reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.34 - Copies of Reports Filed by 527 Committees

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code section
				68A.401A
				requires the board to adopt a procedure for 527 Committees that file reports
				with the Internal Revenue Service and engage in issue advocacy in Iowa to file
				copies of those reports with the board. If a 527 Committee notifies the board
				that it is filing reports with the Internal Revenue Service, the 527 Committee
				will be deemed in compliance with Iowa Code section
				68A.401A.
				The board will then establish on its Web site a link to the reports filed with
				the Internal Revenue Service, or the board will otherwise post on its Web site
				the reports filed with the Internal Revenue Service.
This rule is intended to implement Iowa Code section
				68A.401A.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.35 - Permanent Organizations Forming Temporary Political Committees; One-time Contributor Filing Form Dr-otc

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				68A.402(9),
				a permanent organization temporarily engaging in activity that exceeds the
				$1,000 financial filing threshold described in rule
				351-4.1 (68A,68B) is required to
				organize and register a political committee (PAC), file disclosure reports,
				and, upon completion of activity, file a notice of dissolution. A permanent
				organization that is temporarily a political committee shall comply with all of
				the campaign laws in Iowa Code chapter 68A and this chapter A permanent
				organization that makes loans to a candidate or committee or that is owed debts
				from a candidate or committee is not deemed to be engaging in political
				activity requiring registration.
(1)
Form DR-OTC.
A permanent organization that makes a one-time
			 contribution in excess of $1,000 to a committee may, in lieu of filing a
			 statement of organization, disclosure reports, and a notice of dissolution,
			 file Form DR-OTC. The following information shall be disclosed on Form DR-OTC:
a. The name and address of the organization
			 making the contribution.
b. The
			 name and address of a contact person for the organization making the
			 contribution.
c. The name and
			 address of the campaign committee receiving the contribution. If the
			 contribution is to a candidate or a candidate's committee, the source of the
			 original funds used to make the contribution shall be disclosed.
d. The date and amount of the contribution.
			 If the contribution is an in-kind contribution, a description of the provided
			 goods or services must be included.
e. The date of election and the county in
			 which the recipient committee is located if the committee is a county or local
			 committee.
f The date and signature
			 of the person filing Form DR-OTC. A Form DR-OTC that is filed electronically
			 using the board's Web site is deemed signed when filed.
A permanent organization that makes more than one contribution
				is not eligible to file Form DR-OTC and is required to file a statement of
				organization, file disclosure reports, and file a notice of
				dissolution.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.36 - Cash Transactions

Current through Register Vol. 47, No. 3, July 24, 2024
All disbursements, including all expenditures and any other
				withdrawals from committee funds, shall be by check, debit card, or credit
				card. Cash withdrawals and "petty cash" accounts are not permitted. If a
				committee fundraising activity necessitates a cash drawer for making change or
				other cash transactions, the committee may issue a check payable to the
				committee treasurer or the candidate, in the case of a candidate's committee,
				or payable to the committee treasurer or the committee chairperson, in the case
				of a political committee. The purpose of the expenditure shall be reported on
				Schedule B as "cash advance for (describe activity, e.g., concession stand cash
				drawer)." Upon completion of the fundraising activity, the committee shall
				redeposit the same amount as that which was advanced into the committee
				account. The redeposit shall be reported as a reverse entry on Schedule B as a
				"redeposit of cash advance for (describe activity)." The proceeds of the
				fundraising activity (excluding the cash advance) shall be reported on Schedule
				A - Contributions Received.
This rule is intended to implement Iowa Code sections
				68A.203
				and
				68A.402A.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.37 - Record Keeping

