Senate File 210
SENATE FILE
BY SIEVERS
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the definition of political party, defining
2 minor political party for certain purposes, and including
3 applicability date provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2353XS 80
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PAG LIN
1 1 Section 1. Section 43.2, unnumbered paragraph 1, Code
1 2 2003, is amended to read as follows:
1 3 The term "political party" shall mean means a party which,
1 4 at the last preceding general election at which votes were
1 5 cast for the office of governor, cast for its candidate for
1 6 president of the United States or for governor, as the case
1 7 may be, at least two five percent of the total vote cast for
1 8 all candidates for that office at that election. It shall be
1 9 the responsibility of the state commissioner to determine
1 10 whether any organization claiming to be a political party
1 11 qualifies as such under the foregoing definition.
1 12 Sec. 2. Section 43.2, Code 2003, is amended by adding the
1 13 following new unnumbered paragraph after unnumbered paragraph
1 14 1:
1 15 NEW UNNUMBERED PARAGRAPH. The term "minor political party"
1 16 means a party which is not a political party as defined in
1 17 this section and which, at the last preceding general election
1 18 at which votes were cast for the office of governor, cast for
1 19 its candidates for member of the house of representatives at
1 20 least one=half of one percent of the total vote cast for all
1 21 candidates for member of the house of representatives in all
1 22 districts at that election. However, the votes cast for any
1 23 one candidate shall not account for more than twenty percent
1 24 of the number needed to equal one=half of one percent. It
1 25 shall be the responsibility of the state commissioner to
1 26 determine whether any organization claiming to be a minor
1 27 political party qualifies as such under the foregoing
1 28 definition.
1 29 Sec. 3. Section 43.63, unnumbered paragraph 1, Code 2003,
1 30 is amended to read as follows:
1 31 Upon receipt of the abstracts of votes from the counties,
1 32 the secretary of state shall immediately open the envelopes
1 33 and canvass the results for all offices. The secretary of
1 34 state shall invite to attend the canvass one representative
1 35 from each political party which, at the last preceding general
2 1 election at which votes were cast for the office of governor,
2 2 cast for its candidate for president of the United States or
2 3 for governor, as the case may be, at least two five percent of
2 4 the total vote cast for all candidates for that office at that
2 5 election, as determined by the secretary of state. The
2 6 secretary of state shall notify the chairperson of each
2 7 political party of the time of the canvass. However, the
2 8 presence of a representative from a political party is not
2 9 necessary for the canvass to proceed.
2 10 Sec. 4. NEW SECTION. 43.111A MINOR POLITICAL PARTY
2 11 CONSTITUTION AND BYLAWS.
2 12 1. A minor political party shall adopt a constitution or
2 13 set of bylaws to govern its organization and the conduct of
2 14 its affairs and shall exercise thereunder any power not
2 15 inconsistent with the laws of this state. The constitution or
2 16 set of bylaws shall be filed with the secretary of state. Any
2 17 minor political party failing to file its constitution or set
2 18 of bylaws pursuant to this section shall not be qualified as a
2 19 minor political party. The constitution or set of bylaws
2 20 shall contain the following:
2 21 a. A method of nominating candidates for the partisan
2 22 offices.
2 23 b. A method for calling and conducting conventions.
2 24 c. A method for selecting delegates to conventions.
2 25 d. A method for the selection of members and a chairperson
2 26 to the state central committee and for the selection of other
2 27 party officers.
2 28 e. A method for filling vacancies in party offices.
2 29 f. The powers and duties of party officers.
2 30 g. The structure of the state and county party
2 31 organizations, if any.
2 32 h. A statement that any meeting to elect party officers,
2 33 including delegates, shall be held at a public place at the
2 34 time specified by the party chairperson and that the time and
2 35 place of such meeting shall be published once, no later than
3 1 fifteen days before such meeting, in a newspaper of general
3 2 circulation in each county where the members of the minor
3 3 political party reside.
