Senate File 2204 S-5101 Amend Senate File 2204 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 2026, 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 2026, 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 2. Page 1, after line 2 by inserting: 13 < NEW SUBSECTION . 8A. “Communication” means any of the 14 following: 15 a. A paid advertisement broadcast over radio, television, 16 cable, or satellite. 17 b. The paid placement of content on the internet or other 18 electronic communication network. 19 c. A paid advertisement published in a newspaper or 20 periodical or on a billboard. 21 d. A mailing. 22 e. A printed material. 23 NEW SUBSECTION . 10A. “Coordinated expenditure” means 24 an expenditure made in cooperation with, in consultation 25 with, at the request of, or with the express prior consent 26 of a candidate or committee receiving the benefit of the 27 expenditure. > 28 3. Page 1, after line 5 by inserting: 29 < NEW SUBSECTION . 13A. a. “Electioneering communication” 30 means a paid communication that is publicly distributed by 31 radio, television, cable, satellite, internet site, newspaper, 32 periodical, billboard, mail, electronic mail, or any other 33 distribution of materials, that is made within sixty days of 34 the initiation of voting in an election that does not support 35 -1- SF 2204.3455 (2) 91 ss/ns 1/ 9 #1. #2. #3.
or oppose a candidate or ballot issue, that can be received 1 by more than one hundred persons, and that does any of the 2 following: 3 (1) Refers to one or more clearly identified candidates in 4 that election. 5 (2) Depicts the name, image, likeness, or voice of a clearly 6 identified candidate in that election. 7 (3) Refers to a political party, ballot issue, or a question 8 submitted to the voters in that election. 9 b. “Electioneering communication” does not include any of 10 the following: 11 (1) A bona fide news story, commentary, blog, or editorial 12 distributed through the facilities of any broadcasting station, 13 newspaper, magazine, internet site, or other periodical 14 publication of general circulation. 15 (2) A communication by a membership organization or 16 corporation to its members, stockholders, or employees. 17 (3) A commercial communication that depicts a candidate’s 18 name, image, likeness, or voice only in the candidate’s 19 capacity as owner, operator, or employee of a business that 20 existed prior to the organization of a candidate’s committee by 21 the candidate pursuant to section 68A.202. 22 (4) A communication that constitutes a candidate debate or 23 forum or that solely promotes a candidate debate or forum and 24 is made by or on behalf of the person sponsoring the debate or 25 forum. 26 (5) A communication that the board determines by rule is not 27 an electioneering communication. > 28 4. Page 1, after line 28 by inserting: 29 < Sec. ___. Section 68A.102, subsections 14 and 18, Code 30 2026, are amended to read as follows: 31 14. a. “Express advocacy” or to “expressly advocate” means 32 communication that can be characterized according to at least 33 one of the following descriptions: 34 a. (1) The communication is political speech made in the 35 -2- SF 2204.3455 (2) 91 ss/ns 2/ 9 #4.
form of a contribution. 1 b. (2) In advocating the election or defeat of one or more 2 clearly identified candidates or the passage or defeat of one 3 or more clearly identified ballot issues, the communication 4 includes explicit words that unambiguously indicate that the 5 communication is recommending or supporting a particular 6 outcome in the election with regard to any clearly identified 7 candidate or ballot issue. 8 b. “Express advocacy” or “expressly advocate” does not mean 9 a communication that can be characterized according to one or 10 more of the following descriptions: 11 (1) The communication encourages individuals to register 12 to vote or to vote, provided that the communication does not 13 mention or depict a candidate or ballot issue. 14 (2) The communication does not support or oppose a candidate 15 or ballot issue. 16 (3) The communication is a bona fide news story, commentary, 17 blog, or editorial distributed through the facilities of any 18 broadcasting station, newspaper, magazine, internet site, or 19 other periodical publication of general circulation. 20 (4) The communication is by a membership organization or 21 corporation to its members, stockholders, or employees. 22 (5) The board determines by rule that the communication is 23 not express advocacy. 24 18. “Political committee” means any of the following: 25 a. A committee, but not a candidate’s committee, that 26 accepts contributions in excess of one thousand two hundred 27 fifty dollars in the aggregate, makes expenditures in excess 28 of one thousand two hundred fifty dollars in the aggregate, or 29 incurs indebtedness in excess of one thousand two hundred fifty 30 dollars in the aggregate in any one calendar year to expressly 31 advocate the nomination, election, or defeat of a candidate 32 for public office, make an electioneering communication, or to 33 expressly advocate the passage or defeat of a ballot issue. 34 b. An association, lodge, society, cooperative, union, 35 -3- SF 2204.3455 (2) 91 ss/ns 3/ 9
