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PAG LIN 1 1 Section 1. Section 43.2, unnumbered paragraph 1, Code 1 2 2003, is amended to read as follows: 1 3 The term "political party"shall meanmeans a party which, 1 4 at the last preceding general election at which votes were 1 5 cast for the office of governor, cast for its candidatefor1 6president of the United States orfor governor, as the case1 7may be,at leasttwofive percent of the total vote cast for 1 8 all candidates for that office at that election. It shall be 1 9 the responsibility of the state commissioner to determine 1 10 whether any organization claiming to be a political party 1 11 qualifies as such under the foregoing definition. 1 12 Sec. 2. Section 43.2, Code 2003, is amended by adding the 1 13 following new unnumbered paragraph after unnumbered paragraph 1 14 1: 1 15 NEW UNNUMBERED PARAGRAPH. The term "minor political party" 1 16 means a party which is not a political party as defined in 1 17 this section and which, at the last preceding general election 1 18 at which votes were cast for the office of governor, cast for 1 19 its candidates for member of the house of representatives at 1 20 least one-half of one percent of the total vote cast for all 1 21 candidates for member of the house of representatives in all 1 22 districts at that election. However, the votes cast for any 1 23 one candidate shall not account for more than twenty percent 1 24 of the number needed to equal one-half of one percent. It 1 25 shall be the responsibility of the state commissioner to 1 26 determine whether any organization claiming to be a minor 1 27 political party qualifies as such under the foregoing 1 28 definition. 1 29 Sec. 3. Section 43.63, unnumbered paragraph 1, Code 2003, 1 30 is amended to read as follows: 1 31 Upon receipt of the abstracts of votes from the counties, 1 32 the secretary of state shall immediately open the envelopes 1 33 and canvass the results for all offices. The secretary of 1 34 state shall invite to attend the canvass one representative 1 35 from each political party which, at the last preceding general 2 1 election at which votes were cast for the office of governor, 2 2 cast for its candidatefor president of the United States or2 3 for governor, as the case may be,at leasttwofive percent of 2 4 the total vote cast for all candidates for that office at that 2 5 election, as determined by the secretary of state. The 2 6 secretary of state shall notify the chairperson of each 2 7 political party of the time of the canvass. However, the 2 8 presence of a representative from a political party is not 2 9 necessary for the canvass to proceed. 2 10 Sec. 4. NEW SECTION. 43.111A MINOR POLITICAL PARTY 2 11 CONSTITUTION AND BYLAWS. 2 12 1. A minor political party shall adopt a constitution or 2 13 set of bylaws to govern its organization and the conduct of 2 14 its affairs and shall exercise thereunder any power not 2 15 inconsistent with the laws of this state. The constitution or 2 16 set of bylaws shall be filed with the secretary of state. Any 2 17 minor political party failing to file its constitution or set 2 18 of bylaws pursuant to this section shall not be qualified as a 2 19 minor political party. The constitution or set of bylaws 2 20 shall contain the following: 2 21 a. A method of nominating candidates for the partisan 2 22 offices. 2 23 b. A method for calling and conducting conventions. 2 24 c. A method for selecting delegates to conventions. 2 25 d. A method for the selection of members and a chairperson 2 26 to the state central committee and for the selection of other 2 27 party officers. 2 28 e. A method for filling vacancies in party offices. 2 29 f. The powers and duties of party officers. 2 30 g. The structure of the state and county party 2 31 organizations, if any. 2 32 h. A statement that any meeting to elect party officers, 2 33 including delegates, shall be held at a public place at the 2 34 time specified by the party chairperson and that the time and 2 35 place of such meeting shall be published once, no later than 3 1 fifteen days before such meeting, in a newspaper of general 3 2 circulation in each county where the members of the minor 3 3 political party reside. 3 4 i. A statement that the party chairperson, or the 3 5 chairperson's designee, shall be the person who shall 3 6 communicate on behalf of the minor political party. 3 7 j. A method for amending the constitution or set of 3 8 bylaws. 