Bill Text: IA HF285 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to certain political communications and voluntary ethics statements and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-18 - Subcommittee Meeting: 02/21/2019 11:00AM House Lounge. [HF285 Detail]
Download: Iowa-2019-HF285-Introduced.html
House
File
285
-
Introduced
HOUSE
FILE
285
BY
McKEAN
A
BILL
FOR
An
Act
relating
to
certain
political
communications
and
1
voluntary
ethics
statements
and
making
penalties
applicable.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2146YH
(2)
88
ss/jh
H.F.
285
Section
1.
NEW
SECTION
.
68A.507
Disclosures
related
to
1
political
telephone
communications
——
legislative
findings
——
2
definitions.
3
1.
The
general
assembly
finds
that
political
telephone
4
communication
is
increasingly
used
in
political
campaigns
in
5
this
state
in
a
deceptive
manner,
including
but
not
limited
6
to
the
use
of
political
telemarketing,
also
known
as
push-
7
polling,
where
an
anonymous
telephone
communication
is
8
designed
to
appear
as
a
legitimate
poll,
but
is
in
fact
used
9
to
communicate
certain
negative
information
related
to
a
10
candidate
or
ballot
issue.
The
general
assembly
declares
that
11
a
compelling
public
interest
exists
to
identify
the
source
of
12
funding
of
telephone
communications
related
to
elections
in
13
order
to
prevent
corruption
and
deceit
at
the
expense
of
the
14
electorate
and
to
preserve
accountability
for
expenditures
made
15
in
connection
with
political
campaigns.
16
2.
For
the
purposes
of
this
section,
unless
the
context
17
otherwise
requires:
18
a.
“Legitimate
poll”
means
a
telephone
communication
19
conducted
by
a
polling
firm
for
the
purpose
of
a
scientific
20
poll
of
respondents
in
order
to
gauge
public
opinion
concerning
21
a
candidate,
public
office
holder,
or
ballot
issue
that
is
part
22
of
a
series
of
like
telephone
communications
that
utilizes
a
23
scientific
sampling
technique
to
produce
a
random
sample
of
24
respondents.
25
b.
“Political
telemarketing”
means
the
canvassing
of
persons
26
under
the
guise
of
performing
a
legitimate
poll,
with
the
27
purpose
of
encouraging
support
of,
or
opposition
to,
a
clearly
28
identified
candidate
for
public
office
or
the
passage
or
defeat
29
of
a
clearly
identified
ballot
issue.
30
3.
A
candidate,
an
authorized
representative
of
a
31
candidate,
a
candidate’s
committee,
or
a
political
committee
32
that
engages
either
in
a
telephone
communication
for
the
33
purpose
of
soliciting
contributions
or
in
a
telephone
34
communication
that
has
the
effect
of
promoting
or
opposing
the
35
-1-
LSB
2146YH
(2)
88
ss/jh
1/
6
H.F.
285
nomination
or
election
of
a
candidate
for
public
office
or
the
1
passage
of
a
ballot
issue
shall
disclose
all
of
the
following
2
by
the
end
of
the
telephone
communication:
3
a.
The
identity
of
the
individual
who
is
communicating
and
4
the
entity
with
which
the
individual
is
affiliated,
if
any.
5
b.
The
individual
or
entity
that
paid
for
the
telephone
6
communication.
If
a
candidate’s
committee
or
political
7
committee
has
paid
for
or
authorized
the
telephone
8
communication,
the
name
of
the
candidate’s
committee
or
9
political
committee
shall
be
disclosed.
If
any
person
other
10
than
a
candidate’s
committee
or
political
committee
has
11
paid
for
or
authorized
the
telephone
communication,
the
12
communication
shall
also
state
whether
or
not
the
communication
13
has
been
authorized
by
the
candidate
intended
to
benefit
from
14
the
communication
and
shall
state
whether
the
communication
is
15
an
independent
expenditure.
16
c.
The
name,
telephone
number,
and
address
of
an
individual
17
whom
the
communication
recipient
can
contact
for
further
18
information
regarding
the
telephone
communication.
19
4.
An
individual
who,
on
behalf
of,
at
the
direction
of,
20
or
in
cooperation
with
a
political
committee,
engages
either
21
in
a
telephone
communication
for
the
purpose
of
soliciting
22
contributions
or
in
a
telephone
communication
that
has
the
23
effect
of
promoting
or
opposing
the
nomination
or
election
of
a
24
candidate
for
public
office
or
the
passage
of
a
ballot
issue
25
shall
disclose
all
of
the
following
at
the
commencement
of
the
26
telephone
communication:
27
a.
