Print
House File 285 - IntroducedA Bill ForAn Act 1relating to certain political communications and
2voluntary ethics statements and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 68A.507 Disclosures related to
2political telephone communications — legislative findings —
3definitions.
41. The general assembly finds that political telephone
5communication is increasingly used in political campaigns in
6this state in a deceptive manner, including but not limited
7to the use of political telemarketing, also known as push-
8polling, where an anonymous telephone communication is
9designed to appear as a legitimate poll, but is in fact used
10to communicate certain negative information related to a
11candidate or ballot issue. The general assembly declares that
12a compelling public interest exists to identify the source of
13funding of telephone communications related to elections in
14order to prevent corruption and deceit at the expense of the
15electorate and to preserve accountability for expenditures made
16in connection with political campaigns.
172. For the purposes of this section, unless the context
18otherwise requires:
19a. “Legitimate poll” means a telephone communication
20conducted by a polling firm for the purpose of a scientific
21poll of respondents in order to gauge public opinion concerning
22a candidate, public office holder, or ballot issue that is part
23of a series of like telephone communications that utilizes a
24scientific sampling technique to produce a random sample of
25respondents.
26b. “Political telemarketing” means the canvassing of persons
27under the guise of performing a legitimate poll, with the
28purpose of encouraging support of, or opposition to, a clearly
29identified candidate for public office or the passage or defeat
30of a clearly identified ballot issue.
313. A candidate, an authorized representative of a
32candidate, a candidate’s committee, or a political committee
33that engages either in a telephone communication for the
34purpose of soliciting contributions or in a telephone
35communication that has the effect of promoting or opposing the
-1-1nomination or election of a candidate for public office or the
2passage of a ballot issue shall disclose all of the following
3by the end of the telephone communication:
4a. The identity of the individual who is communicating and
5the entity with which the individual is affiliated, if any.
6b. The individual or entity that paid for the telephone
7communication. If a candidate’s committee or political
8committee has paid for or authorized the telephone
9communication, the name of the candidate’s committee or
10political committee shall be disclosed. If any person other
11than a candidate’s committee or political committee has
12paid for or authorized the telephone communication, the
13communication shall also state whether or not the communication
14has been authorized by the candidate intended to benefit from
15the communication and shall state whether the communication is
16an independent expenditure.
17c. The name, telephone number, and address of an individual
18whom the communication recipient can contact for further
19information regarding the telephone communication.
204. An individual who, on behalf of, at the direction of,
21or in cooperation with a political committee, engages either
22in a telephone communication for the purpose of soliciting
23contributions or in a telephone communication that has the
24effect of promoting or opposing the nomination or election of a
25candidate for public office or the passage of a ballot issue
26shall disclose all of the following at the commencement of the
27telephone communication:
28a. The identity of the individual who is communicating and
29the entity with which the individual is affiliated, if any.
30b. The individual or entity that paid for the telephone
31communication. If a political committee has paid for or
32authorized the telephone communication, the name of the
33political committee shall be disclosed. If any person
34other than the candidate, a candidate’s committee, or a
35political committee has paid for or authorized the telephone
-2-1communication, the communication shall also state whether or
2not the communication has been authorized by the candidate
3intended to benefit from the communication.
4c. The name, telephone number, and address of an individual
5whom the communication recipient can contact for further
6information regarding the telephone communication.
75. The board shall adopt rules pursuant to chapter 17A
8establishing procedures to administer this section.
9 Sec. 2. NEW SECTION. 68A.508 Publication of certain false
10statements of fact concerning candidate prohibited — remedies.
111. The general assembly finds that the increasing use of
12false statements of fact aimed at candidates for public office
13impedes campaigns and diminishes the trust and confidence of
14the public in the electoral process. It is not the intent
15of the general assembly to lessen political debate that
16furthers the ability of the public to understand the issues
17and positions of candidates for public office. The general
18assembly declares that a compelling state interest exists in
19prohibiting the use of false statements of fact that impede
20campaigns for public office in Iowa and diminish the public's
21trust and confidence in the electoral process.
