House File 99 



                                       HOUSE FILE       
                                       BY  SWAIM and ANDERSON


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

                                      A BILL FOR

  1 An Act prohibiting the distribution of campaign material without
  2    the consent of the candidate benefiting from that material,
  3    restricting the content of certain types of campaign material,
  4    and providing remedies and a penalty.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 1518HH 82
  7 jr/je/5

PAG LIN



  1  1    Section 1.  NEW SECTION.  68A.407  RESTRICTIONS ON THE
  1  2 DISTRIBUTION OF CAMPAIGN MATERIAL WITHOUT THE CONSENT OF THE
  1  3 CANDIDATE BENEFITING FROM THAT MATERIAL == CONTENT
  1  4 RESTRICTIONS ON CAMPAIGN MATERIAL == REMEDIES AND PENALTIES.
  1  5    1.  The general assembly finds that the use of campaign
  1  6 material to disparage or denigrate a particular candidate for
  1  7 public office is increasing and that such campaign material is
  1  8 often generated and distributed without the approval or
  1  9 knowledge of the candidate who might benefit from such
  1 10 campaign material.  The general assembly further finds that
  1 11 such campaign material impedes a full and fair discussion of
  1 12 campaign issues and diminishes the trust and confidence of the
  1 13 public in the electoral process.  It is not the intent of the
  1 14 general assembly to lessen political debate that furthers the
  1 15 ability of the public to understand the issues and positions
  1 16 of candidates for public office.  The general assembly
  1 17 declares that a compelling state interest exists in regulating
  1 18 the generation or distribution of campaign material that has
  1 19 not been approved by the candidate who would benefit from that
  1 20 campaign material, in order to restore the public's trust and
  1 21 confidence in the electoral process.
  1 22    2.  As used in this section:
  1 23    a.  "Beneficiary candidate" means the candidate for public
  1 24 office who would benefit from the distribution of campaign
  1 25 material.
  1 26    b.  "Campaign material" means any print, radio, televised,
  1 27 or electronic communication in any form or with any content
  1 28 that is intended to encourage the recipient of the
  1 29 communication to vote against a particular candidate for
  1 30 public office.
  1 31    c.  "Public office" means any state, county, city, school,
  1 32 or other office of a political subdivision of this state
  1 33 filled by election.
  1 34    d.  "Target candidate" means the candidate for public
  1 35 office against whom the campaign material is directed.
  2  1    3.  A person shall not distribute any campaign material
  2  2 concerning a target candidate with the intent to encourage the
  2  3 recipient of that campaign material to vote against that
  2  4 target candidate, without first disclosing to the beneficiary
  2  5 candidate the nature and content of the campaign material and
  2  6 obtaining, in writing, the prior consent of the beneficiary
  2  7 candidate to the distribution of the campaign material.
  2  8    4.  A person shall not distribute any campaign material
  2  9 that contains a cartoon, caricature, or defacement of the
  2 10 personal likeness of a target candidate.
  2 11    5.  A person shall not distribute any campaign material
  2 12 that contains photographs or other depictions of human role
  2 13 playing, except of a candidate who has approved the campaign
  2 14 material.
  2 15    6.  A person shall not distribute any campaign material
  2 16 regarding a vote cast in the general assembly by a target
  2 17 candidate if a majority of the membership of the house of
  2 18 which the target candidate is a member and of the political
  2 19 party which is not the party of the target candidate voted in
  2 20 the same manner as the target candidate.
  2 21    7.  Campaign material that refers to a prior vote cast by a
  2 22 target candidate on an issue must disclose all of the
  2 23 following:
  2 24    a.  The total votes cast both for and against that issue.
  2 25    b.  The total votes cast by members of each political party
  2 26 of the membership of the legislative chamber of which the
  2 27 target candidate is a member on that issue.
  2 28    8.  A candidate for public office who alleges a violation
  2 29 of this section may file a complaint with the board.  The
  2 30 board shall give priority consideration to any complaint filed
  2 31 under this section over all other matters pending before the
  2 32 board.
  2 33    9.  If the board determines that a violation of this
  2 34 section did occur, the board may impose any of the recommended
  2 35 actions under section 68B.32D.  The penalty established in
  3  1 section 68A.701 does not apply to violations of this section.
  3  2                           EXPLANATION
  3  3    This bill creates new Code section 68A.407 that prohibits
  3  4 the distribution of campaign material intended to encourage
  3  5 the recipient of that material to vote against a particular
  3  6 candidate without the consent of the candidate benefiting from
  3  7 that material.
  3  8    The bill also places additional restrictions on the
  3  9 negative content of campaign material used against a
  3 10 particular candidate.  Campaign material regarding a vote cast
  3 11 in a house of the general assembly by a target candidate is
  3 12 prohibited if a majority of the political party which is not
  3 13 the party of the target candidate voted in the same manner as
  3 14 the target candidate.
  3 15    Any candidate may file a complaint with the ethics and
  3 16 campaign disclosure board.  If the board determines that a
  3 17 violation did occur, the board may impose any of the sanctions
  3 18 and remedial actions under Code section 68B.32D.  These
  3 19 include a civil penalty of not more than $2,000 for each
  3 20 violation.
  3 21 LSB 1518HH 82
  3 22 jr:rj/je/5