3 4 i. A statement that the party chairperson, or the
3 5 chairperson's designee, shall be the person who shall
3 6 communicate on behalf of the minor political party.
3 7 j. A method for amending the constitution or set of
3 8 bylaws.
3 9 2. The chairperson of the party shall file any amendments
3 10 to the constitution or set of bylaws with the secretary of
3 11 state no later than fifteen days after the amendments are
3 12 adopted.
3 13 Sec. 5. Section 43.121, Code 2003, is amended to read as
3 14 follows:
3 15 43.121 NOMINATIONS BY PETITION OR NONPARTY ORGANIZATIONS.
3 16 This chapter shall not be construed to prohibit nomination
3 17 of candidates for office by petition, or by nonparty
3 18 organizations, as provided in chapters 44 and 45, but no
3 19 person so nominated shall be permitted to use the name, or any
3 20 part thereof of the name, of any political party authorized or
3 21 entitled under this chapter to nominate a ticket by primary
3 22 vote, or that has nominated a ticket by primary vote under
3 23 this chapter and no person so nominated shall be permitted to
3 24 use the name, or any part of the name, of any minor political
3 25 party.
3 26 Sec. 6. Section 48A.11, subsection 1, paragraph i, Code
3 27 2003, is amended to read as follows:
3 28 i. Political party or minor political party registration.
3 29 Sec. 7. Section 50.36, unnumbered paragraph 2, Code 2003,
3 30 is amended to read as follows:
3 31 The secretary of state shall invite to attend the canvass
3 32 one representative from each political party which, at the
3 33 last preceding general election at which votes were cast for
3 34 the office of governor, cast for its candidate for president
3 35 of the United States or for governor, as the case may be, at
4 1 least two five percent of the total vote cast for all
4 2 candidates for that office at that election, as determined by
4 3 the secretary of state. The secretary of state shall notify
4 4 the chairperson of each political party of the time of the
4 5 canvass. However, the presence of a representative from a
4 6 political party is not necessary for the canvass to proceed.
4 7 Sec. 8. Section 56.18, Code 2003, is amended to read as
4 8 follows:
4 9 56.18 CHECKOFF == INCOME TAX.
4 10 A person whose state income tax liability for any taxable
4 11 year is one dollar and fifty cents or more may direct that one
4 12 dollar and fifty cents of that liability be paid over to the
4 13 Iowa election campaign fund when submitting the person's state
4 14 income tax return to the department of revenue and finance.
4 15 In the case of a joint return of husband and wife having a
4 16 state income tax liability of three dollars or more, each
4 17 spouse may direct that one dollar and fifty cents be paid to
4 18 the fund. The director of revenue and finance shall draft the
4 19 income tax form to provide spaces on the tax return which the
4 20 taxpayer may use to designate that contributions made under
4 21 this section be credited to a specified political party or
4 22 minor political party as defined by section 43.2, or to the
4 23 Iowa election campaign fund as a contribution to be shared by
4 24 all such political parties and minor political parties in the
4 25 manner prescribed by section 56.19. The form shall inform the
4 26 taxpayer of the consequences of the choices provided under
4 27 this section, but this information may be contained in a
4 28 footnote or other suitable form if the director of revenue and
4 29 finance finds it is not feasible to place the information
4 30 immediately above the signature line. The action taken by a
4 31 person for the checkoff is irrevocable.
4 32 Sec. 9. Section 56.19, Code 2003, is amended to read as
4 33 follows:
4 34 56.19 FUND CREATED.
4 35 The "Iowa election campaign fund" is created within the
5 1 office of the treasurer of state. The fund shall consist of
5 2 funds paid by persons as provided in section 56.18. The
5 3 treasurer of state shall maintain within the fund a separate
5 4 account for each political party and minor political party as
5 5 defined in section 43.2. The director of revenue and finance
5 6 shall remit funds collected as provided in section 56.18 to
5 7 the treasurer of state who shall deposit such funds in the
5 8 appropriate account within the Iowa election campaign fund.