222. As used in this section:
23a. “Actual malice” means knowledge of the falsity of a
24statement or reckless disregard for whether a statement is true
25or false.
26b. “Public office” means any state, county, city, school, or
27other office of a political subdivision of this state filled
28by election.
29c. “Publish” means the act of printing, posting,
30broadcasting, mailing, speaking, or otherwise disseminating.
313. A person shall not, with actual malice, cause to be
32published a false statement of fact concerning a candidate for
33public office involving any of the following:
34a. The education or training of the candidate.
35b. The current profession or occupation of the candidate or
-3-1any former profession or occupation of the candidate.
2c. Whether the candidate committed, was indicted for
3committing, or was convicted of committing a crime punishable
4by law.
5d. Whether the candidate was subject to discipline
6or sanction by any body of the federal government, state
7government, or political subdivision of the state.
8e. Whether the candidate has received treatment for a mental
9illness.
10f. Whether another person endorses or opposes the candidate.
11g. The record of voting of a candidate if the candidate
12serves or formerly served in an elected office.
134. A candidate for public office who alleges that a false
14statement of fact concerning the candidate has been published
15in violation of this section may file a complaint with the
16board. The board shall give priority consideration to any
17complaint filed under this section over all other matters
18pending before the board.
195. If the board determines that a violation did occur, the
20board may impose any of the recommended actions under section
2168B.32D, except that the board shall not refer any complaint or
22supporting information of a violation of this section to the
23attorney general or any county attorney for prosecution.
246. This section shall not preclude the filing of a civil
25action based on the same facts or event giving rise to a
26complaint filed with the board under this section.
277. Section 68A.701, which otherwise applies criminal
28penalties for violations of this chapter, shall not apply to
29violations of this section.
30 Sec. 3. NEW SECTION. 68A.509 Statement of fair campaign
31practices for state offices.
32The board shall prepare a statement of fair campaign
33practices to assist candidates in the proper conduct of
34political campaigns in accordance with this chapter. A
35copy of the statement shall be mailed to any incumbent state
-4-1officeholder running for reelection to that office and to any
2other individual running for elected state office that has
3filed a statement of organization for that office pursuant to
4section 68A.201. Any individual running for elected office
5for a county, city, school, or other political subdivision may
6request a copy of the statement. Candidates choosing to abide
7by the statement shall sign and return the statement to the
8board. Compliance with the provisions of the statement shall
9be voluntary on the part of any candidate choosing to sign and
10return the statement to the board. The statement prepared by
11the board shall be adopted by rule pursuant to chapter 17A.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to certain political telephone calls and
16voluntary ethics statements. The bill requires a caller that
17makes a telephone call soliciting a contribution or advocating
18for or against a candidate or ballot issue to disclose the name
19and affiliation of the caller, the name of the entity that paid
20for the telephone call, whether a candidate has authorized
21the call, and the name, address, and telephone number of an
22individual whom the person can contact to receive further
23information regarding the call. A person engaging in such
24telephone calls must submit to the Iowa ethics and campaign
25disclosure board, at least 24 hours prior to the first call,
26all information required to be disclosed during the call and
27the script that the caller will use. By operation of law,
28a person who willfully violates this section of the bill is
29guilty of a serious misdemeanor. A serious misdemeanor is
30punishable by confinement for no more than one year and a fine
31of at least $315 but not more than $1,875.
32The bill prohibits a person from publishing certain false
33statements about a candidate for public officer with actual
34malice. The bill allows a candidate who believes that a
35prohibited false statement has been published to make a report
-5-1to the Iowa ethics and campaign disclosure board for possible
2investigation and penalties pursuant to Code section 68B.32D.
3The bill directs the board to give such reports priority over
4other matters. A violation of this Code section is not subject
5to a criminal penalty pursuant to Code section 68A.701.
6The bill directs the Iowa ethics and campaign disclosure
7board to create a statement of fair campaign finances and mail
8it to any incumbent state officeholder running for reelection
9and to any other candidate for state office that has filed an
10organization statement. A person running for any other officer
11may request a copy of the statement. A candidate may choose to
12abide by the statement by signing it and returning it to the
13board. Compliance with the statement is voluntary.
