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