68A.404 - INDEPENDENT EXPENDITURES.
68A.404 INDEPENDENT EXPENDITURES.
1. As used in this section, "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.
2. A person, other than a committee registered under this
chapter, that makes one or more independent expenditures shall file
an independent expenditure statement.
a. The requirement to file an independent expenditure
statement under this section does not by itself mean that the person
filing the independent expenditure statement is required to register
and file reports under sections 68A.201 and 68A.402.
b. This section does not apply to a candidate, candidate's
committee, state statutory political committee, county statutory
political committee, or a political committee. This section does not
apply to a federal committee or an out-of-state committee that makes
an independent expenditure.
3. a. An independent expenditure statement shall be filed
within forty-eight hours of the making of an independent expenditure
in excess of one hundred dollars in the aggregate.
b. An independent expenditure statement shall be filed with
the board and the board shall immediately make the independent
expenditure statement available for public viewing.
c. For purposes of this section, an independent expenditure
is made at the time that the cost is incurred.
4. The independent expenditure statement shall contain all of the
following information:
a. Identification of the individuals or persons filing the
statement.
b. Description of the position advocated by the individuals
or persons with regard to the clearly identified candidate or ballot
issue.
c. Identification of the candidate or ballot issue benefited
by the independent expenditure.
d. The dates on which the expenditure or expenditures took
place or will take place.
e. Description of the nature of the action taken that
resulted in the expenditure or expenditures.
f. The fair market value of the expenditure or expenditures.
5. Any person making an independent expenditure shall comply with
the attribution requirements of section 68A.405.
6. a. The board shall develop, prescribe, furnish, and
distribute forms for the independent expenditure statements required
by this section.
b. The board shall adopt rules pursuant to chapter 17A for
the implementation of this section. Section History: Early Form
[C75, 77, 79, 81, § 56.13; 81 Acts, ch 35, § 11] Section History: Recent Form
86 Acts, ch 1023, § 10; 93 Acts, ch 163, § 33; 94 Acts, ch 1180,
§36; 95 Acts, ch 198, §12; 99 Acts, ch 136, §8, 17; 2002 Acts, ch
1073, §9, 11; 2003 Acts, ch 40, §4, 9
CS2003, §68A.404
2005 Acts, ch 72, §13--15; 2006 Acts, ch 1010, §41; 2008 Acts, ch
1191, §116, 117; 2009 Acts, ch 42, §5