of the lender
6 13 and endorsers, the date and amount of each loan received, and
6 14 the date and amount of each loan repayment. Loans received
6 15 and loan repayments shall be reported on a separate schedule.
6 16 f. The name and mailing address of each person to whom
6 17 disbursements or loan repayments have been made by the
6 18 committee from contributions during the reporting period and
6 19 the amount, purpose, and date of each disbursement except that
6 20 disbursements of less than five dollars may be shown as
6 21 miscellaneous disbursements so long as the aggregate
6 22 miscellaneous disbursements to any one person during a
6 23 calendar year do not exceed one hundred dollars.
6 24 g. Disbursements made to a consultant and disbursements
6 25 made by the consultant during the reporting period disclosing
6 26 the name and address of the recipient, amount, purpose, and
6 27 date.
6 28 h. The amount and nature of debts and obligations owed by
6 29 the committee in excess of the applicable amounts specified in
6 30 the schedule in paragraph "b". Loans made to a committee and
6 31 reported under paragraph "e" shall not be considered a debt or
6 32 obligation under this paragraph. A loan made by a committee
6 33 to any person shall be considered a disbursement.
6 34 i. If a person listed under paragraph "b", "d", "e", or
6 35 "f" as making a contribution or loan to or purchase from a
7 1 candidate's committee is related to the candidate within the
7 2 third degree of consanguinity or affinity, the existence of
7 3 that person's family relationship shall be indicated on the
7 4 report.
7 5 j. Campaign property belonging to a candidate's committee
7 6 pursuant to section 68A.304.
7 7 k. Other pertinent information required by this chapter,
7 8 by rules adopted pursuant to this chapter, or forms prescribed
7 9 by the board.
7 10 2. If a report is the first report filed by a committee,
7 11 the report shall include all information required under
7 12 subsection 1 covering the period from the beginning of the
7 13 committee's financial activity, even if from a different
7 14 calendar year, through the end of the current reporting
7 15 period. If no contributions have been accepted, no
7 16 disbursements have been made, and no indebtedness has been
7 17 incurred during that reporting period, the treasurer of the
7 18 committee shall file a disclosure statement that discloses
7 19 only the amount of cash on hand at the beginning of the
7 20 reporting period.
7 21 Sec. 3. NEW SECTION. 68A.402B COMMITTEE DISSOLUTION OR
7 22 INACTIVITY.
7 23 1. If a committee, after having filed a statement of
7 24 organization or one or more disclosure reports, dissolves or
7 25 determines that it will no longer receive contributions or
7 26 make disbursements, the committee shall notify the board
7 27 within thirty days following such dissolution or determination
7 28 by filing a dissolution report on forms prescribed by the
7 29 board.
7 30 2. a. A committee shall not dissolve until all loans,
7 31 debts, and obligations are paid, forgiven, or transferred and
7 32 the remaining moneys in the committee's account are
7 33 distributed according to sections 68A.302 and 68A.303. If a
7 34 loan is transferred or forgiven, the amount of the transferred
7 35 or forgiven loan must be reported as an in-kind contribution
8 1 and deducted from the loans payable balance on the disclosure
8 2 form. If, upon review of a committee's statement of
8 3 dissolution and final report, the board determines that the
8 4 requirements for dissolution have been satisfied, the
8 5 dissolution shall be certified and the committee relieved of
8 6 further filing requirements.
8 7 b. A statutory political committee is prohibited from
8 8 dissolving, but may be placed in an inactive status upon the
8 9 approval of the board. Inactive status may be requested for a
8 10 statutory political committee when no officers exist and the
8 11 statutory political committee has ceased to function. The
8 12 request shall be made by the previous treasurer or chairperson
8 13 of the committee and by the appropriate state statutory
8 14 political committee. A statutory political committee granted
8 15 inactive status shall not solicit or expend funds in its name
8 16 until the committee reorganizes and fulfills the requirements
8 17 of a political committee under this chapter.
8 18 Sec. 4. Section 68A.405, Code Supplement 2003, is amended
8 19 by striking the section and inserting in lieu thereof the
8 20 following:
8 21 68A.405 ATTRIBUTION STATEMENT ON PUBLISHED MATERIAL.
8 22 1. a. For purposes of this subsection:
8 23 (1) "Individual" includes a candidate for public office
8 24 who has not filed a statement of organization under section
8 25 68A.201.
8 26 (2) "Organization" includes an organization established to
8 27 advocate the passage or defeat of a ballot issue but that has
8 28 not filed a statement of organization under section 68A.201.
8 29 (3) "Published material" means any newspaper, magazine,
8 30 shopper, outdoor advertising facility, poster, direct mailing,
8 31 brochure, internet web site, campaign sign, or any other form
8 32 of printed general public political advertising.
8 33 b. Except as set out in section 2, published material
8 34 designed to expressly advocate the nomination, election, or
8 35 defeat of a candidate for public office or the passage or
9 1 defeat of a ballot issue shall include on the published
9 2 material an attribution statement disclosing who is
9 3 responsible for the published material.
9 4 c. If the person paying for the published material is an
9 5 individual, the words "paid for by" and the name and address
9 6 of the person shall appear on the material.
9 7 d. If more than one individual is responsible, the words
9 8 "paid for by", the names of the individuals, and either the
9 9 addresses of the individuals or a statement that the addresses
9 10 of the individuals are on file with the Iowa ethics and
9 11 campaign disclosure board shall appear on the material.
