Bill Text: IA HF359 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the public financing for elections to the general assembly, establishing spending limits, making penalties applicable, providing an appropriation and an income tax exemption, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF359 Detail]
Download: Iowa-2011-HF359-Introduced.html
House
File
359
-
Introduced
HOUSE
FILE
359
BY
ISENHART
,
WITTNEBEN
,
HUNTER
,
WINCKLER
,
and
KAJTAZOVIC
A
BILL
FOR
An
Act
relating
to
the
public
financing
for
elections
to
the
1
general
assembly,
establishing
spending
limits,
making
2
penalties
applicable,
providing
an
appropriation
and
3
an
income
tax
exemption,
and
including
effective
date
4
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
NEW
SECTION
.
68A.801
Public
financing
for
1
elections
to
the
Iowa
house
and
senate.
2
1.
A
candidate
for
election
to
the
Iowa
senate
or
house
3
of
representatives
may,
subject
to
the
availability
of
funds,
4
receive
equal
matching
funds
from
the
fair
elections
fund.
The
5
match
shall
equal
the
sum
of
all
contributions
by
individuals,
6
up
to
one
hundred
dollars
per
individual
per
election
campaign
7
period.
Funding
is
available
for
both
the
primary
and
general
8
election
campaign
period.
9
a.
The
maximum
amount
that
can
be
matched
for
each
election
10
period
is
ten
thousand
dollars
for
a
candidate
for
the
house
of
11
representatives
and
fifteen
thousand
dollars
for
the
senate.
12
b.
The
primary
election
campaign
period
is
the
period
13
beginning
ninety
days
before
the
primary
election
and
ending
14
on
the
day
before
the
primary
election.
The
general
election
15
campaign
period
is
the
period
beginning
the
day
after
the
16
primary
election
and
ending
on
the
day
before
the
general
17
election.
18
2.
The
amount
that
can
be
matched
does
not
include
the
19
monetary
value
of
in-kind
contributions.
20
3.
A
candidate
is
eligible
for
matching
funds
for
21
contributions
received
by
the
candidate
or
candidate’s
22
committee
during
the
primary
election
campaign
period
and
23
October
14
prior
to
the
general
election.
24
4.
Matching
funds
may
be
prorated
if
sufficient
funds
are
25
not
available.
26
Sec.
2.
NEW
SECTION
.
68A.802
Qualifications.
27
1.
A
candidate
for
the
house
of
representatives
is
eligible
28
for
matching
funds
from
the
fair
elections
fund
for
the
29
primary
election
campaign
period,
if
opposed,
and
the
general
30
election
campaign
period,
if
opposed,
when
the
candidate
or
31
the
candidate’s
committee
has
received,
during
either
period,
32
cash
contributions
of
at
least
five
dollars
from
one
hundred
33
fifty
or
more
identified
electors
who
are
not
related
to
the
34
candidate
within
the
third
degree
of
consanguinity
or
affinity
35
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and
who
reside
in
the
district
in
which
the
candidate
stands
1
for
election.
2
2.
A
candidate
for
the
senate
is
eligible
for
matching
funds
3
from
the
fair
elections
fund
for
the
primary
election
campaign
4
period,
if
opposed,
and
the
general
election
campaign
period,
5
if
opposed,
when
the
candidate
or
the
candidate’s
committee
has
6
received,
during
either
period,
cash
contributions
of
at
least
7
five
dollars
from
two
hundred
twenty-five
or
more
identified
8
electors
who
are
not
related
to
the
candidate
within
the
third
9
degree
of
consanguinity
or
affinity
and
who
reside
in
the
10
district
in
which
the
candidate
stands
for
election.
11
Sec.
3.
NEW
SECTION
.
68A.803
Restrictions
on
campaign
fund
12
use.
13
A
candidate
for
the
general
assembly
receiving
matching
14
funds
from
the
fair
elections
fund
is
subject
to
the
following
15
restrictions:
16
1.
All
campaign
funds
shall
be
expended
directly
by
17
the
candidate
or
the
candidate’s
committee
and
may
not
be
18
forwarded
to
a
political
committee
or
candidate’s
committee
of
19
a
different
candidate.
20
2.
A
candidate
shall
not
use
any
campaign
funds
or
21
in-kind
contributions
on
a
communication
that
refers
directly
22
or
indirectly
to
the
candidate’s
opponent,
unless
that
23
communication
is
in
response
to
a
communication
made
by
the
24
candidate’s
opponent
or
made
by
an
independent
expenditure
that
25
refers
directly
or
indirectly
to
the
candidate
receiving
public
26
support.
27
3.
a.
