Bill Text: IA HF2514 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to campaign finance, including expenditures, attribution statements, and reports, and making penalties applicable.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-23 - Introduced, referred to State Government. H.J. 352. [HF2514 Detail]
Download: Iowa-2021-HF2514-Introduced.html
House
File
2514
-
Introduced
HOUSE
FILE
2514
BY
JAMES
A
BILL
FOR
An
Act
relating
to
campaign
finance,
including
expenditures,
1
attribution
statements,
and
reports,
and
making
penalties
2
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
68A.102,
subsection
10,
paragraph
a,
1
subparagraph
(2),
Code
2022,
is
amended
to
read
as
follows:
2
(2)
The
payment,
by
any
person
other
than
a
candidate
or
3
political
committee
who
receives
the
service
,
of
compensation
4
for
the
personal
services
of
another
person
which
are
rendered
5
to
a
candidate
or
political
committee
for
any
such
purpose.
6
Sec.
2.
Section
68A.102,
subsection
10,
paragraph
a,
Code
7
2022,
is
amended
by
adding
the
following
new
subparagraph:
8
NEW
SUBPARAGRAPH
.
(3)
A
coordinated
expenditure
if
the
9
expenditure
must
be
reported
pursuant
to
subchapter
IV.
10
Sec.
3.
Section
68A.102,
subsections
14
and
18,
Code
2022,
11
are
amended
to
read
as
follows:
12
14.
a.
“Express
advocacy”
or
to
“expressly
advocate”
means
13
communication
that
can
be
characterized
according
to
at
least
14
one
of
the
following
descriptions:
15
a.
(1)
The
communication
is
political
speech
made
in
the
16
form
of
a
contribution.
17
b.
(2)
In
advocating
the
election
or
defeat
of
one
or
more
18
clearly
identified
candidates
or
the
passage
or
defeat
of
one
19
or
more
clearly
identified
ballot
issues,
the
communication
20
includes
explicit
words
that
unambiguously
indicate
that
the
21
communication
is
recommending
or
supporting
a
particular
22
outcome
in
the
election
with
regard
to
any
clearly
identified
23
candidate
or
ballot
issue.
24
b.
“Express
advocacy”
or
“expressly
advocate”
does
not
mean
25
a
communication
that
can
be
characterized
according
to
one
or
26
more
of
the
following
descriptions:
27
(1)
The
communication
encourages
individuals
to
register
28
to
vote
or
to
vote,
provided
that
the
communication
does
not
29
mention
or
depict
a
candidate
or
ballot
issue.
30
(2)
The
communication
does
not
support
or
oppose
a
candidate
31
or
ballot
issue.
32
(3)
The
communication
is
a
bona
fide
news
story,
commentary,
33
blog,
or
editorial
distributed
through
the
facilities
of
any
34
broadcasting
station,
newspaper,
magazine,
internet
site,
or
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other
periodical
publication
of
general
circulation.
1
(4)
The
communication
is
by
a
membership
organization
or
2
corporation
to
its
members,
stockholders,
or
employees.
3
(5)
The
board
determines
by
rule
that
the
communication
is
4
not
express
advocacy.
5
18.
“Political
committee”
means
any
of
the
following:
6
a.
A
committee,
but
not
a
candidate’s
committee,
that
7
accepts
contributions
in
excess
of
one
thousand
two
hundred
8
fifty
dollars
in
the
aggregate,
makes
expenditures
in
excess
9
of
one
thousand
two
hundred
fifty
dollars
in
the
aggregate,
or
10
incurs
indebtedness
in
excess
of
one
thousand
two
hundred
fifty
11
dollars
in
the
aggregate
in
any
one
calendar
year
to
expressly
12
advocate
the
nomination,
election,
or
defeat
of
a
candidate
13
for
public
office,
make
an
electioneering
communication,
or
to
14
expressly
advocate
the
passage
or
defeat
of
a
ballot
issue.
15
b.
An
association,
lodge,
society,
cooperative,
union,
16
fraternity,
sorority,
educational
institution,
civic
17
organization,
labor
organization,
religious
organization,
or
18
professional
organization
that
accepts
contributions
in
excess
19
of
one
thousand
two
hundred
fifty
dollars
in
the
aggregate,
20
makes
expenditures
in
excess
of
one
thousand
two
hundred
fifty
21
dollars
in
the
aggregate,
or
incurs
indebtedness
in
excess
of
22
one
thousand
two
hundred
fifty
dollars
in
the
aggregate
in
23
any
one
calendar
year
to
expressly
advocate
the
nomination,
24
election,
or
defeat
of
a
candidate
for
public
office,
make
an
25
electioneering
communication,
or
to
expressly
advocate
the
26
passage
or
defeat
of
a
ballot
issue.
