House File 105
HOUSE FILE
BY JOCHUM, FALLON, HEDDENS,
GREIMANN, T. TAYLOR, KUHN,
MERTZ, LENSING, WINCKLER,
MASCHER, SHOULTZ, D. TAYLOR,
WHITAKER, FREVERT, SMITH,
and WHITEAD
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the Iowa clean elections Act and providing an
2 effective date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1482HH 80
5 jj/cf/24
PAG LIN
1 1 Section 1. NEW SECTION. 56.6A ELECTRONIC FILING.
1 2 Reports filed with the board pursuant to the requirements
1 3 of section 56.6 shall be filed in an electronic format if a
1 4 candidate or committee accepts contributions in excess of
1 5 twenty thousand dollars in the aggregate, makes expenditures
1 6 in excess of twenty thousand dollars in the aggregate, or
1 7 incurs indebtedness in excess of twenty thousand dollars in
1 8 the aggregate.
1 9 Sec. 2. NEW SECTION. 56.13A MEDIA REPORTS.
1 10 1. a. Publishers of print and electronic media shall
1 11 record all purchases of print space and electronic media time
1 12 or space related to advertisements that expressly advocate the
1 13 election or defeat of a clearly identified candidate or the
1 14 passage or defeat of a ballot issue.
1 15 b. Publishers shall file monthly reports of activity
1 16 covered by this section with the board, due at the board or
1 17 postmarked by the fifth day of each month following any month
1 18 in which media space or time has been purchased related to
1 19 advertisements that expressly advocate the election or defeat
1 20 of a clearly identified candidate or the passage or defeat of
1 21 a ballot issue.
1 22 c. The reports shall contain a detailed listing of at
1 23 least the following information:
1 24 (1) Identification of the persons buying the media space
1 25 or time.
1 26 (2) Identification of the candidate or ballot issue that
1 27 is clearly identified in the advertisement.
1 28 (3) Description of the position advocated by the persons
1 29 buying the media space or time with regard to the clearly
1 30 identified candidate or ballot issue.
1 31 (4) The dates on which the purchase took place, and the
1 32 dates for which the media space or time was purchased.
1 33 (5) The cost of the media space or time.
1 34 2. The filing requirements of this section shall apply in
1 35 addition to any other applicable filing requirements under
2 1 this chapter.
2 2 3. The board shall develop, prescribe, furnish, and
2 3 distribute forms for the media reports.
2 4 Sec. 3. NEW SECTION. 56.100 DEFINITIONS.
2 5 For the purposes of this subchapter:
2 6 1. "Allowable contribution" means a qualifying
2 7 contribution or a seed money contribution.
2 8 2. "Board" means the Iowa ethics and campaign disclosure
2 9 board established under section 68B.32.
2 10 3. "Clean money qualifying period" means the period during
2 11 which candidates are permitted to collect qualifying
2 12 contributions in order to qualify for clean money funding.
2 13 The period begins ninety days before the beginning of the
2 14 primary election campaign period and ends thirty days before
2 15 the beginning of the primary election campaign period.
2 16 4. "Coordination" means a payment made for a communication
2 17 or anything of value that is for the purpose of influencing
2 18 the outcome of an election and that is made by a person
2 19 according to at least one of the following:
2 20 a. In cooperation, consultation, or concert with, at the
2 21 request or suggestion of, or pursuant to, a particular
2 22 understanding with a candidate, a candidate's authorized
2 23 committee, or an agent acting on behalf of a candidate or
2 24 authorized committee.
2 25 b. For the dissemination, distribution, or republication,
2 26 in whole or in part, of any broadcast or any written, graphic,
2 27 or other form of campaign material prepared by a candidate, a
2 28 candidate's committee, or an agent of a candidate or
2 29 candidate's committee.
2 30 c. Based on specific information about the candidate's
2 31 plans, projects, or needs provided to the person making the
2 32 payment by the candidate or the candidate's agent who provides
2 33 the information with a view toward having the payment made.
2 34 d. If, in the same election cycle in which the payment is
2 35 made, the person making the payment is serving or has served
3 1 as a member, employee, fund=raiser, or agent of the
3 2 candidate's committee in an executive or policymaking
3 3 position.
3 4 e. If the person making the payment has served in any
3 5 formal policy or advisory position with the candidate's
3 6 campaign or has participated in strategic or policymaking
3 7 discussions with the candidate's campaign relating to the
3 8 candidate's pursuit of nomination for election, or election,
3 9 to office, in the same election cycle as the election cycle in
3 10 which the payment is made.
3 11 f. If the person making the payment retains the
3 12 professional services of an individual or person who, in a
3 13 nonministerial capacity, has provided or is providing
3 14 campaign=related services in the same election cycle to a
3 15 candidate who is pursuing the same nomination or election as
3 16 any of the candidates to whom the communication refers. For
3 17 purposes of this section, "professional services" includes
3 18 services in support of a candidate's pursuit of nomination for
3 19 election or election to office such as polling, media advice,
3 20 direct mail, fund=raising, or campaign research.
3 21 5. "Excess expenditure amount" means the amount of money
3 22 spent or obligated to be spent by a nonparticipating candidate
3 23 in excess of the clean money amount available to a
3 24 participating candidate running for the same office.
3 25 6. "Express advocacy" means the same as defined in section
3 26 56.2.
3 27 7. "General election campaign period" means the period
3 28 beginning the day after the primary election and ending on the
3 29 day of the general election.
3 30 8. "Independent candidate" means a candidate who does not
3 31 represent a political party that has been granted ballot
3 32 status and holds a primary election to choose its nominee for
3 33 the general election.
3 34 9. "Independent expenditure" means an expenditure made by
3 35 a person or group of persons other than a candidate or
4 1 candidate's committee that meets both of the following
4 2 conditions:
4 3 a. The expenditure is made for a communication that
4 4 contains express advocacy.
4 5 b. The expenditure is made without the participation or
4 6 cooperation of and without coordination with a candidate or a
4 7 candidate's committee.