-6-ss/jh
2voluntary ethics statements and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 68A.507 Disclosures related to
2political telephone communications — legislative findings —
3definitions.
41. The general assembly finds that political telephone
5communication is increasingly used in political campaigns in
6this state in a deceptive manner, including but not limited
7to the use of political telemarketing, also known as push-
8polling, where an anonymous telephone communication is
9designed to appear as a legitimate poll, but is in fact used
10to communicate certain negative information related to a
11candidate or ballot issue. The general assembly declares that
12a compelling public interest exists to identify the source of
13funding of telephone communications related to elections in
14order to prevent corruption and deceit at the expense of the
15electorate and to preserve accountability for expenditures made
16in connection with political campaigns.
172. For the purposes of this section, unless the context
18otherwise requires:
19a. “Legitimate poll” means a telephone communication
20conducted by a polling firm for the purpose of a scientific
21poll of respondents in order to gauge public opinion concerning
22a candidate, public office holder, or ballot issue that is part
23of a series of like telephone communications that utilizes a
24scientific sampling technique to produce a random sample of
25respondents.
26b. “Political telemarketing” means the canvassing of persons
27under the guise of performing a legitimate poll, with the
28purpose of encouraging support of, or opposition to, a clearly
29identified candidate for public office or the passage or defeat
30of a clearly identified ballot issue.
313. A candidate, an authorized representative of a
32candidate, a candidate’s committee, or a political committee
33that engages either in a telephone communication for the
34purpose of soliciting contributions or in a telephone
35communication that has the effect of promoting or opposing the
-1-1nomination or election of a candidate for public office or the
2passage of a ballot issue shall disclose all of the following
3by the end of the telephone communication:
4a. The identity of the individual who is communicating and
5the entity with which the individual is affiliated, if any.
6b. The individual or entity that paid for the telephone
7communication. If a candidate’s committee or political
8committee has paid for or authorized the telephone
9communication, the name of the candidate’s committee or
10political committee shall be disclosed. If any person other
11than a candidate’s committee or political committee has
12paid for or authorized the telephone communication, the
13communication shall also state whether or not the communication
14has been authorized by the candidate intended to benefit from
15the communication and shall state whether the communication is
16an independent expenditure.
17c. The name, telephone number, and address of an individual
18whom the communication recipient can contact for further
19information regarding the telephone communication.
204. An individual who, on behalf of, at the direction of,
21or in cooperation with a political committee, engages either
22in a telephone communication for the purpose of soliciting
23contributions or in a telephone communication that has the
24effect of promoting or opposing the nomination or election of a
25candidate for public office or the passage of a ballot issue
26shall disclose all of the following at the commencement of the
27telephone communication:
28a. The identity of the individual who is communicating and
29the entity with which the individual is affiliated, if any.
30b. The individual or entity that paid for the telephone
31communication. If a political committee has paid for or
32authorized the telephone communication, the name of the
33political committee shall be disclosed. If any person
34other than the candidate, a candidate’s committee, or a
35political committee has paid for or authorized the telephone
-2-1communication, the communication shall also state whether or
2not the communication has been authorized by the candidate
3intended to benefit from the communication.
4c. The name, telephone number, and address of an individual
5whom the communication recipient can contact for further
6information regarding the telephone communication.
75. The board shall adopt rules pursuant to chapter 17A
8establishing procedures to administer this section.
9 Sec. 2. NEW SECTION. 68A.508 Publication of certain false
10statements of fact concerning candidate prohibited — remedies.
111. The general assembly finds that the increasing use of
12false statements of fact aimed at candidates for public office
13impedes campaigns and diminishes the trust and confidence of
14the public in the electoral process. It is not the intent
15of the general assembly to lessen political debate that
16furthers the ability of the public to understand the issues
17and positions of candidates for public office. The general
18assembly declares that a compelling state interest exists in
19prohibiting the use of false statements of fact that impede
20campaigns for public office in Iowa and diminish the public's
21trust and confidence in the electoral process.
222. As used in this section:
23a. “Actual malice” means knowledge of the falsity of a
24statement or reckless disregard for whether a statement is true
25or false.
