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1. 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.
2. Candidates for
state office may not establish, direct, or maintain a
PAC (68A.303(5)).
3. 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).
1. Ballot issue PACs are NOT subject to this prohibition
(68A.503(1)).
2. Use of corporate facilities is permitted when reimbursement
is provided (rules 351-4.44 through 4.52).
3. 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:
1. Full or partial
compensation of PAC staff (wages and benefits).
2.
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).
3.
Printing and office supplies related to routine office administration.
4.
Postage and stationery including mailing contributions to
candidates and for providing advocacy materials to PAC members
only.
5.
Expenses of maintaining committee records and preparing
campaign reports.
6.
PAC promotional materials (pens, coffee mugs) so long as
the materials do not promote candidates.
4. 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).
1.
Employees who cannot be solicited may voluntarily contribute
to the PAC.
2.
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.
3.
In IECDB Advisory Opinion 2000-20, the Board opined that
the prohibition on solicitations extended to non-supervisory
personnel, clerical staff and associates.
5.
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.15A).
1.
The prohibition does not apply if the officeholder is seeking
federal office and the contribution is made to the federal campaign.
2.
The prohibition does not apply to a special election held during
session so long as at least two candidates have been nominated.
3.
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."
6. PACs may not receive
anonymous contributions in excess of $10 (68A.501).
Such funds must escheat to the State of Iowa general
fund.
7. 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.
1.
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).
8. 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").
9. 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).
10. 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.505A).
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