Senate Study Bill 1063 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED ETHICS AND CAMPAIGN DISCLOSURE BOARD BILL) A BILL FOR An Act relating to campaign finance by requiring electronic 1 filing of certain statements and reports and by raising the 2 minimum dollar amounts that trigger certain regulations. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1332DP (2) 86 aw/sc
S.F. _____ H.F. _____ Section 1. Section 68A.102, subsections 5, 12, and 18, Code 1 2015, are amended to read as follows: 2 5. “Candidate’s committee” means the committee designated 3 by the candidate for a state, county, city, or school office 4 to receive contributions in excess of seven hundred fifty one 5 thousand dollars in the aggregate, expend funds in excess of 6 seven hundred fifty one thousand dollars in the aggregate, or 7 incur indebtedness on behalf of the candidate in excess of 8 seven hundred fifty one thousand dollars in the aggregate in 9 any calendar year. 10 12. “County statutory political committee” means a committee 11 as described in section 43.100 that accepts contributions in 12 excess of seven hundred fifty one thousand dollars in the 13 aggregate, makes expenditures in excess of seven hundred fifty 14 one thousand dollars in the aggregate, or incurs indebtedness 15 in excess of seven hundred fifty one thousand dollars in the 16 aggregate in any one calendar year to expressly advocate the 17 nomination, election, or defeat of a candidate for public 18 office. 19 18. “Political committee” means any of the following: 20 a. A committee, but not a candidate’s committee, that 21 accepts contributions in excess of seven hundred fifty one 22 thousand dollars in the aggregate, makes expenditures in excess 23 of seven hundred fifty one thousand dollars in the aggregate, 24 or incurs indebtedness in excess of seven hundred fifty one 25 thousand dollars in the aggregate in any one calendar year 26 to expressly advocate the nomination, election, or defeat of 27 a candidate for public office, or to expressly advocate the 28 passage or defeat of a ballot issue. 29 b. An association, lodge, society, cooperative, union, 30 fraternity, sorority, educational institution, civic 31 organization, labor organization, religious organization, 32 or professional organization that accepts contributions in 33 excess of seven hundred fifty one thousand dollars in the 34 aggregate, makes expenditures in excess of seven hundred fifty 35 -1- LSB 1332DP (2) 86 aw/sc 1/ 7
S.F. _____ H.F. _____ one thousand dollars in the aggregate, or incurs indebtedness 1 in excess of seven hundred fifty one thousand dollars in the 2 aggregate in any one calendar year to expressly advocate the 3 nomination, election, or defeat of a candidate for public 4 office, or to expressly advocate the passage or defeat of a 5 ballot issue. 6 c. A person, other than an individual, that accepts 7 contributions in excess of seven hundred fifty one thousand 8 dollars in the aggregate, makes expenditures in excess of seven 9 hundred fifty one thousand dollars in the aggregate, or incurs 10 indebtedness in excess of seven hundred fifty one thousand 11 dollars in the aggregate in any one calendar year to expressly 12 advocate that an individual should or should not seek election 13 to a public office prior to the individual becoming a candidate 14 as defined in subsection 4 . 15 Sec. 2. Section 68A.201, subsection 2, paragraph e, Code 16 2015, is amended to read as follows: 17 e. A signed statement by the treasurer of the committee 18 and the candidate, in the case of a candidate’s committee, 19 which shall verify that they are aware of the requirement 20 to file disclosure reports if the committee, the committee 21 officers, the candidate, or both the committee officers and 22 the candidate receive contributions in excess of seven hundred 23 fifty one thousand dollars in the aggregate, make expenditures 24 in excess of seven hundred fifty one thousand dollars in the 25 aggregate, or incur indebtedness in excess of seven hundred 26 fifty one thousand dollars in the aggregate in a calendar year 27 to expressly advocate the nomination, election, or defeat of 28 any candidate for public office. In the case of political 29 committees, statements shall be made by the treasurer of the 30 committee and the chairperson. 31 Sec. 3. Section 68A.202, subsection 1, Code 2015, is amended 32 to read as follows: 33 1. Each candidate for state, county, city, or school 34 office shall organize one, and only one, candidate’s committee 35 -2- LSB 1332DP (2) 86 aw/sc 2/ 7