3 9 2. The chairperson of the party shall file any amendments 3 10 to the constitution or set of bylaws with the secretary of 3 11 state no later than fifteen days after the amendments are 3 12 adopted. 3 13 Sec. 5. Section 43.121, Code 2003, is amended to read as 3 14 follows: 3 15 43.121 NOMINATIONS BY PETITION OR NONPARTY ORGANIZATIONS. 3 16 This chapter shall not be construed to prohibit nomination 3 17 of candidates for office by petition, or by nonparty 3 18 organizations, as provided in chapters 44 and 45, but no 3 19 person so nominated shall be permitted to use the name, or any 3 20 partthereofof the name, of any political party authorized or 3 21 entitled under this chapter to nominate a ticket by primary 3 22 vote, or that has nominated a ticket by primary vote under 3 23 this chapter and no person so nominated shall be permitted to 3 24 use the name, or any part of the name, of any minor political 3 25 party. 3 26 Sec. 6. Section 48A.11, subsection 1, paragraph i, Code 3 27 2003, is amended to read as follows: 3 28 i. Political party or minor political party registration. 3 29 Sec. 7. Section 50.36, unnumbered paragraph 2, Code 2003, 3 30 is amended to read as follows: 3 31 The secretary of state shall invite to attend the canvass 3 32 one representative from each political party which, at the 3 33 last preceding general election at which votes were cast for 3 34 the office of governor, cast for its candidatefor president3 35of the United States orfor governor, as the case may be,at 4 1 leasttwofive percent of the total vote cast for all 4 2 candidates for that office at that election, as determined by 4 3 the secretary of state. The secretary of state shall notify 4 4 the chairperson of each political party of the time of the 4 5 canvass. However, the presence of a representative from a 4 6 political party is not necessary for the canvass to proceed. 4 7 Sec. 8. Section 56.18, Code 2003, is amended to read as 4 8 follows: 4 9 56.18 CHECKOFF – INCOME TAX. 4 10 A person whose state income tax liability for any taxable 4 11 year is one dollar and fifty cents or more may direct that one 4 12 dollar and fifty cents of that liability be paid over to the 4 13 Iowa election campaign fund when submitting the person's state 4 14 income tax return to the department of revenue and finance. 4 15 In the case of a joint return of husband and wife having a 4 16 state income tax liability of three dollars or more, each 4 17 spouse may direct that one dollar and fifty cents be paid to 4 18 the fund. The director of revenue and finance shall draft the 4 19 income tax form to provide spaces on the tax return which the 4 20 taxpayer may use to designate that contributions made under 4 21 this section be credited to a specified political party or 4 22 minor political party as defined by section 43.2, or to the 4 23 Iowa election campaign fund as a contribution to be shared by 4 24 all such political parties and minor political parties in the 4 25 manner prescribed by section 56.19. The form shall inform the 4 26 taxpayer of the consequences of the choices provided under 4 27 this section, but this information may be contained in a 4 28 footnote or other suitable form if the director of revenue and 4 29 finance finds it is not feasible to place the information 4 30 immediately above the signature line. The action taken by a 4 31 person for the checkoff is irrevocable. 4 32 Sec. 9. Section 56.19, Code 2003, is amended to read as 4 33 follows: 4 34 56.19 FUND CREATED. 4 35 The "Iowa election campaign fund" is created within the 5 1 office of the treasurer of state. The fund shall consist of 5 2 funds paid by persons as provided in section 56.18. The 5 3 treasurer of state shall maintain within the fund a separate 5 4 account for each political party and minor political party as 5 5 defined in section 43.2. The director of revenue and finance 5 6 shall remit funds collected as provided in section 56.18 to 5 7 the treasurer of state who shall deposit such funds in the 5 8 appropriate account within the Iowa election campaign fund. 5 9 All contributions directed to the Iowa election campaign fund 5 10 by taxpayers who do not designate any one political party or 5 11 minor political party to receive their contributions shall be 5 12 divided by the director of revenue and finance equally among 5 13 each account currently maintained in the fund. However, at 5 14 any time when more than two accounts are being maintained 5 15 within the fund contributions to the fund by taxpayers who do 5 16 not designate any one political party or minor political party 5 17 to receive their contributions shall be divided among the 5 18 accounts in the same proportion as the number of registered 5 19 voters declaring affiliation with each political party and 5 20 minor political party for which an account is maintained bears 5 21 to the total number of registered voters who have declared an 5 22 affiliation with a political party or minor political party. 