House File 101HOUSE FILE BY JACOBS, GIPP, and BOAL Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to electioneering communications and making 2 penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1940YH 82 5 jr/je/5 PAG LIN 1 1 Section 1. NEW SECTION. 68A.401A ELECTIONEERING 1 2 COMMUNICATIONS. 1 3 1. "Electioneering communication" means a print, radio, 1 4 televised, or electronic communication in any form or content, 1 5 which is intended for the general public or a segment thereof, 1 6 that refers to a clearly identified candidate for elected 1 7 public office, if the communication has the effect of 1 8 encouraging or discouraging a vote for the candidate, 1 9 regardless of whether the communication expressly advocates a 1 10 vote for or against the candidate, and is made within fourteen 1 11 days before a primary, general, or special election for the 1 12 public office sought by the candidate. 1 13 2. An organization that engages in electioneering 1 14 communications shall be designated as an electioneering 1 15 committee. 1 16 3. An electioneering committee shall file a statement of 1 17 organization with the board prior to making an electioneering 1 18 communication. The statement of organization shall comply 1 19 with the provisions of section 68A.201. 1 20 4. An electioneering committee shall file a report with 1 21 the board within forty=eight hours of making an electioneering 1 22 communication. Reports filed under this section shall be 1 23 filed using the board's electronic filing system. The report 1 24 shall include all of the following: 1 25 a. The name and mailing address of each person who gave a 1 26 contribution of money, in=kind contribution, or a loan to the 1 27 electioneering committee, for use in this state, if the 1 28 aggregate amount or fair=market value exceeds twenty=five 1 29 dollars in a calendar year. Loans received and loan 1 30 repayments shall be reported on a separate schedule. 1 31 b. The name and mailing address of each person to whom 1 32 disbursements or loan repayments have been made by the 1 33 electioneering committee in this state and the amount, 1 34 purpose, and date of each disbursement except that 1 35 disbursements of less than five dollars may be shown as 2 1 miscellaneous disbursements as long as the aggregate 2 2 miscellaneous disbursements to any one person during a 2 3 calendar year do not exceed one hundred dollars. 2 4 c. The amount and nature of debts and obligations owed by 2 5 the electioneering committee for electioneering communications 2 6 in this state. 2 7 5. This section shall not apply to any of the following: 2 8 a. A communication appearing in a news story, commentary, 2 9 or editorial distributed through a media organization, unless 2 10 such organization is owned or controlled by a political party, 2 11 political committee, or candidate. 2 12 b. A communication that constitutes a candidate debate or 2 13 forum conducted pursuant to rules adopted by the board, or 2 14 that solely promotes such a debate or forum and is made by or 2 15 on behalf of the person sponsoring the debate or forum. 2 16 c. A communication directed at fifty or fewer named 2 17 individuals. 2 18 d. Activities by a political committee or candidate's 2 19 committee registered under this chapter. 2 20 e. Express advocacy communications. 2 21 6. The penalty set out in section 68A.701 does not apply 2 22 to a violation of this section. 2 23 EXPLANATION 2 24 This bill regulates electioneering communications, which 2 25 are defined as communications that: (1) refer to a clearly 2 26 identified candidate for elected public office, (2) have the 2 27 effect of encouraging or discouraging a vote for the 2 28 candidate, and (3) are made within 14 days before a primary, 2 29 general, or special election for the public office sought by 2 30 the candidate. 2 31 The bill requires an organization that engages in 2 32 electioneering communications to file a statement of 2 33 organization with the ethics and campaign disclosure board 2 34 prior to making any electioneering communication. Disclosure 2 35 reports require a variety of information including the name 3 1 and mailing address of each person who gave a contribution or 3 2 contributions of money or in=kind contributions to the 3 3 electioneering committee if the aggregate amount or 3 4 fair=market value exceeds $25 in a calendar year. 3 5 The criminal penalty normally associated with violations of 3 6 Code chapter 68A is made inapplicable to violations of the 3 7 bill. A variety of civil remedies for a violation is 3 8 available in Code section 68B.32D, ranging from a reprimand to 3 9 a civil penalty of not more than $2,000. 3 10 LSB 1940YH 82 3 11 jr:rj/je/5