House File 312 - Introduced
HOUSE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO HSB 65)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to campaign finance committee reporting, use of
2 committee funds or property, independent expenditures,
3 placement of campaign signs, and use of public resources.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1186HV 81
6 jr/cf/24
PAG LIN
1 1 Section 1. Section 53.10, unnumbered paragraph 3, Code
1 2 2005, is amended to read as follows:
1 3 During the hours when absentee ballots are available in the
1 4 office of the commissioner, the posting of political signs is
1 5 prohibited within thirty three hundred feet of the absentee
1 6 voting site. No electioneering shall be allowed within the
1 7 sight or hearing of voters at the absentee voting site.
1 8 Sec. 2. Section 53.11, subsection 4, Code 2005, is amended
1 9 to read as follows:
1 10 4. During the hours when absentee ballots are available at
1 11 a satellite absentee voting station, the posting of political
1 12 signs is prohibited within thirty three hundred feet of the
1 13 satellite absentee voting station. Electioneering shall not
1 14 be allowed within the sight or hearing of voters at the
1 15 satellite absentee voting station.
1 16 Sec. 3. Section 68A.102, subsection 9, Code 2005, is
1 17 amended to read as follows:
1 18 9. "Consultant" means a person who provides or procures
1 19 services for or on behalf of a candidate including but not
1 20 limited to consulting, public relations, advertising,
1 21 fundraising, polling, managing or organizing services.
1 22 Sec. 4. Section 68A.102, subsection 12, Code 2005, is
1 23 amended to read as follows:
1 24 12. "County statutory political committee" means a
1 25 committee as defined described in section 43.100 that accepts
1 26 contributions in excess of seven hundred fifty dollars in the
1 27 aggregate, makes expenditures in excess of seven hundred fifty
1 28 dollars in the aggregate, or incurs indebtedness in excess of
1 29 seven hundred fifty dollars in the aggregate in any one
1 30 calendar year to expressly advocate the nomination, election,
1 31 or defeat of a candidate for public office.
1 32 Sec. 5. Section 68A.203, subsection 2, Code 2005, is
1 33 amended to read as follows:
1 34 2. An individual who receives contributions for a
1 35 committee without the prior authorization of the chairperson
2 1 of the committee or the candidate shall be responsible for
2 2 either rendering the contributions to the treasurer within
2 3 fifteen days of the date of receipt of the contributions, or
2 4 depositing the contributions in the account maintained by the
2 5 committee within seven days of the date of receipt of the
2 6 contributions. A person who receives contributions for a
2 7 committee shall, not later than fifteen days from the date of
2 8 receipt of the contributions or on demand of the treasurer,
2 9 render to the treasurer the contributions and an account of
2 10 the total of all contributions, including the name and address
2 11 of each person making a contribution in excess of ten dollars,
2 12 the amount of the contributions, and the date on which the
2 13 contributions were received. The treasurer shall deposit all
2 14 contributions within seven days of receipt by the treasurer in
2 15 an account maintained by the committee. All funds of a
2 16 committee shall be segregated from any other funds held by
2 17 officers, members, or associates of the committee or the
2 18 committee's candidate. However, if a candidate's committee
2 19 receives contributions only from the candidate, or if a
2 20 permanent organization temporarily engages in activity which
2 21 qualifies it as a political committee and all expenditures of
2 22 the organization are made from existing general operating
2 23 funds and funds are not solicited or received for this purpose
2 24 from sources other than operating funds, then that committee
2 25 is not required to maintain a separate account in a financial
2 26 institution. Committee funds or committee property shall not
2 27 be used for the personal benefit of an officer, member, or
2 28 associate of the committee. The funds of a committee are not
2 29 attachable for the personal debt of the committee's candidate
2 30 or an officer, member, or associate of the committee.
