House Study Bill 154 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            STATE GOVERNMENT BILL BY
                                            CHAIRPERSON JOCHUM)


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

                                      A BILL FOR

  1 An Act regulating electioneering communications for campaign
  2    finance and disclosure purposes and making civil remedies
  3    applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1968HC 82
  6 jr/je/5

PAG LIN



  1  1    Section 1.  Section 68A.102, Code 2007, is amended by
  1  2 adding the following new subsections:
  1  3    NEW SUBSECTION.  13A.  "Electioneering committee" means any
  1  4 organization, other than a candidate's committee or a
  1  5 political committee, that creates or disseminates an
  1  6 electioneering communication.
  1  7    NEW SUBSECTION.  13B.  "Electioneering communication" means
  1  8 any print, radio, televised, or electronic communication in
  1  9 any form or content, which is disseminated to the general
  1 10 public or a segment thereof, that refers to a clearly
  1 11 identified candidate for elected public office, if the
  1 12 communication has the effect of encouraging or discouraging a
  1 13 vote for the candidate, regardless of whether the
  1 14 communication expressly advocates a vote for or against the
  1 15 candidate, and is made within a period of thirty days before a
  1 16 primary election or sixty days before a general or special
  1 17 election for the public office sought by the candidate.
  1 18    Sec. 2.  NEW SECTION.  68A.401A  ELECTIONEERING
  1 19 COMMUNICATIONS.
  1 20    1.  An electioneering committee shall file a statement of
  1 21 organization with the board prior to making an electioneering
  1 22 communication.  The statement of organization shall comply
  1 23 with the provisions of section 68A.201.
  1 24    2.  An electioneering committee shall file a report with
  1 25 the board within forty=eight hours of making an electioneering
  1 26 communication.  Reports filed under this section shall be
  1 27 filed using the board's electronic filing system.  The report
  1 28 shall include all of the following:
  1 29    a.  The name and mailing address of each person who gave a
  1 30 contribution of money, in=kind contribution, or a loan to the
  1 31 electioneering committee, for use in this state, if the
  1 32 aggregate amount or fair=market value exceeds twenty=five
  1 33 dollars in a calendar year.  Loans received and loan
  1 34 repayments shall be reported on a separate schedule.
  1 35    b.  The name and mailing address of each person to whom
  2  1 disbursements or loan repayments have been made by the
  2  2 electioneering committee in this state and the amount,
  2  3 purpose, and date of each disbursement except that
  2  4 disbursements of less than five dollars may be shown as
  2  5 miscellaneous disbursements as long as the aggregate
  2  6 miscellaneous disbursements to any one person during a
  2  7 calendar year do not exceed one hundred dollars.
  2  8    c.  The amount and nature of debts and obligations owed by
  2  9 the electioneering committee for electioneering communications
  2 10 in this state.
  2 11    3.  This section shall not apply to any of the following:
  2 12    a.  A communication appearing in a news story, commentary,
  2 13 or editorial distributed through a media organization, unless
  2 14 such organization is owned or controlled by a political party,
  2 15 political committee, or candidate.
  2 16    b.  A communication that constitutes a candidate debate or
  2 17 forum conducted pursuant to rules adopted by the board, or
  2 18 that solely promotes such a debate or forum and is made by or
  2 19 on behalf of the person sponsoring the debate or forum.
  2 20    c.  A communication disseminated to fewer than one hundred
  2 21 named individuals.
  2 22    d.  Activities by a political committee or a candidate's
  2 23 committee organized under this chapter.
  2 24    e.  Express advocacy communications.
  2 25    4.  The penalty set out in section 68A.701 does not apply
  2 26 to a violation of this section.
  2 27                           EXPLANATION
  2 28    This bill regulates electioneering communications, which
  2 29 are defined as communications that:  (1) refer to a clearly
  2 30 identified candidate for elected public office; (2) have the
  2 31 effect of encouraging or discouraging a vote for the
  2 32 candidate; and (3) are made within 30 days before a primary
  2 33 election or 60 days before a general or special election for
  2 34 the public office sought by the candidate.  The term does not
  2 35 include a communication disseminated to fewer than 100
  3  1 persons.
  3  2    The bill requires that any organization that disseminates
  3  3 electioneering communications must file a statement of
  3  4 organization with the ethics and campaign disclosure board
  3  5 prior to making any electioneering communication.  Disclosure
  3  6 reports are required to be made and must include a variety of
  3  7 information including the name and mailing address of each
  3  8 person who gave a contribution or contributions of money,
  3  9 in=kind contributions, or loans to the electioneering
  3 10 committee if the aggregate amount or fair=market value exceeds
  3 11 $25 in a calendar year.
  3 12    The criminal penalty normally associated with violations of
  3 13 Code chapter 68A is made inapplicable to violations of the
  3 14 bill.  A variety of civil remedies for a violation are
  3 15 available in Code section 68B.32D, ranging from a reprimand to
  3 16 a civil penalty of not more than $2,000.
  3 17 LSB 1968HC 82
  3 18 jr:rj/je/5