Senate File 352 S-3090 Amend Senate File 352 as follows: 1 1. Page 1, before line 1 by inserting: 2 < DIVISION I 3 ELECTRONIC FILING REQUIREMENTS > 4 2. Page 2, after line 35 by inserting: 5 < DIVISION ___ 6 DONOR DISCLOSURES AND JUDICIAL STANDARDS FOR LIBELOUS 7 STATEMENTS 8 Sec. ___. Section 68A.102, subsection 17, Code 9 2017, is amended to read as follows: 10 17. “Person” means, without limitation, any 11 individual, corporation, government or governmental 12 subdivision or agency, business trust, estate, trust, 13 partnership or association, labor union, social welfare 14 organization, as described in section 501(c)(4) of the 15 Internal Revenue Code, or any other legal entity. 16 Sec. ___. Section 68A.404, subsection 5, Code 2017, 17 is amended by adding the following new paragraph: 18 NEW PARAGRAPH . i. If the person making the 19 independent expenditure uses, in whole or in part, 20 anything of value from one or more donors which was not 21 given for the purpose of furthering the independent 22 expenditure, the person making the independent 23 expenditure must disclose the names of each donor who 24 gave to the person making the independent expenditure 25 in the twelve months prior to the independent 26 expenditure being made and the amount and date of each 27 donation in that period. For purposes of this section, 28 a donor is a person who has rendered anything of value 29 in return for which legal consideration of equal or 30 greater value is not given and received. 31 Sec. ___. Section 659.4, Code 2017, is amended to 32 read as follows: 33 659.4 Candidate Libel in campaign materials —— 34 contributor liability —— candidate —— retraction —— time 35 -1- SF352.1200 (4) 87 aw/jh 1/ 3 #1. #2.

—— imputing sexual misconduct. 1 1. a. For the purposes of this subsection: 2 (1) “Candidate” , “committee” , “contribution” , and 3 “person” mean the same as those terms are defined in 4 section 68A.102. 5 (2) “Published material” means the same as defined 6 in section 68A.405, subsection 1. 7 b. A person making an independent expenditure under 8 section 68A.404 or a committee commits libel if the 9 person or committee negligently makes a defamatory 10 statement in published material concerning a clearly 11 identified candidate for public office. A candidate 12 for public office who is subject of such a libelous 13 statement may bring an action for damages under this 14 subsection against the person or committee responsible 15 for publishing the material. 16 c. The candidate under paragraph “b” may recover 17 actual, special, and exemplary damages. A person 18 making the independent expenditure under section 19 68A.404 or a committee publishing libelous statements 20 shall be liable for damages, and any person making a 21 contribution to the independent expenditure or to the 22 committee shall be jointly and severally liable up to 23 a dollar amount not to exceed the aggregate of the 24 person’s contributions to the independent expenditure 25 or to the committee in the two years preceding the 26 filing of the action for damages. 27 2. If the plaintiff was a candidate for office at 28 the time of the libelous publication, no retraction 29 shall be available unless published in a conspicuous 30 place on the editorial page, nor if the libel was 31 published within two weeks next before the election. 32 This section subsection and sections 659.2 and 659.3 do 33 not apply to libel imputing sexual misconduct to any 34 persons. > 35 -2- SF352.1200 (4) 87 aw/jh 2/ 3

3. Title page, line 1, after < to > by inserting 1 < election campaigns, including > 2 4. Title page, line 3, after < board > by inserting 3 < , independent expenditure donor disclosures, and 4 judicial standards related to libelous statements in 5 published campaign materials > 6 5. By renumbering as necessary. 7 ______________________________ LIZ MATHIS -3- SF352.1200 (4) 87 aw/jh 3/ 3 #3. #4. #5.