2 31 Sec. 6. Section 68A.304, subsection 1, paragraph d, Code
2 32 2005, is amended to read as follows:
2 33 d. Consumable campaign property is not required to be
2 34 reported as committee inventory, regardless of the initial
2 35 value of the consumable campaign property. "Consumable
3 1 campaign property", for purposes of this section, means
3 2 stationery, yard campaign signs, and other campaign materials
3 3 that have been permanently imprinted to be specific to a
3 4 candidate or election.
3 5 Sec. 7. Section 68A.304, Code 2005, is amended by adding
3 6 the following new subsection:
3 7 NEW SUBSECTION. 3. Consumable campaign property may be
3 8 disposed of in any manner by the candidate's committee. A
3 9 candidate's committee shall not transfer consumable campaign
3 10 property to another candidate without receiving fair market
3 11 value compensation unless the candidate in both campaigns is
3 12 the same person.
3 13 Sec. 8. Section 68A.402, subsection 6, paragraphs a and b,
3 14 Code 2005, are amended to read as follows:
3 15 a. A state statutory political committee shall file a
3 16 report on the same dates as a candidate's committee is
3 17 required to file reports under subsection 2, paragraph
3 18 paragraphs "a", and subsection 5, paragraph "b" "c".
3 19 b. A county statutory political committee shall file a
3 20 report on the same dates as a candidate's committee is
3 21 required to file reports under subsection 2, paragraph
3 22 paragraphs "a", and subsection 5, paragraph "b" "c".
3 23 Sec. 9. Section 68A.402, subsection 7, paragraphs a and b,
3 24 Code 2005, are amended to read as follows:
3 25 a. STATEWIDE OFFICE AND GENERAL ASSEMBLY ELECTIONS.
3 26 ELECTION YEAR. A political committee expressly advocating
3 27 the nomination, election, or defeat of candidates for
3 28 statewide office or the general assembly shall file a report
3 29 on the same dates as a candidate's committee is required to
3 30 file reports under subsection 2, paragraph "a".
3 31 NONELECTION YEAR. A political committee expressly
3 32 advocating the nomination, election, or defeat of candidates
3 33 for statewide office or the general assembly shall file a
3 34 report as follows:
3 35 Report due: Covering period:
4 1 January 19 (next July 19 January 1 through
4 2 calendar year) June 30
4 3 July 19 January 19 (next July 1 through
4 4 calendar year) December 31
4 5 b. COUNTY ELECTIONS. A political committee expressly
4 6 advocating the nomination, election, or defeat of candidates
4 7 for county office shall file reports on the same dates as a
4 8 candidate's committee is required to file reports under
4 9 subsection 2, paragraph paragraphs "a", and subsection 5,
4 10 paragraph "b" "c".
4 11 Sec. 10. Section 68A.402, subsection 8, Code 2005, is
4 12 amended to read as follows:
4 13 8. POLITICAL COMMITTEES == BALLOT ISSUES. A political
4 14 committee expressly advocating the passage or defeat of a
4 15 ballot issue shall file reports on the same dates as
4 16 candidates for city office are required to file reports under
4 17 subsection 3. as follows:
4 18 a. ELECTION YEAR. Five days before the election covering
4 19 the period of the date of initial activity through ten days
4 20 before election.
4 21 b. NONELECTION YEAR. On January 19 of the next calendar
4 22 year that covers the time period of nine days before the
4 23 election through December 31.
4 24 Sec. 11. Section 68A.402, subsection 10, Code 2005, is
4 25 amended to read as follows:
4 26 10. ELECTION YEAR DEFINED. As used in this section,
4 27 "election year" means a year in which the name of the
4 28 candidate or ballot issue that is expressly advocated for or
4 29 against appears on any ballot to be voted on by the electors
4 30 of the state of Iowa. For state and county statutory
4 31 political committees, and all other political committees
4 32 except for political committees that advocate for or against
4 33 ballot issues, "election year" means a year in which primary
4 34 and general elections are held.
