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