4 8 10. "Issue advertisement" means a communication through a
4 9 broadcasting station, newspaper, magazine, outdoor advertising
4 10 facility, mailing, or any other type of general public
4 11 political advertising that has all of the following
4 12 characteristics:
4 13 a. The purchase does not constitute an independent
4 14 expenditure or a contribution.
4 15 b. The cost, in the aggregate, is at least five hundred
4 16 dollars.
4 17 c. The communication contains the name or likeness of one
4 18 or more candidates.
4 19 d. The communication was made during a primary or general
4 20 election period.
4 21 e. The communication recommends a position on a political
4 22 issue.
4 23 11. "Nonparticipating candidate" means a candidate who is
4 24 on the ballot but has chosen not to apply for clean money
4 25 campaign funding, or a candidate who is on the ballot and has
4 26 applied for but has not satisfied the requirements for
4 27 receiving clean money funding.
4 28 12. "Participating candidate" means a candidate who
4 29 qualifies for clean money campaign funding. Such candidates
4 30 are eligible to receive clean money funding during primary or
4 31 general election campaign periods.
4 32 13. "Party candidate" means a candidate who represents a
4 33 political party as defined by section 43.2.
4 34 14. "Primary election campaign period" means the period
4 35 beginning ninety days before the primary election and ending
5 1 on the day of the primary election.
5 2 15. "Qualifying contribution" means a contribution of five
5 3 dollars that is received during the designated clean money
5 4 qualifying period by a candidate seeking to become eligible
5 5 for clean money campaign funding and that is acknowledged by a
5 6 written receipt identifying the contributor.
5 7 16. "Seed money contribution" means a contribution of no
5 8 more than one hundred dollars made by an individual adult
5 9 during the seed money period, but specifically excludes all of
5 10 the following:
5 11 a. Payments by a membership organization for the costs of
5 12 communications to its members.
5 13 b. Payments by a membership organization for the purpose
5 14 of facilitating the making of qualifying contributions.
5 15 c. Volunteer activity, including the payment of incidental
5 16 expenses by volunteers.
5 17 17. "Seed money period" means the period beginning the day
5 18 following the previous general election for that office and
5 19 ending on the last day of the clean money qualifying period.
5 20 This is the exploratory period during which candidates who
5 21 wish to become eligible for clean money funding for the next
5 22 elections are permitted to raise and spend a limited amount of
5 23 private seed money, from contributions of up to one hundred
5 24 dollars per individual, for the purpose of determining whether
5 25 to become a candidate and fulfilling the clean money
5 26 eligibility requirements.
5 27 Sec. 4. NEW SECTION. 56.101 ELIGIBILITY FOR PARTY
5 28 CANDIDATES.
5 29 1. A party candidate qualifies as a participating
5 30 candidate for the primary election campaign period if the
5 31 candidate does both of the following:
5 32 a. The candidate files a declaration with the board that
5 33 the candidate has complied and will comply with all of the
5 34 requirements of this subchapter, including the requirement
5 35 that during the seed money period and the clean money
6 1 qualifying period the candidate not accept or spend private
6 2 contributions from any source other than seed money
6 3 contributions and clean money qualifying contributions, unless
6 4 the provisions of section 56.103 apply.
6 5 b. The candidate meets both of the following qualifying
6 6 contribution requirements before the close of the clean money
6 7 qualifying period:
6 8 (1) A party candidate must collect both qualifying
6 9 contributions and signatures as follows:
6 10 (a) For the office of governor, from five hundred
6 11 registered voters in each congressional district.
6 12 (b) For statewide office other than governor, from two
6 13 hundred fifty registered voters in each congressional
6 14 district.
6 15 (c) For the Iowa senate, from two hundred registered
6 16 voters in the senate candidate's electoral district.
6 17 (d) For the Iowa house of representatives from one hundred
6 18 registered voters in the house candidate's electoral district.
6 19 (2) Each qualifying contribution must meet all
6 20 requirements of this section.
6 21 2. Contributors shall be registered voters who reside
6 22 within the candidate's electoral district and who are
6 23 therefore eligible to vote for that candidate.
6 24 3. Qualifying contributions shall be:
6 25 a. Made in cash or by check or money order.
6 26 b. Gathered by candidates themselves or by volunteers who
6 27 do not receive compensation.
6 28 c. Acknowledged by a receipt to the contributor, with a
6 29 copy to be kept by the candidate and a third copy to be
6 30 submitted to the board. The receipt shall indicate, by the
6 31 contributor's signature, that the contributor understands that
6 32 the purpose of the contribution is to help the candidate
6 33 qualify for clean money campaign funding, and shall include a
6 34 signed statement indicating that the contribution is made
6 35 without coercion or reimbursement. The receipt shall include
7 1 the contributor's signature, printed name, home address, and
7 2 telephone number, and the name of the candidate on whose
7 3 behalf the contribution is made.
7 4 d. Turned over to the board for deposit in the clean money
7 5 fund established under section 56.122, with the signed and
7 6 completed receipt, according to a schedule and procedure to be
7 7 determined by the board. A contribution submitted as a
7 8 qualifying contribution that does not include the signed and
7 9 completed receipt shall not be counted as a qualifying
7 10 contribution.
7 11 4. A party candidate qualifies as a participating
7 12 candidate for the general election campaign period when the
7 13 candidate does both of the following:
7 14 a. The candidate has met all of the applicable
7 15 requirements and filed a declaration with the board that the
7 16 candidate has fulfilled and will fulfill all of the
7 17 requirements of a participating candidate as stated in this
7 18 subchapter.
7 19 b. As a participating candidate during the primary
7 20 election campaign period, the candidate had the highest number
7 21 of votes of the candidates contesting the primary election
7 22 from the candidate's respective party and won the party's
7 23 nomination.
7 24 Sec. 5. NEW SECTION. 56.102 ELIGIBILITY FOR INDEPENDENT
7 25 CANDIDATES.
