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PAC
DISCLOSURE REQUIREMENTS*
1.
Any organization or entity that accepts contributions, makes
expenditures, or incurs debts in excess of $750 to advocate
for or against candidate or for or against the passage of a
ballot issue is defined as a PAC (68A.102(18) and 68A.402(6)).
2.
An entity that meets the financial filing threshold of $750
must organize and register as a PAC by filing a Statement of
Organization with the Ethics Board within 10 days of crossing
the threshold (68A.201 and rules 351-4.1 through 4.6).
Any subsequent changes in the information disclosed on a Statement
of Organization must be disclosed by filing an amended Statement
within 30 days of the date of the change (68A.201(3)).
3.
A PAC that uses an abbreviation or acronym as part of its committee
name shall provide a written explanation of the full word or
words that are abbreviated or form the acronym (rule 351-4.2).
The PAC name may not substantially duplicate the name of an
already registered committee (68A.201(2)"a" and rule 351-4.2).
4.
PACs must appoint both a chair and treasurer, each of who shall
be at least 18 years of age (68A.203(1) and IECDB Advisory Opinion
2000-36).
5.
A PAC must either have an Iowa resident as the treasurer or
maintain all of the PAC's funds in bank accounts in a financial
institution located in Iowa (68A.203(1)).
6.
PAC expenditures must be remitted to the designated recipient
within 15 days of the date of the issuance of the payment (68A.203(1)).
7.
Contributions to a PAC must be submitted to the PAC within 15
days of the date of the check (68A.203(2)). This includes
contributions from other PACs.
8.
The PAC treasurer must deposit all contributions within 7 days
of receipt (68A.203(2)).
9. All PAC funds must be segregated from any other funds
of the committee or any officers of the committee (68A.203(2)).
However, a permanent organization that temporarily engages in
activities that qualifies it as a PAC under 68A.6 that only
makes expenditures from its existing general operating funds
is not required to open a separate account (68A.203(2)).
10. PAC treasurers must keep a detailed and exact account
of the following (68A.203(3):
1. All contributions and
expenditures.
2. The name
and mailing address of every person making contributions to
the PAC in excess of $10 (including the date and amount of the
contribution).
3. The name and mailing
address of every person to whom expenditures are made (including
the purpose of the expenditure and the date and amount).
11. PAC treasurers must
preserve all campaign records for a period of 5 years.
However, a committee is not required to keep records for more
than 3 years from the certified date of the dissolution of the
committee (68A.203(4)).
12. Once a PAC has been
organized and registered, it must file campaign disclosure reports.
PACs involved with elections at the state level are required
to file campaign disclosure reports with the Ethics Board.
Commencing January 1, 2003, PACs that are involved with elections
at the local level will file their reports with the Ethics Board
(68A.401 as amended by 2002 Iowa Acts, HF 2538).
13. Even if a PAC has not
made expenditures or taken in contributions during a reporting
period, the PAC must at least file a DR-2 campaign disclosure
summary page on or before the required due date (rule 351-4.7).
14. State
and county PACs file their reports as follows (68A.402 and rule
351-4.9(9)):
Election
year
|
Report Due |
|
Period Covered |
|
May 19 |
|
January
1 through May 14 |
| July
19 |
|
May
15 through July 14 |
|
October 19 |
|
July 15 through October 14 |
|
January 19 |
|
October 15 through December 31 |
Non Election year
| January 19 |
|
January 1
through December 31 |
15.
PACs involved with municipal, school, and local ballot issues
file as follows (68A.402 and rule 351-4.9(7)):
ELECTION
YEAR
|
Report Due |
|
Period
Covered |
| 5
days prior to election |
|
Date
of initial activity/last report through 10 days before election |
| May 19 |
|
Date of initial financial activity or previous report through May 14 |
| July 19 |
|
Date of initial financial activity or previous report through July 14 |
| October 19 |
|
Date of initial financial activity or previous report through October 14 |
| January
19 (next calendar year) |
|
Previous report through December 31 |
NONELECTION
YEAR
| Report
Due |
|
Period
Covered |
| January
19 (next calendar year) |
|
January 1 through December 31 of non-election year |
16.
If the reporting due date falls on a weekend or holiday that
the Ethics Board is closed, the reporting due date is extended
to the next working day following (rule 351-4.10(2)).
17. It is crucial that
disclosure reports are filed on or before the due date as automatic
civil penalties are imposed for late-filed reports (351-Chapter
6). If a report is not filed after a delinquency notice
is sent by the Ethics Board, a contested case will be set and
more severe sanctions may be imposed. Under the law, PAC
chairs are responsible for filing reports and are subject to
liability for failing to do so (68B.32A(7)).
18. PACs must disclose all
PAC campaign activities (68A.402 and rules 351-4.14 through 4.19).
Effective July 1, 2005, PACs hiring a consultant will file Schedule
G. PACs specifically do not have to account for campaign property
(thus do not have to file Schedule H).
19. PACs must disclose
the name and address of all contributors who give in excess
of $25 in a calendar year (68A.402 and rule 351-4.14).
PACs that receive dues payments from payroll deductions must
be very careful in making sure that proper disclosures are made
and should contact the Ethics Board for assistance.
20. PACs must disclose
candidate ID numbers and the PAC check number on the disclosure
report when making contributions to statewide and general assembly
candidates (rule 351-4.15(5)). A list of candidate ID
numbers is available from the Ethics Board or on the Board's
Web site by clicking on the Candidate/PAC/Lobbyist/Address List.
21. State PACs must attach
a reconciled bank statement with the January disclosure report
or as soon as the statement is available (rule 351-4.21).
The bank statement must reflect all activities for the previous
calendar year and must include a reconciliation statement to
justify any outstanding checks or other discrepancies between
the bank statement and the PAC report.
22. A PAC that is no longer
accepting contributions or making expenditures may dissolve
by expending all PAC funds, transferring or paying all debts,
and filing a DR-3 Notice of Dissolution (68A.402(5) and rules
4.54 through 4.57). Until a Notice of Dissolution is filed,
the PAC must continue filing disclosure reports on or before
the appropriate due date.
23. PAC political mailings
and advertisements must contain the words "paid for by" along
with the name of the PAC (68A.405 and rules 351-4.38 through
4.43). If the mailing contains numerous pages, the attribution
only needs to appear on one page (rule 351-4.414). Both
the statute and the rules exempt small items or items where
printing the statement would be impracticable (pencils, political
business cards, clothing). Also, yard signs (16 square
feet or smaller) are not subject to the requirement (see rule
351-4.39 for additional information concerning yard signs versus
outdoor advertising).
24. Remember that PAC expenses are not the same as lobbying
expenses. PAC expenses are reported under Iowa Code
chapter 68A and lobbying expenses are reported under Iowa
Code chapter 68B. Unless lobbying expenses come out
of PAC funds, lobbying expenses are not disclosed by the PAC.
Also, a lobbyist does not need to report any campaign contributions
made by a PAC. Rather, the lobbyist reports contributions
made to candidates for state office by the lobbyist.
*
indicates recent changes
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