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Copies of reports.
A committee shall preserve a copy of every
			 report it files for at least three years following the filing of the
			 report.
(2)
Supporting
			 documentation.
The documentation which supports a committee's
			 disclosure report shall be preserved by the committee for at least five years
			 after the due date of the report that covers the activity documented in the
			 records; however, a committee is not required to preserve these records for
			 more than three years from the certified date of dissolution of the committee.
			 At a minimum, the supporting documentation shall consist of all of the
			 following:
a. A ledger or similar
			 record-keeping device which details all contributions received by the
			 committee. This record shall include the name and address of each person making
			 a contribution in excess of $25, with the date and amount of the contribution.
			 In lieu of or in addition to a ledger, the committee may record contributions
			 received through a receipt book or other method of individually documenting the
			 contributions, such as by making and keeping copies of the contribution
			 checks.
b. The check register for
			 the committee's account(s).
c. Bank
			 statements for the committee's account(s).
d. Copies of canceled or duplicate checks for
			 committee expenditures, if available.
e. Copies of bills or receipts for committee
			 expenditures.
f. For committees
			 which pay reimbursement for committee-related mileage, copies of vehicle
			 mileage logs, including travel dates, distance driven, and travel purpose
			 (description of event or activity). For a candidate's committee which leases a
			 vehicle, the mileage log shall detail all mileage driven on the vehicle,
			 including non-committee-related mileage.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.39 - Specific Items Exempted From or Subject to Attribution Statement Requirement; Multiple Pages

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code section
				68A.405
				and rule 351-4.38 (68A) require the
				placement of a "paid for by" attribution statement on published material that
				expressly advocates for or against a clearly identified candidate or ballot
				issue, with certain exceptions.
(1)
Items exempted from requirement.
The requirement to place a
			 "paid for by" attribution statement does not apply to the following:
a. Editorials or news articles of a media
			 organization that are not political advertisements.
b. Small items upon which the inclusion of
			 the attribution statement would be impracticable, such as campaign signs 32
			 square feet or smaller that have been placed or posted on real property, bumper
			 stickers, pins, buttons, pens, pencils, emery boards, matchbooks and, except as
			 set out in subrule 4.39(2), items that are smaller than 2 inches by 4 inches.
			 For purposes of this rule, 32 square feet is the total dimension of the
			 campaign sign regardless of whether or not both sides of the sign are used for
			 campaign advertising.
c. T-shirts,
			 caps, and other articles of clothing that expressly advocate for or against a
			 candidate or ballot issue.
d. Radio
			 advertisements, live telephone calls, or auto-generated telephone
			 messages.
e. Published material
			 placed by an individual who acts independently and spends $100 or less of the
			 individual's own resources to expressly advocate the passage or defeat of a
			 ballot issue.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.40 - Newspaper or Magazine

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of these rules and Iowa Code section
				68A.405,
				"newspaper or magazine" means a regularly scheduled publication of news,
				articles of opinion, and features available to the general public which does
				not require membership in or employment by a specific organization.
This rule is intended to implement Iowa Code section
				68A.405.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.41 - Apparent Violations; Remedial Action

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Administrative
			 resolution.
In an effort to informally resolve apparent violations of
			 the requirement to place a "paid for by" attribution statement, the board may
			 order administrative resolution of the matter The board may direct the person
			 responsible for placing the original published political material that did not
			 include the attribution statement to place a correction notice in a local
			 newspaper that reaches the same or substantially the same portion of the public
			 that received the original published political material. A person may also
			 resolve a violation of the "paid for by" attribution statement by resending
			 corrected published political material to the same portion of the public that
			 received the original published political material and by filing a copy of the
			 corrected material with the board.
(2)
Form of correction
			 notice.
The correction notice shall be in substantially the following
			 form: "On (date) (describe the type of published political material) was
			 distributed that did not state who paid for it. The (describe the type of
			 published political material) was paid for by (insert name)."
(3)
Board notice.
The board
			 shall notify the person who paid for the original published political material
			 of the requirements of this rule.
(4)
Refusal to place correction
			 notice.
The board may initiate a contested case proceeding and impose
			 discipline against any person who refuses to place a correction notice under
			 this rule.
This rule is intended to implement Iowa Code sections
				68A.405
				and
				68B.32A(8).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.44 - Prohibited Corporate Activity

Current through Register Vol. 47, No. 3, July 24, 2024
As provided in Iowa Code section
				68A.503,
				a financial institution, insurance company, or corporation is prohibited from
				using its resources to make monetary or in-kind campaign contributions to a
				candidate, candidate's committee, political committee that expressly advocates
				for or against a candidate, or a political party committee. For purposes of
				this chapter, "corporate entity" shall include financial institutions,
				insurance companies, and corporations.
(1) The prohibition on corporate political
			 activity does not apply to any of the following:
a. An LLC, LLP, or any other organization
			 that does not file articles of incorporation and is not owned in whole or in
			 part by a corporation.
b. Monetary
			 or in-kind campaign contributions to a ballot issue committee.
c. Independent expenditure
			 communications.
d. A campaign
			 committee using a corporate entity computer to generate and file a campaign
			 disclosure statement or report.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.45 - Corporate-sponsored Political Committee