7 26 1. An independent candidate qualifies as a participating
7 27 candidate for the primary election campaign period if the
7 28 candidates does both of the following:
7 29 a. The candidate files a declaration with the board that
7 30 the candidate has complied and will comply with all of the
7 31 requirements of this subchapter, including the requirement
7 32 that during the seed money period and the clean money
7 33 qualifying period the candidate not accept or spend private
7 34 contributions from any source other than seed money
7 35 contributions and clean money qualifying contributions, unless
8 1 the provisions of section 56.103 apply.
8 2 b. The candidate meets the following qualifying
8 3 contribution requirements before the close of the clean money
8 4 qualifying period:
8 5 (1) An independent candidate shall collect the same number
8 6 of qualifying contributions as required of a party candidate
8 7 for the same office under section 56.101.
8 8 (2) Each qualifying contribution must meet all
8 9 requirements of this section.
8 10 2. Contributors shall be registered voters who reside
8 11 within the candidate's electoral district and who are
8 12 therefore eligible to vote for that candidate.
8 13 3. Qualifying contributions shall be:
8 14 a. Made in cash or by check or money order.
8 15 b. Gathered by candidates themselves or by volunteers who
8 16 do not receive compensation.
8 17 c. Acknowledged by a receipt to the contributor, with a
8 18 copy to be kept by the candidate and a third copy to be
8 19 submitted to the board. The receipt shall indicate, by the
8 20 contributor's signature, that the contributor understands that
8 21 the purpose of the contribution is to help the candidate
8 22 qualify for clean money campaign funding, and shall include a
8 23 signed statement indicating that the contribution is made
8 24 without coercion or reimbursement. The receipt shall include
8 25 the contributor's signature, printed name, home address, and
8 26 telephone number, and the name of the candidate on whose
8 27 behalf the contribution is made.
8 28 d. Turned over to the board for deposit in the clean money
8 29 fund established under section 56.122, with the signed and
8 30 completed receipt, according to a schedule and procedure to be
8 31 determined by the board. A contribution submitted as a
8 32 qualifying contribution that does not include the signed and
8 33 completed receipt shall not be counted as a qualifying
8 34 contribution.
8 35 4. An independent candidate qualifies as a participating
9 1 candidate for the general election campaign period when the
9 2 candidate does both of the following:
9 3 a. If, prior to the primary election, the candidate has
9 4 met all of the applicable requirements of this subchapter and
9 5 filed a declaration with the board that the candidate has
9 6 fulfilled and will fulfill all of the requirements of a
9 7 participating candidate as stated in this subchapter.
9 8 b. If, during the primary election campaign period, the
9 9 candidate has fulfilled all the requirements of a
9 10 participating candidate as stated in this subchapter.
9 11 Sec. 6. NEW SECTION. 56.103 TRANSITION RULE FOR CURRENT
9 12 ELECTION CYCLE.
9 13 During the election cycle in effect on the date of
9 14 enactment of this subchapter, a candidate may be certified as
9 15 a participating candidate, notwithstanding the acceptance of
9 16 contributions or making of expenditures from private funds
9 17 before the date of enactment that would, absent this section,
9 18 disqualify the candidate as a participating candidate,
9 19 provided that any private funds accepted but not expended
9 20 before the date of enactment of this subchapter shall either
9 21 be returned to the contributor or submitted to the board for
9 22 deposit in the clean money fund established under section
9 23 56.122.
9 24 Sec. 7. NEW SECTION. 56.104 CONTINUING OBLIGATION TO
9 25 COMPLY.
9 26 A participating candidate who accepts any benefits under
9 27 section 56.112 during the primary election campaign period
9 28 shall comply with all the requirements of this subchapter
9 29 through any remaining time during the primary election
9 30 campaign period as well as through the general election
9 31 campaign period whether or not the candidate continues to
9 32 accept benefits.
9 33 Sec. 8. NEW SECTION. 56.105 CONTRIBUTIONS AND
9 34 EXPENDITURES.
9 35 1. During the primary and general election campaign
10 1 periods, a participating candidate who has voluntarily agreed
10 2 to participate in clean money financing shall not accept
10 3 private contributions from any source other than the
10 4 candidate's political party as specified in section 56.107.
10 5 2. Notwithstanding section 56.12, a person shall not make
10 6 a contribution in the name of another person. A participating
10 7 candidate who receives a qualifying contribution or a seed
10 8 money contribution that is not from the person listed on the
10 9 receipt as required by this subchapter shall be liable to pay
10 10 to the board for deposit in the clean money fund established
10 11 under section 56.122 the entire amount of such contribution,
10 12 in addition to any penalties.
10 13 3. During the primary and general election campaign
10 14 periods, a participating candidate shall pay by means of the
10 15 board's clean money debit card.
10 16 4. Eligible candidates shall furnish complete campaign
10 17 records, including all records of seed money contributions and
10 18 qualifying contributions, to the board at regular filing
10 19 times, or on request by the board. Candidates must cooperate
10 20 with any audit or examination conducted or ordered by the
10 21 board.
10 22 Sec. 9. NEW SECTION. 56.106 NONPARTICIPATING CANDIDATES
10 23 == CONTRIBUTION LIMITS.
10 24 Nonparticipating candidates shall be subject to the
10 25 following contribution limits:
10 26 1. Candidates for statewide office:
10 27 a. One thousand dollars in the aggregate per individual
10 28 contribution.
10 29 b. Five thousand dollars in the aggregate per political
10 30 committee contribution.
10 31 2. Candidates for the Iowa senate and house of
10 32 representatives:
10 33 a. Five hundred dollars in the aggregate per individual
10 34 contribution.
10 35 b. One thousand dollars in the aggregate per political
11 1 committee contribution.
11 2 Sec. 10. NEW SECTION. 56.107 POLITICAL PARTY
11 3 CONTRIBUTIONS AND EXPENDITURES.
11 4 1. Participating candidates may accept monetary or in=kind
11 5 contributions from political parties provided that the
11 6 aggregate amount of such contributions from all political
11 7 party committees combined does not exceed the equivalent of
11 8 five percent of the clean money financing amount for that
11 9 office.