fraternity, sorority, educational institution, civic 1 organization, labor organization, religious organization, or 2 professional organization that accepts contributions in excess 3 of one thousand two hundred fifty dollars in the aggregate, 4 makes expenditures in excess of one thousand two hundred fifty 5 dollars in the aggregate, or incurs indebtedness in excess of 6 one thousand two hundred fifty dollars in the aggregate in 7 any one calendar year to expressly advocate the nomination, 8 election, or defeat of a candidate for public office, make an 9 electioneering communication, or to expressly advocate the 10 passage or defeat of a ballot issue. 11 c. A person, other than an individual, that accepts 12 contributions in excess of one thousand two hundred fifty 13 dollars in the aggregate, makes expenditures in excess of 14 one thousand two hundred fifty dollars in the aggregate, or 15 incurs indebtedness in excess of one thousand two hundred fifty 16 dollars in the aggregate in any one calendar year to expressly 17 advocate that an individual should or should not seek election 18 to a public office prior to the individual becoming a candidate 19 as defined in subsection 4 . > 20 5. Page 2, after line 25 by inserting: 21 < Sec. ___. Section 68A.402, subsection 9, Code 2026, is 22 amended to read as follows: 23 9. a. Permanent organizations. A permanent organization 24 temporarily engaging in activity described in section 68A.102, 25 subsection 18 , shall organize a political committee and shall 26 keep the funds relating to that political activity segregated 27 from its operating funds. The political committee shall file 28 reports on the appropriate due dates as required by this 29 section . 30 b. The reports filed under this subsection shall identify 31 the all of the following: 32 (1) The source of the original funds used for a contribution 33 made to a candidate or a committee organized under this 34 chapter . 35 -4- SF 2204.3455 (2) 91 ss/ns 4/ 9 #5.
(2) The aggregate amount of contributions made by each 1 person. 2 (3) Each loan received from any person during the reporting 3 period. 4 (4) The amount and nature of debts and obligations owed to 5 the committee. 6 (5) Proceeds that total less than thirty-five dollars 7 per person from mass collections made at fund-raising events 8 sponsored by the committee. 9 (6) The total sum of contributions received by the committee 10 for a specified candidate or committee. 11 (7) The full name, mailing address, occupation, and 12 principal place of business, if any, of each person or 13 committee to whom an expenditure has been made during the 14 reporting period, including the amount, date, and purpose of 15 each expenditure and the total amount of expenditures to each 16 person or committee. 17 (8) The full name, mailing address, occupation, and 18 principal place of business, if any, of each person to whom an 19 expenditure for personal services, salaries, and reimbursement 20 of expenses has been made, including the amount, date, 21 and purpose of that expenditure, and the total amount of 22 expenditures made to each person. 23 (9) The total sum of expenditures made during the reporting 24 period. 25 (10) The full name, mailing address, occupation, and 26 principal place of business, if any, of any person to whom a 27 loan was made, and the full name, mailing address, occupation, 28 and principal place of business, if any, of any endorsers, and 29 the date and amount of each loan. 30 (11) The amount and nature of debts and obligations owed by 31 the committee. 32 (12) Other information as may be required by the board by 33 rule. 34 (13) For reports of expenditures made to a consultant, 35 -5- SF 2204.3455 (2) 91 ss/ns 5/ 9
advertising agency, polling firm, or other person that performs 1 services for the committee, the report shall be itemized 2 and described in sufficient detail to disclose the specific 3 services performed by the entity. 4 c. When the permanent organization ceases to be involved 5 in the political activity, the permanent organization shall 6 dissolve the political committee. 7 d. As used in this subsection , “permanent organization” 8 means an organization that is continuing, stable, and enduring, 9 and was originally organized for purposes other than engaging 10 in election activities. 11 Sec. ___. Section 68A.402A, subsection 1, paragraphs f and 12 g, Code 2026, are amended to read as follows: 13 f. The name and mailing address of each person and committee 14 to whom disbursements , payments for personal services, 15 salaries, reimbursement for expenses, or loan repayments 16 have been made by the committee from contributions during 17 the reporting period and the amount, purpose, and date of 18 each disbursement except that disbursements of less than five 19 dollars may be shown as miscellaneous disbursements so long as 20 the aggregate miscellaneous disbursements to any one person 21 during a calendar year do not exceed one hundred dollars. 