House File 358 H-1103 Amend House File 358 as follows: 1 1. Page 1, before line 1 by inserting: 2 < DIVISION I 3 CAMPAIGN CONTRIBUTIONS AND DISCLOSURES > 4 2. Page 2, after line 15 by inserting: 5 < DIVISION ___ 6 EXPENDITURES AND ATTRIBUTION STATEMENTS 7 Sec. ___. Section 68A.102, subsection 10, paragraph a, 8 subparagraph (2), Code 2021, is amended to read as follows: 9 (2) The payment, by any person other than a candidate or 10 political committee who receives the service , of compensation 11 for the personal services of another person which are rendered 12 to a candidate or political committee for any such purpose. 13 Sec. ___. Section 68A.102, subsection 10, paragraph a, Code 14 2021, is amended by adding the following new subparagraph: 15 NEW SUBPARAGRAPH . (3) A coordinated expenditure if the 16 expenditure must be reported pursuant to subchapter IV. 17 Sec. ___. Section 68A.102, subsections 14 and 18, Code 2021, 18 are amended to read as follows: 19 14. a. “Express advocacy” or to “expressly advocate” means 20 communication that can be characterized according to at least 21 one of the following descriptions: 22 a. (1) The communication is political speech made in the 23 form of a contribution. 24 b. (2) In advocating the election or defeat of one or more 25 clearly identified candidates or the passage or defeat of one 26 or more clearly identified ballot issues, the communication 27 includes explicit words that unambiguously indicate that the 28 communication is recommending or supporting a particular 29 outcome in the election with regard to any clearly identified 30 candidate or ballot issue. 31 b. “Express advocacy” or “expressly advocate” does not mean 32 a communication that can be characterized according to one or 33 more of the following descriptions: 34 (1) The communication encourages individuals to register 35 -1- HF358.272 (3) 89 ss/jh 1/ 9 #1. #2.

to vote or to vote, provided that the communication does not 1 mention or depict a candidate or ballot issue. 2 (2) The communication does not support or oppose a candidate 3 or ballot issue. 4 (3) The communication is a bona fide news story, commentary, 5 blog, or editorial distributed through the facilities of any 6 broadcasting station, newspaper, magazine, internet site, or 7 other periodical publication of general circulation. 8 (4) The communication is by a membership organization or 9 corporation to its members, stockholders, or employees. 10 (5) The board determines by rule that the communication is 11 not express advocacy. 12 18. “Political committee” means any of the following: 13 a. A committee, but not a candidate’s committee, that 14 accepts contributions in excess of one thousand two hundred 15 fifty dollars in the aggregate, makes expenditures in excess 16 of one thousand two hundred fifty dollars in the aggregate, or 17 incurs indebtedness in excess of one thousand two hundred fifty 18 dollars in the aggregate in any one calendar year to expressly 19 advocate the nomination, election, or defeat of a candidate 20 for public office, make an electioneering communication, or to 21 expressly advocate the passage or defeat of a ballot issue. 22 b. An association, lodge, society, cooperative, union, 23 fraternity, sorority, educational institution, civic 24 organization, labor organization, religious organization, or 25 professional organization that accepts contributions in excess 26 of one thousand two hundred fifty dollars in the aggregate, 27 makes expenditures in excess of one thousand two hundred fifty 28 dollars in the aggregate, or incurs indebtedness in excess of 29 one thousand two hundred fifty dollars in the aggregate in 30 any one calendar year to expressly advocate the nomination, 31 election, or defeat of a candidate for public office, make an 32 electioneering communication, or to expressly advocate the 33 passage or defeat of a ballot issue. 34 c. A person, other than an individual, that accepts 35 -2- HF358.272 (3) 89 ss/jh 2/ 9

