House File 99HOUSE 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