House File 775 - Introduced
HOUSE FILE
BY COMMITTEE ON STATE GOVERNMENT
(SUCCESSOR TO HF 189)
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 mandatory
2 disclosures in certain political telephone communications,
3 limiting campaign contributions for statewide and legislative
4 elections, limiting contributions to political parties,
5 providing a penalty for filing a false complaint, and applying
6 other penalties.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
8 TLSB 1670HV 81
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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 Sec. 2. NEW SECTION. 68A.407 DISCLOSURES RELATED TO
2 2 POLITICAL TELEPHONE CALLS.
2 3 1. For the purposes of this section, unless the context
2 4 otherwise requires:
2 5 a. "Legitimate poll" means a telephone call conducted by a
2 6 polling firm for the purpose of a scientific poll of
2 7 respondents concerning public opinion concerning a candidate,
2 8 elected public official, or ballot issue that is part of a
2 9 series of like telephone calls that utilizes a scientific
2 10 sampling technique to produce a random sample of interviewees.
2 11 b. "Political telemarketing" means the canvassing of
2 12 persons under the guise of performing a poll or survey, with
2 13 the purpose of encouraging support of, or opposition to, a
2 14 clearly identified candidate for political office or the
2 15 passage or defeat of a clearly identified ballot issue.
2 16 2. The general assembly finds that political telephone
2 17 communication is increasingly used in political campaigns in
2 18 this state in a deceptive manner, including but not limited to
2 19 the use of political telemarketing, also known as push=
2 20 polling, where an anonymous telephone communication is
2 21 designed to appear as a legitimate poll, but is in fact used
2 22 as a vehicle to sway opinion through innuendo, by the
2 23 communication of certain negative information related to a
2 24 candidate or ballot issue in a manner designed to suggest that
2 25 such information may be true. The general assembly declares
2 26 that a compelling public interest exists to identify the
2 27 source of funding of telephonic communications related to
2 28 elections, in order to prevent corruption and deceit at the
2 29 expense of the electorate and to preserve accountability for
2 30 expenditures made in connection with political campaigns.
2 31 3. A candidate, an authorized representative of a
2 32 candidate, a candidate's committee, or a political committee
2 33 that engages either in a telephone communication for the
2 34 purpose of soliciting contributions or in a telephone
2 35 communication that has the effect of promoting or opposing the
3 1 nomination or election of a candidate for public office or the
3 2 passage of a constitutional amendment or public measure shall
3 3 disclose all of the following by the end of the telephone
3 4 call:
3 5 a. The identity of the individual who is calling and the
3 6 entity with which the individual is affiliated, if any.
3 7 b. The individual or entity that paid for the telephone
3 8 communication. If a candidate's committee or political
3 9 committee has paid for or authorized the telephone
3 10 communication, the name of the candidate's committee or
3 11 political committee shall be disclosed. If any person other
3 12 than a candidate's committee or political committee has paid
3 13 for or authorized the telephone communication, the
3 14 communication shall also state whether or not the
3 15 communication has been authorized by the candidate intended to
3 16 benefit from the communication and shall state whether the
3 17 communication is an independent expenditure.
3 18 c. The name, telephone number, and address of an
3 19 individual whom the call recipient can contact for further
3 20 information regarding the telephone communication.
3 21 4. An individual who, on behalf of, at the direction of,
3 22 or in cooperation with a political committee, engages either
3 23 in a telephone communication for the purpose of soliciting
3 24 contributions or in a telephone communication that has the
3 25 effect of promoting or opposing the nomination or election of
3 26 a candidate for public office or the passage of a
3 27 constitutional amendment or public measure shall disclose all
3 28 of the following by the end of the telephone call:
3 29 a. The identity of the individual who is calling and the
3 30 entity with which the individual is affiliated, if any.
3 31 b. The individual or entity that paid for the telephone
3 32 communication. If a political committee has paid for or
3 33 authorized the telephone communication, the name of the
3 34 committee shall be disclosed. If any person other than the
3 35 candidate, a candidate's committee, or a political committee
4 1 has paid for or authorized the telephone communication, the
4 2 communication shall also state whether or not the
4 3 communication has been authorized by the candidate intended to
4 4 benefit from the communication.
4 5 c. The name, telephone number, and address of an
4 6 individual whom the call recipient can contact for further
4 7 information regarding the telephone communication.
4 8 5. The board shall adopt rules pursuant to chapter 17A
4 9 establishing procedures to administer this section.
4 10 Sec. 3. NEW SECTION. 68A.506 CONTRIBUTIONS ==
4 11 LIMITATIONS ON AMOUNTS.
4 12 1. As used in this section, the term "cash" includes, but
4 13 is not limited to, a check, money order, or other negotiable
4 14 instrument.
4 15 2. The aggregate amount of a contribution made to a
4 16 candidate or a candidate's committee by a committee or person
4 17 other than the candidate shall not exceed the following
4 18 amounts:
4 19 a. For the office of member of the house of
4 20 representatives, five hundred dollars in cash and an
4 21 additional five hundred dollars in=kind contribution for each
4 22 primary election, or in lieu thereof a convention of a
4 23 political party, and an equal amount for each general
4 24 election.