contributions in excess of one thousand two hundred fifty 1 dollars in the aggregate, makes expenditures in excess of 2 one thousand two hundred fifty dollars in the aggregate, or 3 incurs indebtedness in excess of one thousand two hundred fifty 4 dollars in the aggregate in any one calendar year to expressly 5 advocate that an individual should or should not seek election 6 to a public office prior to the individual becoming a candidate 7 as defined in subsection 4 . 8 Sec. ___. Section 68A.102, Code 2021, is amended by adding 9 the following new subsections: 10 NEW SUBSECTION . 8A. “Communication” means any of the 11 following: 12 a. A paid advertisement broadcast over radio, television, 13 cable, or satellite. 14 b. The paid placement of content on the internet or other 15 electronic communication network. 16 c. A paid advertisement published in a newspaper or 17 periodical or on a billboard. 18 d. A mailing. 19 e. A printed material. 20 NEW SUBSECTION . 10A. “Coordinated expenditure” means 21 an expenditure made in cooperation with, in consultation 22 with, at the request of, or with the express prior consent 23 of a candidate or committee receiving the benefit of the 24 expenditure. 25 NEW SUBSECTION . 13A. a. “Electioneering communication” 26 means a paid communication that is publicly distributed by 27 radio, television, cable, satellite, internet site, newspaper, 28 periodical, billboard, mail, electronic mail, or any other 29 distribution of materials, that is made within sixty days of 30 the initiation of voting in an election that does not support 31 or oppose a candidate or ballot issue, that can be received 32 by more than one hundred persons, and that does any of the 33 following: 34 (1) Refers to one or more clearly identified candidates in 35 -3- HF358.272 (3) 89 ss/jh 3/ 9

that election. 1 (2) Depicts the name, image, likeness, or voice of a clearly 2 identified candidate in that election. 3 (3) Refers to a political party, ballot issue, or a question 4 submitted to the voters in that election. 5 b. “Electioneering communication” does not include any of 6 the following: 7 (1) A bona fide news story, commentary, blog, or editorial 8 distributed through the facilities of any broadcasting station, 9 newspaper, magazine, internet site, or other periodical 10 publication of general circulation. 11 (2) A communication by a membership organization or 12 corporation to its members, stockholders, or employees. 13 (3) A commercial communication that depicts a candidate’s 14 name, image, likeness, or voice only in the candidate’s 15 capacity as owner, operator, or employee of a business that 16 existed prior to the organization of a candidate’s committee by 17 the candidate pursuant to section 68A.202. 18 (4) A communication that constitutes a candidate debate or 19 forum or that solely promotes a candidate debate or forum and 20 is made by or on behalf of the person sponsoring the debate or 21 forum. 22 (5) A communication that the board determines by rule is not 23 an electioneering communication. 24 Sec. ___. Section 68A.402, subsection 9, Code 2021, is 25 amended to read as follows: 26 9. a. Permanent organizations. A permanent organization 27 temporarily engaging in activity described in section 68A.102, 28 subsection 18 , shall organize a political committee and shall 29 keep the funds relating to that political activity segregated 30 from its operating funds. The political committee shall file 31 reports on the appropriate due dates as required by this 32 section . 33 b. The reports filed under this subsection shall identify 34 the all of the following: 35 -4- HF358.272 (3) 89 ss/jh 4/ 9

(1) The source of the original funds used for a contribution 1 made to a candidate or a committee organized under this 2 chapter . 3 (2) The aggregate amount of contributions made by each 4 person. 5 (3) Each loan received from any person during the reporting 6 period. 7 (4) The amount and nature of debts and obligations owed to 8 the committee. 9 (5) Proceeds that total less than thirty-five dollars 10 per person from mass collections made at fund-raising events 11 sponsored by the committee. 12 (6) The total sum of contributions received by the committee 13 for a specified candidate or committee. 14 (7) The full name, mailing address, occupation, and 15 principal place of business, if any, of each person or 16 committee to whom an expenditure has been made during the 17 reporting period, including the amount, date, and purpose of 18 each expenditure and the total amount of expenditures to each 19 person or committee. 20 (8) The full name, mailing address, occupation, and 21 principal place of business, if any, of each person to whom an 22 expenditure for personal services, salaries, and reimbursement 23 of expenses has been made, including the amount, date, 24 and purpose of that expenditure, and the total amount of 25 expenditures made to each person. 26 (9) The total sum of expenditures made during the reporting 27 period. 28 (10) The full name, mailing address, occupation, and 29 principal place of business, if any, of any person to whom a 30 loan was made, and the full name, mailing address, occupation, 31 and principal place of business, if any, of any endorsers, and 32 the date and amount of each loan. 33 (11) The amount and nature of debts and obligations owed by 34 the committee. 35 -5- HF358.272 (3) 89 ss/jh 5/ 9