26b. “Public office” means any state, county, city, school, or
27other office of a political subdivision of this state filled
28by election.
29c. “Publish” means the act of printing, posting,
30broadcasting, mailing, speaking, or otherwise disseminating.
313. A person shall not, with actual malice, cause to be
32published a false statement of fact concerning a candidate for
33public office involving any of the following:
34a. The education or training of the candidate.
35b. The current profession or occupation of the candidate or
-3-1any former profession or occupation of the candidate.
2c. Whether the candidate committed, was indicted for
3committing, or was convicted of committing a crime punishable
4by law.
5d. Whether the candidate was subject to discipline
6or sanction by any body of the federal government, state
7government, or political subdivision of the state.
8e. Whether the candidate has received treatment for a mental
9illness.
10f. Whether another person endorses or opposes the candidate.
11g. The record of voting of a candidate if the candidate
12serves or formerly served in an elected office.
134. A candidate for public office who alleges that a false
14statement of fact concerning the candidate has been published
15in violation of this section may file a complaint with the
16board. The board shall give priority consideration to any
17complaint filed under this section over all other matters
18pending before the board.
195. If the board determines that a violation did occur, the
20board may impose any of the recommended actions under section
2168B.32D, except that the board shall not refer any complaint or
22supporting information of a violation of this section to the
23attorney general or any county attorney for prosecution.
246. This section shall not preclude the filing of a civil
25action based on the same facts or event giving rise to a
26complaint filed with the board under this section.
277. Section 68A.701, which otherwise applies criminal
28penalties for violations of this chapter, shall not apply to
29violations of this section.
30 Sec. 3. NEW SECTION. 68A.509 Statement of fair campaign
31practices for state offices.
32The board shall prepare a statement of fair campaign
33practices to assist candidates in the proper conduct of
34political campaigns in accordance with this chapter. A
35copy of the statement shall be mailed to any incumbent state
-4-1officeholder running for reelection to that office and to any
2other individual running for elected state office that has
3filed a statement of organization for that office pursuant to
4section 68A.201. Any individual running for elected office
5for a county, city, school, or other political subdivision may
6request a copy of the statement. Candidates choosing to abide
7by the statement shall sign and return the statement to the
8board. Compliance with the provisions of the statement shall
9be voluntary on the part of any candidate choosing to sign and
10return the statement to the board. The statement prepared by
11the board shall be adopted by rule pursuant to chapter 17A.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill relates to certain political telephone calls and
16voluntary ethics statements. The bill requires a caller that
17makes a telephone call soliciting a contribution or advocating
18for or against a candidate or ballot issue to disclose the name
19and affiliation of the caller, the name of the entity that paid
20for the telephone call, whether a candidate has authorized
21the call, and the name, address, and telephone number of an
22individual whom the person can contact to receive further
23information regarding the call. A person engaging in such
24telephone calls must submit to the Iowa ethics and campaign
25disclosure board, at least 24 hours prior to the first call,
26all information required to be disclosed during the call and
27the script that the caller will use. By operation of law,
28a person who willfully violates this section of the bill is
29guilty of a serious misdemeanor. A serious misdemeanor is
30punishable by confinement for no more than one year and a fine
31of at least $315 but not more than $1,875.
32The bill prohibits a person from publishing certain false
33statements about a candidate for public officer with actual
34malice. The bill allows a candidate who believes that a
35prohibited false statement has been published to make a report
-5-1to the Iowa ethics and campaign disclosure board for possible
2investigation and penalties pursuant to Code section 68B.32D.
3The bill directs the board to give such reports priority over
4other matters. A violation of this Code section is not subject
5to a criminal penalty pursuant to Code section 68A.701.
6The bill directs the Iowa ethics and campaign disclosure
7board to create a statement of fair campaign finances and mail
8it to any incumbent state officeholder running for reelection
9and to any other candidate for state office that has filed an
10organization statement. A person running for any other officer
11may request a copy of the statement. A candidate may choose to
12abide by the statement by signing it and returning it to the
13board. Compliance with the statement is voluntary.
-6-ss/jh