Current through Register Vol. 47, No. 3, July 24, 2024
These rules do not prevent a corporate entity from soliciting
				eligible members to join or contribute to its own corporate-sponsored political
				committee (PAC), so long as the corporate entity adheres to the provisions of
				Iowa Code section
				68A.503.
This rule is intended to implement Iowa Code section
				68A.503.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.48 - Sham Newspapers Subject to Campaign Laws

Current through Register Vol. 47, No. 3, July 24, 2024
The owner, publisher, or editor of a sham newspaper who is
				using the sham newspaper to promote in any way the candidacy of any person for
				public office must comply with the requirements of Iowa Code chapter 6
				8A.
(1)
Factors.
In
			 determining whether or not a publication is entitled to the press exception or
			 is a sham newspaper that triggers the campaign laws, the board will consider
			 the following factors:
a. Whether the
			 publication is published and made available on a regular schedule or
			 interval;
b. The proximity to the
			 election in which the candidates and public affairs are discussed;
c. Whether the publication contains news
			 items and articles of opinion of a general character separate from discussions
			 concerning candidates and public affairs;
d. How widely the publication is circulated
			 or is otherwise made available to the public in comparison to a targeted
			 audience for potential campaign purposes;
e. Whether the publication discusses all
			 candidates for a particular election or otherwise gives all candidates equal
			 space; and
f. Whether the
			 publication expressly advocates for the candidacy of any
			 person.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.49 - Individual Property

Current through Register Vol. 47, No. 3, July 24, 2024
These rules do not apply to the personal or real property of
				corporate officers or of individuals employed or associated with a corporate
				entity and shall not abridge the free-speech rights and privileges of
				individuals.
This rule is intended to implement Iowa Code section
				68A.503.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.51 - Candidate Debate-media Organization; Debate Structure; Debate Funding; Contribution Reporting Inapplicable

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code section
				68A.503
				prohibits corporations from making contributions to state or local candidates
				in Iowa. This prohibition does not apply to incorporated media organizations
				that host candidate debates described in this rule.
(1)
Media organization
			 defined.
"Media organization" means a broadcaster, cable television
			 operator, television programmer, television producer, bona fide newspaper,
			 magazine, or any other periodical publication. The media organization shall not
			 be owned or controlled by a political party, political committee, or
			 candidate.
(2)
Debate
			 structure.
The structure of the debate shall be left to the discretion
			 of the media organization provided that at least two or more candidates for the
			 particular office are invited to participate. The debate shall not be
			 structured to promote or advance one candidate over another In choosing which
			 candidates to invite to a debate, the media organization shall use good faith
			 editorial judgment that is reasonable and viewpoint-neutral.
(3)
Funding debates.
A media
			 organization may use its own funds and may accept funds donated by corporations
			 to defray costs incurred in staging a candidate debate under this
			 rule.
(4)
Contribution
			 reporting inapplicable.
The costs of a debate under this rule are not
			 a reportable monetary or in-kind contribution under Iowa Code section
			 68A.402.
This rule is intended to implement Iowa Code sections
				68A.402
				and
				68A.503.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.54 - Committee Dissolution; Disposition of Property; Resolution of Loans or Debts