27
c.
A
person,
other
than
an
individual,
that
accepts
28
contributions
in
excess
of
one
thousand
two
hundred
fifty
29
dollars
in
the
aggregate,
makes
expenditures
in
excess
of
30
one
thousand
two
hundred
fifty
dollars
in
the
aggregate,
or
31
incurs
indebtedness
in
excess
of
one
thousand
two
hundred
fifty
32
dollars
in
the
aggregate
in
any
one
calendar
year
to
expressly
33
advocate
that
an
individual
should
or
should
not
seek
election
34
to
a
public
office
prior
to
the
individual
becoming
a
candidate
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as
defined
in
subsection
4
.
1
Sec.
4.
Section
68A.102,
Code
2022,
is
amended
by
adding
the
2
following
new
subsections:
3
NEW
SUBSECTION
.
8A.
“Communication”
means
any
of
the
4
following:
5
a.
A
paid
advertisement
broadcast
over
radio,
television,
6
cable,
or
satellite.
7
b.
The
paid
placement
of
content
on
the
internet
or
other
8
electronic
communication
network.
9
c.
A
paid
advertisement
published
in
a
newspaper
or
10
periodical
or
on
a
billboard.
11
d.
A
mailing.
12
e.
A
printed
material.
13
NEW
SUBSECTION
.
10A.
“Coordinated
expenditure”
means
14
an
expenditure
made
in
cooperation
with,
in
consultation
15
with,
at
the
request
of,
or
with
the
express
prior
consent
16
of
a
candidate
or
committee
receiving
the
benefit
of
the
17
expenditure.
18
NEW
SUBSECTION
.
13A.
a.
“Electioneering
communication”
19
means
a
paid
communication
that
is
publicly
distributed
by
20
radio,
television,
cable,
satellite,
internet
site,
newspaper,
21
periodical,
billboard,
mail,
electronic
mail,
or
any
other
22
distribution
of
materials,
that
is
made
within
sixty
days
of
23
the
initiation
of
voting
in
an
election
that
does
not
support
24
or
oppose
a
candidate
or
ballot
issue,
that
can
be
received
25
by
more
than
one
hundred
persons,
and
that
does
any
of
the
26
following:
27
(1)
Refers
to
one
or
more
clearly
identified
candidates
in
28
that
election.
29
(2)
Depicts
the
name,
image,
likeness,
or
voice
of
a
clearly
30
identified
candidate
in
that
election.
31
(3)
Refers
to
a
political
party,
ballot
issue,
or
a
question
32
submitted
to
the
voters
in
that
election.
33
b.
“Electioneering
communication”
does
not
include
any
of
34
the
following:
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(1)
A
bona
fide
news
story,
commentary,
blog,
or
editorial
1
distributed
through
the
facilities
of
any
broadcasting
station,
2
newspaper,
magazine,
internet
site,
or
other
periodical
3
publication
of
general
circulation.
4
(2)
A
communication
by
a
membership
organization
or
5
corporation
to
its
members,
stockholders,
or
employees.
6
(3)
A
commercial
communication
that
depicts
a
candidate’s
7
name,
image,
likeness,
or
voice
only
in
the
candidate’s
8
capacity
as
owner,
operator,
or
employee
of
a
business
that
9
existed
prior
to
the
organization
of
a
candidate’s
committee
by
10
the
candidate
pursuant
to
section
68A.202.
11
(4)
A
communication
that
constitutes
a
candidate
debate
or
12
forum
or
that
solely
promotes
a
candidate
debate
or
forum
and
13
is
made
by
or
on
behalf
of
the
person
sponsoring
the
debate
or
14
forum.
15
(5)
A
communication
that
the
board
determines
by
rule
is
not
16
an
electioneering
communication.
17
Sec.
5.
Section
68A.402,
subsection
9,
Code
2022,
is
amended
18
to
read
as
follows:
19
9.
a.
Permanent
organizations.
A
permanent
organization
20
temporarily
engaging
in
activity
described
in
section
68A.102,
21
subsection
18
,
shall
organize
a
political
committee
and
shall
22
keep
the
funds
relating
to
that
political
activity
segregated
23
from
its
operating
funds.
