Text: SF02006 Text: SF02008 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 68A.406 PRINTED OR ELECTRONIC
1 2 POLITICAL PUBLICATIONS – DISCLOSURES.
1 3 1. For the purpose of this section, unless the context
1 4 otherwise requires:
1 5 a. "Political publication" means any letter, newsletter,
1 6 direct mailing, brochure, or any other form of printed or
1 7 electronic direct or general public political communication.
1 8 b. "Written or electronically recorded" means a document
1 9 printed and signed personally by a candidate for public
1 10 office; an electronic record, as defined in chapter 554D,
1 11 typed and accompanied by the digital signature of the
1 12 candidate for public office, provided the digital signature
1 13 complies with the provisions of chapter 554D; or an electronic
1 14 record, as defined in chapter 554D, otherwise containing
1 15 information, as defined in chapter 554D, that satisfies the
1 16 provisions of section 554D.111 regarding the identity of the
1 17 candidate for public office and the content of the commitment
1 18 or responses.
1 19 2. A person who causes the publication or distribution of
1 20 a political publication to a candidate for public office
1 21 seeking the candidate's written or electronically recorded
1 22 commitment on an issue, or written or electronically recorded
1 23 responses regarding the candidate's positions on certain
1 24 issues, shall include conspicuously on the political
1 25 publication all of the following:
1 26 a. The identity and address of the person responsible for
1 27 the political publication.
1 28 b. If the person responsible is an organization, the name
1 29 of at least one officer of the organization. However, if the
1 30 organization is a committee that has filed a statement of
1 31 organization under this chapter, only the name of the
1 32 committee is required.
1 33 c. A full disclosure statement regarding the person's
1 34 intended use of the candidate's commitment or responses.
1 35 3. A person shall not use a candidate's commitment or
2 1 responses in any manner that is inconsistent with the
2 2 disclosure statement previously made to the candidate
2 3 regarding the intended use of the candidate's commitment or
2 4 responses.
2 5 4. The board may adopt rules as necessary to administer
2 6 this section.
2 7 EXPLANATION
2 8 This bill adds a new section to Code chapter 68A, formerly
2 9 Code chapter 56, regarding campaign finance.
2 10 New Code section 68A.406 regulates the form and use of
2 11 printed and electronic surveys, polls, and similar documents
2 12 circulated to candidates for public office by interest groups
2 13 and others prior to an election. The new Code section
2 14 requires conspicuous disclosure of the name and address of the
2 15 person responsible for the printed or electronic political
2 16 publication and of the intended use of the written or
2 17 electronically recorded commitment or written or
2 18 electronically recorded responses solicited from the
2 19 candidate. Finally, the Code section prohibits the person
2 20 from using the written or electronically recorded commitment
2 21 or written or electronically recorded responses received from
2 22 the candidate in a manner that is inconsistent with the
2 23 disclosure given to obtain them.
2 24 Definitions are provided for "political publication" and
2 25 for "written or electronically recorded". The latter term
2 26 makes references to definitions and other provisions of Code
2 27 chapter 554D, the uniform electronic transactions Act, in
2 28 defining certain elements of an electronic record.
2 29 Pursuant to Code section 68A.701, willful violations of
2 30 provisions of Code chapter 68A are considered serious
2 31 misdemeanors; consequently, a violation of new Code section
2 32 68A.406 regarding the use of candidate commitments or
2 33 responses inconsistent with prior disclosure would be a
2 34 serious misdemeanor. A serious misdemeanor is punishable by
2 35 confinement for no more than one year and a fine of at least
3 1 $250 but not more than $1,500.
3 2 The Iowa ethics and campaign disclosure board is empowered
3 3 to adopt rules as necessary to administer the section.
3 4 LSB 5092XS 80
3 5 jr/sh/8
Text: SF02006 Text: SF02008 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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