Current through Register Vol. 47, No. 3, July 24, 2024
A committee shall not dissolve until all loans and debts are
				paid, forgiven, or transferred, and the remaining funds in the committee's
				campaign account are distributed according to Iowa Code sections
				68A.302
				and
				68A.303
				and rule
				351-4.25
				(68A,68B). In the case of a candidate's committee, the disposition of all
				campaign property with a residual value of $100 or more must be accomplished
				before dissolution.
(1)
Manner
			 of disposition
-
candidates' committees. A
candidate's
			 committee shall dispose of campaign property with a residual value of $100 or
			 more through a sale of the property at fair market value, with proceeds treated
			 as any other campaign funds, or through donation of the property as set out in
			 Iowa Code section
			 68A.303(1).
			 The candidate's committee shall disclose on the committee's campaign report the
			 manner of disposition.
(2)
Resolution of loans and debts.
The loans and debts of a
			 committee may be transferred, assumed, or forgiven except that a loan or debt
			 owed to a financial institution, insurance company, or corporation may not be
			 forgiven unless the committee is a ballot issue committee. The committee shall
			 disclose on the committee's campaign report the transfer, assumption, or
			 forgiveness of a loan or debt on the appropriate reporting schedules.
(3)
Settlement of disputed loans and
			 debts. A
dispute concerning a loan or debt may be resolved for less
			 than the original amount if the committee discloses on the committee's campaign
			 report the resolution of the dispute. If the dispute is between a candidate's
			 committee and a financial institution, insurance company, or corporation, the
			 candidate's committee shall submit a written statement to the board describing
			 the loan or debt, the controversy, and the steps taken to settle or collect the
			 loan or debt. The board will review the statement and determine whether to
			 permit the candidate's committee to report the loan or debt as
			 discharged.
(4)
Unavailable
			 creditor.
If the committee cannot locate a person to whom it owes a
			 loan or debt, the committee shall provide the board with a written statement
			 describing the steps the committee has taken to locate the creditor and shall
			 request direction from the board as to what additional steps, if any, should be
			 taken. If a candidate's committee owes a loan or debt to a financial
			 institution, insurance company, or corporation, resolution of the matter shall
			 include payment to a charitable organization or the general fund of the state
			 of Iowa.
This rule is intended to implement Iowa Code section
				68A.402B.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.55 - Statement of Dissolution; Final Report; Final Bank Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Statement of dissolution.
Astatement of dissolution (Form
			 DR-3) shall be filed after the committee terminates its activity, disposes of
			 its funds and assets, and has discharged all of its loans and debts.
(2)
Place of filing.
Statements of dissolution shall be filed through the board's website at
ethics.iowa.gov.
(3)
Time of filing.
A
			 committee seeking dissolution shall file a statement of dissolution within 30
			 days of terminating activity, disposing of funds and assets, and discharging
			 all loans and debts. A statement must be submitted at or before 11:59 p.m. on
			 the required due date. If the due date falls on a Saturday, Sunday, or holiday
			 on which the board office is closed, the due date is extended to the next
			 working day.
(4)
Final
			 report.
The committee shall file a final report disclosing the
			 committee's closing transactions. Once the board staff reviews the report and
			 determines that the committee has complied with all of the requirements of Iowa
			 Code chapter 68A, the committee is no longer required to file campaign reports.
			 If the board staff determines that the committee has not complied with all of
			 the requirements of Iowa Code chapter 68A, the committee, prior to being
			 dissolved, shall resolve all issues.
(5)
Final hank statement.
A
			 copy of the committee's final bank statement showing the committee's closing
			 transactions and a zero balance shall be attached to or submitted with the
			 committee's final report. A committee participating in an election at the
			 county, city, school, or other political subdivision level, an independent
			 expenditure committee, or a sole individual making an independent expenditure
			 is not required to file a final bank statement unless requested to do so by the
			 board. A committee seeking a waiver from the requirements of this subrule may
			 do so in accordance with 351-Chapter 15.
This rule is intended to implement Iowa Code section
				68A.402B.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.58 - Late-filed Campaign Disclosure Reports

Current through Register Vol. 47, No. 3, July 24, 2024
A campaign disclosure report is deemed filed late if it is not
				received by the board on or before the date and time the report is mandated to
				be filed pursuant to statute or board rule.
This rule is intended to implement Iowa Code section
				68B.32A(8).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.60 - Requests for Waiver of Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
If a person believes that there are mitigating circumstances
				that prevented the timely filing of a report, the person may make a written
				request to the board for waiver of the penalty by filing a Petition for Waiver
				of Civil Penalty form. A person seeking a waiver must submit the request to the
				board within 30 days of receiving a civil penalty assessment order Waivers may
				be granted only under exceptional or very unusual circumstances. The board will
				review the request and issue a waiver or denial of the request. If a waiver is
				granted, the board will determine how much of the penalty is waived based on
				the circumstances. If a denial or partial waiver is issued, the person shall
				promptly pay the assessed penalty or seek a contested case proceeding pursuant
				torule351-4.61(68B).
This rule is intended to implement Iowa Code section
				68B.32A(8).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.61 - Contested Case Challenge