11 10 2. In=kind contributions made during a general election
11 11 campaign period on behalf of a group of the party's candidates
11 12 shall not be considered a prohibited party contribution or
11 13 count against the five percent limit established in subsection
11 14 1 if such group includes at least fifty=one percent of the
11 15 candidates whose names will appear on the general election
11 16 ballot in the political subdivision represented by the party
11 17 committee making such in=kind contributions.
11 18 3. Contributions made to, and expenditures made by,
11 19 political parties during primary and general campaign periods
11 20 shall be reported to the board on the same basis as
11 21 contributions and expenditures made to or by candidates.
11 22 4. This section and this subchapter shall not prevent
11 23 political party funds from being used for any of the
11 24 following:
11 25 a. General operating expenses of the party.
11 26 b. Conventions.
11 27 c. Nominating and endorsing candidates.
11 28 d. Identifying, researching, and developing the party's
11 29 positions on issues.
11 30 e. Party platform activities.
11 31 f. Non=candidate=specific voter registration.
11 32 g. Non=candidate=specific get=out=the=vote drives.
11 33 h. Travel expenses for noncandidate party leaders and
11 34 staff.
11 35 i. Other non=candidate=specific party=building activities,
12 1 as defined by rule of the board.
12 2 Sec. 11. NEW SECTION. 56.108 USE OF PERSONAL FUNDS.
12 3 1. Personal funds contributed as seed money by a candidate
12 4 seeking to become eligible as a participating candidate or by
12 5 the candidate's spouse shall not exceed one hundred dollars
12 6 per contributor.
12 7 2. Personal funds shall not be used to meet the qualifying
12 8 contribution requirement except for one five dollar
12 9 contribution from the candidate and one five dollar
12 10 contribution from the candidate's spouse.
12 11 Sec. 12. NEW SECTION. 56.109 SEED MONEY.
12 12 1. The only private contributions a candidate seeking to
12 13 become eligible for clean money funding shall accept, other
12 14 than qualifying contributions, are seed money contributions
12 15 contributed by individual adults prior to the end of the clean
12 16 money qualifying period.
12 17 2. A seed money contribution shall not exceed one hundred
12 18 dollars, and the aggregate amount of seed money contributions
12 19 accepted by a candidate seeking to become eligible for clean
12 20 money funding shall not exceed the relevant limit, as follows:
12 21 a. Twenty=five thousand dollars for a candidate team
12 22 running for governor and lieutenant governor.
12 23 b. Fifteen thousand dollars for a candidate team running
12 24 for statewide office other than governor or lieutenant
12 25 governor.
12 26 c. Two thousand dollars for a candidate running for the
12 27 Iowa senate.
12 28 d. One thousand dollars for a candidate running for the
12 29 Iowa house of representatives.
12 30 3. Receipts for seed money contributions shall include the
12 31 contributor's signature, printed name, street address and zip
12 32 code, telephone number, occupation, and name of employer.
12 33 Contributions shall not be accepted if the required disclosure
12 34 information is not received.
12 35 4. Seed money shall be spent only during the clean money
13 1 qualifying period. Seed money shall not be spent during the
13 2 primary or general election campaign periods.
13 3 5. Within forty=eight hours after the close of the clean
13 4 money qualifying period, candidates seeking to become eligible
13 5 for clean money funding shall do both of the following:
13 6 a. Fully disclose all seed money contributions and
13 7 expenditures to the board.
13 8 b. Turn over to the board for deposit in the clean money
13 9 fund any seed money the candidate has raised during the
13 10 designated seed money period that exceeds the aggregate seed
13 11 money limit.
13 12 Sec. 13. NEW SECTION. 56.110 PARTICIPATION IN DEBATES.
13 13 1. Participating candidates in contested races shall
13 14 participate in all of the following:
13 15 a. For the offices of governor and lieutenant governor:
13 16 (1) One one=hour debate during a contested primary
13 17 election.
13 18 (2) Two one=hour debates during a contested general
13 19 election.
13 20 b. For all other offices:
13 21 (1) One one=hour debate during a contested primary
13 22 election.
13 23 (2) One one=hour debate during a contested general
13 24 election.
13 25 2. Licensed broadcasters who receive any state funds shall
13 26 be required to publicly broadcast the debates held pursuant to
13 27 this section and section 56.121.
13 28 3. Nonparticipating candidates for the same office whose
13 29 names will appear on the ballot shall be invited to join the
13 30 debates.
13 31 Sec. 14. NEW SECTION. 56.111 CERTIFICATION.
13 32 1. No more than five days after a candidate applies for
13 33 clean money benefits, the board shall certify that the
13 34 candidate is or is not eligible.
13 35 2. Eligibility can be revoked if the candidate violates
14 1 the requirements of this subchapter, in which case all clean
14 2 money funds shall be repaid.
14 3 3. The candidate's request for certification shall be
14 4 signed by the candidate and the treasurer of the candidate's
14 5 committee under penalty of perjury.
14 6 4. The board's determination is final except that it is
14 7 subject to examination and audit by an outside agency
14 8 according to rule and to prompt judicial review according to
14 9 rule and chapter 17A.
14 10 Sec. 15. NEW SECTION. 56.112 BENEFITS PROVIDED TO
14 11 CANDIDATES ELIGIBLE TO RECEIVE CLEAN MONEY.
14 12 1. Candidates who qualify for clean money funding for
14 13 primary and general elections shall receive all of the
14 14 following:
14 15 a. Clean money funding from the board for each election,
14 16 the amount of which is specified in section 56.114. This
14 17 funding may be used to finance any and all campaign expenses
14 18 during the particular campaign period for which it was
14 19 received.
14 20 b. Media benefits as provided for in section 56.121.
14 21 c. Additional clean money funding to match any excess
14 22 expenditure amount spent by a nonparticipating candidate, as
14 23 specified in section 56.116.
14 24 d. Additional clean money funding to match any independent
14 25 expenditure made in opposition to their candidacies or on
14 26 behalf of their opponents' candidacies, as specified in
14 27 section 56.118.
