House File 67 



                                       HOUSE 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