House File 256 - Introduced HOUSE FILE BY MASCHER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act restricting participation by legislative leaders in 2 electioneering communications and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1717YH 82 5 jr/je/5 PAG LIN 1 1 Section 1. NEW SECTION. 68A.105 ELECTIONEERING 1 2 COMMUNICATIONS BY MEMBERS OF THE GENERAL ASSEMBLY. 1 3 1. As used in this section: 1 4 a. "Electioneering communication" means any communication 1 5 that refers to a clearly identified candidate for statewide 1 6 office or the general assembly and that has the effect of 1 7 encouraging or discouraging a vote for the candidate, 1 8 regardless of whether the communication expressly advocates a 1 9 vote for or against the candidate. 1 10 b. "Leadership position" means the office of president of 1 11 the senate, speaker of the house of representatives, majority 1 12 leader, assistant majority leader, minority leader, or 1 13 assistant minority leader. 1 14 2. A member of the general assembly who holds a leadership 1 15 position shall not direct, manage, organize, advise, or 1 16 consult with any organization that engages in electioneering 1 17 communications. This prohibition shall be effective sixty 1 18 days before a general or special election for the office 1 19 sought by the clearly identified candidate, or thirty days 1 20 before a primary election for the office sought by the clearly 1 21 identified candidate. 1 22 3. The penalty set out in section 68A.701 does not apply 1 23 to violations of this section. 1 24 EXPLANATION 1 25 This bill prohibits legislative leaders from actively 1 26 participating in an organization that engages in 1 27 electioneering communications. The prohibition applies during 1 28 a limited time frame: 60 days before a general or special 1 29 election for the office sought by a clearly identified 1 30 candidate, or 30 days before a primary election sought by a 1 31 clearly identified candidate. Electioneering communications 1 32 are communications which refer to a clearly identified 1 33 candidate for statewide office or the general assembly and 1 34 which have the effect of encouraging or discouraging a vote 1 35 for that candidate. 2 1 The criminal penalty normally associated with violations of 2 2 Code chapter 68A is made inapplicable to violations of the 2 3 bill. A variety of civil remedies for a violation of the bill 2 4 are available in Code section 68B.32D, ranging from a 2 5 reprimand to a civil penalty of not more than $2,000. 2 6 LSB 1717YH 82 2 7 jr:rj/je/5