Text: SF2006            Text: SF2008
Complete Bill History


Senate File 2007

SENATE FILE BY PUTNEY Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the use of certain commitments and responses 2 collected from candidates for public office, and applying a 3 penalty. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5092XS 80 6 jr/sh/8 PAG LIN 1 1 Section 1. NEW SECTION. 68A.406 PRINTED OR ELECTRONIC 1 2 POLITICAL PUBLICATIONS == DISCLOSURES. 1 3 1. For the purpose of this section, unless the context 1 4 otherwise requires: 1 5 a. "Political publication" means any letter, newsletter, 1 6 direct mailing, brochure, or any other form of printed or 1 7 electronic direct or general public political communication. 1 8 b. "Written or electronically recorded" means a document 1 9 printed and signed personally by a candidate for public 1 10 office; an electronic record, as defined in chapter 554D, 1 11 typed and accompanied by the digital signature of the 1 12 candidate for public office, provided the digital signature 1 13 complies with the provisions of chapter 554D; or an electronic 1 14 record, as defined in chapter 554D, otherwise containing 1 15 information, as defined in chapter 554D, that satisfies the 1 16 provisions of section 554D.111 regarding the identity of the 1 17 candidate for public office and the content of the commitment 1 18 or responses. 1 19 2. A person who causes the publication or distribution of 1 20 a political publication to a candidate for public office 1 21 seeking the candidate's written or electronically recorded 1 22 commitment on an issue, or written or electronically recorded 1 23 responses regarding the candidate's positions on certain 1 24 issues, shall include conspicuously on the political 1 25 publication all of the following: 1 26 a. The identity and address of the person responsible for 1 27 the political publication. 1 28 b. If the person responsible is an organization, the name 1 29 of at least one officer of the organization. However, if the 1 30 organization is a committee that has filed a statement of 1 31 organization under this chapter, only the name of the 1 32 committee is required. 1 33 c. A full disclosure statement regarding the person's 1 34 intended use of the candidate's commitment or responses. 1 35 3. A person shall not use a candidate's commitment or 2 1 responses in any manner that is inconsistent with the 2 2 disclosure statement previously made to the candidate 2 3 regarding the intended use of the candidate's commitment or 2 4 responses. 2 5 4. The board may adopt rules as necessary to administer 2 6 this section. 2 7 EXPLANATION 2 8 This bill adds a new section to Code chapter 68A, formerly 2 9 Code chapter 56, regarding campaign finance. 2 10 New Code section 68A.406 regulates the form and use of 2 11 printed and electronic surveys, polls, and similar documents 2 12 circulated to candidates for public office by interest groups 2 13 and others prior to an election. The new Code section 2 14 requires conspicuous disclosure of the name and address of the 2 15 person responsible for the printed or electronic political 2 16 publication and of the intended use of the written or 2 17 electronically recorded commitment or written or 2 18 electronically recorded responses solicited from the 2 19 candidate. Finally, the Code section prohibits the person 2 20 from using the written or electronically recorded commitment 2 21 or written or electronically recorded responses received from 2 22 the candidate in a manner that is inconsistent with the 2 23 disclosure given to obtain them. 2 24 Definitions are provided for "political publication" and 2 25 for "written or electronically recorded". The latter term 2 26 makes references to definitions and other provisions of Code 2 27 chapter 554D, the uniform electronic transactions Act, in 2 28 defining certain elements of an electronic record. 2 29 Pursuant to Code section 68A.701, willful violations of 2 30 provisions of Code chapter 68A are considered serious 2 31 misdemeanors; consequently, a violation of new Code section 2 32 68A.406 regarding the use of candidate commitments or 2 33 responses inconsistent with prior disclosure would be a 2 34 serious misdemeanor. A serious misdemeanor is punishable by 2 35 confinement for no more than one year and a fine of at least 3 1 $250 but not more than $1,500. 3 2 The Iowa ethics and campaign disclosure board is empowered 3 3 to adopt rules as necessary to administer the section. 3 4 LSB 5092XS 80 3 5 jr/sh/8
Text: SF2006            Text: SF2008 Complete Bill History