Candidates
receiving
matching
funds
are
limited
to
28
spending
limits
of
thirty
thousand
dollars
for
each
of
the
29
primary
and
general
election
campaign
periods
for
an
election
30
to
the
house
of
representatives
and
forty-five
thousand
dollars
31
for
each
of
the
primary
and
general
election
campaign
periods
32
for
an
election
to
the
senate.
The
spending
limit
includes
the
33
monetary
value
of
in-kind
contributions.
34
b.
A
candidate
who
is
opposed
by
a
person
or
political
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committee
making
an
independent
expenditure
may
spend
amounts
1
exceeding
the
limit
equal
to
two
times
the
independent
2
expenditures
as
reported
to
the
board.
Funds
used
to
respond
3
to
independent
expenditures
may
be
received
from
any
source
4
authorized
by
law.
5
Sec.
4.
NEW
SECTION
.
68A.804
Iowa
fair
elections
fund
——
6
nature
and
purposes.
7
1.
An
Iowa
fair
elections
fund
is
established
as
a
separate
8
fund
within
the
office
of
the
state
treasurer,
under
the
9
control
of
the
board,
for
the
following
purposes:
10
a.
Providing
financing
for
the
election
campaigns
of
11
eligible
candidates
to
the
general
assembly
during
primary
12
election
and
general
election
campaign
periods.
13
b.
Paying
for
the
administrative
and
enforcement
costs
of
14
the
board
in
relation
to
this
subchapter.
15
2.
a.
The
fund
shall
consist
of
moneys
received
pursuant
16
to
section
68A.805
and
moneys
appropriated
by
the
general
17
assembly.
Notwithstanding
section
8.33,
unencumbered
or
18
unobligated
moneys
credited
to
the
fund
and,
notwithstanding
19
section
12C.7,
any
interest
earned
on
moneys
in
the
fund,
as
of
20
June
30
of
any
fiscal
year
shall
not
revert
to
the
general
fund
21
of
the
state
but
shall
remain
in
the
fund
and
be
available
for
22
expenditure
in
subsequent
years.
23
b.
Moneys
in
the
fund
are
appropriated
to
the
board
for
the
24
purposes
of
subsection
1.
25
Sec.
5.
NEW
SECTION
.
68A.805
Funding
——
Iowa
fair
elections
26
fund.
27
In
addition
to
any
moneys
appropriated
by
the
general
28
assembly
to
the
Iowa
clean
elections
fund
established
in
29
section
68A.804,
the
following
moneys
shall
be
deposited
in
the
30
fund:
31
1.
Civil
penalties
levied
by
the
board
against
candidates
32
for
violations
of
this
subchapter.
33
2.
Voluntary
donations
made
directly
to
the
fund.
34
3.
Any
other
sources
of
revenue
designated
by
the
general
35
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assembly.
1
Sec.
6.
NEW
SECTION
.
68A.806
Powers
and
procedures.
2
The
board
shall
have
the
following
powers
and
procedures
in
3
addition
to
those
granted
in
this
chapter
and
chapter
68B
when
4
administering
this
subchapter:
5
1.
After
every
primary
and
general
election,
the
board
6
may
conduct
random
audits
and
investigations
to
ensure
7
compliance
with
this
subchapter.
The
subjects
of
audits
and
8
investigations
shall
be
selected
on
the
basis
of
impartial
9
criteria
established
by
rule.
10
2.
The
board
may
investigate
anonymous
complaints.
The
11
identity
of
a
complainant
may
be
kept
confidential
if
the
12
complainant
states
in
the
complaint
that
revealing
the
identity
13
of
the
complainant
could
reasonably
result
in
disciplinary
14
action
or
loss
of
employment.
15
3.
The
board
may
levy
civil
penalties
for
violations
of
16
this
subchapter.
Civil
penalties
levied
and
collected
shall
be
17
deposited
in
the
Iowa
fair
elections
fund.
18
4.
The
board
shall
adopt
rules
pursuant
to
chapter
17A
as
19
necessary
to
administer
this
subchapter.
20
Sec.
7.
Section
422.7,
Code
2011,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
54.
Subtract,
to
the
extent
not
otherwise
23
excluded,
up
to
fifty
percent
of
the
amount
contributed
to
the
24
fair
elections
fund
pursuant
to
section
68A.804.
The
exemption
25
is
limited
to
one
hundred
dollars
per
individual
return
and
two
26
hundred
dollars
per
joint
return.
The
contribution
to
the
fair
27
elections
fund,
for
which
the
exemption
is
claimed,
may
be
made
28
at
the
same
time
the
tax
return
is
filed.
29
Sec.
8.
Section
422.35,
Code
2011,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
25.
Subtract,
to
the
extent
not
otherwise
32
excluded,
up
to
fifty
percent
of
the
amount
contributed
to
the
33
fair
elections
fund
pursuant
to
section
68A.804.