5 23 Any interest income received by the treasurer of state from 5 24 investment of moneys deposited in the fund shall be deposited 5 25 in the Iowa election campaign fund. Such funds shall be 5 26 subject to payment to the chairperson of the specified 5 27 political party or minor political party by the director of 5 28 revenue and finance in the manner provided by section 56.22. 5 29 Sec. 10. Section 56.22, subsection 1, Code 2003, is 5 30 amended to read as follows: 5 31 1. The money accumulated in the Iowa election campaign 5 32 fund to the account of each political party and minor 5 33 political party in the state shall be remitted to the 5 34 appropriate party on the first business day of each month by 5 35 warrant of the director of revenue and finance drawn upon the 6 1 fund in favor of the state chairperson of that party. The 6 2 money received by each political party or minor political 6 3 party under this section shall be used as directed by the 6 4 party's state statutory political committee. 6 5 Sec. 11. Section 68B.2, subsection 13, paragraph b, 6 6 subparagraph (1), Code 2003, is amended to read as follows: 6 7 (1) Officials and employees of a political party organized 6 8 in the state of Iowa representingmore than twoat least five 6 9 percent of the total votes cast for governor in the last 6 10 preceding general election at which votes were cast for the 6 11 office of governor, but only when representing the political 6 12 party in an official capacity. 6 13 Sec. 12. APPLICABILITY DATES. 6 14 1. The sections of this Act amending section 43.2 apply 6 15 retroactively to the general election held in November 2002. 6 16 2. The remainder of this Act applies to elections held on 6 17 or after July 1, 2003. 6 18 EXPLANATION 6 19 This bill makes changes relating to the definition of 6 20 "political party" and creates the designation of "minor 6 21 political party" for certain purposes. 6 22 The bill changes the definition of "political party" to 6 23 mean a party whose candidate receives at least 5 percent of 6 24 the votes cast for the office of governor. The bill makes 6 25 amendments relating to persons invited to attend the 6 26 canvassing of votes and relating to the definition of lobbyist 6 27 for a political party in order to conform to the bill's 6 28 definition of "political party". 6 29 The bill defines "minor political party" to mean a party 6 30 whose candidates for the Iowa house of representatives 6 31 received a total of one-half of 1 percent of all votes cast 6 32 for all candidates for the Iowa house of representatives at 6 33 the general election at which votes were cast for the office 6 34 of governor. The bill provides, however, that no one 6 35 candidate may account for more than 20 percent of the one-half 7 1 of 1 percent threshold. 7 2 The bill requires a party designated as a minor political 7 3 party to adopt a constitution or set of bylaws to govern its 7 4 organization and the conduct of its affairs. The bill extends 7 5 to minor political parties the protection against 7 6 appropriation of any part of the party's official name, which 7 7 protection is currently afforded political parties. The bill 7 8 allows a voter registrant to indicate on the voter 7 9 registration form the minor political party with which the 7 10 registrant is affiliated. 7 11 The bill provides that a minor political party is eligible 7 12 to receive funds from the Iowa election campaign fund. 7 13 The provision relating to the definition of political party 7 14 and the definition of minor political party applies 7 15 retroactively to the general election held in November 2002. 7 16 The remainder of the bill applies to elections held on or 7 17 after July 1, 2003. 7 18 LSB 2353XS 80 7 19 sc/pj/5
Text: SF00209 Text: SF00211 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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