House File 2511 H-8042 Amend House File 2511 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 68A.102, subsection 10, paragraph a, 3 subparagraph (2), Code 2020, is amended to read as follows: 4 (2) The payment, by any person other than a candidate or 5 political committee who receives the service , of compensation 6 for the personal services of another person which are rendered 7 to a candidate or political committee for any such purpose. 8 Sec. ___. Section 68A.102, subsection 10, paragraph a, Code 9 2020, is amended by adding the following new subparagraph: 10 NEW SUBPARAGRAPH . (3) A coordinated expenditure if the 11 expenditure must be reported pursuant to subchapter IV. 12 Sec. ___. Section 68A.102, subsections 14 and 18, Code 2020, 13 are amended to read as follows: 14 14. a. “Express advocacy” or to “expressly advocate” means 15 communication that can be characterized according to at least 16 one of the following descriptions: 17 a. (1) The communication is political speech made in the 18 form of a contribution. 19 b. (2) In advocating the election or defeat of one or more 20 clearly identified candidates or the passage or defeat of one 21 or more clearly identified ballot issues, the communication 22 includes explicit words that unambiguously indicate that the 23 communication is recommending or supporting a particular 24 outcome in the election with regard to any clearly identified 25 candidate or ballot issue. 26 b. “Express advocacy” or “expressly advocate” does not mean 27 a communication that can be characterized according to one or 28 more of the following descriptions: 29 (1) The communication encourages individuals to register 30 to vote or to vote, provided that the communication does not 31 mention or depict a candidate or ballot issue. 32 (2) The communication does not support or oppose a candidate 33 or ballot issue. 34 (3) The communication is a bona fide news story, commentary, 35 -1- HF2511.3356 (2) 88 jh/tm 1/ 9 #1.
blog, or editorial distributed through the facilities of any 1 broadcasting station, newspaper, magazine, internet site, or 2 other periodical publication of general circulation. 3 (4) The communication is by a membership organization or 4 corporation to its members, stockholders, or employees. 5 (5) The board determines by rule that the communication is 6 not express advocacy. 7 18. “Political committee” means any of the following: 8 a. A committee, but not a candidate’s committee, that 9 accepts contributions in excess of one thousand two hundred 10 fifty dollars in the aggregate, makes expenditures in excess 11 of one thousand two hundred fifty dollars in the aggregate, or 12 incurs indebtedness in excess of one thousand two hundred fifty 13 dollars in the aggregate in any one calendar year to expressly 14 advocate the nomination, election, or defeat of a candidate 15 for public office, make an electioneering communication, or to 16 expressly advocate the passage or defeat of a ballot issue. 17 b. An association, lodge, society, cooperative, union, 18 fraternity, sorority, educational institution, civic 19 organization, labor organization, religious organization, or 20 professional organization that accepts contributions in excess 21 of one thousand two hundred fifty dollars in the aggregate, 22 makes expenditures in excess of one thousand two hundred fifty 23 dollars in the aggregate, or incurs indebtedness in excess of 24 one thousand two hundred fifty dollars in the aggregate in 25 any one calendar year to expressly advocate the nomination, 26 election, or defeat of a candidate for public office, make an 27 electioneering communication, or to expressly advocate the 28 passage or defeat of a ballot issue. 29 c. A person, other than an individual, that accepts 30 contributions in excess of one thousand two hundred fifty 31 dollars in the aggregate, makes expenditures in excess of 32 one thousand two hundred fifty dollars in the aggregate, or 33 incurs indebtedness in excess of one thousand two hundred fifty 34 dollars in the aggregate in any one calendar year to expressly 35 -2- HF2511.3356 (2) 88 jh/tm 2/ 9
advocate that an individual should or should not seek election 1 to a public office prior to the individual becoming a candidate 2 as defined in subsection 4 . 3 Sec. ___. Section 68A.102, Code 2020, is amended by adding 4 the following new subsections: 5 NEW SUBSECTION . 8A. “Communication” means any of the 6 following: 7 a. A paid advertisement broadcast over radio, television, 8 cable, or satellite. 9 b. The paid placement of content on the internet or other 10 electronic communication network. 11 c. A paid advertisement published in a newspaper or 12 periodical or on a billboard. 13 d. A mailing. 14 e. A printed material. 15 NEW SUBSECTION . 10A. “Coordinated expenditure” means 16 an expenditure made in cooperation with, in consultation 17 with, at the request of, or with the express prior consent 18 of a candidate or committee receiving the benefit of the 19 expenditure. 20 NEW SUBSECTION . 13A. a. “Electioneering communication” 21 means a paid communication that is publicly distributed by 22 radio, television, cable, satellite, internet site, newspaper, 23 periodical, billboard, mail, electronic mail, or any other 24 distribution of materials, that is made within sixty days of 25 the initiation of voting in an election that does not support 26 or oppose a candidate or ballot issue, that can be received 27 by more than one hundred persons, and that does any of the 28 following: 29 (1) Refers to one or more clearly identified candidates in 30 that election. 31 (2) Depicts the name, image, likeness, or voice of a clearly 32 identified candidate in that election. 33 (3) Refers to a political party, ballot issue, or a question 34 submitted to the voters in that election. 35 -3- HF2511.3356 (2) 88 jh/tm 3/ 9
