Revised 04/09
BACKGROUND
Iowa Code section 68A.404 and Board rule 351-4.27 require that expenditures in excess of $100 in the aggregate made to benefit a candidate or committee without prior approval or in coordination with that committee be reported to the Iowa Ethics and Campaign Disclosure Board. This does not include those expenditures made on behalf of a committee and reported as contributions.
ENDORSEMENTS OR PROCLAMATIONS
This law is not meant to limit or prohibit an individual from expressing an opinion regarding the passage or defeat of a candidate or ballot issue. Rather, this law is meant as a means for individuals to properly disclose those expenditures that benefit a candidate or ballot issue committee.
DEFINITIONS
Pursuant to Iowa Code 68A.404(1) “‘Independent expenditure’ means one or more expenditures in excess of one hundred dollars in the aggregate for a communication that expressly advocates the nomination, election, or defeat of a clearly identified candidate or the passage or defeat of a ballot issue that is made without the prior approval or coordination with a candidate, candidate's committee, or a ballot issue committee”.
Iowa Administrative Code 351-4.53(3) “‘Independent expenditure’ means an expenditure by a person for goods or services, including express advocacy communication, on behalf of a candidate or a ballot issue which is not made with the knowledge and approval of a candidate or a ballot issue committee”.
WHAT IS AN INDEPENDENT EXPENDITURE?
Any person that makes an expenditure for a communication (such as direct mailing,
brochure, or newspaper advertisement) that is done without the approval or coordination
of a candidate or committee and that expressly advocates:
1. The nomination, election, or defeat of a candidate.
2. The passage or defeat of a ballot issue.
WHO HAS TO FILE?
Any person who does not fit one of the exceptions is required to file the statement. Person includes individuals as well as organizations that are not registered as committees.
EXCEPTIONS
The statement does NOT need to be filed by:
1. Any candidate or committee that has registered with the Board.
2. Any person who makes one or more expenditures that, in total, do not meet
the $100 threshold.
3. A federal or out-of-state campaign committee.
WHEN MUST THE STATEMENT BE FILED?
The Independent Expenditure statement must be filed within 48 hours of making the expenditure. (“Making the expenditure” is defined as the date that the cost is incurred.) A statement by fax or e-mail must be received on or before the 48 hours. Statements mailed must be received with a United States Postal Service postmark on or before the 48 hour period.
WHERE TO FILE?
The statement must be filed with the Board.
HOW TO FILE?
Blank statements are available at the Board’s Web site and may be completed on-line, then printed, signed and dated, and faxed, scanned and e-mailed, hand-delivered, or mailed to the Board.
WHAT INFORMATION IS DISCLOSED ON THE STATEMENT?
1. The person making the expenditure, a description of the position advocated
(for or against) in regard to the candidate or ballot issue.
2. The date or dates of the expenditure(s).
3. The nature of the action taken resulting in the expenditure (such as newspaper
advertising, direct mailing or brochure).
4. The fair market value of expenditure(s).
5. The name and address of the committee or candidate benefiting from the expenditure.
FAILURE TO FILE
A person who fails to file the statement in a timely manner is subject to an automatic civil penalty. A person deemed to intentionally fail to file the statement may incur additional civil and criminal sanctions.
DISCLAIMER
This brochure is intended to provide you with general guidance concerning the applicable laws and rules. It is not a restatement of the law and does not constitute legal advice. Please refer to the applicable laws and rules or contact the Board for further guidance.
Iowa Ethics & Campaign Disclosure Board
510 E. 12th, Suite 1A
Des Moines, IA 503109
(515) 281-4028
(515) 281-4073 report fax line
(515) 281-3701 general fax
www.iowa.gov/ethics
