H.F. 208 Section 1. Section 68A.302, subsection 2, Code 2021, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . l. Publication of a text message that 3 includes express advocacy, unless the person receiving the 4 text message has previously consented to receiving such text 5 messages from the person sending the text message. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill prohibits a candidate or candidate’s committee 10 from using campaign funds to publish a text message that 11 includes express advocacy, unless the person receiving the 12 text message has previously consented to receiving such text 13 messages from the person sending the text message. Current law 14 defines “express advocacy” as a communication that is political 15 speech in the form of a contribution or that advocates for or 16 against a clearly identified candidate or ballot issue. 17 By operation of law, a person who violates a provision of the 18 bill is guilty of a serious misdemeanor. A serious misdemeanor 19 is punishable by confinement for no more than one year and a 20 fine of at least $430 but not more than $2,560. 21 -1- LSB 1688YH (3) 89 ss/jh 1/ 1