S.F. _____ H.F. _____ for a specific office sought when the candidate receives 1 contributions in excess of seven hundred fifty one thousand 2 dollars in the aggregate, makes expenditures in excess of seven 3 hundred fifty one thousand dollars in the aggregate, or incurs 4 indebtedness in excess of seven hundred fifty one thousand 5 dollars in the aggregate in a calendar year. 6 Sec. 4. Section 68A.202, subsection 2, paragraph a, Code 7 2015, is amended to read as follows: 8 a. A political committee shall not be established to 9 expressly advocate the nomination, election, or defeat of only 10 one candidate for office. However, a political committee may 11 be established to expressly advocate the passage or defeat of 12 approval of a single judge standing for retention. A permanent 13 organization, as defined in section 68A.402, subsection 9 , may 14 make a one-time contribution to only one candidate for office 15 in excess of seven hundred fifty one thousand dollars. 16 Sec. 5. Section 68A.203, subsection 2, paragraph b, Code 17 2015, is amended to read as follows: 18 b. A person, other than a candidate or committee officer, 19 who receives contributions for a committee shall, not later 20 than fifteen days from the date of receipt of the contributions 21 or on demand of the treasurer, render to the treasurer the 22 contributions and an account of the total of all contributions, 23 including the name and address of each person making a 24 contribution in excess of ten twenty-five dollars, the amount 25 of the contributions, and the date on which the contributions 26 were received. 27 Sec. 6. Section 68A.203, subsection 3, paragraph b, Code 28 2015, is amended to read as follows: 29 b. The name and mailing address of every person making 30 contributions in excess of ten twenty-five dollars, and the 31 date and amount of the contribution. 32 Sec. 7. Section 68A.401, subsection 1, unnumbered paragraph 33 1, Code 2015, is amended to read as follows: 34 All statements and reports required to be filed under this 35 -3- LSB 1332DP (2) 86 aw/sc 3/ 7
S.F. _____ H.F. _____ chapter shall be filed with the board as provided in this 1 section and section 68A.402, subsection 1 . The board shall 2 post on its internet site all statements and reports filed 3 under this chapter . For purposes of this section , the term 4 “statement” does not include a bank statement. 5 Sec. 8. Section 68A.401, subsection 1, paragraphs a, b, c, 6 and d, Code 2015, are amended to read as follows: 7 a. A state statutory political committee, a county statutory 8 political committee, a political committee expressly advocating 9 for or against the nomination, election, or defeat of a 10 candidate for statewide office or the general assembly, and a 11 candidate’s committee of a candidate for statewide office or 12 the general assembly shall file all statements and reports in 13 an electronic format by 4:30 p.m. of the day the filing is due 14 and according to rules adopted by the board. 15 b. Effective January 1, 2011, a county statutory political 16 committee shall file all statements and reports in an 17 electronic format by 4:30 p.m. of the day the filing is due and 18 according to rules adopted by the board. 19 c. Effective January 1, 2011, any Any other candidate 20 or committee involved in a county, city, school, or other 21 political subdivision election that accepts monetary or in-kind 22 contributions in excess of two thousand dollars, or incurs 23 indebtedness in excess of two thousand dollars in the aggregate 24 in a calendar year, or makes expenditures in excess of two 25 thousand dollars in a calendar year to expressly advocate for 26 or against a clearly identified candidate or ballot issue shall 27 file all statements and reports in an electronic format by 28 4:30 p.m. of the day the filing is due and according to rules 29 adopted by the board. The committee shall continue to file 30 subsequent statements and reports in an electronic format until 31 being certified as dissolved under section 68A.402B . 32 d. Any Effective January 1, 2016, any other candidate or 33 political committee not otherwise required to file a statement 34 or report in an electronic format under this section described 35 -4- LSB 1332DP (2) 86 aw/sc 4/ 7
