68A.404  Independent expenditures.

1.  As used in this section, "independent expenditure" means an expenditure for a communication that expressly advocates the election or defeat of a clearly identified candidate or the passage or defeat of a ballot issue that is made without the prior approval or coordination with a candidate, candidate's committee, or a ballot issue committee.

2.  An individual who meets all of the following criteria shall file an independent expenditure statement:

a.  The individual is not a candidate.

b.  The individual is acting independently and not in coordination with another individual, organization, or committee.

c.  The individual makes one or more independent expenditures in excess of seven hundred fifty dollars in the aggregate to advocate the election or defeat of one or more candidates or the passage or defeat of one or more ballot issues.

3. a.  Any combination of two or more individuals, or a person other than an individual, that makes one or more independent expenditures in excess of seven hundred fifty dollars in the aggregate to advocate the election or defeat of one or more candidates or the passage or defeat of one or more ballot issues shall file an independent expenditure statement.

b.  Sections 68A.201, 68A.202, 68A.402, and 68A.403 shall not apply to persons meeting the requirements of paragraph "a".

c.  This subsection shall not apply to a candidate, candidate's committee, state statutory political committee, county statutory political committee, or a political committee.

4. a.  An independent expenditure statement shall be filed within forty-eight hours of the making of an independent expenditure in excess of seven hundred fifty dollars in the aggregate.

b.  An independent expenditure statement shall be filed with the board and the board shall immediately make the independent expenditure statement available for public viewing.

c.  For purposes of this section, an independent expenditure is made at the time that the cost is incurred.

5.  The independent expenditure statement shall contain all of the following information:

a.  Identification of the individuals or persons filing the statement.

b.  Description of the position advocated by the individuals or persons with regard to the clearly identified candidate or ballot issue.

c.  Identification of the candidate or ballot issue benefited by the independent expenditure.

d.  The dates on which the expenditure or expenditures took place or will take place.

e.  Description of the nature of the action taken that resulted in the expenditure or expenditures.

f.  The fair market value of the expenditure or expenditures.

6.  Any person making an independent expenditure shall comply with the attribution requirements of section 68A.405.

7. a.  The board shall develop, prescribe, furnish, and distribute forms for the independent expenditure statements required by this section.

b.  The board shall adopt rules pursuant to chapter 17A for the implementation of this section.

Section History: Early form

  [C75, 77, 79, 81, § 56.13; 81 Acts, ch 35, § 11]

Section History: Recent form

  86 Acts, ch 1023, § 10; 93 Acts, ch 163, § 33; 94 Acts, ch 1180, §36; 95 Acts, ch 198, §12; 99 Acts, ch 136, §8, 17; 2002 Acts, ch 1073, §9, 11; 2003 Acts, ch 40, §4, 9

  CS2003, §68A.404


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