House File 863 - Introduced



                                     HOUSE FILE       
                                     BY  COMMITTEE ON STATE GOVERNMENT

                                     (SUCCESSOR TO HF 68)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act regulating certain political telephone communications,
  2    applying a penalty, and providing an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1756HV 82
  5 jr/es/88

PAG LIN



  1  1    Section 1.  NEW SECTION.  68A.407  PERSUASION POLLING AND
  1  2 POLITICAL TELEPHONE SOLICITATION.
  1  3    1.  The general assembly finds that political telephone
  1  4 communication is increasingly used in political campaigns in
  1  5 this state in a deceitful manner, including but not limited to
  1  6 the use of persuasion polling, which jeopardizes the integrity
  1  7 of the electoral process and perpetuates a fraud on the
  1  8 citizenry by masking persuasive telemarketing techniques in a
  1  9 shroud of scientific sincerity.
  1 10    The purpose of a legitimate poll or survey is to obtain
  1 11 opinions; the goal of a persuasion poll is to influence the
  1 12 voter's choice through innuendo or false or misleading
  1 13 information about a candidate, the candidate's family, or the
  1 14 candidate's position on issues.  The general assembly declares
  1 15 that persuasion polling is an appropriate subject for state
  1 16 regulation in the same manner as written and broadcast
  1 17 political advertisements are an appropriate subject for state
  1 18 regulation.  It is not the intent of the general assembly to
  1 19 adversely impact legitimate scientific polling and surveying
  1 20 or to infringe on the rights of candidates and others to
  1 21 engage in robust, unfettered political speech.
  1 22    2.  As used in this section:
  1 23    a.  "Basic preference question" means a question that
  1 24 provides a respondent with a nondescriptive list of
  1 25 candidates' names and asks which candidate the respondent
  1 26 supports in a particular election.
  1 27    b.  (1)  "Persuasion poll" means a telephone survey
  1 28 conducted by a pollster or polling organization, or series of
  1 29 telephone surveys that are similar in nature, designed to
  1 30 include or actually including more than one thousand calls,
  1 31 that reference a candidate or group of candidates other than
  1 32 in a basic preference question, and to which any one or more
  1 33 of the following applies:
  1 34    (a)  A list or directory is used, exclusively or in part,
  1 35 to select respondents belonging to a particular subset or
  2  1 combination of subsets of the population, based on demographic
  2  2 or political characteristics including but not limited to
  2  3 race, sex, age, religion, ethnicity, or party affiliation.
  2  4    (b)  The telephone survey takes less than three minutes to
  2  5 complete, excluding any sponsorship identification.
  2  6    (c)  The telephone survey does not make demographic
  2  7 inquiries on factors such as age, household income, or status
  2  8 as a likely voter, sufficient to allow for the tabulation of
  2  9 results based on relevant subsets of the population consistent
  2 10 with standard industry practice.
  2 11    (d)  The individual or organization conducting the
  2 12 telephone survey does not collect or tabulate survey results.
  2 13    (2)  "Persuasion poll" does not include a telephone survey
  2 14 supporting a particular candidate that does not reference
  2 15 another candidate or candidates, other than in a basic
  2 16 preference question.
  2 17    c.  "Political telephone solicitation" means a telephone
  2 18 call to a residence, other than through a poll or survey,
  2 19 supporting or opposing a candidate, elected official,
  2 20 political party, or political organization.  "Political
  2 21 telephone solicitation" includes a solicitation made by an
  2 22 automated dialing device providing a recorded message.
  2 23 However, "political telephone solicitation" does not include a
  2 24 solicitation personally made by a candidate relating to the
  2 25 candidate's own election.
  2 26    3.  A person shall not authorize, commission, conduct, or
  2 27 administer a persuasion poll or political telephone
  2 28 solicitation by telephone or telephonic device unless, during
  2 29 each call, the caller complies with all of the following:
  2 30    a.  The caller identifies all persons sponsoring or
  2 31 authorizing the call by stating:  "This is a paid political
  2 32 advertisement by (name of persons)".
  2 33    b.  If a person identified as either sponsoring or
  2 34 authorizing the call is not required to file any documents
  2 35 with the board pursuant to this chapter, the person shall
  3  1 disclose a valid, current, publicly listed telephone number
  3  2 and address for the person or the person's organization.
  3  3    c.  If a person identified as either sponsoring or
  3  4 authorizing the call is affiliated with a candidate, the
  3  5 person shall disclose the candidate's name and the office
  3  6 sought by the candidate.