The
political
committee
shall
file
24
reports
on
the
appropriate
due
dates
as
required
by
this
25
section
.
26
b.
The
reports
filed
under
this
subsection
shall
identify
27
the
all
of
the
following:
28
(1)
The
source
of
the
original
funds
used
for
a
contribution
29
made
to
a
candidate
or
a
committee
organized
under
this
30
chapter
.
31
(2)
The
aggregate
amount
of
contributions
made
by
each
32
person.
33
(3)
Each
loan
received
from
any
person
during
the
reporting
34
period.
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(4)
The
amount
and
nature
of
debts
and
obligations
owed
to
1
the
committee.
2
(5)
Proceeds
that
total
less
than
thirty-five
dollars
3
per
person
from
mass
collections
made
at
fund-raising
events
4
sponsored
by
the
committee.
5
(6)
The
total
sum
of
contributions
received
by
the
committee
6
for
a
specified
candidate
or
committee.
7
(7)
The
full
name,
mailing
address,
occupation,
and
8
principal
place
of
business,
if
any,
of
each
person
or
9
committee
to
whom
an
expenditure
has
been
made
during
the
10
reporting
period,
including
the
amount,
date,
and
purpose
of
11
each
expenditure
and
the
total
amount
of
expenditures
to
each
12
person
or
committee.
13
(8)
The
full
name,
mailing
address,
occupation,
and
14
principal
place
of
business,
if
any,
of
each
person
to
whom
an
15
expenditure
for
personal
services,
salaries,
and
reimbursement
16
of
expenses
has
been
made,
including
the
amount,
date,
17
and
purpose
of
that
expenditure,
and
the
total
amount
of
18
expenditures
made
to
each
person.
19
(9)
The
total
sum
of
expenditures
made
during
the
reporting
20
period.
21
(10)
The
full
name,
mailing
address,
occupation,
and
22
principal
place
of
business,
if
any,
of
any
person
to
whom
a
23
loan
was
made,
and
the
full
name,
mailing
address,
occupation,
24
and
principal
place
of
business,
if
any,
of
any
endorsers,
and
25
the
date
and
amount
of
each
loan.
26
(11)
The
amount
and
nature
of
debts
and
obligations
owed
by
27
the
committee.
28
(12)
Other
information
as
may
be
required
by
the
board
by
29
rule.
30
(13)
For
reports
of
expenditures
made
to
a
consultant,
31
advertising
agency,
polling
firm,
or
other
person
that
performs
32
services
for
the
committee,
the
report
shall
be
itemized
33
and
described
in
sufficient
detail
to
disclose
the
specific
34
services
performed
by
the
entity.
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c.
When
the
permanent
organization
ceases
to
be
involved
1
in
the
political
activity,
the
permanent
organization
shall
2
dissolve
the
political
committee.
3
d.
As
used
in
this
subsection
,
“permanent
organization”
4
means
an
organization
that
is
continuing,
stable,
and
enduring,
5
and
was
originally
organized
for
purposes
other
than
engaging
6
in
election
activities.
7
Sec.
6.
Section
68A.402A,
subsection
1,
paragraphs
f
and
g,
8
Code
2022,
are
amended
to
read
as
follows:
9
f.
The
name
and
mailing
address
of
each
person
and
committee
10
to
whom
disbursements
,
payments
for
personal
services,
11
salaries,
reimbursement
for
expenses,
or
loan
repayments
12
have
been
made
by
the
committee
from
contributions
during
13
the
reporting
period
and
the
amount,
purpose,
and
date
of
14
each
disbursement
except
that
disbursements
of
less
than
five
15
dollars
may
be
shown
as
miscellaneous
disbursements
so
long
as
16
the
aggregate
miscellaneous
disbursements
to
any
one
person
17
during
a
calendar
year
do
not
exceed
one
hundred
dollars.
18
Reports
of
disbursements
under
this
paragraph
must
be
itemized
19
and
sufficiently
detailed
to
disclose
the
specific
services
20
performed
by
the
person
to
whom
a
disbursement
was
made.
21
g.
Disbursements
made
to
a
consultant
,
advertising
agency,
22
or
polling
firm
and
disbursements
made
by
the
consultant
,
23
advertising
agency,
or
polling
firm
during
the
reporting
24
period
disclosing
the
name
and
address
of
the
recipient,
25
amount,
purpose,
and
date.