5 9 All contributions directed to the Iowa election campaign fund
5 10 by taxpayers who do not designate any one political party or
5 11 minor political party to receive their contributions shall be
5 12 divided by the director of revenue and finance equally among
5 13 each account currently maintained in the fund. However, at
5 14 any time when more than two accounts are being maintained
5 15 within the fund contributions to the fund by taxpayers who do
5 16 not designate any one political party or minor political party
5 17 to receive their contributions shall be divided among the
5 18 accounts in the same proportion as the number of registered
5 19 voters declaring affiliation with each political party and
5 20 minor political party for which an account is maintained bears
5 21 to the total number of registered voters who have declared an
5 22 affiliation with a political party or minor political party.
5 23 Any interest income received by the treasurer of state from
5 24 investment of moneys deposited in the fund shall be deposited
5 25 in the Iowa election campaign fund. Such funds shall be
5 26 subject to payment to the chairperson of the specified
5 27 political party or minor political party by the director of
5 28 revenue and finance in the manner provided by section 56.22.
5 29 Sec. 10. Section 56.22, subsection 1, Code 2003, is
5 30 amended to read as follows:
5 31 1. The money accumulated in the Iowa election campaign
5 32 fund to the account of each political party and minor
5 33 political party in the state shall be remitted to the
5 34 appropriate party on the first business day of each month by
5 35 warrant of the director of revenue and finance drawn upon the
6 1 fund in favor of the state chairperson of that party. The
6 2 money received by each political party or minor political
6 3 party under this section shall be used as directed by the
6 4 party's state statutory political committee.
6 5 Sec. 11. Section 68B.2, subsection 13, paragraph b,
6 6 subparagraph (1), Code 2003, is amended to read as follows:
6 7 (1) Officials and employees of a political party organized
6 8 in the state of Iowa representing more than two at least five
6 9 percent of the total votes cast for governor in the last
6 10 preceding general election at which votes were cast for the
6 11 office of governor, but only when representing the political
6 12 party in an official capacity.
6 13 Sec. 12. APPLICABILITY DATES.
6 14 1. The sections of this Act amending section 43.2 apply
6 15 retroactively to the general election held in November 2002.
6 16 2. The remainder of this Act applies to elections held on
6 17 or after July 1, 2003.
6 18 EXPLANATION
6 19 This bill makes changes relating to the definition of
6 20 "political party" and creates the designation of "minor
6 21 political party" for certain purposes.
6 22 The bill changes the definition of "political party" to
6 23 mean a party whose candidate receives at least 5 percent of
6 24 the votes cast for the office of governor. The bill makes
6 25 amendments relating to persons invited to attend the
6 26 canvassing of votes and relating to the definition of lobbyist
6 27 for a political party in order to conform to the bill's
6 28 definition of "political party".
6 29 The bill defines "minor political party" to mean a party
6 30 whose candidates for the Iowa house of representatives
6 31 received a total of one=half of 1 percent of all votes cast
6 32 for all candidates for the Iowa house of representatives at
6 33 the general election at which votes were cast for the office
6 34 of governor. The bill provides, however, that no one
6 35 candidate may account for more than 20 percent of the one=half
7 1 of 1 percent threshold.
7 2 The bill requires a party designated as a minor political
7 3 party to adopt a constitution or set of bylaws to govern its
7 4 organization and the conduct of its affairs. The bill extends
7 5 to minor political parties the protection against
7 6 appropriation of any part of the party's official name, which
7 7 protection is currently afforded political parties. The bill
7 8 allows a voter registrant to indicate on the voter
7 9 registration form the minor political party with which the
7 10 registrant is affiliated.
7 11 The bill provides that a minor political party is eligible
7 12 to receive funds from the Iowa election campaign fund.
7 13 The provision relating to the definition of political party
7 14 and the definition of minor political party applies
7 15 retroactively to the general election held in November 2002.
7 16 The remainder of the bill applies to elections held on or
7 17 after July 1, 2003.
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