14 28 e. Additional clean money funding to match any issue
14 29 advertisement expenditure, as specified in section 56.119.
14 30 2. The maximum aggregate amount of additional funding a
14 31 participating candidate shall receive to match independent
14 32 expenditures and the excess expenditures of nonparticipating
14 33 candidates shall be two hundred percent of the full amount of
14 34 clean money funding allocated to a participating candidate for
14 35 a particular primary or general election campaign period.
15 1 Sec. 16. NEW SECTION. 56.113 SCHEDULE OF CLEAN MONEY
15 2 PAYMENTS.
15 3 1. An eligible candidate shall receive clean money funding
15 4 for the primary election campaign period on the date on which
15 5 the board certifies the candidate as a participating
15 6 candidate. This certification shall take place no later than
15 7 five days after the candidate has submitted the required
15 8 number of qualifying contributions and a declaration stating
15 9 that the candidate has complied with all other requirements
15 10 for eligibility as a participating candidate, but no earlier
15 11 than the beginning of the primary election campaign period.
15 12 2. An eligible candidate shall receive clean money funding
15 13 for the general election campaign period within forty=eight
15 14 hours after certification of the primary election results.
15 15 Sec. 17. NEW SECTION. 56.114 DETERMINATION OF CLEAN
15 16 MONEY AMOUNTS.
15 17 1. a. For party candidates, the amount of clean money
15 18 funding for a contested primary election is as follows:
15 19 (1) Seven hundred fifty thousand dollars for a candidate
15 20 team running for governor and lieutenant governor.
15 21 (2) Seventy=five thousand dollars for a candidate for
15 22 attorney general.
15 23 (3) Fifty thousand dollars for a candidate for statewide
15 24 office other than governor, lieutenant governor, or attorney
15 25 general.
15 26 (4) Twenty=two thousand five hundred dollars for a
15 27 candidate running for the Iowa senate.
15 28 (5) Fifteen thousand dollars for a candidate running for
15 29 the Iowa house of representatives.
15 30 b. The clean money amount for an eligible party candidate
15 31 in an uncontested primary election is twenty=five percent of
15 32 the amount provided in a contested primary election.
15 33 c. In a contested general election, if an eligible party
15 34 candidate or all of the candidates of the candidate's party
15 35 combined received at least twenty percent of the total number
16 1 of votes cast for all candidates seeking that office in the
16 2 just=held primary election or in the previous general
16 3 election, the candidate shall receive the full amount of clean
16 4 money funding for the general election, as follows:
16 5 (1) Three million dollars for a candidate team running for
16 6 governor and lieutenant governor.
16 7 (2) Two hundred thousand dollars for a candidate for
16 8 attorney general.
16 9 (3) One hundred twenty=five thousand dollars for a
16 10 candidate for statewide office other than governor, lieutenant
16 11 governor, or attorney general.
16 12 (4) Forty thousand dollars for a candidate running for the
16 13 Iowa senate.
16 14 (5) Thirty thousand dollars for a candidate running for
16 15 the Iowa house of representative.
16 16 d. The clean money amount for an eligible party candidate
16 17 in an uncontested general election is ten percent of the
16 18 amount provided in a contested general election for the same
16 19 office.
16 20 2. a. For eligible independent candidates, the clean
16 21 money amount for a primary election is twenty=five percent of
16 22 the amount received by a party candidate in a contested
16 23 primary election.
16 24 b. The clean money amount for an eligible independent
16 25 candidate in the general election is the same as the full
16 26 amount received by a party candidate in the general election.
16 27 c. After the first cycle of clean money elections, the
16 28 board shall modify all clean money amounts based on the
16 29 percentage increase in the consumer price index, for all urban
16 30 consumers, United States city average, as published in the
16 31 federal register by the United States department of labor,
16 32 bureau of labor statistics, that reflects the percentage
16 33 increase in the consumer price index for the twelve=month
16 34 period ending December 31 of the previous year.
16 35 Sec. 18. NEW SECTION. 56.115 EXPENDITURES MADE WITH
17 1 CLEAN MONEY FUNDS.
17 2 1. The clean money funding received by a participating
17 3 candidate shall be used only for the purpose of defraying that
17 4 candidate's campaign=related expenses during the particular
17 5 election campaign period for which the clean money funding was
17 6 received.
17 7 2. Payments shall not be used for the following:
17 8 a. Payments that are in violation of the law.
17 9 b. Payments that repay any personal, family, or business
17 10 loans, expenditures, or debts.
17 11 Sec. 19. NEW SECTION. 56.116 DISCLOSURE OF EXCESS
17 12 SPENDING BY NONPARTICIPATING CANDIDATES.
17 13 1. If a nonparticipating candidate's total expenditures
17 14 exceed the amount of clean money funding allocated to the
17 15 candidate's clean money opponent, the candidate shall declare
17 16 to the board within forty=eight hours every excess expenditure
17 17 amount that, in the aggregate, is more than one thousand
17 18 dollars.
17 19 2. During the last twenty days before the end of the
17 20 relevant campaign period, a nonparticipating candidate shall
17 21 declare to the board each excess expenditure amount over five
17 22 hundred dollars within twenty=four hours of when the
17 23 expenditure is made or obligated to be made.
17 24 3. The board may make its own determination as to whether
17 25 excess expenditures have been made by nonparticipating
17 26 candidates.
17 27 4. Upon receiving an excess expenditure declaration, the
17 28 board shall immediately release additional clean money funding
17 29 to the opposing participating candidate or candidates equal to
17 30 the excess expenditure amount the nonparticipating candidate
17 31 has spent or intends to spend, subject to the limit set forth
17 32 in section 56.112.
17 33 Sec. 20. NEW SECTION. 56.117 CAMPAIGN ADVERTISEMENTS.
17 34 All broadcast and print advertisements placed by candidates
17 35 or candidate's committees shall include a clear written or
18 1 spoken statement indicating that the candidate has approved of
18 2 the contents of the advertisement.
18 3 Sec. 21. NEW SECTION. 56.118 DISCLOSURE OF, AND
18 4 ADDITIONAL CLEAN MONEY TO RESPOND TO, INDEPENDENT
18 5 EXPENDITURES.
