House File 364
HOUSE FILE
BY CONNORS, DANDEKAR, PETERSEN,
D. OLSON, MURPHY, MASCHER, BUKTA,
D. TAYLOR, GREIMANN, FOEGE, MILLER,
BERRY, FREVERT, GASKILL, WENDT,
WHITEAD, WHITAKER, QUIRK, STEVENS,
SHOULTZ, MYERS, FALLON, LENSING,
OSTERHAUS, WINCKLER, JOCHUM, and
T. TAYLOR
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to approval of campaign advertisements.
2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
3 TLSB 1921HH 80
4 jj/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 56.13A POLITICAL ADVERTISING ==
1 2 CANDIDATE APPROVAL.
1 3 1. As used in this section:
1 4 a. "Advertisement" means, in whole or in part, any
1 5 political solicitation or persuasion in or on a newspaper,
1 6 magazine, shopper publication, outdoor advertising facility,
1 7 poster, direct mailing, brochure, circular, electronic mail,
1 8 or any other form of printed general public political
1 9 solicitation or persuasion, or a communication by radio,
1 10 television, telephone, pictures, or similar means, used in
1 11 connection with a political campaign. "Advertisement" also
1 12 includes a script used for taking a poll of voters, whether in
1 13 person, via computer, or via telephone, as well as scripts for
1 14 polls more commonly known as "push=polls", which are primarily
1 15 intended to persuade voters, rather than measure voter
1 16 preference. "Advertisement" does not include editorials or
1 17 news articles of a newspaper or magazine that are not
1 18 political solicitations connected to a political campaign.
1 19 b. "Public office" means any state, county, city, school,
1 20 or other office of a political subdivision of the state filled
1 21 by election.
1 22 c. "Publish" means the act of printing, posting,
1 23 broadcasting, mailing, speaking, or otherwise disseminating
1 24 information.
1 25 2. A person who publishes an advertisement related to the
1 26 nomination, election, or defeat of a clearly identified
1 27 candidate for public office shall do all of the following
1 28 prior to publication of the advertisement:
1 29 a. If taking such action independently of the candidate or
1 30 candidate's committee, the person shall file a copy of the
1 31 advertisement with the candidate or candidate's committee, at
1 32 the address recorded with the ethics and campaign disclosure
1 33 board for the candidate, at least two weeks prior to the
1 34 proposed date of publication.
1 35 b. Upon receipt of the advertisement copy from an
2 1 independent party, the candidate shall have seventy=two hours
2 2 to review the advertisement, and either sign a release
2 3 approving publication of the advertisement, or sign a document
2 4 indicating that the candidate refuses to approve the
2 5 advertisement as presented. If an advertisement is proposed
2 6 by the candidate's own committee or in coordination with a
2 7 person or persons, the candidate may sign a release upon
2 8 completion of the advertisement indicating agreement to the
2 9 publication of the advertisement.
2 10 c. The original signed release or refusal to approve shall
2 11 be sent by the candidate to the ethics and campaign disclosure
2 12 board and shall remain on file in the candidate's filings.
2 13 The candidate shall return a signed copy of the release or
2 14 refusal by restricted certified mail to the person proposing
2 15 the advertisement, if that person is taking such action
2 16 independently of the candidate or candidate's committee.
2 17 d. A media outlet shall not publish an advertisement
2 18 related to a political candidate without receipt of the signed
2 19 release of approval by the candidate from the person placing
2 20 the advertisement.
2 21 3. This section shall not preclude the filing of a civil
2 22 action based on the same facts or events giving rise to a
2 23 complaint filed with the board under this section.
2 24 4. Section 56.16, which applies criminal penalties for
2 25 violations of chapter 56, shall not apply to violations of
2 26 this section. However, this section shall not preclude
2 27 application of penalties under section 68B.32D, if
2 28 appropriate, with the exception of section 68B.32D, subsection
2 29 1, paragraph "i".
2 30 Sec. 2. SEVERABILITY. If any section of this Act, or any
2 31 portion of any section of this Act, or the application of the
2 32 Act to any person or circumstance is found unconstitutional,
2 33 invalid, or otherwise unenforceable by a court, the remaining
2 34 sections or portions of sections shall be given effect to the
2 35 fullest extent possible.
3 1 EXPLANATION
3 2 This bill adds a new Code section to Code chapter 56,
3 3 regarding campaign activities within the jurisdiction of the
3 4 ethics and campaign disclosure board. New Code section 56.13A
3 5 requires a person placing a political advertisement to file a
3 6 copy of the advertisement with the candidate who is the
3 7 subject of the advertisement at least two weeks prior to the
3 8 proposed publication. The candidate shall have 72 hours to
3 9 review the advertisement and either approve or reject the
3 10 advertisement. A media outlet is prohibited from publishing
3 11 the advertisement without a signed release of approval from
3 12 the candidate.
3 13 The bill includes definitions for "advertisement", "public
3 14 office", and "publish".
3 15 The board may not impose criminal sanctions for violations
3 16 of this section, but separate civil actions arising from the
3 17 same events expressly are not precluded under the new Code
3 18 section. Appropriate remedies may also be pursued under Code
3 19 chapter 68B, with the exception of Code section 68B.32D,
3 20 subsection 1, paragraph "i", which permits the board to refer
3 21 a complaint to the attorney general or a county attorney for
3 22 prosecution or enforcement of criminal penalties.
3 23 The bill also includes a severability clause.
3 24 LSB 1921HH 80
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