(12) Other information as may be required by the board by 1 rule. 2 (13) For reports of expenditures made to a consultant, 3 advertising agency, polling firm, or other person that performs 4 services for the committee, the report shall be itemized 5 and described in sufficient detail to disclose the specific 6 services performed by the entity. 7 c. When the permanent organization ceases to be involved 8 in the political activity, the permanent organization shall 9 dissolve the political committee. 10 d. As used in this subsection , “permanent organization” 11 means an organization that is continuing, stable, and enduring, 12 and was originally organized for purposes other than engaging 13 in election activities. 14 Sec. ___. Section 68A.402A, subsection 1, paragraphs f and 15 g, Code 2021, are amended to read as follows: 16 f. The name and mailing address of each person and committee 17 to whom disbursements , payments for personal services, 18 salaries, reimbursement for expenses, or loan repayments 19 have been made by the committee from contributions during 20 the reporting period and the amount, purpose, and date of 21 each disbursement except that disbursements of less than five 22 dollars may be shown as miscellaneous disbursements so long as 23 the aggregate miscellaneous disbursements to any one person 24 during a calendar year do not exceed one hundred dollars. 25 Reports of disbursements under this paragraph must be itemized 26 and sufficiently detailed to disclose the specific services 27 performed by the person to whom a disbursement was made. 28 g. Disbursements made to a consultant , advertising agency, 29 or polling firm and disbursements made by the consultant , 30 advertising agency, or polling firm during the reporting 31 period disclosing the name and address of the recipient, 32 amount, purpose, and date. Reports of disbursements under 33 this paragraph must be itemized and sufficiently detailed to 34 disclose the specific services performed by the entity to whom 35 -6- HF358.272 (3) 89 ss/jh 6/ 9

a disbursement was made. 1 Sec. ___. Section 68A.402A, subsection 1, Code 2021, is 2 amended by adding the following new paragraph: 3 NEW PARAGRAPH . l. The total sum of disbursements made. 4 Sec. ___. NEW SECTION . 68A.404A Electioneering 5 communications —— reports. 6 1. A person making an electioneering communication shall 7 file a report with the board, including a description of the 8 communication, how the communication was distributed, and 9 the amount of any expenditure made on the electioneering 10 communication, except that a person spending less than two 11 hundred fifty dollars on electioneering communications in a 12 taxable year shall not be required to file a report. 13 2. The board shall adopt rules for the form and schedule of 14 reports filed under this section. 15 Sec. ___. Section 68A.405, subsection 1, paragraphs b, c, d, 16 e, f, g, and h, Code 2021, are amended to read as follows: 17 b. (1) Except as set out in subsection 2 , published 18 material designed to expressly advocate the nomination, 19 election, or defeat of a candidate for public office or 20 the passage or defeat of a ballot issue and electioneering 21 communications shall include on the published material 22 or electioneering communication an attribution statement 23 disclosing who is responsible for the published material or 24 electioneering communication . 25 (2) The person who is responsible for the published material 26 or electioneering communication has the sole responsibility 27 and liability for the attribution statement required by this 28 section. 29 c. If the person paying for the published material or 30 electioneering communication is an individual, the words “paid 31 for by” and the name and address of the person shall appear on 32 the published material or electioneering communication . 33 d. If more than one individual is responsible, the words 34 “paid for by”, the names of the individuals, and either 35 -7- HF358.272 (3) 89 ss/jh 7/ 9

the addresses of the individuals or a statement that the 1 addresses of the individuals are on file with the Iowa ethics 2 and campaign disclosure board shall appear on the published 3 material or electioneering communication . 4 e. If the person responsible is an organization, the words 5 “paid for by”, the name and address of the organization, and 6 the name of one officer of the organization shall appear on the 7 published material or electioneering communication . 8 f. If the person responsible is a corporation, the words 9 “paid for by”, the name and address of the corporation, and the 10 name and title of the corporation’s chief executive officer 11 shall appear on the published material or electioneering 12 communication . 13 g. If the person responsible is a committee that has filed 14 a statement of organization pursuant to section 68A.201 , the 15 words “paid for by” and the name of the committee shall appear 16 on the published material or electioneering communication . 17 h. If the published material or electioneering communication 18 is the result of an independent expenditure subject to section 19 68A.404 , the published material or electioneering communication 20 shall include a statement that the published material or 21 electioneering communication was not authorized by any 22 candidate, candidate’s committee, or ballot issue committee. 23 Sec. ___. Section 68A.405, subsection 2, paragraph d, Code 24 2021, is amended to read as follows: 25 d. Any published material or electioneering communication 26 that is subject to federal regulations regarding an attribution 27 requirement. 28 Sec. ___. Section 68A.405, subsection 4, Code 2021, is 29 amended to read as follows: 30 4. The board shall adopt rules relating to the placing of an 31 attribution statement on published materials and electioneering 32 communication . > 33 3. Title page, line 1, after < including > by inserting 34 < expenditures, attribution statements, and > 35 -8- HF358.272 (3) 89 ss/jh 8/ 9