4 25 b. For the office of state senator, one thousand dollars
4 26 in cash and an additional one thousand dollars in=kind
4 27 contribution for each primary election, or in lieu thereof a
4 28 convention of a political party, and an equal amount for each
4 29 general election.
4 30 c. For the office of a statewide elected official, as
4 31 defined in section 68B.2, ten thousand dollars in cash and an
4 32 additional ten thousand dollars in=kind contribution for each
4 33 primary election, or in lieu thereof a convention of a
4 34 political party, and an equal amount for each general
4 35 election. The limits set out in this paragraph apply to the
5 1 governor and lieutenant governor together, as if the two
5 2 offices were one and the same.
5 3 3. The aggregate amount of a contribution made to a
5 4 candidate or a candidate's committee by a political party, as
5 5 defined in section 43.2, shall not exceed the following
5 6 amounts:
5 7 a. For the office of member of the house of
5 8 representatives, one thousand five hundred dollars in cash and
5 9 an additional four thousand five hundred dollars in=kind
5 10 contribution for each primary election, or in lieu thereof a
5 11 convention of a political party, and an equal amount for each
5 12 general election.
5 13 b. For the office of state senator, three thousand dollars
5 14 in cash and an additional nine thousand dollars in=kind
5 15 contribution for each primary election, or in lieu thereof a
5 16 convention of a political party, and an equal amount for each
5 17 general election.
5 18 c. For the office of a statewide elected official, as
5 19 defined in section 68B.2, thirty thousand dollars in cash and
5 20 an additional ninety thousand dollars in=kind contribution for
5 21 each primary election, or in lieu thereof a convention of a
5 22 political party, and an equal amount for each general
5 23 election. The limits set out in this paragraph apply to the
5 24 governor and lieutenant governor together, as if the two
5 25 offices were one and the same.
5 26 4. The aggregate amount of a contribution made to a
5 27 political party as defined in section 43.2 by a candidate or a
5 28 person shall not exceed ten thousand dollars in cash and an
5 29 additional ten thousand dollars in=kind contribution.
5 30 5. A political party may establish no more than one fund
5 31 to provide contributions to a candidate or a candidate's
5 32 committee for the office of member of the house of
5 33 representatives or state senator or office of a statewide
5 34 elected official.
5 35 Sec. 4. Section 68B.32B, subsection 1, Code 2005, is
6 1 amended to read as follows:
6 2 1. Any person may file a complaint alleging that a
6 3 candidate, committee, person holding a state office in the
6 4 executive branch of state government, employee of the
6 5 executive branch of state government, or other person has
6 6 committed a violation of chapter 68A or rules adopted by the
6 7 board. Any person may file a complaint alleging that a person
6 8 holding a state office in the executive branch of state
6 9 government, an employee of the executive branch of state
6 10 government, or a lobbyist or a client of a lobbyist of the
6 11 executive branch of state government has committed a violation
6 12 of this chapter or rules adopted by the board. The board
6 13 shall prescribe and provide forms for this purpose. A
6 14 complaint must include the name and address of the
6 15 complainant, a statement of the facts believed to be true that
6 16 form the basis of the complaint, including the sources of
6 17 information and approximate dates of the acts alleged, and a
6 18 certification by the complainant under penalty of perjury that
6 19 the facts stated to be true are true to the best of the
6 20 complainant's knowledge. In addition to any other penalty, a
6 21 person who files a complaint with the board knowing that the
6 22 statement of facts provided is not true may be assessed a
6 23 civil penalty by the board in an amount not to exceed two
6 24 thousand dollars.
6 25 Sec. 5. Section 68B.32B, subsection 7, Code 2005, is
6 26 amended to read as follows:
6 27 7. Notwithstanding subsections 1 through 6, the board may,
6 28 on its own motion and without the filing of a complaint by
6 29 another person, initiate investigations into matters that the
6 30 board believes may be subject to the board's jurisdiction.
6 31 This section does not preclude persons from providing
6 32 information to the board for possible board=initiated
6 33 investigation instead of filing a complaint. A person who
6 34 provides information to the board knowing that the information
6 35 provided is not true may be assessed a civil penalty by the
7 1 board in an amount not to exceed two thousand dollars.
7 2 EXPLANATION
7 3 This bill relates to political campaigns and campaign
7 4 finance and disclosure. The bill renumbers certain provisions
7 5 relating to attribution statements.
7 6 The bill creates a new Code section that requires the
7 7 disclosure of certain information by the end of political
7 8 telephone calls that have the effect of promoting or opposing
7 9 a candidate or ballot issue.
7 10 The bill also limits cash and in=kind campaign
7 11 contributions to candidates for statewide office or the
7 12 general assembly and to political parties. The bill also
7 13 provides that a political party may establish no more than one
7 14 fund to provide contributions to a candidate for statewide
7 15 office or the general assembly.
7 16 Violation of these new Code sections is subject to the
7 17 penalties set out in Code sections 68A.701 and 68B.32D.
7 18 The bill imposes an additional civil penalty for falsely
7 19 instigating a complaint with the ethics and campaign
7 20 disclosure board or providing information to the board that
7 21 the person knows to be untrue.
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