The
exemption
34
is
limited
to
five
hundred
dollars
on
corporate
returns.
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The
contribution
to
the
fair
elections
fund,
for
which
the
1
exemption
is
claimed,
may
be
made
at
the
same
time
the
tax
2
return
is
filed.
3
Sec.
9.
APPROPRIATION.
4
1.
There
is
appropriated
from
the
general
fund
of
the
state
5
to
the
Iowa
ethics
and
campaign
disclosure
board
for
deposit
in
6
the
Iowa
fair
elections
fund
for
the
fiscal
year
beginning
July
7
1,
2012,
and
ending
June
30,
2013,
the
following
amount,
to
be
8
used
for
the
purposes
set
out
in
section
68A.804:
9
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
2,000,000
10
2.
It
is
the
intent
of
the
general
assembly
that,
in
11
subsequent
fiscal
years,
there
be
appropriated
funds
sufficient
12
to
restore
the
fund
to
$4,000,000
on
January
1
in
fiscal
years
13
in
which
a
primary
election
is
held
and
to
restore
the
fund
to
14
$2,000,000
on
July
1
in
years
in
which
a
general
election
is
15
held.
16
Sec.
10.
EFFECTIVE
DATE.
This
Act
takes
effect
July
1,
17
2012.
18
EXPLANATION
19
This
bill
provides
for
public
funding
for
legislative
20
election
campaigns.
The
bill
provides
a
dollar-for-dollar
21
state
match
of
individual
contributions
made
by
electors
22
residing
in
the
candidate’s
district.
Funding
is
available
23
for
both
the
primary
and
general
election.
The
maximum
amount
24
that
can
be
matched
for
each
election
period
is
$10,000
for
a
25
candidate
for
the
house
of
representatives
and
$15,000
for
the
26
senate.
27
To
be
eligible
for
funding,
a
candidate
for
the
house
of
28
representatives
must
receive,
during
the
campaign
period,
cash
29
contributions
of
at
least
$5
from
150
or
more
identified,
30
unrelated
electors
who
live
in
the
district.
A
candidate
for
31
the
senate
must
receive
$5
from
300
unrelated
electors.
32
The
bill
places
restrictions
on
expenditure
of
campaign
33
funds.
All
campaign
funds
must
be
expended
directly
by
34
the
candidate
or
the
candidate’s
committee
and
may
not
be
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forwarded
to
a
political
committee
or
candidate’s
committee
of
1
a
different
candidate.
A
candidate
cannot
use
any
campaign
2
funds
or
in-kind
contributions
on
a
communication
that
refers
3
directly
or
indirectly
to
the
candidate’s
opponent,
unless
4
that
communication
is
in
response
to
a
communication
made
by
5
the
candidate’s
opponent
or
made
pursuant
to
an
independent
6
expenditure.
7
Candidates
receiving
matching
funds
are
limited
to
8
spending
limits
of
$30,000
for
each
of
the
primary
and
general
9
election
campaign
periods
for
an
election
to
the
house
of
10
representatives
and
$45,000
for
each
of
the
primary
and
general
11
election
campaign
periods
for
an
election
to
the
senate.
12
As
provided
in
Code
section
68A.701,
a
willful
violation
13
of
any
provision
of
the
campaign
finance
chapter
is
a
serious
14
misdemeanor
punishable
by
confinement
for
not
more
than
one
15
year
and
a
fine
of
at
least
$315
but
not
more
than
$1,875.
A
16
variety
of
civil
remedies
are
also
available
in
Code
section
17
68B.32D
for
a
violation
of
Code
chapter
68A
or
rules
of
the
18
ethics
and
campaign
disclosure
board,
ranging
from
a
reprimand
19
to
a
civil
penalty
of
not
more
than
$2,000.
20
The
bill
creates
an
Iowa
fair
elections
fund,
controlled
21
by
the
Iowa
ethics
and
campaign
disclosure
board.
The
bill
22
establishes
a
separate,
nonreverting
fund
in
the
state
treasury
23
for
the
Iowa
fair
elections
fund,
and
provides
sources
of
24
revenue.
25
The
bill
creates
an
individual
and
corporate
tax
exemption
26
for
contributions
to
the
fund.
27
The
bill
appropriates
$2
million
in
FY
2012-2013
to
the
28
Iowa
fair
elections
fund.
For
subsequent
fiscal
years,
the
29
bill
provides
that
it
is
the
intent
of
the
general
assembly
to
30
appropriate
sufficient
funds
to
restore
the
fund
to
$4
million
31
on
January
1
in
years
in
which
a
primary
election
is
held
and
32
to
restore
the
fund
to
$2
million
on
July
1
in
years
in
which
a
33
general
election
is
held.
34
The
bill
has
an
effective
date
of
July
1,
2012.
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