House File 2248 - Introduced
HOUSE FILE
BY D. OLSON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to reporting requirements for organizations that
2 engage in public communications encouraging or discouraging a
3 vote for a candidate for public office.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5732YH 82
6 jr/rj/5
PAG LIN
1 1 Section 1. NEW SECTION. 68A.401A PUBLIC COMMUNICATIONS
1 2 BY ORGANIZATIONS.
1 3 1. An organization shall file a statement of organization
1 4 with the board prior to engaging in any public communication
1 5 intended for the public or any segment thereof in this state,
1 6 which refers to a clearly identified candidate for elected
1 7 public office, if the communication does all of the following:
1 8 a. Has the effect of encouraging or discouraging a vote
1 9 for the candidate, regardless of whether the communication
1 10 expressly advocates a vote for or against the candidate.
1 11 b. Can be received by five thousand or more persons who
1 12 are eligible electors in the election for that public office.
1 13 c. Is made within sixty days before a general or special
1 14 election for the public office sought by the candidate, or
1 15 thirty days before a primary election for the office sought by
1 16 the candidate.
1 17 2. The statement of organization shall contain the name,
1 18 mailing address, telephone number, and internet site or e=mail
1 19 address, if available, of the organization and shall contain
1 20 the name of each member of the organization, and any other
1 21 information as may be required by rules adopted pursuant to
1 22 this chapter.
1 23 3. An organization shall file a report with the board
1 24 within forty=eight hours of making a public communication in
1 25 this state as described in subsection 1. Reports filed under
1 26 this section shall be filed using the board's electronic
1 27 filing system. The report shall include all of the following:
1 28 a. The name and mailing address of each person who gave a
1 29 contribution or contributions of money to the organization if
1 30 the aggregate amount of contributions exceeds twenty=five
1 31 dollars in a calendar year and the contribution or
1 32 contributions of money were used for a public communication in
1 33 this state as described in subsection 1.
1 34 b. The name and mailing address of each person who gave an
1 35 in=kind contribution to the organization if the aggregate fair
2 1 market value of the in=kind contribution exceeds twenty=five
2 2 dollars in a calendar year and was used for a public
2 3 communication in this state as described in subsection 1.
2 4 c. The name and mailing address of each person who gave a
2 5 loan to the organization in an amount greater than twenty=five
2 6 dollars, together with the name and mailing address of the
2 7 lender and any endorser, the date and amount of each loan
2 8 received, and the date and amount of each loan repayment made
2 9 or to be made. Loans received and loan repayments shall be
2 10 reported on a separate schedule. This paragraph shall apply
2 11 only to loans that were used for a public communication in
2 12 this state as described in subsection 1.
2 13 d. The name and mailing address of each person to whom
2 14 disbursements or loan repayments have been made by the
2 15 organization in this state and the amount, purpose, and date
2 16 of each disbursement except that disbursements of less than
2 17 five dollars may be shown as miscellaneous disbursements as
2 18 long as the aggregate miscellaneous disbursements to any one
2 19 person during a calendar year do not exceed one hundred
2 20 dollars.
2 21 e. The amount and nature of debts and obligations owed by
2 22 the organization for public communications in this state as
2 23 described in subsection 1.
2 24 f. Other pertinent information required by this chapter,
2 25 by rules adopted pursuant to this chapter, or by forms
2 26 prescribed by the board.
2 27 4. This section shall not apply to any of the following:
2 28 a. A communication appearing in a news story, commentary,
2 29 or editorial distributed through a media organization, unless
2 30 such media organization is owned or controlled by a political
2 31 party, political committee, or candidate.
2 32 b. A communication that constitutes a candidate debate or
2 33 forum conducted pursuant to rules adopted by the board, or
2 34 that solely promotes such a debate or forum and is made by or
2 35 on behalf of the person sponsoring the debate or forum.
3 1 c. Activities by a political committee or a committee
3 2 registered under this chapter.
3 3 5. All public communications described in subsection 1
3 4 shall contain easily discernable information which will direct
3 5 the public to an internet site or the Iowa ethics and campaign
3 6 disclosure board's internet site containing the information
3 7 required by this section.
3 8 6. The board shall adopt rules pursuant to chapter 17A to
3 9 administer this section.
3 10 EXPLANATION
3 11 This bill requires an organization engaging in a public
3 12 communication, which refers to a clearly identified candidate
3 13 for state or local public office and which has the effect of
3 14 encouraging or discouraging a vote for that candidate, to file
3 15 a statement of organization with the ethics and campaign
3 16 disclosure board prior to making that communication. The bill
3 17 applies to a public communication that can be received by
3 18 5,000 or more persons who are eligible to vote in the election
3 19 for that office, and is made within 60 days before a general
3 20 or special election for the office sought by the candidate, or
3 21 30 days before a primary election for the office sought by the
3 22 candidate.
3 23 The organization is also required to file a report with the
3 24 board containing a variety of information including the name
3 25 and mailing address of each person who gave a contribution or
3 26 contributions of money or in=kind contributions to the
3 27 organization if the aggregate amount or fair market value
3 28 exceeds $25 in a calendar year.
3 29 The bill requires that all public communications contain
3 30 easily discernable information which will direct the public to
3 31 an internet site or the Iowa ethics and campaign disclosure
3 32 board's internet site containing the information required by
3 33 the bill.
3 34 The criminal penalty for a violation of Code chapter 68A is
3 35 a serious misdemeanor. A variety of civil remedies for
4 1 violations are also available in Code section 68B.32D, ranging
4 2 from a reprimand to a civil penalty of not more than $2,000.
4 3 LSB 5732YH 82
4 4 jr/rj/5