House File 413 - Introduced
HOUSE FILE
BY COMMITTEE ON STATE GOVERNMENT
(SUCCESSOR TO HF 37)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to electronic filing of campaign finance
2 organizational statements, dissolution reports, and disclosure
3 reports by candidates for statewide office or for the general
4 assembly, establishing a filing deadline for all statements
5 and reports, providing a penalty, and providing applicability
6 dates.
7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
8 TLSB 1308HV 82
9 jr/je/5
PAG LIN
1 1 Section 1. Section 68A.401, subsection 1, Code 2007, is
1 2 amended to read as follows:
1 3 1. All statements and reports required to be filed under
1 4 this chapter shall be filed with the board as provided in
1 5 section 68A.402, subsection 1. The board shall provide copies
1 6 of post on its internet website all statements and reports
1 7 filed under this chapter for a county, city, school, or other
1 8 political subdivision to the commissioner responsible under
1 9 section 47.2. For purposes of this section, the term
1 10 "statement" does not include a bank statement.
1 11 Sec. 2. Section 68A.401, subsection 1, Code 2007, is
1 12 amended by adding the following new paragraphs:
1 13 NEW PARAGRAPH. a. A candidate's committee of a candidate
1 14 for statewide office or the general assembly shall file all
1 15 statements and reports in an electronic format by four=thirty
1 16 p.m. of the day the filing is due and according to rules
1 17 adopted by the board. Any other candidate or political
1 18 committee may submit the statements and reports in an
1 19 electronic format as prescribed by rule.
1 20 NEW PARAGRAPH. b. If the board determines that a
1 21 violation of this subsection has occurred, the board may
1 22 impose any of the remedies or penalties provided for under
1 23 section 68B.32D, except that the board shall not refer any
1 24 complaint or supporting information of a violation of this
1 25 section to the attorney general or any county attorney for
1 26 prosecution.
1 27 Sec. 3. Section 68A.402, subsection 1, Code 2007, is
1 28 amended to read as follows:
1 29 1. FILING METHODS. Each committee shall file with the
1 30 board reports disclosing information required under this
1 31 section on forms prescribed by rule. Reports shall be filed
1 32 on or before the required due dates by using any of the
1 33 following methods: mail bearing a United States postal
1 34 service postmark, hand=delivery, facsimile transmission, or
1 35 electronic filing as prescribed by rule. Any report that is
2 1 required to be filed five days prior to an election must be
2 2 physically received by the board to be considered timely
2 3 filed. For purposes of this section, "physically received"
2 4 means the report is either electronically filed using the
2 5 board's electronic filing system or is received by the board
2 6 prior to four=thirty p.m. on the report due date.
2 7 Sec. 4. Section 68A.403, subsection 1, Code 2007, is
2 8 amended to read as follows:
2 9 1. A Unless filed in an electronic format in accordance
2 10 with section 68A.401, subsection 1, a report or statement
2 11 required to be filed under this chapter shall be signed by the
2 12 person filing the report.
2 13 Sec. 5. APPLICABILITY. The requirements of section
2 14 68A.401, subsection 1, paragraphs "a" and "b", apply to
2 15 committees that file a statement of organization on or after
2 16 January 1, 2010, and all committees, regardless of when they
2 17 filed their statement of organization, on January 1, 2012.
2 18 EXPLANATION
2 19 This bill institutes mandatory electronic filing of
2 20 campaign finance statements of organization, dissolution
2 21 reports, and disclosure reports by all candidates for
2 22 statewide office and for the general assembly. The required
2 23 electronic filing shall be made by 4:30 p.m. on the day the
2 24 filing is due. The election filing portions of the bill apply
2 25 January 1, 2010, to newly formed committees of a candidate for
2 26 statewide office or for the general assembly, and apply to all
2 27 such committees on January 1, 2012.
2 28 Any other candidate or committee may submit its campaign
2 29 finance statements of organization, dissolution reports, and
2 30 disclosure reports in an electronic format.
2 31 The bill requires that all reports required to be filed
2 32 five days prior to an election must be electronically filed or
2 33 physically received by the board by 4:30 p.m. on the due date
2 34 to be considered timely filed. The bill requires that
2 35 statements and reports be posted on the board's website and
3 1 clarifies that the term "statement" does not include a bank
3 2 statement.
3 3 Penalties for the violation of these provisions are set out
3 4 in Code section 68B.32D, ranging from a public reprimand to a
3 5 $2,000 fine.
3 6 LSB 1308HV 82
3 7 jr:rj/je/5.1