House File 189 - Introduced
HOUSE FILE
BY HUSER and RAECKER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to political campaigns by requiring attribution
2 statements for political polls, limiting campaign
3 contributions for statewide and legislative elections, and
4 imposing a penalty for falsely filing a complaint with the
5 ethics and campaign disclosure board.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 TLSB 1670YH 81
8 jr/sh/8
PAG LIN
1 1 Section 1. Section 68A.405, subsection 1, Code 2005, is
1 2 amended to read as follows:
1 3 1. a. For purposes of this subsection:
1 4 (1) "Individual" includes a candidate for public office
1 5 who has not filed a statement of organization under section
1 6 68A.201.
1 7 (2) "Organization" includes an organization established to
1 8 advocate the passage or defeat of a ballot issue but that has
1 9 not filed a statement of organization under section 68A.201.
1 10 (3) "Published material" means any newspaper, magazine,
1 11 shopper, outdoor advertising facility, poster, direct mailing,
1 12 brochure, internet web site, campaign sign, or any other form
1 13 of printed general public political advertising.
1 14 b. Except as set out in section 2, published material
1 15 designed to expressly advocate the nomination, election, or
1 16 defeat of a candidate for public office or the passage or
1 17 defeat of a ballot issue shall include on the published
1 18 material an attribution statement disclosing who is
1 19 responsible for the published material.
1 20 c. (1) If the person paying for the published material is
1 21 an individual, the words "paid for by" and the name and
1 22 address of the person shall appear on the material.
1 23 d. (2) If more than one individual is responsible, the
1 24 words "paid for by", the names of the individuals, and either
1 25 the addresses of the individuals or a statement that the
1 26 addresses of the individuals are on file with the Iowa ethics
1 27 and campaign disclosure board shall appear on the material.
1 28 e. (3) If the person responsible is an organization, the
1 29 words "paid for by", the name and address of the organization,
1 30 and the name of one officer of the organization shall appear
1 31 on the material.
1 32 f. (4) If the person responsible is a committee that has
1 33 filed a statement of organization pursuant to section 68A.201,
1 34 the words "paid for by" and the name of the committee shall
1 35 appear on the material.
2 1 c. A person conducting a public opinion poll or survey of
2 2 any type which relates to the nomination, election, or defeat
2 3 of a candidate for public office or the passage or defeat of a
2 4 ballot issue shall, prior to seeking a response from any
2 5 person, disclose who is responsible for the poll or survey.
2 6 If the person responsible is an individual, the disclosure
2 7 shall include the name of the individual. If the person
2 8 responsible is an organization, the disclosure shall include
2 9 the name and location of the organization, and the name of one
2 10 officer of the organization.
2 11 Sec. 2. NEW SECTION. 68A.506 CONTRIBUTIONS ==
2 12 LIMITATIONS ON AMOUNTS.
2 13 1. As used in this section, the term "cash" includes, but
2 14 is not limited to, a check, money order, or other negotiable
2 15 instrument.
2 16 2. The aggregate amount of a contribution made to a
2 17 candidate or a candidate's committee by a committee or person
2 18 other than the candidate shall not exceed the following
2 19 amounts:
2 20 a. For the office of member of the house of
2 21 representatives, five hundred dollars in cash and an
2 22 additional five hundred dollars in=kind contribution for each
2 23 primary election, or in lieu thereof a convention of a
2 24 political party, and an equal amount for each general
2 25 election.
2 26 b. For the office of state senator, one thousand dollars
2 27 in cash and an additional one thousand dollars in=kind
2 28 contribution for each primary election, or in lieu thereof a
2 29 convention of a political party, and an equal amount for each
2 30 general election.
2 31 c. For the office of a statewide elected official, as
2 32 defined in section 68B.2, ten thousand dollars in cash and an
2 33 additional ten thousand dollars in=kind contribution for each
2 34 primary election, or in lieu thereof a convention of a
2 35 political party, and an equal amount for each general
3 1 election. The limits set out in this paragraph apply to the
3 2 governor and lieutenant governor together, as if the two
3 3 offices were one and the same.