18 6 1. Any person or group of persons who makes or obligates
18 7 to make an independent expenditure during a primary or general
18 8 election campaign period which, in the aggregate, exceeds one
18 9 thousand dollars shall report each expenditure within forty=
18 10 eight hours to the board.
18 11 2. The report to the board shall include a statement,
18 12 under penalty of perjury, by the person or persons making the
18 13 independent expenditure identifying the candidate whom the
18 14 independent expenditure is intended to help elect or defeat
18 15 and affirming that the expenditure is totally independent and
18 16 involves no cooperation or coordination with a candidate or a
18 17 political party.
18 18 a. An individual or organization may file a complaint with
18 19 the board if the candidate or the organization believes that
18 20 the statement according to this subsection is false.
18 21 b. A hearing on a complaint under this subsection shall be
18 22 held within three business days of filing and a decision
18 23 issued within seven days of filing.
18 24 3. Any person or group of persons who makes or obligates
18 25 to make an independent expenditure during the last twenty days
18 26 before the end of the relevant campaign period which, in the
18 27 aggregate, exceeds five hundred dollars shall report each
18 28 expenditure within twenty=four hours to the board.
18 29 4. Upon receiving a report that an independent expenditure
18 30 has been made or obligated to be made, the board shall
18 31 immediately release additional clean money funding, equal in
18 32 amount to the cost of the independent expenditure, to all
18 33 participating candidates whom the independent expenditure is
18 34 intended to oppose or defeat provided that the maximum
18 35 aggregate amount of additional funding a participating
19 1 candidate shall receive to match independent expenditures and
19 2 the excess expenditures of nonparticipating candidates is no
19 3 more than two hundred percent of the full amount of clean
19 4 money funding allocated to a participating candidate in that
19 5 election.
19 6 Sec. 22. NEW SECTION. 56.119 DEFINITION AND DISCLOSURE
19 7 OF, AND ADDITIONAL CLEAN MONEY TO RESPOND TO, ISSUE
19 8 ADVERTISEMENTS.
19 9 1. A person who makes or obligates to make a disbursement
19 10 to purchase an issue advertisement shall file a report with
19 11 the board not later than forty=eight hours after making or
19 12 obligating to make the disbursement, containing the following
19 13 information:
19 14 a. The amount of the disbursement.
19 15 b. The name and address of the person making the
19 16 disbursement.
19 17 c. The purpose of the issue advertisement.
19 18 2. Upon receiving a report that an issue advertisement has
19 19 been made or obligated to be made, and upon determination that
19 20 the advertisement can reasonably be interpreted as having the
19 21 effect of promoting the defeat of a participating candidate or
19 22 the election of that candidate's opponent, the board shall
19 23 immediately release to that candidate additional clean money
19 24 funding, equal in amount to the cost of the issue
19 25 advertisement.
19 26 Sec. 23. NEW SECTION. 56.120 VOTER INFORMATION PROGRAM.
19 27 1. The board shall establish and administer a nonpartisan
19 28 voter information program, including an advisory council
19 29 consisting of representatives of nonprofit organizations,
19 30 political parties, the media, and interested citizens.
19 31 2. The voter information program advisory council shall be
19 32 authorized to establish a voter information program for the
19 33 purpose of providing voters with election=related information
19 34 and fostering political dialogue and debate.
19 35 3. The voter information program advisory council shall
20 1 organize the publication and distribution of a voter
20 2 information guide that includes important information about
20 3 the following issues:
20 4 a. Candidates appearing on the ballot, including
20 5 biographical material submitted by the candidates.
20 6 b. Whether candidates are funding their campaigns with
20 7 public money or private money.
20 8 c. Policy statements by the candidates or their political
20 9 parties on issues designated by the council and other issues.
20 10 d. Candidates' voting records.
20 11 Sec. 24. NEW SECTION. 56.121 BROADCAST DEBATES.
20 12 1. All public television and radio broadcast stations
20 13 funded in whole or in part by the state shall make available
20 14 free coverage for candidate debates in contested primary and
20 15 general elections. The minimum amount of time that
20 16 broadcasters shall broadcast, and participating candidates
20 17 shall participate in, shall be as follows:
20 18 a. For the office of governor and lieutenant governor:
20 19 (1) One one=hour debate during a contested primary
20 20 election.
20 21 (2) Two one=hour debates during a contested general
20 22 election.
20 23 b. For all other offices:
20 24 (1) One one=hour debate during a contested primary
20 25 election.
20 26 (2) One one=hour debate during a contested general
20 27 election.
20 28 2. All participating candidates shall participate in the
20 29 debates and all nonparticipating candidates for the same
20 30 office whose names will appear on the ballot must be invited
20 31 to join the debates.
20 32 Sec. 25. NEW SECTION. 56.122 CLEAN MONEY FUND == NATURE
20 33 AND PURPOSES.
20 34 1. A special clean money fund is established as a separate
20 35 fund within the state treasury, under the control of the
21 1 board, for the following purposes:
21 2 a. Providing public financing for the election campaigns
21 3 of certified participating candidates during primary, general,
21 4 and runoff campaign periods.
21 5 b. Paying for the administrative and enforcement costs of
21 6 the board in relation to this subchapter.
21 7 2. The fund shall consist of moneys received according to
21 8 section 56.123. Notwithstanding section 8.33, unencumbered or
21 9 unobligated moneys and any interest earned on moneys in the
21 10 fund on June 30 of any fiscal year shall not revert to the
21 11 general fund of the state but shall remain in the fund and
21 12 available for expenditure in subsequent years.
21 13 Sec. 26. NEW SECTION. 56.123 FUNDING.
21 14 1. In addition to any moneys appropriated by the general
21 15 assembly to the clean money fund established in section
21 16 56.122, the following moneys shall be deposited in the fund:
21 17 a. The qualifying contributions required of candidates
21 18 seeking to become certified as participating candidates
21 19 according to section 56.101 or 56.102 and candidates' excess
21 20 qualifying contributions.