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request.
If the person accepts administrative resolution of a
			 matter through the payment of the assessed penalty, the matter shall be closed.
			 If the person chooses to contest the board's decision to deny the request or
			 grant a partial waiver of an assessed penalty, the person shall make a written
			 request for a contested case proceeding within 30 days of being notified of the
			 board's decision.
(2)
Procedure.
Upon timely receipt of a request for a contested
			 case proceeding, the board shall provide for the issuance of a statement of
			 charges and notice of hearing. The hearing shall be conducted in accordance
			 with the provisions of Iowa Code section
			 68B.32C
			 and the board's rules. The burden shall be on the board's legal counsel to
			 prove that a violation occurred.
(3)
Failure to request
			 hearing.
Failure to request a contested case proceeding to appeal the
			 board's decision on a waiver request is failure to exhaust administrative
			 remedies for purposes of seeking judicial review in accordance with Iowa Code
			 chapter 17A and Iowa Code section
			 68B.33.
This rule is intended to implement Iowa Code section
				68B.32A(8).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.62 - Payment of Penalty

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Where payment made.
Checks or money orders shall be made
			 payable and forwarded to: Iowa Ethics and Campaign Disclosure Board, 510 East
			 12th Street, Suite lA, Des Moines, Iowa 50319. Such funds shall be deposited in
			 the general fund of the state of Iowa.
(2)
Who may make payment.
Payment may be made at the person's discretion, including from funds of a
			 committee or from personal funds of an officer of a committee.
This rule is intended to implement Iowa Code section
				68B.32A(8).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 5 - Use of Public Resources for a Political Purpose › Rule 351-5.1 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code section
				68A.505
				prohibits the expenditure of public moneys for political purposes, including
				expressly advocating the passage or defeat of a ballot issue. For the purposes
				of this chapter, the board will construe the phrase "expenditure of public
				moneys for political purposes" broadly to include the use of public resources
				generally. This chapter outlines the permissible and impermissible uses of
				public resources for a political purpose pursuant to Iowa Code section
				68A.505
				and board interpretations of the statute.
This rule is intended to implement Iowa Code section
				68A.505.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 5 - Use of Public Resources for a Political Purpose › Rule 351-5.2 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter applies to the use of resources that belong to the
				executive branch of state government, a county, city, public school, or other
				political subdivision by state and local campaigns in Iowa. This chapter does
				not apply to property belonging to the federal government or to the use of the
				executive branch of state government, a county, city, public school, or other
				political subdivision by a federal campaign.
This rule is intended to implement Iowa Code section
				68A.505.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 5 - Use of Public Resources for a Political Purpose › Rule 351-5.3 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, the following definitions
				apply:
"Ballot issue "
means a question that has been
				approved to be placed before the voters or is otherwise required by law to be
				placed before the voters. "Ballot issue" does not include the nomination or
				election of a candidate.
"Campaign "
means the organized effort to
				expressly advocate the nomination, election, or defeat of a candidate for state
				or local office in Iowa. "Campaign" also means the organized effort to
				expressly advocate the passage or defeat of a ballot issue.
"Candidate "
means any individual who has
				taken affirmative action to seek nomination or election to a state or local
				office in Iowa.
"Expressly advocate "
means "express advocacy"
				as defined in Iowa Code section 68A. 102(14) and 351-subrule 4.53(1). "Express
				advocacy" includes a communication that uses any word, term, phrase, or symbol
				that exhorts an individual to vote for or against a clearly identified
				candidate or for the passage or defeat of a clearly identified ballot
				issue.
"Political purpose"
means to expressly
				advocate the nomination, election, or defeat of a candidate or to expressly
				advocate the passage or defeat of a ballot issue.
"Public resources"
means the moneys, time,
				property, facilities, equipment, and supplies of the executive branch of state
				government, a county, city, public school, or other political
				subdivision.
"Public school"
includes a school designated
				as a "charter school."
This rule is intended to implement Iowa Code sections
				68A.102
				and
				68A.505.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 5 - Use of Public Resources for a Political Purpose › Rule 351-5.4 - Use of Public Resources for a Political Purpose Prohibited