The
identity
of
the
individual
who
is
communicating
and
28
the
entity
with
which
the
individual
is
affiliated,
if
any.
29
b.
The
individual
or
entity
that
paid
for
the
telephone
30
communication.
If
a
political
committee
has
paid
for
or
31
authorized
the
telephone
communication,
the
name
of
the
32
political
committee
shall
be
disclosed.
If
any
person
33
other
than
the
candidate,
a
candidate’s
committee,
or
a
34
political
committee
has
paid
for
or
authorized
the
telephone
35
-2-
LSB
2146YH
(2)
88
ss/jh
2/
6
H.F.
285
communication,
the
communication
shall
also
state
whether
or
1
not
the
communication
has
been
authorized
by
the
candidate
2
intended
to
benefit
from
the
communication.
3
c.
The
name,
telephone
number,
and
address
of
an
individual
4
whom
the
communication
recipient
can
contact
for
further
5
information
regarding
the
telephone
communication.
6
5.
The
board
shall
adopt
rules
pursuant
to
chapter
17A
7
establishing
procedures
to
administer
this
section.
8
Sec.
2.
NEW
SECTION
.
68A.508
Publication
of
certain
false
9
statements
of
fact
concerning
candidate
prohibited
——
remedies.
10
1.
The
general
assembly
finds
that
the
increasing
use
of
11
false
statements
of
fact
aimed
at
candidates
for
public
office
12
impedes
campaigns
and
diminishes
the
trust
and
confidence
of
13
the
public
in
the
electoral
process.
It
is
not
the
intent
14
of
the
general
assembly
to
lessen
political
debate
that
15
furthers
the
ability
of
the
public
to
understand
the
issues
16
and
positions
of
candidates
for
public
office.
The
general
17
assembly
declares
that
a
compelling
state
interest
exists
in
18
prohibiting
the
use
of
false
statements
of
fact
that
impede
19
campaigns
for
public
office
in
Iowa
and
diminish
the
public's
20
trust
and
confidence
in
the
electoral
process.
21
2.
As
used
in
this
section:
22
a.
“Actual
malice”
means
knowledge
of
the
falsity
of
a
23
statement
or
reckless
disregard
for
whether
a
statement
is
true
24
or
false.
25
b.
“Public
office”
means
any
state,
county,
city,
school,
or
26
other
office
of
a
political
subdivision
of
this
state
filled
27
by
election.
28
c.
“Publish”
means
the
act
of
printing,
posting,
29
broadcasting,
mailing,
speaking,
or
otherwise
disseminating.
30
3.
A
person
shall
not,
with
actual
malice,
cause
to
be
31
published
a
false
statement
of
fact
concerning
a
candidate
for
32
public
office
involving
any
of
the
following:
33
a.
The
education
or
training
of
the
candidate.
34
b.
The
current
profession
or
occupation
of
the
candidate
or
35
-3-
LSB
2146YH
(2)
88
ss/jh
3/
6
H.F.
285
any
former
profession
or
occupation
of
the
candidate.
1
c.
Whether
the
candidate
committed,
was
indicted
for
2
committing,
or
was
convicted
of
committing
a
crime
punishable
3
by
law.
4
d.
Whether
the
candidate
was
subject
to
discipline
5
or
sanction
by
any
body
of
the
federal
government,
state
6
government,
or
political
subdivision
of
the
state.
7
e.
Whether
the
candidate
has
received
treatment
for
a
mental
8
illness.
9
f.
Whether
another
person
endorses
or
opposes
the
candidate.
10
g.
The
record
of
voting
of
a
candidate
if
the
candidate
11
serves
or
formerly
served
in
an
elected
office.
12
4.
A
candidate
for
public
office
who
alleges
that
a
false
13
statement
of
fact
concerning
the
candidate
has
been
published
14
in
violation
of
this
section
may
file
a
complaint
with
the
15
board.
The
board
shall
give
priority
consideration
to
any
16
complaint
filed
under
this
section
over
all
other
matters
17
pending
before
the
board.
18
5.
If
the
board
determines
that
a
violation
did
occur,
the
19
board
may
impose
any
of
the
recommended
actions
under
section
20
68B.32D,
except
that
the
board
shall
not
refer
any
complaint
or
21
supporting
information
of
a
violation
of
this
section
to
the
22
attorney
general
or
any
county
attorney
for
prosecution.