22 Reports of disbursements under this paragraph must be itemized 23 and sufficiently detailed to disclose the specific services 24 performed by the person to whom a disbursement was made. 25 g. Disbursements made to a consultant , advertising agency, 26 or polling firm and disbursements made by the consultant , 27 advertising agency, or polling firm during the reporting 28 period disclosing the name and address of the recipient, 29 amount, purpose, and date. Reports of disbursements under 30 this paragraph must be itemized and sufficiently detailed to 31 disclose the specific services performed by the entity to whom 32 a disbursement was made. 33 Sec. ___. Section 68A.402A, subsection 1, Code 2026, is 34 amended by adding the following new paragraph: 35 -6- SF 2204.3455 (2) 91 ss/ns 6/ 9
NEW PARAGRAPH . l. The total sum of disbursements made. > 1 6. Page 3, after line 17 by inserting: 2 < Sec. ___. NEW SECTION . 68A.404A Electioneering 3 communications —— reports. 4 1. A person making an electioneering communication shall 5 file a report with the board, including a description of the 6 communication, how the communication was distributed, and 7 the amount of any expenditure made on the electioneering 8 communication, except that a person spending less than two 9 hundred fifty dollars on electioneering communications in a 10 taxable year shall not be required to file a report. 11 2. The board shall adopt rules for the form and schedule of 12 reports filed under this section. 13 Sec. ___. Section 68A.405, subsection 1, paragraphs b, c, d, 14 e, f, g, and h, Code 2026, are amended to read as follows: 15 b. (1) Except as set out in subsection 2 , published 16 material designed to expressly advocate the nomination, 17 election, or defeat of a candidate for public office or 18 the passage or defeat of a ballot issue and electioneering 19 communications shall include on the published material 20 or electioneering communication an attribution statement 21 disclosing who is responsible for the published material or 22 electioneering communication . 23 (2) The person who is responsible for the published material 24 or electioneering communication has the sole responsibility 25 and liability for the attribution statement required by this 26 section. 27 c. If the person paying for the published material or 28 electioneering communication is an individual, the words “paid 29 for by” and the name and address of the person shall appear on 30 the published material or electioneering communication . 31 d. If more than one individual is responsible, the words 32 “paid for by”, the names of the individuals, and either 33 the addresses of the individuals or a statement that the 34 addresses of the individuals are on file with the Iowa ethics 35 -7- SF 2204.3455 (2) 91 ss/ns 7/ 9 #6.
and campaign disclosure board shall appear on the published 1 material or electioneering communication . 2 e. If the person responsible is an organization, the words 3 “paid for by”, the name and address of the organization, and 4 the name of one officer of the organization shall appear on the 5 published material or electioneering communication . 6 f. If the person responsible is a corporation, the words 7 “paid for by”, the name and address of the corporation, and the 8 name and title of the corporation’s chief executive officer 9 shall appear on the published material or electioneering 10 communication . 11 g. If the person responsible is a committee that has filed 12 a statement of organization pursuant to section 68A.201 , the 13 words “paid for by” and the name of the committee shall appear 14 on the published material or electioneering communication . 15 h. If the published material or electioneering communication 16 is the result of an independent expenditure subject to section 17 68A.404 , the published material or electioneering communication 18 shall include a statement that the published material or 19 electioneering communication was not authorized by any 20 candidate, candidate’s committee, or ballot issue committee. 21 Sec. ___. Section 68A.405, subsection 2, paragraph d, Code 22 2026, is amended to read as follows: 23 d. Any published material or electioneering communication 24 that is subject to federal regulations regarding an attribution 25 requirement. 26 Sec. ___. Section 68A.405, subsection 4, Code 2026, is 27 amended to read as follows: 28 4. The board shall adopt rules relating to the placing of an 29 attribution statement on published materials and electioneering 30 communication . > 31 7. By renumbering as necessary. 32 -8- SF 2204.3455 (2) 91 ss/ns 8/ 9
______________________________ JANET PETERSEN -9- SF 2204.3455 (2) 91 ss/ns 9/ 9