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General
			 prohibition.
Unless one of the exceptions in rule
			 351-5.5
			 (68A) applies, the public officials and public employees of the executive
			 branch of state government, a county, city, public school, or other political
			 subdivision shall not permit public resources to be used to expressly advocate
			 the nomination, election, or defeat of a candidate or to expressly advocate the
			 passage or defeat of a ballot issue.
(2)
Specific prohibitions.
For purposes of clarifying the general prohibition on the use of public
			 resources for a political purpose, the board has identified situations in which
			 the use of public resources for a political purpose is prohibited unless one of
			 the exceptions in rule
			 351-5.5
			 (68A) applies. The following specific conduct or actions are deemed to be the
			 prohibited use of public resources for a political purpose:
a. Using public resources to solicit or
			 accept campaign contributions.
b.
			 Using public resources to solicit votes, engage in campaign work, or poll
			 voters on their preferences for candidates or ballot issues. The prohibition on
			 polling voters by using public resources does not apply to authorized research
			 at a public university.
c. Using a
			 publicly owned motor vehicle to transport political materials, placing campaign
			 signs on a publicly owned motor vehicle, or traveling to campaign-related
			 events in a publicly owned motor vehicle.
d. Using public resources to produce and
			 distribute communications that expressly advocate for or against candidates or
			 that expressly advocate for or against ballot issues.
e. Placing campaign materials on public
			 property including the placement of campaign signs in the public right-of-way.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 5 - Use of Public Resources for a Political Purpose › Rule 351-5.5 - Exceptions From Prohibition on Use of Public Resources for a Political Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Expressing opinion by resolution.
Iowa Code section
			 68A.505
			 permits the state or a governing body of a county, city, public school, or
			 other political subdivision to express an opinion on a ballot issue through the
			 passage of a resolution or proclamation. It is also permissible for a member of
			 a governing body of the state, county, city, public school, or other political
			 subdivision to express the member's opinion on a ballot issue at a public
			 meeting of the governing body.
(2)
Public forum.
Any public resource that is open to a member of
			 the general public to use for other purposes may be used for political
			 purposes, including the distribution of political materials on windshields of
			 vehicles that are parked in public parking lots.
(3)
Candidate debate.
The
			 executive branch of state government, a county, city, public school, or other
			 political subdivision may permit the holding of a candidate debate or forum and
			 the accompanying distribution of campaign materials on governmental property so
			 long as at least two candidates seeking the same office are invited to attend
			 the debate or forum.
(4)
Reimbursement to governmental body. A
person may reimburse a
			 governmental body for the use of a public resource for a political purpose so
			 long as it can be demonstrated to the board that the use of the resource was
			 also for a public purpose or furthered a public interest. The reimbursement
			 shall be for the actual costs of the public resource or be for the same amount
			 charged to a person using the public resource for any other purpose.
(5)
Communications that do not
			 expressly advocate.
Public resources may be used to produce and
			 distribute communications that do not expressly advocate for or against a
			 candidate or that do not expressly advocate for or against a ballot
			 issue.
(6)
Use of job
			 title.
As there is no expenditure of taxpayer funds, job titles may be
			 used for political purposes.
(7)
Residence.
It is not deemed a violation of Iowa Code section
			 68A.505
			 for a public official or public employee to use for political purposes the
			 portion of public property that is designated as the personal residence of the
			 public official or public employee.
(8)
Clothing or
			 paraphernalia.
While performing official duties, a public official or
			 public employee may wear clothes or wear political paraphernalia that expressly
			 advocate for or against candidates or that expressly advocate for or against
			 ballot issues. However, the administrative head of a state agency or of a
			 department of a political subdivision may enact an internal policy that would
			 prohibit the wearing of campaign materials on the public property of that
			 agency or subdivision.
This rule is intended to implement Iowa Code section
				68A.505.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 5 - Use of Public Resources for a Political Purpose › Rule 351-5.6 - Board Advice