23
6.
This
section
shall
not
preclude
the
filing
of
a
civil
24
action
based
on
the
same
facts
or
event
giving
rise
to
a
25
complaint
filed
with
the
board
under
this
section.
26
7.
Section
68A.701,
which
otherwise
applies
criminal
27
penalties
for
violations
of
this
chapter,
shall
not
apply
to
28
violations
of
this
section.
29
Sec.
3.
NEW
SECTION
.
68A.509
Statement
of
fair
campaign
30
practices
for
state
offices.
31
The
board
shall
prepare
a
statement
of
fair
campaign
32
practices
to
assist
candidates
in
the
proper
conduct
of
33
political
campaigns
in
accordance
with
this
chapter.
A
34
copy
of
the
statement
shall
be
mailed
to
any
incumbent
state
35
-4-
LSB
2146YH
(2)
88
ss/jh
4/
6
H.F.
285
officeholder
running
for
reelection
to
that
office
and
to
any
1
other
individual
running
for
elected
state
office
that
has
2
filed
a
statement
of
organization
for
that
office
pursuant
to
3
section
68A.201.
Any
individual
running
for
elected
office
4
for
a
county,
city,
school,
or
other
political
subdivision
may
5
request
a
copy
of
the
statement.
Candidates
choosing
to
abide
6
by
the
statement
shall
sign
and
return
the
statement
to
the
7
board.
Compliance
with
the
provisions
of
the
statement
shall
8
be
voluntary
on
the
part
of
any
candidate
choosing
to
sign
and
9
return
the
statement
to
the
board.
The
statement
prepared
by
10
the
board
shall
be
adopted
by
rule
pursuant
to
chapter
17A.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
certain
political
telephone
calls
and
15
voluntary
ethics
statements.
The
bill
requires
a
caller
that
16
makes
a
telephone
call
soliciting
a
contribution
or
advocating
17
for
or
against
a
candidate
or
ballot
issue
to
disclose
the
name
18
and
affiliation
of
the
caller,
the
name
of
the
entity
that
paid
19
for
the
telephone
call,
whether
a
candidate
has
authorized
20
the
call,
and
the
name,
address,
and
telephone
number
of
an
21
individual
whom
the
person
can
contact
to
receive
further
22
information
regarding
the
call.
A
person
engaging
in
such
23
telephone
calls
must
submit
to
the
Iowa
ethics
and
campaign
24
disclosure
board,
at
least
24
hours
prior
to
the
first
call,
25
all
information
required
to
be
disclosed
during
the
call
and
26
the
script
that
the
caller
will
use.
By
operation
of
law,
27
a
person
who
willfully
violates
this
section
of
the
bill
is
28
guilty
of
a
serious
misdemeanor.
A
serious
misdemeanor
is
29
punishable
by
confinement
for
no
more
than
one
year
and
a
fine
30
of
at
least
$315
but
not
more
than
$1,875.
31
The
bill
prohibits
a
person
from
publishing
certain
false
32
statements
about
a
candidate
for
public
officer
with
actual
33
malice.
The
bill
allows
a
candidate
who
believes
that
a
34
prohibited
false
statement
has
been
published
to
make
a
report
35
-5-
LSB
2146YH
(2)
88
ss/jh
5/
6
H.F.
285
to
the
Iowa
ethics
and
campaign
disclosure
board
for
possible
1
investigation
and
penalties
pursuant
to
Code
section
68B.32D.
2
The
bill
directs
the
board
to
give
such
reports
priority
over
3
other
matters.
A
violation
of
this
Code
section
is
not
subject
4
to
a
criminal
penalty
pursuant
to
Code
section
68A.701.
5
The
bill
directs
the
Iowa
ethics
and
campaign
disclosure
6
board
to
create
a
statement
of
fair
campaign
finances
and
mail
7
it
to
any
incumbent
state
officeholder
running
for
reelection
8
and
to
any
other
candidate
for
state
office
that
has
filed
an
9
organization
statement.
A
person
running
for
any
other
officer
10
may
request
a
copy
of
the
statement.
A
candidate
may
choose
to
11
abide
by
the
statement
by
signing
it
and
returning
it
to
the
12
board.
Compliance
with
the
statement
is
voluntary.
13
-6-
LSB
2146YH
(2)
88
ss/jh
6/
6