House File 256 - Introduced
HOUSE FILE
BY JOCHUM, HUNTER, WHITEAD,
LYKAM, QUIRK, COHOON,
and SHOULTZ
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to mandatory disclosures in certain political
2 telephone communications, and applying a penalty.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2049HH 81
5 jr/sh/8
PAG LIN
1 1 Section 1. NEW SECTION. 68A.407 DISCLOSURES RELATED TO
1 2 POLITICAL TELEPHONE CALLS.
1 3 1. For the purposes of this section, unless the context
1 4 otherwise requires:
1 5 a. "Legitimate poll" means a telephone call conducted by a
1 6 polling firm for the purpose of a scientific poll of
1 7 respondents concerning public opinion concerning a candidate,
1 8 elected public official, or ballot issue that is part of a
1 9 series of like telephone calls that utilizes a scientific
1 10 sampling technique to produce a random sample of interviewees.
1 11 b. "Political telemarketing" means the canvassing of
1 12 persons under the guise of performing a poll or survey, with
1 13 the purpose of encouraging support of, or opposition to, a
1 14 clearly identified candidate for political office or the
1 15 passage or defeat of a clearly identified ballot issue.
1 16 2. The general assembly finds that political telephone
1 17 communication is increasingly used in political campaigns in
1 18 this state in a deceptive manner, including but not limited to
1 19 the use of political telemarketing, also known as push=
1 20 polling, where an anonymous telephone communication is
1 21 designed to appear as a legitimate poll, but is in fact used
1 22 as a vehicle to sway opinion through innuendo, by the
1 23 communication of certain negative information related to a
1 24 candidate or ballot issue in a manner designed to suggest that
1 25 such information may be true. The general assembly declares
1 26 that a compelling public interest exists to identify the
1 27 source of funding of telephonic communications related to
1 28 elections, in order to prevent corruption and deceit at the
1 29 expense of the electorate and to preserve accountability for
1 30 expenditures made in connection with political campaigns.
1 31 3. A candidate, an authorized representative of a
1 32 candidate, a candidate's committee, or a political committee
1 33 that engages either in a telephone communication for the
1 34 purpose of soliciting contributions or in a telephone
1 35 communication that has the effect of promoting or opposing the
2 1 nomination or election of a candidate for public office or the
2 2 passage of a constitutional amendment or public measure shall
2 3 disclose all of the following by the end of the telephone
2 4 call:
2 5 a. The identity of the individual who is calling and the
2 6 entity with which the individual is affiliated, if any.
2 7 b. The individual or entity that paid for the telephone
2 8 communication. If a candidate's committee or political
2 9 committee has paid for or authorized the telephone
2 10 communication, the name of the candidate's committee or
2 11 political committee shall be disclosed. If any person other
2 12 than a candidate's committee or political committee has paid
2 13 for or authorized the telephone communication, the
2 14 communication shall also state whether or not the
2 15 communication has been authorized by the candidate intended to
2 16 benefit from the communication and shall state whether the
2 17 communication is an independent expenditure.
2 18 c. The name, telephone number, and address of an
2 19 individual whom the call recipient can contact for further
2 20 information regarding the telephone communication.
2 21 4. An individual who, on behalf of, at the direction of,
2 22 or in cooperation with a political committee, engages either
2 23 in a telephone communication for the purpose of soliciting
2 24 contributions or in a telephone communication that has the
2 25 effect of promoting or opposing the nomination or election of
2 26 a candidate for public office or the passage of a
2 27 constitutional amendment or public measure shall disclose all
2 28 of the following at the commencement of the telephone call:
2 29 a. The identity of the individual who is calling and the
2 30 entity with which the individual is affiliated, if any.
2 31 b. The individual or entity that paid for the telephone
2 32 communication. If a political committee has paid for or
2 33 authorized the telephone communication, the name of the
2 34 committee shall be disclosed. If any person other than the
2 35 candidate, a candidate's committee, or a political committee
3 1 has paid for or authorized the telephone communication, the
3 2 communication shall also state whether or not the
3 3 communication has been authorized by the candidate intended to
3 4 benefit from the communication.
3 5 c. The name, telephone number, and address of an
3 6 individual whom the call recipient can contact for further
3 7 information regarding the telephone communication.
3 8 5. The board shall adopt rules pursuant to chapter 17A
3 9 establishing procedures to administer this section.
3 10 EXPLANATION
3 11 This bill creates a new Code section that requires the
3 12 disclosure of certain information by the end of political
3 13 telephone calls that solicit contributions or that have the
3 14 effect of promoting or opposing a candidate or ballot issue.
3 15 The caller must disclose the name and affiliation of the
3 16 caller, the name of the individual or entity that paid for the
3 17 telephone call, whether a candidate who will benefit from the
3 18 call has authorized the call, and the name, address, and
3 19 telephone number of an individual whom the person can contact
3 20 for further information regarding the call.
3 21 Violations of this provision are punishable under Code
3 22 section 68A.701 as a serious misdemeanor, which carries a
3 23 penalty of a fine of $250 to $1,500, and may also include a
3 24 sentence of up to one year in jail.
3 25 The bill also contains definitions of "legitimate poll" and
3 26 "political telemarketing", and contains a statement of
3 27 legislative intent regarding political telemarketing and push=
3 28 polling.
3 29 LSB 2049HH 81
3 30 jr:rj/sh/8