b. “Electioneering communication” does not include any of 1 the following: 2 (1) A bona fide news story, commentary, blog, or editorial 3 distributed through the facilities of any broadcasting station, 4 newspaper, magazine, internet site, or other periodical 5 publication of general circulation. 6 (2) A communication by a membership organization or 7 corporation to its members, stockholders, or employees. 8 (3) A commercial communication that depicts a candidate’s 9 name, image, likeness, or voice only in the candidate’s 10 capacity as owner, operator, or employee of a business that 11 existed prior to the organization of a candidate’s committee by 12 the candidate pursuant to section 68A.202. 13 (4) A communication that constitutes a candidate debate or 14 forum or that solely promotes a candidate debate or forum and 15 is made by or on behalf of the person sponsoring the debate or 16 forum. 17 (5) A communication that the board determines by rule is not 18 an electioneering communication. > 19 2. Page 1, after line 11 by inserting: 20 < Sec. ___. Section 68A.402, subsection 9, Code 2020, is 21 amended to read as follows: 22 9. a. Permanent organizations. A permanent organization 23 temporarily engaging in activity described in section 68A.102, 24 subsection 18 , shall organize a political committee and shall 25 keep the funds relating to that political activity segregated 26 from its operating funds. The political committee shall file 27 reports on the appropriate due dates as required by this 28 section . 29 b. The reports filed under this subsection shall identify 30 the all of the following: 31 (1) The source of the original funds used for a contribution 32 made to a candidate or a committee organized under this 33 chapter . 34 (2) The aggregate amount of contributions made by each 35 -4- HF2511.3356 (2) 88 jh/tm 4/ 9 #2.
person. 1 (3) Each loan received from any person during the reporting 2 period. 3 (4) The amount and nature of debts and obligations owed to 4 the committee. 5 (5) Proceeds that total less than thirty-five dollars 6 per person from mass collections made at fund-raising events 7 sponsored by the committee. 8 (6) The total sum of contributions received by the committee 9 for a specified candidate or committee. 10 (7) The full name, mailing address, occupation, and 11 principal place of business, if any, of each person or 12 committee to whom an expenditure has been made during the 13 reporting period, including the amount, date, and purpose of 14 each expenditure and the total amount of expenditures to each 15 person or committee. 16 (8) The full name, mailing address, occupation, and 17 principal place of business, if any, of each person to whom an 18 expenditure for personal services, salaries, and reimbursement 19 of expenses has been made, including the amount, date, 20 and purpose of that expenditure, and the total amount of 21 expenditures made to each person. 22 (9) The total sum of expenditures made during the reporting 23 period. 24 (10) The full name, mailing address, occupation, and 25 principal place of business, if any, of any person to whom a 26 loan was made, and the full name, mailing address, occupation, 27 and principal place of business, if any, of any endorsers, and 28 the date and amount of each loan. 29 (11) The amount and nature of debts and obligations owed by 30 the committee. 31 (12) Other information as may be required by the board by 32 rule. 33 (13) For reports of expenditures made to a consultant, 34 advertising agency, polling firm, or other person that performs 35 -5- HF2511.3356 (2) 88 jh/tm 5/ 9
services for the committee, the report shall be itemized 1 and described in sufficient detail to disclose the specific 2 services performed by the entity. 3 c. When the permanent organization ceases to be involved 4 in the political activity, the permanent organization shall 5 dissolve the political committee. 6 d. As used in this subsection , “permanent organization” 7 means an organization that is continuing, stable, and enduring, 8 and was originally organized for purposes other than engaging 9 in election activities. 