House File 67HOUSE FILE BY HUSER and RAECKER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to electioneering communications and requiring 2 reports to be filed by persons making these communications and 3 making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1185YH 82 6 jr/gg/14 PAG LIN 1 1 Section 1. NEW SECTION. 68A.401A ELECTIONEERING 1 2 COMMUNICATIONS. 1 3 1. "Electioneering communication" means any communication 1 4 that refers to a clearly identified candidate for elected 1 5 public office, if the communication does all of the following: 1 6 a. Has the effect of encouraging or discouraging a vote 1 7 for the candidate, regardless of whether the communication 1 8 expressly advocates a vote for or against the candidate. 1 9 b. Can be received by five thousand or more persons who 1 10 are eligible to vote in the election for that public office. 1 11 c. Is made within sixty days before a general or special 1 12 election for the public office sought by the candidate, or 1 13 thirty days before a primary election for the office sought by 1 14 the candidate. 1 15 2. An organization that engages in electioneering 1 16 communications shall be designated as an electioneering 1 17 committee. 1 18 3. An electioneering committee shall file a statement of 1 19 organization with the board prior to making an electioneering 1 20 communication. The statement of organization shall contain 1 21 all of the following information: 1 22 a. The name, purpose, mailing address, telephone number, 1 23 and internet site or e=mail, if available, of the 1 24 electioneering committee. 1 25 b. The name and mailing address of the chair and treasurer 1 26 of the electioneering committee. 1 27 c. Such other information as may be required by rules 1 28 adopted pursuant to this chapter. 1 29 4. An electioneering committee shall file a report with 1 30 the board within forty=eight hours of making an electioneering 1 31 communication. Reports filed under this section shall be 1 32 filed using the board's electronic filing system. The report 1 33 shall include all of the following: 1 34 a. The name and mailing address of each person who gave a 1 35 contribution or contributions of money to the electioneering 2 1 committee if the aggregate amount exceeds twenty=five dollars 2 2 in a calendar year and the contribution or contributions of 2 3 money were used for electioneering communications in this 2 4 state. 2 5 b. The name and mailing address of each person who gave an 2 6 in=kind contribution or contributions to the electioneering 2 7 committee if the aggregate fair market value exceeds 2 8 twenty=five dollars in a calendar year and the in=kind 2 9 contribution or contributions were used for electioneering 2 10 communications in this state. 2 11 c. The name and mailing address of each person who gave a 2 12 loan to the electioneering committee in an amount greater than 2 13 twenty=five dollars, together with the name and mailing 2 14 address of the lender and any endorser, the date and amount of 2 15 each loan received, and the date and amount of each loan 2 16 repayment made or to be made. Loans received and loan 2 17 repayments shall be reported on a separate schedule. This 2 18 paragraph shall apply only to loans that were used for 2 19 electioneering communications in this state. 2 20 d. The name and mailing address of each person to whom 2 21 disbursements or loan repayments have been made by the 2 22 electioneering committee in this state and the amount, 2 23 purpose, and date of each disbursement except that 2 24 disbursements of less than five dollars may be shown as 2 25 miscellaneous disbursements as long as the aggregate 2 26 miscellaneous disbursements to any one person during a 2 27 calendar year do not exceed one hundred dollars. 2 28 e. The amount and nature of debts and obligations owed by 2 29 the electioneering committee for electioneering communications 2 30 in this state. 2 31 f. Other pertinent information required by this chapter, 2 32 by rules adopted pursuant to this chapter, or by forms 2 33 prescribed by the board. 2 34 5. This section shall not apply to any of the following: 2 35 a. A communication appearing in a news story, commentary, 3 1 or editorial distributed through a media organization, unless 3 2 such organization is owned or controlled by a political party, 3 3 political committee, or candidate. 3 4 b. A communication that constitutes a candidate debate or 3 5 forum conducted pursuant to rules adopted by the board, or 3 6 that solely promotes such a debate or forum and is made by or 3 7 on behalf of the person sponsoring the debate or forum. 3 8 c. Activities by political committee or a committee 3 9 registered under this chapter. 3 10 d. Express advocacy communications. 3 11 6. The board shall adopt rules pursuant to chapter 17A to 3 12 administer this section. 3 13 7. The penalty set out in section 68A.701 does not apply 3 14 to a violation of this section. 3 15 EXPLANATION 3 16 This bill relates to the campaign activity known as 3 17 electioneering communications. The term is defined as a 3 18 communication that refers to a clearly identified candidate 3 19 for state or local public office which has the effect of 3 20 encouraging or discouraging a vote for that candidate. The 3 21 term applies only to communications than can be received by 3 22 5,000 or more persons who are eligible to vote in the election 3 23 for that office and is made within 60 days before a general or 3 24 special election for the office sought by the candidate, or 30 3 25 days before a primary election for the office sought by the 3 26 candidate. 3 27 The bill requires that any organization that engages in 3 28 electioneering communications must file a statement of 3 29 organization with the ethics and campaign disclosure board 3 30 prior to making any electioneering communication. The report 3 31 requires a variety of information including the name and 3 32 mailing address of each person who gave a contribution or 3 33 contributions of money or in=kind contributions to the 3 34 electioneering committee if the aggregate amount or fair 3 35 market value exceeds $25 in a calendar year. 4 1 The criminal penalty normally associated with violations of 4 2 Code chapter 68A is made inapplicable to violations of the 4 3 bill. A variety of civil remedies for a violation are 4 4 available in Code section 68B.32D, ranging from a reprimand to 4 5 a civil penalty of not more than $2,000. 4 6 LSB 1185YH 82 4 7 jr:rj/gg/14