4 35 Sec. 12. Section 68A.402B, subsection 2, paragraph b, Code
5 1 2005, is amended by striking the paragraph.
5 2 Sec. 13. Section 68A.404, subsection 1, Code 2005, is
5 3 amended to read as follows:
5 4 1. As used in this section, "independent expenditure"
5 5 means an expenditure one or more expenditures in excess of
5 6 seven hundred fifty dollars in the aggregate for a
5 7 communication that expressly advocates the nomination,
5 8 election, or defeat of a clearly identified candidate or the
5 9 passage or defeat of a ballot issue that is made without the
5 10 prior approval or coordination with a candidate, candidate's
5 11 committee, or a ballot issue committee.
5 12 Sec. 14. Section 68A.404, subsection 2, Code 2005, is
5 13 amended by striking the subsection and inserting in lieu
5 14 thereof the following:
5 15 2. A person, other than a committee registered under this
5 16 chapter, that makes one or more independent expenditures shall
5 17 file an independent expenditure statement.
5 18 a. The filing of an independent expenditure statement
5 19 under this section does not alone require the person filing
5 20 the independent expenditure statement to register and file
5 21 reports under sections 68A.201 and 68A.402.
5 22 b. This section does not apply to a candidate, candidate's
5 23 committee, state statutory political committee, county
5 24 statutory political committee, or a political committee.
5 25 Sec. 15. Section 68A.404, subsection 3, Code 2005, is
5 26 amended by striking the subsection.
5 27 Sec. 16. Section 68A.405, subsection 2, paragraph b, Code
5 28 2005, is amended to read as follows:
5 29 b. Small items upon which the inclusion of the statement
5 30 is impracticable including, but not limited to, yard campaign
5 31 signs, bumper stickers, pins, buttons, pens, political
5 32 business cards, and matchbooks.
5 33 Sec. 17. Section 68A.406, subsection 1, paragraph f, Code
5 34 2005, is amended to read as follows:
5 35 f. Property leased by a candidate, committee, or an
6 1 organization established to advocate the nomination, election,
6 2 or defeat of a candidate or the passage or defeat of a ballot
6 3 issue that has not yet registered pursuant to section 68A.201,
6 4 when the property is used as campaign headquarters or a
6 5 campaign office and the placement of the sign is limited to
6 6 the space that is actually leased.
6 7 Sec. 18. Section 68A.406, subsection 2, Code 2005, is
6 8 amended by adding the following new paragraphs:
6 9 NEW PARAGRAPH. e. Within three hundred feet of an
6 10 absentee voting site during the hours when absentee ballots
6 11 are available in the office of the county commissioner of
6 12 elections as provided in section 53.10.
6 13 NEW PARAGRAPH. f. Within three hundred feet of a
6 14 satellite absentee voting station during the hours when
6 15 absentee ballots are available at the satellite absentee
6 16 voting station as provided in section 53.11.
6 17 Sec. 19. Section 68A.406, subsection 3, Code 2005, is
6 18 amended to read as follows:
6 19 3. Yard Campaign signs with dimensions of thirty=two
6 20 square feet or less are exempt from the attribution statement
6 21 requirement in section 68A.405. Campaign signs in excess of
6 22 thirty=two square feet, or signs that are affixed to buildings
6 23 or vehicles regardless of size except for bumper stickers, are
6 24 required to include the attribution statement required by
6 25 section 68A.405. The placement or erection of yard campaign
6 26 signs shall be exempt from the requirements of chapter 480
6 27 relating to underground facilities organization information.
6 28 Sec. 20. Section 68A.503, subsection 4, paragraph c, Code
6 29 2005, is amended to read as follows:
6 30 c. The placement of yard campaign signs under section
6 31 68A.406.
6 32 Sec. 21. Section 68A.505, Code 2005, is amended to read as
6 33 follows:
6 34 68A.505 USE OF PUBLIC MONEYS RESOURCES FOR POLITICAL
6 35 PURPOSES.
