Senate File 2256 - Introduced SENATE FILE 2256 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3111) A BILL FOR An Act relating to campaign finance, including electronic 1 filing requirements for statements and reports filed with 2 the ethics and campaign disclosure board and disclosure 3 requirements for contributions made to candidates or 4 committees. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5314SV (3) 87 ss/jh

S.F. 2256 Section 1. Section 68A.201A, subsection 6, Code 2018, is 1 amended to read as follows: 2 6. Effective January 1, 2011, the The verified statement 3 shall be filed in an electronic format by 4:30 p.m. of the day 4 the filing is due. 5 Sec. 2. Section 68A.401, subsection 1, Code 2018, is amended 6 to read as follows: 7 1. All statements and reports required to be filed under 8 this chapter shall be filed with the board as provided in this 9 section and section 68A.402, subsection 1 . The board shall 10 post on its internet site all statements and reports filed 11 under this chapter . For purposes of this section , the term 12 “statement” does not include a bank statement. 13 a. A state statutory political committee, a county statutory 14 political committee, a political committee expressly advocating 15 for or against the nomination, election, or defeat of a 16 candidate for statewide office or the general assembly , and a 17 candidate’s committee of a candidate for statewide office or 18 the general assembly shall file all statements and reports in 19 an electronic format by 4:30 p.m. of the day the filing is due 20 and according to rules adopted by the board. 21 b. Any other candidate or committee involved in a county, 22 city, school, or other political subdivision election that 23 accepts monetary or in-kind contributions in excess of two 24 thousand dollars, or incurs indebtedness in excess of two 25 thousand dollars in the aggregate in a calendar year, or makes 26 expenditures in excess of two thousand dollars in a calendar 27 year to expressly advocate for or against a clearly identified 28 candidate or ballot issue shall file all statements and reports 29 in an electronic format by 4:30 p.m. of the day the filing is 30 due and according to rules adopted by the board. The committee 31 shall continue to file subsequent statements and reports in 32 an electronic format until being certified as dissolved under 33 section 68A.402B . 34 c. Effective January 1, 2016, any other candidate or 35 -1- LSB 5314SV (3) 87 ss/jh 1/ 4

S.F. 2256 political committee not described in paragraphs “a” and “b” 1 shall file all statements and reports in an electronic format 2 by 4:30 p.m. of the day the filing is due according to rules 3 adopted by the board pursuant to chapter 17A . 4 d. b. If the board determines that a violation of this 5 subsection has occurred, the board may impose any of the 6 remedies or penalties provided for under section 68B.32D , 7 except that the board shall not refer any complaint or 8 supporting information of a violation of this section to the 9 attorney general or any county attorney for prosecution. 10 Sec. 3. Section 68A.402, subsection 1, Code 2018, is amended 11 to read as follows: 12 1. Filing methods. Each committee shall electronically file 13 with the board reports disclosing information required under 14 this section on forms prescribed by rule. Except as set out 15 in section 68A.401 , reports shall be filed on or before the 16 required due dates by using any of the following methods: mail 17 bearing a United States postal service postmark, hand-delivery, 18 facsimile transmission, electronic mail attachment, or 19 electronic filing as prescribed by rule. Any report that is 20 required to be filed five days or less prior to an election 21 must be physically received by the board to be considered 22 timely filed. For purposes of this section , “physically 23 received” means the report is either electronically filed using 24 the board’s electronic filing system or is received by the 25 board prior to 4:30 p.m. on the report due date. 26 Sec. 4. Section 68A.403, Code 2018, is amended to read as 27 follows: 28 68A.403 Reports signed and preserved. 29 1. Unless filed in an electronic format, a report or 30 statement required to be filed under this chapter shall be 31 signed by the person filing the report. 32 2. A copy of every report or statement shall be preserved 33 by the person filing it or the person’s successor for at least 34 three years following the filing of the report or statement. 35 -2- LSB 5314SV (3) 87 ss/jh 2/ 4

S.F. 2256 Sec. 5. Section 68A.502, Code 2018, is amended to read as 1 follows: 2 68A.502 Contribution in name of another —— prohibited. 3 1. A person making a contribution in excess of twenty-five 4 dollars shall provide the person’s name and address to the 5 candidate or committee receiving the contribution. 6 1. 2. A person shall not make a contribution or expenditure 7 in the name of another person, and a person shall not knowingly 8 accept a contribution or expenditure made by one person in the 9 name of another. 10 3. For the purpose of this section , a an illegal 11 contribution or expenditure is any of the following: 12 a. A contribution or expenditure made by one person which 13 is ultimately reimbursed by another person who has not been 14 identified as the ultimate source or recipient of the funds is 15 considered to be an illegal contribution or expenditure in the 16 name of another . 17 b. A contribution or expenditure made using a fictitious 18 name. A name is fictitious in the case of an individual if the 19 name does not include the individual’s legal surname at the 20 time of the contribution or expenditure. 21 c. A contribution or expenditure made by a person who 22 borrowed the money from another person if the original source 23 of said money is not disclosed. 24 2. 4. Any candidate or committee receiving funds, the 25 original source of which was a loan, shall be required to list 26 the lender as a contributor. No candidate or committee shall 27 knowingly receive funds from a contributor who has borrowed the 28 money without listing the original source of said money. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill makes changes related to campaign finance, 33 including electronic filing requirements for statements and 34 reports filed with the Iowa ethics and campaign disclosure 35 -3- LSB 5314SV (3) 87 ss/jh 3/ 4

S.F. 2256 board (board) and disclosure requirements for contributions 1 made to candidates or committees. 2 The bill makes technical changes to provisions requiring 3 state statutory political committees, county statutory 4 political committees, political committees, and candidate’s 5 committees to file all statements and reports with the board in 6 an electronic format. Since January 1, 2016, all candidates 7 and committees have been required to file statements and 8 reports in an electronic format. 9 The bill also requires a person making a contribution in 10 excess of $25 to provide the person’s name and address to 11 the candidate or committee receiving the contribution. The 12 bill classifies as an illegal contribution any contribution 13 or expenditure made by a person not using the person’s legal 14 surname and any contribution or expenditure made by a person 15 who borrowed the money from another person if the original 16 source of the money is not disclosed. 17 -4- LSB 5314SV (3) 87 ss/jh 4/ 4