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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.
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.
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.
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. The PAC name may
not substantially duplicate the name of an already registered
committee.
4.
PACs must appoint both a chair and treasurer, each of who shall
be at least 18 years of age.
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.
6.
PAC expenditures must be remitted to the designated recipient
within 15 days of the date of the issuance of the payment.
7.
Contributions to a PAC must be submitted to the PAC within 15
days of the date of the check. This includes contributions
from other PACs.
8.
The PAC treasurer must deposit all contributions within 7 days
of receipt.
9. All PAC funds must be segregated from any other funds
of the committee or any officers of the committee. 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. No funds or property of a PAC may be used
for the personal benefit of any officer or member of the PAC.
10. PAC treasurers must keep a detailed and exact account
of the following:
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 file their reports with the Board.
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.
14. State
PACs file their reports as follows:
Election
year (Even numbered years)
|
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 (Odd numbered
years)
| July
19 |
|
January 1 through
June 30 |
| January 19 |
|
July 1 through December
31 |
15.
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.
16. It is crucial that disclosure
reports are filed on or before the due date as automatic civil
penalties are imposed for late-filed reports. 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.
17. PACs must disclose all
PAC campaign activities. Effective July 1, 2005, PACs hiring
a consultant must file Schedule G. PACs do not have to account
for campaign property (thus do not file Schedule H).
18. PACs must disclose the
name and address of all contributors who give in excess of $25
in a calendar year. 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.
19. PACs must disclose candidate
ID numbers and the PAC check number on the disclosure report when
making contributions to statewide and general assembly candidates.
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.
20. State PACs must attach
a reconciled bank statement with the January disclosure report
or as soon as the statement is available. 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.
21. 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. Until a Notice of Dissolution
is filed, the PAC must continue filing disclosure reports on or
before the appropriate due date.
22. PAC political mailings
and advertisements must contain the words "paid for by" along
with the name of the PAC. If the mailing contains numerous
pages, the attribution only needs to appear on one page.
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).
23. 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.
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