7 1 The state and the governing body of a county, city, or
7 2 other political subdivision of the state shall not expend use
7 3 or permit the expenditure use of public moneys resources for
7 4 political purposes, including expressly advocating the passage
7 5 or defeat of a ballot issue.
7 6 This section shall not be construed to limit the freedom of
7 7 speech of officials or employees of the state or of officials
7 8 or employees of a governing body of a county, city, or other
7 9 political subdivision of the state. This section also shall
7 10 not be construed to prohibit the state or a governing body of
7 11 a political subdivision of the state from expressing an
7 12 opinion on a ballot issue through the passage of a resolution
7 13 or proclamation.
7 14 EXPLANATION
7 15 This bill contains a variety of revisions to the campaign
7 16 finance laws.
7 17 The bill redefines "consultant" to include a person
7 18 providing services not only to a candidate, but also to a
7 19 person providing services to a ballot issue committee or a
7 20 political committee.
7 21 The bill exempts a county statutory political committee
7 22 that accepts donations of $750 or less or makes expenditures
7 23 or incurs indebtedness of $750 or less in a calendar year,
7 24 from the reporting requirements of Code chapter 68A.
7 25 Concerning the permissible use of campaign contributions
7 26 and property, the bill prohibits the use of committee funds or
7 27 property for the personal benefit of committee officers,
7 28 members, or associates. Consumable campaign property cannot
7 29 be transferred to another candidate for less than fair market
7 30 value compensation.
7 31 The bill establishes a requirement that state and county
7 32 statutory political committees must file reports on the same
7 33 dates required for a candidate's committee in both election
7 34 and nonelection years.
7 35 The bill changes the reporting deadline for a political
8 1 committee expressly advocating the nomination, election, or
8 2 defeat of candidates for statewide office or the general
8 3 assembly. In nonelection years, the deadline for reporting
8 4 for the period of the first half of the calendar year was
8 5 January 19 of the following year, over six months after the
8 6 period ended. In this revision, the deadline is moved up to
8 7 July 19, 19 days after the reporting period ends.
8 8 The bill changes the reporting deadline for a ballot issue
8 9 political committee. In an election year, the committee must
8 10 file a report five days before the election covering the
8 11 period of the date of initial activity through 10 days before
8 12 election. In nonelection years the report must be filed on
8 13 January 19 of the next calendar year that covers the time
8 14 period of nine days before the election through December 31.
8 15 The bill amends the meaning of the term "election year" for
8 16 reporting purposes. Except for a ballot issue committee, the
8 17 term means a year in which primary and general elections are
8 18 held.
8 19 Relating to independent expenditures, the bill defines the
8 20 term to include one or more expenditures in excess of $750 in
8 21 the aggregate. It also expands the coverage of the term to
8 22 include the nomination of a candidate as well as the election
8 23 or defeat of a candidate or the passage or defeat of the
8 24 ballot issue.
8 25 The bill amends current statutory language relating to
8 26 "ballot issue" campaign signs placed on property leased by a
8 27 candidate, committee, or an organization. The current
8 28 language is expanded to include campaign signs advocating the
8 29 nomination, election, or defeat of a candidate.
8 30 The bill amends Code section 68A.406(2) by adding the Code
8 31 chapter 53 prohibition against the placement of campaign signs
8 32 within a specified distance of the absentee voting site or
8 33 satellite absentee voting station during the hours when
8 34 absentee ballots are available in the office of the county
8 35 commissioner of elections or the voting station, respectively.
9 1 The separation distance in Code sections 53.10 and 53.11 is
9 2 increased from 30 feet to 300 feet. The bill also corrects a
9 3 reference from yard signs to campaign signs.
9 4 Lastly, the bill revises a current prohibition against
9 5 using public moneys for political purposes, to more generally
9 6 prohibit the use of public resources for political purposes.
9 7 LSB 1186HV 81
9 8 jr:rj/cf/24