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A
PAC may not be established to advocate for or against
only one candidate except for a judge standing for retention
(68A.202(2)). Thus PACs need to be careful when
choosing a name for the committee (Citizens for Jones
PAC is a bad idea) and must make sure to contribute to,
or do work for, more than one candidate.
Candidates for state office
may not establish, direct, or maintain a PAC (68A.303(5)).
PACs may not solicit or
receive from an insurance company, savings and loan association,
bank, credit union, or corporation any money, property,
or thing of value belonging to any such entity for purposes
of advocating for or against candidates (68A.503).
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Ballot issue PACs are NOT subject to this prohibition
(68A.503(1)).
- Use
of corporate facilities is permitted when reimbursement
is provided (rules 351-4.44 through 4.52).
The
parent entity of a PAC that would otherwise be prohibited
from providing anything of value to the PAC may pay for
the administrative costs of the PAC (rule 351-4.52) including:
- Full
or partial compensation of PAC staff (wages and benefits).
- Expenses
of transportation and travel for PAC staff (does not
include expenses of transportation or travel if provided
to a candidate or for expenses of meals or events held
on behalf of a candidate).
- Printing
and office supplies related to routine office administration.
- Postage
and stationery including mailing contributions to candidates
and for providing advocacy materials to PAC members
only.
- Expenses
of maintaining committee records and preparing campaign
reports.
- PAC promotional
materials (pens, coffee mugs) so long as the materials
do not promote candidates.
The
parent entity of a PAC that would otherwise be prohibited
from providing anything of value to the PAC may also pay
for the costs of soliciting the stockholders, administrative
officers, and members for contributions to the PAC (68A.503(3)
and rule 351-4.52).
- Employees
who cannot be solicited may voluntarily contribute to
the PAC.
- The
Ethics Board defined "member" in IECDB Advisory Opinion
2000-20 to include individuals who are authorized to
vote on corporate matters pursuant to by-laws or other
organizational documents.
- In
IECDB Advisory Opinion 2000-20, the Board opined that
the prohibition on solicitations extended to non-supervisory
personnel, clerical staff and associates.
PACs
may not contribute to, act as an agent or intermediary
for contributions to, or arrange for the making of monetary
or in-kind contributions to state officeholders (both
executive branch and legislators) or candidates for state
office (statewide and legislative) on any day during the
legislative session. The prohibition extends for
an additional 30 days after session for contributions
to the Governor or any gubernatorial candidate (68A.504).
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The prohibition does not apply if the officeholder is
seeking federal office and the contribution is made
to the federal campaign.
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The prohibition does not apply to a special election
held during session so long as at least two candidates
have been nominated.
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In IECDB Advisory Opinion 2001-01, the Ethics Board
opined that the prohibition applied only during the
"regular legislative session" and did not apply during
any "special session."
PACs may not receive anonymous contributions in excess
of $10 (68A.501). Such funds must escheat to
the State of Iowa general fund.
Contributions shall not
be made or received in the name of another person (68A.502).
Campaign reports must disclose the actual name of the
person who made the contribution.
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If a PAC receives a contribution that is "earmarked"
to then be given to a specific candidate or committee,
the PAC is required to disclose on its campaign report
the name of the contributor and the committee that the
contribution has been earmarked. When transferring
the money to the subsequent committee, the PAC must
inform the treasurer of the recipient committee the
name of the individual contributor. The committee
receiving the earmarked contribution must disclose both
the name of the original contributor and the PAC that
forwarded the contribution (rule 351-4.33).
Candidates are not permitted
to make contributions to PACs from campaign funds (68A.302
and 68A.303) except for the purchase of PAC fundraiser
ticket up to $25 and the candidate attends the event.
The candidate may also pay up to $25 for one guest to
attend the fundraiser if the attendance of the guest would
enhance the candidate's candidacy (rule 351-4.25(1)"h").
All PAC expenditures must
be by check. Cash withdrawals and petty cash are
not permitted. If PAC fundraising event requires
a cash drawer for making change or other cash transactions,
the PAC may issue a check payable to a PAC officer to
be cashed (rule 351-4.36).
PACs may not use any resources
or property of the government to advocate for or against
candidates or ballot issues unless the governmental entity
has a written policy that would allow any group (regardless
of whether or not for political purposes) to use the resources
or property of the governmental entity (68A.505).
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