Current through Register Vol. 47, No. 3, July 24, 2024
Public officials, public employees, or other persons interested
				in using public funds for a political purpose may first seek advice or guidance
				from the board concerning the legality of the action or conduct.
(1)
Advisory opinion.
A
			 board advisory opinion applies a statute or rule to a particular factual
			 situation. The procedure for requesting aboard opinion is set out in rules
			 351-1.2
			 (68B) and 1.3(68B). As provided in Iowa Code section
			 68B.32A(12),
			 a board opinion, if followed, constitutes a defense to a subsequent complaint
			 concerning the same facts and circumstances.
(2)
Declaratory order
Persons may also seek board guidance concerning the application of a statute or
			 rule to a specific factual situation through the petition for declaratory order
			 procedure set out in 351-Chapter 12.
(3)
Board review of a
			 communication.
Any person interested in producing and distributing a
			 communication using public resources may submit the communication prior to its
			 distribution for a board determination of whether or not the communication
			 contains express advocacy.
This rule is intended to implement Iowa Code section
				68B.32A(12).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 5 - Use of Public Resources for a Political Purpose › Rule 351-5.7 - Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a complaint or provide information to the
				board alleging a violation of Iowa Code section
				68A.505
				or the rules of this chapter by a public official or a public employee of the
				executive branch of state government or a political subdivision of state
				government. The procedure for filing a complaint or providing information to
				the board is set out in Iowa Code section
				68B.32B and
				351-Chapter 9.
This rule is intended to implement Iowa Code section
				68B.32B.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 5 - Use of Public Resources for a Political Purpose › Rule 351-5.8 - Holders of Certain Government Positions Prohibited From Engaging in Political Activities

Current through Register Vol. 47, No. 3, July 24, 2024
Several statutes outside of the board's jurisdiction prohibit
				the holders of certain government positions from being engaged in political
				activities. The board does not enforce these statutory prohibitions. However,
				to assist the regulated community and the public, the board will maintain on
				its website at
ethics.iowa.gov
a list of positions
				whose holders are prohibited from engaging in political activities.
This rule is intended to implement Iowa Code section
				68A.505.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 6 - Executive Branch Ethics › Rule 351-6.1 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				68B.32(1),
				the Iowa ethics and campaign disclosure board is to set standards for,
				investigate complaints relating to, and monitor the ethics of officials,
				employees, and candidates for office in the executive branch of state
				government. Pursuant to Iowa Code section
				68B.32A(13),
				the board is required to establish rules relating to ethical conduct for the
				executive branch of state government. This chapter sets the standards and
				establishes the rules for the ethical conduct of persons in the executive
				branch of state government.
This rule is intended to implement Iowa Code sections
				68B.32(1)
				 and
				68B.32A(13).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 6 - Executive Branch Ethics › Rule 351-6.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, the following definitions
				apply:
"Agency of state government"
or
"state
				agency"
means any authority, board, bureau, commission, community
				college, department, division, office of a statewide elected official, or
				regents university.
"Board"
means the Iowa ethics and campaign
				disclosure board.
"Candidate for statewide office"
means a
				candidate for governor, lieutenant governor, secretary of state, auditor of
				state, treasurer of state, secretary of agriculture, or attorney
				general.
"Employee"
means an individual who is a paid
				employee of any agency of state government. "Employee" includes an individual
				employed in an interim or acting capacity. "Employee" does not include an
				official or an independent contractor
"Executive branch of state government"
means
				an agency of state government.
"Official"
means a statewide elected official,
				an executive or administrative head or heads of a state agency, a deputy
				executive or administrative head or heads of a state agency, a member of a
				board or commission as defined imder Iowa Code section
				7E.4,
				or a head of a major subunit of a state agency whose position involves a
				substantial exercise of administrative discretion or the expenditure of public
				funds. "Official" includes an individual serving in an interim or acting
				capacity.
"State duties "
means the official duties,
				responsibilities, or activities of an official or employee that are mandated by
				law, rule, or court order, or that otherwise lawfully aid an agency of state
				government in carrying out the statutory functions of the agency.
This rule is intended to implement Iowa Code section
				68B.2.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 6 - Executive Branch Ethics › Rule 351-6.3 - Complaints or Filing Information Alleging a Violation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
who may file.
Any person
			 may file a complaint or provide information to the board alleging a violation
			 of Iowa Code chapter 68B or this chapter by officials, employees, and
			 candidates for statewide office.
(2)
Procedure.
The procedure
			 for filing a complaint or providing information to the board alleging a
			 violation of Iowa Code chapter 68B or this chapter is set out in Iowa Code
			 section
			 68B.32B and
			 351-Chapter 9.
(3)
Whistleblower protection. A
person who discharges or
			 discriminates against an official or employee because the official or employee
			 filed a complaint or provided information to the board shall be subject to the
			 board's complaint process if the official or employee filed the complaint or
			 provided the information in good faith. If it is determined after a contested
			 case proceeding that a person has impermissibly discharged or discriminated
			 against an official or employee, the board may impose sanctions as set out in
			 Iowa Code section
			 68B.32D.
For purposes of this subrule, "good faith" means that any
				statements or materials in a complaint or included as part of information
				provided to the board were made or provided with a reasonable belief that such
				statements or materials were true and accurate.
This rule is intended to implement Iowa Code sections
				68B.32A(14) and
				68B.32B.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 6 - Executive Branch Ethics › Rule 351-6.4 - Board Advice

