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