Reports
of
disbursements
under
26
this
paragraph
must
be
itemized
and
sufficiently
detailed
to
27
disclose
the
specific
services
performed
by
the
entity
to
whom
28
a
disbursement
was
made.
29
Sec.
7.
Section
68A.402A,
subsection
1,
Code
2022,
is
30
amended
by
adding
the
following
new
paragraph:
31
NEW
PARAGRAPH
.
l.
The
total
sum
of
disbursements
made.
32
Sec.
8.
NEW
SECTION
.
68A.404A
Electioneering
communications
33
——
reports.
34
1.
A
person
making
an
electioneering
communication
shall
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file
a
report
with
the
board,
including
a
description
of
the
1
communication,
how
the
communication
was
distributed,
and
2
the
amount
of
any
expenditure
made
on
the
electioneering
3
communication,
except
that
a
person
spending
less
than
two
4
hundred
fifty
dollars
on
electioneering
communications
in
a
5
taxable
year
shall
not
be
required
to
file
a
report.
6
2.
The
board
shall
adopt
rules
for
the
form
and
schedule
of
7
reports
filed
under
this
section.
8
Sec.
9.
Section
68A.405,
subsection
1,
paragraphs
b,
c,
d,
9
e,
f,
g,
and
h,
Code
2022,
are
amended
to
read
as
follows:
10
b.
(1)
Except
as
set
out
in
subsection
2
,
published
11
material
designed
to
expressly
advocate
the
nomination,
12
election,
or
defeat
of
a
candidate
for
public
office
or
13
the
passage
or
defeat
of
a
ballot
issue
and
electioneering
14
communications
shall
include
on
the
published
material
15
or
electioneering
communication
an
attribution
statement
16
disclosing
who
is
responsible
for
the
published
material
or
17
electioneering
communication
.
18
(2)
The
person
who
is
responsible
for
the
published
material
19
or
electioneering
communication
has
the
sole
responsibility
20
and
liability
for
the
attribution
statement
required
by
this
21
section.
22
c.
If
the
person
paying
for
the
published
material
or
23
electioneering
communication
is
an
individual,
the
words
“paid
24
for
by”
and
the
name
and
address
of
the
person
shall
appear
on
25
the
published
material
or
electioneering
communication
.
26
d.
If
more
than
one
individual
is
responsible,
the
words
27
“paid
for
by”,
the
names
of
the
individuals,
and
either
28
the
addresses
of
the
individuals
or
a
statement
that
the
29
addresses
of
the
individuals
are
on
file
with
the
Iowa
ethics
30
and
campaign
disclosure
board
shall
appear
on
the
published
31
material
or
electioneering
communication
.
32
e.
If
the
person
responsible
is
an
organization,
the
words
33
“paid
for
by”,
the
name
and
address
of
the
organization,
and
34
the
name
of
one
officer
of
the
organization
shall
appear
on
the
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published
material
or
electioneering
communication
.
1
f.
If
the
person
responsible
is
a
corporation,
the
words
2
“paid
for
by”,
the
name
and
address
of
the
corporation,
and
the
3
name
and
title
of
the
corporation’s
chief
executive
officer
4
shall
appear
on
the
published
material
or
electioneering
5
communication
.
6
g.
If
the
person
responsible
is
a
committee
that
has
filed
7
a
statement
of
organization
pursuant
to
section
68A.201
,
the
8
words
“paid
for
by”
and
the
name
of
the
committee
shall
appear
9
on
the
published
material
or
electioneering
communication
.
10
h.
If
the
published
material
or
electioneering
communication
11
is
the
result
of
an
independent
expenditure
subject
to
section
12
68A.404
,
the
published
material
or
electioneering
communication
13
shall
include
a
statement
that
the
published
material
or
14
electioneering
communication
was
not
authorized
by
any
15
candidate,
candidate’s
committee,
or
ballot
issue
committee.
16
Sec.
10.
Section
68A.405,
subsection
2,
paragraph
d,
Code
17
2022,
is
amended
to
read
as
follows:
18
d.
Any
published
material
or
electioneering
communication
19
that
is
subject
to
federal
regulations
regarding
an
attribution
20
requirement.
21
Sec.
11.
Section
68A.405,
subsection
4,
Code
2022,
is
22
amended
to
read
as
follows:
23
4.
