House File 580 - Introduced HOUSE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 154) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act regulating electioneering communications for campaign 2 finance and disclosure purposes and making civil remedies 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1968HV 82 6 jr/je/5 PAG LIN 1 1 Section 1. Section 68A.102, Code 2007, is amended by 1 2 adding the following new subsections: 1 3 NEW SUBSECTION. 13A. "Electioneering committee" means any 1 4 organization, other than a candidate's committee or a 1 5 political committee, that creates or disseminates an 1 6 electioneering communication, but does not include a 1 7 newspaper, radio, television, or other media organization, 1 8 including its owner or personnel, which disseminates an 1 9 electioneering communication as a paid advertisement. 1 10 NEW SUBSECTION. 13B. "Electioneering communication" means 1 11 any print, radio, televised, telephonic, or electronic 1 12 communication in any form or content, which is disseminated to 1 13 the general public or a segment thereof, that refers to a 1 14 clearly identified candidate for elected public office, if the 1 15 communication has the effect of encouraging or discouraging a 1 16 vote for the candidate, and is made within a period of thirty 1 17 days before a primary election or sixty days before a general 1 18 or special election for the public office sought by the 1 19 candidate. 1 20 Sec. 2. NEW SECTION. 68A.401A ELECTIONEERING 1 21 COMMUNICATIONS. 1 22 1. An electioneering committee shall file a statement of 1 23 organization with the board prior to making an electioneering 1 24 communication. The statement of organization shall comply 1 25 with the provisions of section 68A.201. 1 26 2. An electioneering committee shall file a report with 1 27 the board within forty=eight hours of making an electioneering 1 28 communication. Reports filed under this section shall be 1 29 filed using the board's electronic filing system. The report 1 30 shall include all of the following: 1 31 a. The name and mailing address of each person who gave a 1 32 contribution of money, in=kind contribution, or a loan to the 1 33 electioneering committee, for use in this state, if the 1 34 aggregate amount or fair=market value exceeds twenty=five 1 35 dollars in a calendar year. Loans received and loan 2 1 repayments shall be reported on a separate schedule. 2 2 b. The name and mailing address of each person to whom 2 3 disbursements or loan repayments have been made by the 2 4 electioneering committee in this state and the amount, 2 5 purpose, and date of each disbursement except that 2 6 disbursements of less than five dollars may be shown as 2 7 miscellaneous disbursements as long as the aggregate 2 8 miscellaneous disbursements to any one person during a 2 9 calendar year do not exceed one hundred dollars. 2 10 c. The amount and nature of debts and obligations owed by 2 11 the electioneering committee for electioneering communications 2 12 in this state. 2 13 3. This section shall not apply to any of the following: 2 14 a. A communication appearing in a news story, commentary, 2 15 or editorial distributed through a media organization, unless 2 16 such organization is owned or controlled by a political party, 2 17 political committee, or candidate. 2 18 b. A communication that constitutes a candidate debate or 2 19 forum conducted pursuant to rules adopted by the board, or 2 20 that solely promotes such a debate or forum and is made by or 2 21 on behalf of the person sponsoring the debate or forum. 2 22 c. A communication disseminated to fewer than one hundred 2 23 named individuals. 2 24 d. A communication contained in an individual's internet 2 25 website. 2 26 e. Activities by a political committee or a candidate's 2 27 committee organized under this chapter. 2 28 f. Express advocacy communications. 2 29 4. The board shall adopt rules as necessary to administer 2 30 this section and to implement any judicial ruling relating to 2 31 electioneering committees or communications. 2 32 5. The penalty set out in section 68A.701 does not apply 2 33 to a violation of this section. 2 34 EXPLANATION 2 35 This bill regulates electioneering communications, which 3 1 are defined as communications that: (1) refer to a clearly 3 2 identified candidate for elected public office; (2) have the 3 3 effect of encouraging or discouraging a vote for the 3 4 candidate; and (3) are made within 30 days before a primary 3 5 election or 60 days before a general or special election for 3 6 the public office sought by the candidate. The term does not 3 7 include a communication disseminated to fewer than 100 3 8 persons, a paid advertisement in a media organization, or 3 9 contained in an individual's internet website, commonly 3 10 referred to as a "blog". 3 11 The bill requires that any organization that disseminates 3 12 electioneering communications must file a statement of 3 13 organization with the ethics and campaign disclosure board 3 14 prior to making any electioneering communication. Disclosure 3 15 reports are required to be made and must include a variety of 3 16 information including the name and mailing address of each 3 17 person who gave a contribution or contributions of money, 3 18 in=kind contributions, or loans to the electioneering 3 19 committee if the aggregate amount or fair=market value exceeds 3 20 $25 in a calendar year. 3 21 The criminal penalty normally associated with violations of 3 22 Code chapter 68A is made inapplicable to violations of the 3 23 bill. A variety of civil remedies for a violation are 3 24 available in Code section 68B.32D, ranging from a reprimand to 3 25 a civil penalty of not more than $2,000. 3 26 LSB 1968HV 82 3 27 jr:rj/je/5