Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.59 - Routine Civil Penalty Assessment for Late-filed Disclosure Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Administrative resolution.
In administrative resolution of
			 violations for late-filed disclosure reports, the board shall assess and
			 collect monetary penalties for all late-filed disclosure reports. The board
			 shall notify any person assessed a penalty of the amount of the assessment and
			 the person's ability to request a waiver under rule
			 351-4.60
			 (68B). A person using the board's electronic filing system shall not be
			 assessed a civil penalty if the board's electronic filing system is not
			 properly functioning and causes the person to be unable to timely file the
			 report.
(2)
County and
			 local committee assessments.
County, county statutory, city, school,
			 other political subdivision, and local ballot issue committees shall be
			 assessed civil penalties for late-filed reports in accordance with the
			 following schedule:
First-time Repeat delinquency by same
Date report received delinquency committee in 12-month
				period
1 to 14 consecutive days delinquent $20 $50
15 to 30 consecutive days delinquent $50 $100
31 to 45 consecutive days delinquent $100 $200
(3)
State committee
			 assessments.
Statewide, general assembly, state statutory, and state
			 political committees, and a judge standing for retention shall be assessed
			 civil penalties for late-filed reports, except for supplementary and special
			 election reports, in accordance with the following schedule:
First-time Repeat delinquency by same
Date report received delinquency committee in 12-month
				period
1 to 14 consecutive days delinquent $50 $100
15 to 30 consecutive days delinquent $100 $200
31 to 45 consecutive days delinquent $200 $300
(4)
Supplementary report
			 assessments.
General assembly candidates' committees required to file
			 supplementary disclosure reports shall be assessed a $200 civil penalty for
			 filing a supplementary report one or more days late. Statewide committees
			 required to file supplementary disclosure reports shall be assessed a $400
			 civil penalty for filing a supplementary report one or more days
			 late.
(5)
Special election
			 assessments.
The committees of general assembly candidates to fill
			 vacancies in special elections shall be assessed a $100 civil penalty for
			 filing a special election report one or more days late. The committees of
			 statewide candidates to fill vacancies in special elections shall be assessed a
			 $200 civil penalty for filing a special election report one or more days
			 late.
(6)
Verified
			 statement of registration assessments.
An out-of-state committee that
			 chooses to file a verified statement of registration (VSR) as provided in Iowa
			 Code Supplement section 68A.20I and rule
			 351-4.32
			 (68A), but fails to file the VSR on or before the fifteenth day after the date
			 of the contribution, shall be assessed a $25 civil penalty per late-filed VSR.
			 However, if there is a repeat delinquency by the committee in a 12-month
			 period, the penalty shall be $50.
For purposes of this subrule, "date of the contribution" means
				the day, month and year the contribution check is dated.
(7)
Independent expenditure
			 assessment.
An individual who is delinquent in timely filing Form
			 Ind-Exp-I shall be assessed a $25 civil penalty. If there is a repeat
			 delinquency by the individual in timely filing Form Ind-Exp-I within a 12-month
			 period, the penalty shall be $50. A person that is designated by the board as
			 an independent expenditure committee that fails to timely file Form Ind-Exp-0
			 shall be assessed a $50 civil penalty. If there is a repeat delinquency by the
			 person in timely filing Form Ind-Exp-0 within a 12-month period, the penalty
			 shall be $100.
(8)
Form
			 DR-OTC assessment. A
permanent organization that has not previously
			 made a contribution in excess of $750 and that fails to file Form DR-OTC within
			 ten days of notice to do so by the board shall be assessed a $20 civil penalty.
			 A permanent organization that has previously made a contribution in excess of
			 $750 and that fails to file Form DR-OTC within ten days of the date on which
			 the contribution check is issued shall be assessed a $20 civil
			 penalty.
(9)
Additional
			 sanctions.
The issuance of a civil penalty under this rule does not
			 prohibit the board from imposing sanctions pursuant to the process set out in
			 Iowa Code chapter 68B and rule
			 351-9.4
			 (68B) if the board determines that there was evidence of an intentional failure
			 to timely file the report.
This rule is intended to implement Iowa Code section
				68B.32A(8).