  3  7    d.  If the call is an independent expenditure, the caller
  3  8 shall state that no candidate has approved the call.
  3  9    4.  A person shall not state or imply false or fictitious
  3 10 names or telephone numbers when providing the disclosures
  3 11 under this section.
  3 12    5.  All oral disclosures required by this section shall be
  3 13 made in a clear and intelligible manner within five seconds of
  3 14 the conclusion of the call, and shall be repeated in such
  3 15 manner at the request of the call recipient.  Disclosures made
  3 16 by any telephonic device must offer respondents a procedure to
  3 17 have the disclosures repeated.
  3 18    6.  This section does not apply to a persuasion poll or
  3 19 political telephone solicitation if the individuals
  3 20 participating in the call are known to each other prior to the
  3 21 call.
  3 22    7.  a.  A person who conducts a persuasion poll or
  3 23 political telephone solicitation, prior to conducting such
  3 24 poll or solicitation, shall have and continuously maintain for
  3 25 at least one hundred eighty days following the cessation of
  3 26 business activities in this state, a registered agent for the
  3 27 purpose of service of process, notice, or demand required or
  3 28 permitted by law, and shall file with the board notice of such
  3 29 registered agent, including the name, address, and telephone
  3 30 number of the registered agent.  The registered agent must be
  3 31 an individual resident of this state, a domestic corporation,
  3 32 or a foreign corporation authorized to do business in this
  3 33 state.
  3 34    b.  Any changes in information provided to the board under
  3 35 paragraph "a" shall be reported to the board immediately.
  4  1    c.  For purposes of this subsection, conducting a
  4  2 persuasion poll or political telephone solicitation in this
  4  3 state includes placing calls from a location in this state or
  4  4 placing calls from outside this state to individuals located
  4  5 within this state.
  4  6    d.  This subsection does not apply to a person already
  4  7 lawfully registered to conduct business in this state.
  4  8    8.  The board shall adopt rules and create forms as
  4  9 necessary to administer this section.
  4 10    9.  If the board determines that a violation has occurred,
  4 11 the board may impose any of the remedies or penalties under
  4 12 section 68B.32D.
  4 13    10.  The requirements of this section do not apply to the
  4 14 following:
  4 15    a.  A legitimate poll conducted by a polling firm which has
  4 16 registered with the board as a polling firm.  A polling firm
  4 17 must register with the board prior to conducting any poll.  A
  4 18 registration shall be valid for one hundred eighty days.
  4 19    b.  A telephone communication that is made to fewer than
  4 20 one thousand persons, if the average time of each
  4 21 communication is more than three minutes.
  4 22    c.  A telephone communication that is made with the written
  4 23 approval of the candidate.
  4 24    d.  A telephone communication by a volunteer or the
  4 25 candidate to the individual who is personally known to the
  4 26 volunteer or the candidate.
  4 27    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  4 28 immediate importance, takes effect upon enactment.
  4 29                           EXPLANATION
  4 30    This bill creates a new provision as part of Iowa's
  4 31 campaign disclosure law.  The bill regulates the use of
  4 32 persuasion polling and political telephone solicitations by
  4 33 requiring certain disclosures relating to the person who is
  4 34 responsible for the poll or solicitation; both terms are
  4 35 defined in the bill.  A persuasion poll is an attempt to
  5  1 influence the listener to either support or oppose a
  5  2 candidate, under the guise of conducting a legitimate opinion
  5  3 poll.  A political telephone solicitation is a telephone
  5  4 communication either supporting or opposing a candidate,
  5  5 elected official, political party or organization.
  5  6    The bill requires a person conducting a persuasion poll or
  5  7 a political telephone solicitation to identify all persons
  5  8 sponsoring or authorizing the call, along with an address and
  5  9 telephone number and state whether a candidate has authorized
  5 10 the call.  The person conducting a persuasion poll or a
  5 11 political telephone solicitation must also have a registered
  5 12 agent within the state, for the purpose of service of process,
  5 13 at the time the persuasion poll or political telephone
  5 14 solicitation is conducted, and for the subsequent 180 days.
  5 15    Violations of the bill are punishable by the ethics and
  5 16 campaign disclosure board, including public reprimand, cease
  5 17 and desist orders, and civil penalty, under Code section
  5 18 68B.32D.  Willful violation of the bill is punishable as a
  5 19 serious misdemeanor under Code section 68A.701.
  5 20    The bill is effective upon enactment.
  5 21 LSB 1756HV 82
  5 22 jr:rj/es/88.1