21 21 b. The excess seed money contributions of candidates
21 22 seeking to become certified as participating candidates as
21 23 defined by section 56.100.
21 24 c. Moneys distributed to any participating candidate who
21 25 does not remain a candidate until the primary or general
21 26 election for which they were distributed.
21 27 d. Civil penalties levied by the board against candidates
21 28 for violations of this chapter.
21 29 e. Voluntary donations made directly to the clean money
21 30 fund.
21 31 f. Any other sources of revenue designated by the general
21 32 assembly.
21 33 2. The general assembly shall appropriate additional funds
21 34 as necessary to fully fund clean money payments required under
21 35 this subchapter.
22 1 Sec. 27. NEW SECTION. 56.124 POWERS AND PROCEDURES.
22 2 The board shall have the following powers and procedures,
22 3 in addition to those granted in this chapter and chapter 68B,
22 4 when administering this subchapter:
22 5 1. After every primary and general election, the board may
22 6 conduct random audits and investigations to ensure compliance
22 7 with this subchapter.
22 8 2. The subjects of audits and investigations shall be
22 9 selected on the basis of impartial criteria established by a
22 10 vote of at least three members of the board.
22 11 3. The board may investigate anonymous complaints.
22 12 4. Complainants may receive whistle blower protection.
22 13 5. The board may seek injunctions when all of the
22 14 following conditions are met:
22 15 a. There is a substantial likelihood that a violation of
22 16 this subchapter is occurring or is about to occur.
22 17 b. The failure to act expeditiously will result in
22 18 irreparable harm to a party affected by the potential
22 19 violation.
22 20 c. Expeditious action will not cause undue harm or
22 21 prejudice to the interests of others.
22 22 d. The public interest would be best served by the
22 23 issuance of an injunction.
22 24 6. The board may levy civil penalties for violations of
22 25 the law. Civil penalties shall be deposited in the clean
22 26 money fund.
22 27 7. The board shall refer criminal violations to the county
22 28 attorney or attorney general for prosecution.
22 29 8. The board may participate fully in any actions filed
22 30 under this section.
22 31 9. The board shall adopt rules pursuant to chapter 17A as
22 32 necessary to administer this subchapter, including a program
22 33 to implement a clean money debit card.
22 34 Sec. 28. NEW SECTION. 56.125 CIVIL ACTIONS.
22 35 1. A citizen who believes a candidate has violated the law
23 1 may pursue a civil action in a court of relevant jurisdiction,
23 2 provided that both of the following are true:
23 3 a. The citizen has previously filed a complaint regarding
23 4 the same alleged violation with the board.
23 5 b. The board has failed to make a determination within
23 6 thirty days of the filing of the complaint.
23 7 2. A party that wins a civil action charging a violation
23 8 of this subchapter shall be entitled to receive reasonable
23 9 attorney fees and court costs from the defendant.
23 10 3. If a court in which a civil action has been filed under
23 11 subsection 1 finds that the complaint in that action was made
23 12 frivolously or without cause, the court may require the
23 13 complainant to pay the costs of the board, the court, and the
23 14 defendant parties.
23 15 Sec. 29. NEW SECTION. 56.126 BOARD REPORTS.
23 16 1. The board shall report fully to the general assembly
23 17 after each election cycle.
23 18 2. The report shall include a detailed summary of all seed
23 19 money contributions, qualifying contributions, and benefits
23 20 received, and expenditures made, by all participating
23 21 candidates. The report shall also include a summary and
23 22 evaluation of the board's activities and recommendations
23 23 relating to the implementation, administration, and
23 24 enforcement of this subchapter.
23 25 Sec. 30. NEW SECTION. 56.127 REPAYMENTS OF EXCESS
23 26 EXPENDITURES.
23 27 1. If a participating candidate spends or obligates to
23 28 spend more than the clean money funding the candidate
23 29 receives, and if such is determined not to be an amount that
23 30 had or could have been expected to have a significant impact
23 31 on the outcome of the election, the candidate shall repay to
23 32 the clean money fund an amount equal to the excess.
23 33 2. If a participating candidate spends or obligates to
23 34 spend more than the clean money funding the candidate
23 35 receives, and if such is determined to be an amount that had
24 1 or could have been expected to have a significant impact on
24 2 the outcome of the election, the candidate shall repay to the
24 3 clean money fund an amount equal to five times the value of
24 4 the excess.
24 5 Sec. 31. NEW SECTION. 56.128 PENALTIES.
24 6 1. A candidate shall not knowingly accept more benefits
24 7 than those to which the candidate is entitled, spend more than
24 8 the amount of clean money funding received, or misuse such
24 9 benefits or clean money funding.
24 10 2. If a violation of subsection 1 was intentional and
24 11 involved an amount that had or could have been expected to
24 12 have a significant impact on the outcome of the election, the
24 13 candidate commits an aggravated misdemeanor.
24 14 3. If it is determined that the violation of subsection 1
24 15 was intentional and involved an amount that had or could have
24 16 been expected to have a significant impact on the outcome of
24 17 the election, and if, in the judgment of the board, the
24 18 violation is believed to have contributed to the violator
24 19 winning the election, the board may recommend to the general
24 20 assembly that the results of the election be nullified and a
24 21 new election called.
24 22 4. A person shall not provide false information to the
24 23 board or conceal or withhold information from the board. A
24 24 violation of this subsection is an aggravated misdemeanor.
24 25 Sec. 32. SEVERABILITY. The provisions of this Act are
24 26 severable as provided in section 4.12.
24 27 Sec. 33. EFFECTIVE DATE. This Act takes effect November
24 28 3, 2004.
24 29 Sec. 34. IMPLEMENTATION OF ACT. Section 25B.2, subsection
24 30 3, shall not apply to this Act.
24 31 EXPLANATION
24 32 This bill amends Code chapter 56, relating to campaign
24 33 finance law, to add a new subchapter relating to public
24 34 financing for certain political campaigns.
