Bill Text: IA SF367 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to campaigns for public office by requiring certain independent expenditure donor disclosures and providing judicial standards related to libelous statements in published campaign materials.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2017-03-02 - Subcommittee: Chapman, Danielson, and Zaun. S.J. 457. [SF367 Detail]
Download: Iowa-2017-SF367-Introduced.html
Senate File 367 - Introduced SENATE FILE BY MATHIS A BILL FOR 1 An Act relating to campaigns for public office by requiring 2 certain independent expenditure donor disclosures and 3 providing judicial standards related to libelous statements 4 in published campaign materials. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2346XS (3) 87 aw/rj PAG LIN 1 1 Section 1. Section 68A.102, subsection 17, Code 2017, is 1 2 amended to read as follows: 1 3 17. "Person" means, without limitation, any individual, 1 4 corporation, government or governmental subdivision or agency, 1 5 business trust, estate, trust, partnership or association, 1 6 labor union, social welfare organization, as described in 1 7 section 501(c)(4) of the Internal Revenue Code, or any other 1 8 legal entity. 1 9 Sec. 2. Section 68A.404, subsection 5, Code 2017, is amended 1 10 by adding the following new paragraph: 1 11 NEW PARAGRAPH. i. If the person making the independent 1 12 expenditure uses, in whole or in part, anything of value from 1 13 one or more donors which was not given for the purpose of 1 14 furthering the independent expenditure, the person making the 1 15 independent expenditure must disclose the names of each donor 1 16 who gave to the person making the independent expenditure 1 17 in the twelve months prior to the independent expenditure 1 18 being made and the amount and date of each donation in that 1 19 period. For purposes of this section, a donor is a person 1 20 who has rendered anything of value in return for which legal 1 21 consideration of equal or greater value is not given and 1 22 received. 1 23 Sec. 3. Section 659.4, Code 2017, is amended to read as 1 24 follows: 1 25 659.4CandidateLibel in campaign materials == contributor 1 26 liability == candidate == retraction == time == imputing sexual 1 27 misconduct. 1 28 1. a. For the purposes of this subsection: 1 29 (1) "Candidate", "committee", "contribution", and "person" 1 30 mean the same as those terms are defined in section 68A.102. 1 31 (2) "Published material" means the same as defined in 1 32 section 68A.405, subsection 1. 1 33 b. A person making an independent expenditure under section 1 34 68A.404 or a committee commits libel if the person or committee 1 35 negligently makes a defamatory statement in published material 2 1 concerning a clearly identified candidate for public office. A 2 2 candidate for public office who is subject of such a libelous 2 3 statement may bring an action for damages under this subsection 2 4 against the person or committee responsible for publishing the 2 5 material. 2 6 c. The candidate under paragraph "b" may recover actual, 2 7 special, and exemplary damages. A person making the 2 8 independent expenditure under section 68A.404 or a committee 2 9 publishing libelous statements shall be liable for damages, and 2 10 any person making a contribution to the independent expenditure 2 11 or to the committee shall be jointly and severally liable 2 12 up to a dollar amount not to exceed the aggregate of the 2 13 person's contributions to the independent expenditure or to the 2 14 committee in the two years preceding the filing of the action 2 15 for damages. 2 16 2. If the plaintiff was a candidate for office at the time 2 17 of the libelous publication, no retraction shall be available 2 18 unless published in a conspicuous place on the editorial page, 2 19 nor if the libel was published within two weeks next before 2 20 the election. Thissectionsubsection and sections 659.2 and 2 21 659.3 do not apply to libel imputing sexual misconduct to any 2 22 persons. 2 23 EXPLANATION 2 24 The inclusion of this explanation does not constitute agreement with 2 25 the explanation's substance by the members of the general assembly. 2 26 This bill relates to campaigns for public office by 2 27 requiring independent expenditure donor disclosures and by 2 28 providing judicial standards related to libelous statements in 2 29 published campaign materials. 2 30 The bill expressly includes social welfare organizations 2 31 within the definition of the term "person" in Code chapter 2 32 68A. Under the bill, a social welfare organization is an 2 33 organization as described in section 501(c)(4) of the Internal 2 34 Revenue Code. 2 35 The bill requires that any person making an independent 3 1 expenditure disclose the names of each donor who gave to the 3 2 person making the independent expenditure in the 12 months 3 3 prior to the independent expenditure being made and the amount 3 4 and date of each donation in that period, even if the donation 3 5 was not given for the purpose of furthering the independent 3 6 expenditure. Under the bill, a person includes any individual, 3 7 corporation, government or governmental subdivision or agency, 3 8 business trust, estate, trust, partnership or association, 3 9 labor union, social welfare organization, or any other legal 3 10 entity. 3 11 The bill provides that a person making an independent 3 12 expenditure or a committee under Code chapter 68A commits libel 3 13 if the person or committee negligently publishes a defamatory 3 14 statement concerning a clearly identified candidate for 3 15 public office. The bill provides that a candidate for public 3 16 office who is subject of a libelous statement is permitted to 3 17 bring an action for damages against the person or committee 3 18 responsible for publishing the material. Under the bill, a 3 19 plaintiff can recover actual, special, and exemplary damages. 3 20 A person making the independent expenditure under Code section 3 21 68A.404 or committee making such libelous statements is 3 22 liable for damages, and any person making a contribution to 3 23 the independent expenditure or committee shall be jointly 3 24 and severally liable up to a dollar amount not to exceed the 3 25 aggregate of the person's contributions to the independent 3 26 expenditure or committee in the two years preceding the filing 3 27 of the complaint for damages. LSB 2346XS (3) 87 aw/rj
