General Assembly: 83 (2010 Regular GA) - Chapter 1024 - Campaign finance reporting requirements — electronic format


Published: 2010-03-03

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CH. 1024 LAWS OF THE EIGHTY-THIRD G.A., 2010 SESSION 42

CHAPTER 1024 CAMPAIGN FINANCE REPORTING REQUIREMENTS — ELECTRONIC FORMAT

S.F. 2128

ANACT requiring certain campaign finance statements and reports to be filed in an electronic format.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 68A.201, subsection 5, Code 2009, is amended by striking the subsection.

Sec. 2. NEW SECTION. 68A.201A Contributions from federal and out-of-state committees or organizations. 1. When either a committee or organization not organized as a committee under section

68A.201 makes a contribution to a committee organized in Iowa, that committee or organization shall disclose each contribution in excess of fifty dollars to the board. 2. A committee or organization not organized as a committee under section 68A.201 that

is not registered and filing full disclosure reports of all financial activities with the federal election commission or another state’s disclosure commission shall register and file full disclosure reports with the board pursuant to this chapter. The committee or organization shall either appoint an eligible Iowa elector as committee or organization treasurer, or shall maintain all committee funds in an account in a financial institution located in Iowa. 3. A committee that is currently filing a disclosure report in another jurisdiction shall

either file a statement of organization under section 68A.201 and file disclosure reports under section 68A.402, or shall file a verified statement with the board within fifteen days of the contribution being made. 4. The verified statement shall be on forms prescribed by the board and shall attest that

the committee is filing reports with the federal election commission or in a jurisdiction with reporting requirements which are substantially similar to those of this chapter, and that the contribution is made from an account that does not accept contributions that would be in violation of section 68A.503. 5. The verified statement shall include the complete name, address, and telephone number

of the contributing committee, the state or federal jurisdiction under which it is registered or operates, the identification of any parent entity or other affiliates or sponsors, its purpose, the name and address of an Iowa resident authorized to receive service of original notice, the name and address of the receiving committee, the amount of the cash or in-kind contribution, and the date the contribution was made. 6. Effective January 1, 2011, the verified statement shall be filed in an electronic format by

4:30 p.m. of the day the filing is due.

Sec. 3. Section 68A.401, subsection 1, Code Supplement 2009, is amended to read as follows: 1. All statements and reports required to be filed under this chapter shall be filed with

the board as provided in section 68A.402, subsection 1. The board shall post on its internet website all statements and reports filed under this chapter. For purposes of this section, the term “statement” does not include a bank statement. a. A candidate’s committee of a candidate for statewide office or the general assembly shall

file all statements and reports in an electronic format by 4:30 p.m. of the day the filing is due and according to rules adopted by the board. Any other candidate or political committee may submit the statements and reports in an electronic format as prescribed by rule. b. Effective January 1, 2011, a county statutory political committee shall file all statements

and reports in an electronic format by 4:30 p.m. of the day the filing is due and according to rules adopted by the board. c. Effective January 1, 2011, any other candidate or committee involved in a county, city,

school, or other political subdivision election that accepts monetary or in-kind contributions in excess of two thousand dollars, or incurs indebtedness in excess of two thousand dollars

43 LAWS OF THE EIGHTY-THIRD G.A., 2010 SESSION CH. 1025

in the aggregate in a calendar year, or makes expenditures in excess of two thousand dollars in a calendar year to expressly advocate for or against a clearly identified candidate or ballot issue shall file all statements and reports in an electronic format by 4:30 p.m. of the day the filing is due and according to rules adopted by the board. The committee shall continue to file subsequent statements and reports in an electronic format until being certified as dissolved under section 68A.402B. d. Any other candidate or political committee not otherwise required to file a statement

or report in an electronic format under this section shall file the statements and reports in either an electronic format as prescribed by rule or by one of the methods specified in section 68A.402, subsection 1. b. e. If the board determines that a violation of this subsection has occurred, the boardmay

impose any of the remedies or penalties provided for under section 68B.32D, except that the board shall not refer any complaint or supporting information of a violation of this section to the attorney general or any county attorney for prosecution.

Approved March 3, 2010

CHAPTER 1025 CAMPAIGN FINANCE REGULATION AND REPORTING

S.F. 2195

AN ACT relating to campaign finance requirements and reporting.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 68A.102, subsection 18, unnumbered paragraph 1, Code 2009, is amended to read as follows: “Political committee” means either any of the following:

Sec. 2. Section 68A.102, subsection 18, Code 2009, is amended by adding the following new paragraph: NEW PARAGRAPH. c. A person, other than an individual, that accepts contributions

in excess of seven hundred fifty dollars in the aggregate, makes expenditures in excess of seven hundred fifty dollars in the aggregate, or incurs indebtedness in excess of seven hundred fifty dollars in the aggregate in any one calendar year to expressly advocate that an individual should or should not seek election to a public office prior to the individual becoming a candidate as defined in section 68A.102, subsection 4.

Sec. 3. Section 68A.202, subsection 2, Code 2009, is amended to read as follows: 2. a. A political committee shall not be established to expressly advocate the nomination,

election, or defeat of only one candidate for office. However, a political committee may be established to expressly advocate the passage or defeat of approval of a single judge standing for retention. A permanent organization, as defined in section 68A.402, subsection 9, may make a one-time contribution to only one candidate for office in excess of seven hundred fifty dollars. b. The prohibition in paragraph “a” does not apply to a political committee described in

section 68A.102, subsection 18, paragraph “c”, until the individual becomes a candidate for public office. A political committee organized to expressly advocate that an individual should or should not seek election to a public office prior to the individual becoming a candidate for public office shall be dissolved when the individual becomes a candidate for public office.