10 Sec. ___. Section 68A.402A, subsection 1, paragraphs f and 11 g, Code 2020, are amended to read as follows: 12 f. The name and mailing address of each person and committee 13 to whom disbursements , payments for personal services, 14 salaries, reimbursement for expenses, or loan repayments 15 have been made by the committee from contributions during 16 the reporting period and the amount, purpose, and date of 17 each disbursement except that disbursements of less than five 18 dollars may be shown as miscellaneous disbursements so long as 19 the aggregate miscellaneous disbursements to any one person 20 during a calendar year do not exceed one hundred dollars. 21 Reports of disbursements under this paragraph must be itemized 22 and sufficiently detailed to disclose the specific services 23 performed by the person to whom a disbursement was made. 24 g. Disbursements made to a consultant , advertising agency, 25 or polling firm and disbursements made by the consultant , 26 advertising agency, or polling firm during the reporting 27 period disclosing the name and address of the recipient, 28 amount, purpose, and date. Reports of disbursements under 29 this paragraph must be itemized and sufficiently detailed to 30 disclose the specific services performed by the entity to whom 31 a disbursement was made. 32 Sec. ___. Section 68A.402A, subsection 1, Code 2020, is 33 amended by adding the following new paragraph: 34 NEW PARAGRAPH . l. The total sum of disbursements made. 35 -6- HF2511.3356 (2) 88 jh/tm 6/ 9
Sec. ___. NEW SECTION . 68A.404A Electioneering 1 communications —— reports. 2 1. A person making an electioneering communication shall 3 file a report with the board, including a description of the 4 communication, how the communication was distributed, and 5 the amount of any expenditure made on the electioneering 6 communication, except that a person spending less than two 7 hundred fifty dollars on electioneering communications in a 8 taxable year shall not be required to file a report. 9 2. The board shall adopt rules for the form and schedule of 10 reports filed under this section. 11 Sec. ___. Section 68A.405, subsection 1, paragraphs b, c, d, 12 e, f, g, and h, Code 2020, are amended to read as follows: 13 b. (1) Except as set out in subsection 2 , published 14 material designed to expressly advocate the nomination, 15 election, or defeat of a candidate for public office or 16 the passage or defeat of a ballot issue and electioneering 17 communications shall include on the published material 18 or electioneering communication an attribution statement 19 disclosing who is responsible for the published material or 20 electioneering communication . 21 (2) The person who is responsible for the published material 22 or electioneering communication has the sole responsibility 23 and liability for the attribution statement required by this 24 section. 25 c. If the person paying for the published material or 26 electioneering communication is an individual, the words “paid 27 for by” and the name and address of the person shall appear on 28 the published material or electioneering communication . 29 d. If more than one individual is responsible, the words 30 “paid for by”, the names of the individuals, and either 31 the addresses of the individuals or a statement that the 32 addresses of the individuals are on file with the Iowa ethics 33 and campaign disclosure board shall appear on the published 34 material or electioneering communication . 35 -7- HF2511.3356 (2) 88 jh/tm 7/ 9
e. If the person responsible is an organization, the words 1 “paid for by”, the name and address of the organization, and 2 the name of one officer of the organization shall appear on the 3 published material or electioneering communication . 4 f. If the person responsible is a corporation, the words 5 “paid for by”, the name and address of the corporation, and the 6 name and title of the corporation’s chief executive officer 7 shall appear on the published material or electioneering 8 communication . 9 g. If the person responsible is a committee that has filed 10 a statement of organization pursuant to section 68A.201 , the 11 words “paid for by” and the name of the committee shall appear 12 on the published material or electioneering communication . 13 h. If the published material or electioneering communication 14 is the result of an independent expenditure subject to section 15 68A.404 , the published material or electioneering communication 16 shall include a statement that the published material or 17 electioneering communication was not authorized by any 18 candidate, candidate’s committee, or ballot issue committee. 19 Sec. ___. Section 68A.405, subsection 2, paragraph d, Code 20 2020, is amended to read as follows: 21 d. Any published material or electioneering communication 22 that is subject to federal regulations regarding an attribution 23 requirement. 24 Sec. ___. Section 68A.405, subsection 4, Code 2020, is 25 amended to read as follows: 26 4. The board shall adopt rules relating to the placing of an 27 attribution statement on published materials and electioneering 28 communication . > 29 3. Title page, line 2, after < signs, > by inserting 30 < requirements relating to campaign expenditures, attribution 31 statements, and reports, > 32 4. By renumbering as necessary. 33 -8- HF2511.3356 (2) 88 jh/tm 8/ 9 #3.
______________________________ McKEAN of Jones -9- HF2511.3356 (2) 88 jh/tm 9/ 9