24 35 The bill enacts a "clean money" model for public financing,
25 1 and enacts new Code section 56.100, providing definitions for
25 2 key terms related to a clean money model.
25 3 New Code section 56.122 establishes a separate,
25 4 nonreverting fund in the state treasury for the clean money
25 5 fund, and new Code section 56.123 provides sources of revenue
25 6 for the fund.
25 7 New Code sections 56.101 and 56.102 specify eligibility
25 8 procedures for both party and independent candidates,
25 9 specifying the number and details for collection of qualifying
25 10 contributions.
25 11 New Code section 56.105 prohibits a participating candidate
25 12 from accepting private funding during the primary and general
25 13 election campaign periods other than certain permitted party
25 14 funding. Contributions in the name of another person are
25 15 prohibited and subject to payment to the board as are any
25 16 applicable penalties. The use of personal funds for seed
25 17 money or as qualifying contributions is limited by new Code
25 18 section 56.108.
25 19 New Code section 56.107 limits political party
25 20 contributions and expenditures on behalf of candidates.
25 21 New Code section 56.109 details the collection of private
25 22 contributions for use as seed money, limited to $100 per
25 23 individual contributor, and also limited in the aggregate in
25 24 differing amounts for candidates for governor and lieutenant
25 25 governor, for other statewide candidates, for Iowa senate
25 26 candidates, and for Iowa house of representatives candidates.
25 27 Seed money expenditures are limited to the clean money
25 28 qualifying period and seed money contributions and
25 29 expenditures must be fully disclosed at the end of the clean
25 30 money qualifying period.
25 31 New Code section 56.111 provides for a certification
25 32 process after a candidate applies for clean money benefits and
25 33 requires repayment of funds if eligibility is revoked. The
25 34 bill provides for audit and judicial review of the
25 35 certification decision.
26 1 New Code section 56.113 provides for a schedule of payments
26 2 to participating candidates, and new Code section 56.114
26 3 specifies differing total amounts for primary and general
26 4 elections for candidates for governor and lieutenant governor,
26 5 for other statewide candidates, for Iowa senate candidates,
26 6 and for Iowa house of representatives candidates. Alternate
26 7 amounts are provided for uncontested races. Clean money
26 8 payments must be used only for campaign=related expenses, and
26 9 cannot be used for payments in violation of law or to repay
26 10 personal or business loans, expenditures, or debts, pursuant
26 11 to new Code section 56.115.
26 12 Nonparticipating candidates must disclose within 48 hours
26 13 every expenditure in excess of the clean money funding
26 14 allocated to the candidate's participating opponent, that in
26 15 the aggregate is more than $1,000, pursuant to new Code
26 16 section 56.116. Contributions to nonparticipating candidates
26 17 are limited in Code section 56.106. Certain other reporting
26 18 requirements apply during the last 20 days of a campaign.
26 19 New Code section 56.112 provides certain benefits for
26 20 participating candidates, including specified amounts of
26 21 public funding pursuant to new Code section 56.114, mandatory
26 22 participation in debates on public television pursuant to new
26 23 Code sections 56.110 and 56.121, and additional limited public
26 24 funding to respond to certain excess expenditures by
26 25 nonparticipating candidates, independent expenditures, and
26 26 issue advertisement expenditures pursuant to Code sections
26 27 56.116, 56.118, and 56.119. Any candidate who accepts
26 28 benefits during the primary campaign must continue to comply
26 29 with the requirements of the public financing program, even if
26 30 the candidate stops accepting benefits of the program at any
26 31 point during the primary or general election according to new
26 32 Code section 56.104.
26 33 All candidates must include a statement with all
26 34 advertisements indicating that the candidate has approved of
26 35 the contents of the advertisement pursuant to new Code section
27 1 56.117.
27 2 Public television and radio stations receiving any state
27 3 funds must offer certain free coverage for candidate debates
27 4 pursuant to new Code section 56.121.
27 5 Persons making certain independent expenditures must report
27 6 such expenditures to the board, along with an affidavit
27 7 affirming that the expenditure has not been coordinated with
27 8 the candidate or party, pursuant to new Code section 56.117.
27 9 Alleged violations of the coordination affirmation are subject
27 10 to an expedited hearing procedure.
27 11 Persons making certain issue advertisements must also
27 12 report to the board pursuant to new Code section 56.119.
27 13 New Code section 56.120 provides that the board shall
27 14 administer a voter information program, including an advisory
27 15 council, to provide voters with election=related information,
27 16 including a voter guide with candidate biographical material,
27 17 policy statements, voting records, and whether the candidate
27 18 funds the campaign with public or private money.
27 19 New Code section 56.124 provides the board with certain
27 20 specific enforcement powers in relation to the new subchapter,
27 21 and new Code section 56.126 provides for an election cycle
27 22 report to the general assembly on the public funding program.
27 23 New Code section 56.125 creates a civil right of action for
27 24 citizens alleging that a candidate has violated the law.
27 25 Violations of the public funding program are subject to
27 26 aggravated misdemeanor penalties, pursuant to new Code section
27 27 56.128. New Code section 56.127 provides for repayment of
27 28 certain excess expenditures.
27 29 The bill provides for an effective date of November 3,
27 30 2004, which is the day after election day 2004, to allow the
27 31 new system to commence with a new campaign cycle. New Code
27 32 section 56.103 also provides guidelines for dealing with money
27 33 collected by candidates prior to the effective date of the
27 34 public financing program.
27 35 New Code section 56.6A requires electronic filing by any
28 1 candidate or committee that reaches a $20,000 threshold, and
28 2 publishers of print and electronic media must file reports of
28 3 media buys pursuant to new Code section 56.13A.
28 4 The bill may include a state mandate as defined in Code
28 5 section 25B.3. The bill makes inapplicable Code section
28 6 25B.2, subsection 3, which would relieve a political
28 7 subdivision from complying with a state mandate if funding for
28 8 the cost of the state mandate is not provided or specified.
28 9 Therefore, political subdivisions are required to comply with
28 10 any state mandate included in the bill.
28 11 LSB 1482HH 80
28 12 jj/cf/24