The
board
shall
adopt
rules
relating
to
the
placing
of
an
24
attribution
statement
on
published
materials
and
electioneering
25
communication
.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
campaign
finance.
The
bill
changes
30
the
definition
of
“contribution”
to
include,
with
respect
31
to
payments
for
services,
payments
made
by
any
person
other
32
than
a
candidate
or
committee
who
receives
the
service.
The
33
bill
adds
coordinated
expenditures,
defined
in
the
bill
as
a
34
communication
made
in
coordination
with
a
candidate,
to
the
35
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definition
of
“contribution”
if
the
coordinated
expenditure
1
is
required
to
be
reported
to
the
Iowa
ethics
and
campaign
2
disclosure
board
(board).
The
bill
excludes
from
the
3
definition
of
“express
advocacy”
communications
that
encourage
4
individuals
to
register
to
vote
or
to
vote;
that
do
not
5
support
or
oppose
a
candidate
or
ballot
issue;
that
is
a
news
6
story,
commentary,
blog,
or
editorial;
that
is
by
a
membership
7
organization
to
its
members,
stockholders,
or
employees;
or
8
that
the
board
determines
by
rule
is
not
express
advocacy.
9
The
bill
lowers
the
minimum
amount
of
money
that
an
10
organization
must
accept
or
expend
before
being
considered
11
a
political
committee
from
$1,000
to
$250.
The
bill
adds
a
12
definition
for
“communication”
that
includes
paid
broadcasts,
13
placements
of
internet
content,
printed
advertisements,
14
mailings,
and
printed
materials.
The
bill
also
defines
15
“electioneering
communication”
as
a
communication
made
within
16
60
days
of
the
commencement
of
voting
in
an
election
that
is
17
not
express
advocacy
but
which
refers
to
one
or
more
clearly
18
identified
candidate;
depicts
the
name,
image,
likeness,
or
19
voice
of
a
candidate;
or
refers
to
a
political
party,
ballot
20
issue,
or
a
question
submitted
to
voters
at
that
election.
21
“Electioneering
communication”
does
not
include
a
bona
fide
22
news
story,
commentary,
blog,
or
editorial;
a
communication
23
made
by
a
membership
organization
to
its
members,
stockholders,
24
or
employees;
a
commercial
communication
that
depicts
a
25
candidate
only
in
the
candidate’s
capacity
as
owner,
operator,
26
or
employee
of
a
business;
a
candidate
debate
forum
or
a
27
promotion
for
a
candidate
debate
forum;
or
a
communication
28
that
the
board
determines
by
rule
is
not
an
electioneering
29
communication.
30
The
bill
changes
the
content
required
in
a
report
31
filed
by
a
permanent
organization
temporarily
engaged
in
32
political
activity.
Such
reports
must
include
aggregate
33
contributions
made
by
each
person
who
made
a
contribution
to
34
the
organization,
each
loan
received
by
the
organization,
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the
amount
and
nature
of
debts
and
obligations
owed
to
the
1
organization,
proceeds
that
total
less
than
$35
per
person
from
2
mass
collections
made
at
fund-raising
events,
the
total
sum
of
3
contributions
received
for
a
particular
candidate
or
committee,
4
personal
information
of
each
person
to
whom
an
expenditure
was
5
made,
personal
information
of
each
person
who
received
a
salary
6
or
reimbursement
of
expenses
from
the
organization,
the
total
7
sum
of
all
expenditures
made
by
the
organization,
personal
8
information
of
each
person
to
whom
a
loan
was
made,
debts
and
9
obligations
owed
by
the
committee,
and
other
information
that
10
may
be
required
by
the
board
by
rule.
Reports
of
expenditures
11
for
personal
services
in
reports
made
by
any
entity
must
be
12
itemized
and
detail
the
specific
services
provided.
The
bill
13
also
requires
all
reports
submitted
to
the
board
to
include
the
14
total
sum
of
disbursements
made.
15
The
bill
requires
a
person
making
an
electioneering
16
communication
to
file
a
report
with
the
board
pursuant
to
rules
17
of
the
board.
Electioneering
communications
must
also
include
18
attribution
statements.
19
By
operation
of
law,
a
person
who
willfully
violates
a
20
provision
of
the
bill
is
guilty
of
a
serious
misdemeanor.
A
21
serious
misdemeanor
is
punishable
by
confinement
for
no
more
22
than
one
year
and
a
fine
of
at
least
$430
but
not
more
than
23
$2,560.
24
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