9 12 e. If the person responsible is an organization, the words
9 13 "paid for by", the name and address of the organization, and
9 14 the name of one officer of the organization shall appear on
9 15 the material.
9 16 f. If the person responsible is a committee that has filed
9 17 a statement of organization pursuant to section 68A.201, the
9 18 words "paid for by" and the name of the committee shall appear
9 19 on the material.
9 20 2. The requirement to include an attribution statement
9 21 does not apply to any of the following:
9 22 a. The editorials or news articles of a newspaper or
9 23 magazine that are not paid political advertisements.
9 24 b. Small items upon which the inclusion of the statement
9 25 is impracticable including, but not limited to, yard signs,
9 26 bumper stickers, pins, buttons, pens, political business
9 27 cards, and matchbooks.
9 28 c. T-shirts, caps, and other articles of clothing.
9 29 d. Any published material that is subject to federal
9 30 regulations regarding an attribution requirement.
9 31 e. Any material published by an individual, acting
9 32 independently, who spends one hundred dollars or less of the
9 33 individual's own money to advocate the passage or defeat of a
9 34 ballot issue.
9 35 3. The board shall adopt rules relating to the placing of
10 1 an attribution statement on published materials.
10 2 Sec. 5. NEW SECTION. 68A.406B CAMPAIGN SIGNS.
10 3 1. Campaign signs may be placed with the permission of the
10 4 property owner on any of the following:
10 5 a. Residential property.
10 6 b. Agricultural land owned by individuals or by a family
10 7 farm operation as defined in section 9H.1, subsections 8, 9,
10 8 and 10.
10 9 c. Property leased for residential purposes including, but
10 10 not limited to, apartments, condominiums, and houses.
10 11 d. Vacant lots owned by a private individual.
10 12 e. Property owned by an organization that is not a
10 13 prohibited contributor under section 68A.503.
10 14 f. Property leased by a candidate, committee, or an
10 15 organization established to advocate the passage or defeat of
10 16 a ballot issue that has not yet registered pursuant to section
10 17 68A.201, when the property is used as campaign headquarters or
10 18 a campaign office and the placement of the sign is limited to
10 19 the space that is actually leased.
10 20 2. Campaign signs shall not be placed on any of the
10 21 following:
10 22 a. Any property owned by the state or the governing body
10 23 of a county, city, or other political subdivision of the
10 24 state, including all property considered the public right-of-
10 25 way. Yard signs are subject to removal by highway authorities
10 26 as provided in section 319.13, or by county or city law
10 27 enforcement authorities in a manner consistent with section
10 28 319.13.
10 29 b. Property owned by a prohibited contributor under
10 30 section 68A.503 unless the sign advocates the passage or
10 31 defeat of a ballot issue or is exempted under section 1.
10 32 c. On any property without the permission of the property
10 33 owner.
10 34 d. On election day either on the premises of any polling
10 35 place or within three hundred feet of any outside door of any
11 1 building affording access to any room where the polls are
11 2 held, or of any outside door of any building affording access
11 3 to any hallway, corridor, stairway, or other means of reaching
11 4 the room where the polls are held.
11 5 This subsection shall not apply to the posting of signs on
11 6 private property not a polling place, except that the
11 7 placement of a sign on a motor vehicle, trailer, or
11 8 semitrailer, or any attachment to a motor vehicle, trailer, or
11 9 semitrailer parked on public property within three hundred
11 10 feet of a polling place, which sign is more than ninety square
11 11 inches in size, is prohibited.
11 12 3. Yard signs with dimensions of thirty-two square feet or
11 13 less are exempt from the attribution statement requirement in
11 14 section 68A.405. Campaign signs in excess of thirty-two
11 15 square feet, or signs that are affixed to buildings or
11 16 vehicles regardless of size except for bumper stickers, are
11 17 required to include the attribution statement required by
11 18 section 68A.405. The placement or erection of yard signs
11 19 shall be exempt from the requirements of chapter 480 relating
11 20 to underground facilities organization.
11 21 Sec. 6. Section 68A.503, subsection 4, unnumbered
11 22 paragraph 2, Code Supplement 2003, is amended by striking the
11 23 unnumbered paragraph.
11 24 EXPLANATION
11 25 Current law sets out the filing deadlines for candidate's
11 26 and political committee reports in narrative form in the
11 27 campaign finance law. This bill provides that information in
11 28 chart form. Separate provisions are made for statewide,
11 29 legislative, and local committees. The actual time periods
11 30 covered by the reports is specified.
11 31 A general deadline for reporting in special elections is
11 32 added; the report must be filed five days before the election,
11 33 current through the tenth day prior to the election. The
11 34 current provision applies only to special elections in
11 35 legislative elections and requires the report to be filed 14
12 1 days before the election. The current requirements for filing
12 2 reports in special elections apply only to candidates for
12 3 statewide office, the general assembly, or a county office.
12 4 The bill expands the reporting requirements to all special
12 5 elections.
12 6 Current requirements relating to the contents of
12 7 candidate's and political committee reports are expanded and
12 8 moved to a new Code section.
12 9 The bill also adds a new Code section relating to committee
12 10 dissolutions.
12 11 A current Code section relating to political material and
12 12 yard signs is divided into two Code sections, one specifically
12 13 relating to attribution statements on political material and
12 14 one relating specifically to placement of campaign signs.
12 15 LSB 5300DP 80
12 16 jr/sh/8
Text: HSB00579 Text: HSB00581 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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