S.F. _____ H.F. _____ in paragraphs “a” and “c” shall file the all statements and 1 reports in either an electronic format as prescribed by rule or 2 by one of the methods specified in section 68A.402, subsection 3 1 by 4:30 p.m. of the day the filing is due according to rules 4 adopted by the board pursuant to chapter 17A . 5 Sec. 9. Section 68A.403, subsection 1, Code 2015, is amended 6 to read as follows: 7 1. Unless filed in an electronic format in accordance with 8 section 68A.401, subsection 1 , a report or statement required 9 to be filed under this chapter shall be signed by the person 10 filing the report. 11 Sec. 10. Section 68A.404, subsection 1, Code 2015, is 12 amended to read as follows: 13 1. As used in this section , “independent expenditure” means 14 one or more expenditures in excess of seven hundred fifty one 15 thousand dollars in the aggregate for a communication that 16 expressly advocates the nomination, election, or defeat of 17 a clearly identified candidate or the passage or defeat of 18 a ballot issue that is made without the prior approval or 19 coordination with a candidate, candidate’s committee, or a 20 ballot issue committee. 21 Sec. 11. Section 68A.404, subsection 4, paragraph a, Code 22 2015, is amended to read as follows: 23 a. An independent expenditure statement shall be filed 24 within forty-eight hours of the making of an independent 25 expenditure in excess of seven hundred fifty one thousand 26 dollars in the aggregate, or within forty-eight hours of 27 disseminating the communication to its intended audience, 28 whichever is earlier. For purposes of this section , an 29 independent expenditure is made when the independent 30 expenditure communication is purchased or ordered regardless of 31 whether or not the person making the independent expenditure 32 has been billed for the cost of the independent expenditure. 33 Sec. 12. Section 68A.501, Code 2015, is amended to read as 34 follows: 35 -5- LSB 1332DP (2) 86 aw/sc 5/ 7
S.F. _____ H.F. _____ 68A.501 Funds from unknown source —— escheat. 1 The expenditure of funds from an unknown or unidentifiable 2 source received by a candidate or committee is prohibited. 3 Such funds received by a candidate or committee shall escheat 4 to the state. Any candidate or committee receiving such 5 contributions shall remit such contributions to the board 6 which shall forward it to the treasurer of state for deposit 7 in the general fund of the state. Persons requested to make a 8 contribution at a fundraising event shall be advised that it 9 is illegal to make a contribution in excess of ten twenty-five 10 dollars unless the person making the contribution also provides 11 the person’s name and address. 12 Sec. 13. Section 68B.2, subsection 5, Code 2015, is amended 13 to read as follows: 14 5. “Candidate’s committee” means the committee designated 15 by a candidate for a state, county, city, or school office, as 16 provided under chapter 68A , to receive contributions in excess 17 of seven hundred fifty one thousand dollars in the aggregate, 18 expend funds in excess of seven hundred fifty one thousand 19 dollars in the aggregate, or incur indebtedness on behalf of 20 the candidate in excess of seven hundred fifty one thousand 21 dollars in the aggregate in any calendar year. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to campaign finance by requiring 26 electronic filing of certain statements and reports and 27 by raising the minimum dollar amounts that trigger certain 28 regulations. 29 The bill provides that, beginning January 1, 2016, candidate 30 and political committees that are not currently required to 31 file electronically shall file all statements and reports with 32 the Iowa ethics and campaign disclosure board in an electronic 33 format by 4:30 p.m. of the day the filing is due. 34 The bill requires that a person receiving a contribution 35 -6- LSB 1332DP (2) 86 aw/sc 6/ 7
S.F. _____ H.F. _____ render the name and address of each person making a 1 contribution in excess of $25, and makes corresponding changes. 2 Current law requires such information for contributions in 3 excess of $10. 4 The bill changes the definition of “candidate committee”, 5 “county statutory political committee”, and “political 6 committee” by raising the minimum qualifying amounts of 7 contributions, expenditures, or indebtedness to amounts in 8 excess of $1,000. Under current law, the definitions of these 9 terms require contributions, expenditures, or indebtedness in 10 excess of $750. The bill makes corresponding changes. 11 Current law provides that certain permanent organizations 12 may make a one-time contribution to one candidate for office in 13 excess of $750. The bill changes that amount to $1,000. 14 Current law further provides that an independent expenditure 15 means one or more expenditures in excess of $750 in the 16 aggregate for a communication expressly advocating the 17 nomination, election, or defeat of a clearly identified 18 candidate or the passage or defeat of a ballot issue that 19 is made without the prior approval or coordination with a 20 candidate, candidate’s committee, or a ballot issue committee. 21 The bill provides that an independent expenditure requires 22 one or more of such expenditures in excess of $1,000 in the 23 aggregate. 24 -7- LSB 1332DP (2) 86 aw/sc 7/ 7