3 4 3. The aggregate amount of a contribution made to a
3 5 candidate or a candidate's committee by a political party, as
3 6 defined in section 43.2, shall not exceed the following
3 7 amounts:
3 8 a. For the office of member of the house of
3 9 representatives, one thousand five hundred dollars in cash and
3 10 an additional four thousand five hundred dollars in=kind
3 11 contribution for each primary election, or in lieu thereof a
3 12 convention of a political party, and an equal amount for each
3 13 general election.
3 14 b. For the office of state senator, three thousand dollars
3 15 in cash and an additional nine thousand dollars in=kind
3 16 contribution for each primary election, or in lieu thereof a
3 17 convention of a political party, and an equal amount for each
3 18 general election.
3 19 c. For the office of a statewide elected official, as
3 20 defined in section 68B.2, thirty thousand dollars in cash and
3 21 an additional ninety thousand dollars in=kind contribution for
3 22 each primary election, or in lieu thereof a convention of a
3 23 political party, and an equal amount for each general
3 24 election. The limits set out in this paragraph apply to the
3 25 governor and lieutenant governor together, as if the two
3 26 offices were one and the same.
3 27 A political party may establish no more than one fund to
3 28 provide contributions to a candidate or a candidate's
3 29 committee for the office of member of the house of
3 30 representatives or state senator or office of a statewide
3 31 elected official.
3 32 Sec. 3. Section 68B.32B, subsection 1, Code 2005, is
3 33 amended to read as follows:
3 34 1. Any person may file a complaint alleging that a
3 35 candidate, committee, person holding a state office in the
4 1 executive branch of state government, employee of the
4 2 executive branch of state government, or other person has
4 3 committed a violation of chapter 68A or rules adopted by the
4 4 board. Any person may file a complaint alleging that a person
4 5 holding a state office in the executive branch of state
4 6 government, an employee of the executive branch of state
4 7 government, or a lobbyist or a client of a lobbyist of the
4 8 executive branch of state government has committed a violation
4 9 of this chapter or rules adopted by the board. The board
4 10 shall prescribe and provide forms for this purpose. A
4 11 complaint must include the name and address of the
4 12 complainant, a statement of the facts believed to be true that
4 13 form the basis of the complaint, including the sources of
4 14 information and approximate dates of the acts alleged, and a
4 15 certification by the complainant under penalty of perjury that
4 16 the facts stated to be true are true to the best of the
4 17 complainant's knowledge. In addition to any other penalty, a
4 18 person who files a complaint with the board knowing that the
4 19 statement of facts provided is not true may be assessed a
4 20 civil penalty by the board in an amount not to exceed two
4 21 thousand dollars.
4 22 Sec. 4. Section 68B.32B, subsection 7, Code 2005, is
4 23 amended to read as follows:
4 24 7. Notwithstanding subsections 1 through 6, the board may,
4 25 on its own motion and without the filing of a complaint by
4 26 another person, initiate investigations into matters that the
4 27 board believes may be subject to the board's jurisdiction.
4 28 This section does not preclude persons from providing
4 29 information to the board for possible board=initiated
4 30 investigation instead of filing a complaint. A person who
4 31 provides information to the board knowing that the information
4 32 provided is not true may be assessed a civil penalty by the
4 33 board in an amount not to exceed two thousand dollars.
4 34 EXPLANATION
4 35 This bill relates to political campaigns and campaign
5 1 finance and disclosure.
5 2 The bill requires that political pollsters reveal who is
5 3 responsible for the poll before taking any information.
5 4 The bill also limits certain contributions to candidates
5 5 for statewide office or the general assembly.
5 6 The bill imposes a civil penalty for falsely instigating a
5 7 complaint with the ethics and campaign disclosure board.
5 8 LSB 1670YH 81
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