Current through Register Vol. 47, No. 3, July 24, 2024
Persons subject to the authority of the board under Iowa Code
				chapter 68B or this chapter may seek advice or guidance from the board
				concerning the legality of any action or conduct potentially affected by Iowa
				Code chapter 68B or this chapter
(1)
Advisory opinion.
A board advisory opinion applies a statute
			 or rule under the board's jurisdiction to a particular factual situation. The
			 procedure for requesting a board opinion is set out in rules
			 351-1.2
			 (68B) and
			 351-1.3
			 (68B). Pursuant to Iowa Code section
			 68B.32A(12),
			 a board opinion, if followed, constitutes a defense to a subsequent complaint
			 or information provided to the board concerning the same facts and
			 circumstances.
(2)
Declaratory order
Persons may also seek board guidance
			 concerning the application of a statute or rule under the board's jurisdiction
			 to a specific factual situation through the petition for declaratory order
			 procedure set out in 351-Chapter 12.
(3)
Routine administrative advice.
A person may also receive oral or written routine administrative
			 advice from board staff concerning the application of Iowa Code chapter 68B or
			 this chapter Routine administrative advice is not binding on the board, but may
			 be offered as a defense to a subsequent complaint or information provided to
			 the board concerning the same facts and circumstances.
This rule is intended to implement Iowa Code section
				68B.32A(12).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 6 - Executive Branch Ethics › Rule 351-6.6 - Dual Executive Branch Compensation Prohibited

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code section
				68B.2B,
				an executive branch official or employee shall not receive compensation
				simultaneously from more than one executive branch agency imless the official
				or employee provides notice to the board within 20 business days of accepting
				employment with another executive branch agency.
(1)
Definitions.
For
			 purposes of Iowa Code section
			 68B.2B
			 and this rule, the following definitions apply:
"Executive branch agency"
means "agency of
				state government" or "state agency" as defined in Iowa Code section
				68B.2(2).
				However, the "legislative branch" is not considered an "agency of state
				government" or "state agency" for purposes of Iowa Code section
				68B.2B
				or this rule.
"Employment with a second executive branch agency
				"
includes services provided as an independent contractor with another
				executive branch agency.
(2)
Exceptions.
The prohibitions in Iowa Code section
			 68B.2B
			 and this rule do not apply to the following:
a. Employment with any governmental entity
			 other than simultaneous employment with two or more executive branch
			 agencies.
b. Service in the Iowa
			 national guard.
c. An official or
			 employee who is interchanged from one executive branch agency to another
			 executive branch agency pursuant to Iowa Code chapter 28D imless the official
			 or employee is simultaneously receiving compensation from both the "receiving
			 agency" and the "sending agency."
d. Serving on the board, commission, or
			 authority of two or more executive branch agencies.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 6 - Executive Branch Ethics › Rule 351-6.8 - Misuse of Public Property

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code section
				68B.32A(13)
				 directs the board to establish rules
				relating to the misuse of public property by officials, employees, and
				candidates for statewide office.
(1)
Definition of public property.
"Public property" means any
			 real or personal property owned or controlled by the state of Iowa including
			 but not limited to buildings, facilities, equipment, supplies, funds, records,
			 files, and materials.
(2)
Prohibited uses.
The following are deemed to be the misuse of
			 public property by an official, employee, or candidate for statewide office:
a. Using public property to engage in an
			 outside employment or activity that leads to an unacceptable conflict of
			 interest as prohibited in Iowa Code section
			 68B.2A(1)
"a. "
b. Using public property to knowingly and
			 purposefully send, receive, or view obscene material. "Obscene material" means
			 any material depicting or describing the genitals, sex acts, masturbation,
			 excretory functions, or sadomasochistic abuse which the average person, taking
			 the material as a whole and applying contemporary community standards with
			 respect to what is suitable material, would find appeals to the prurient
			 interest and is patently offensive; and the material, taken as a whole, lacks
			 serious literary, scientific, political, or artistic value.
This paragraph shall not apply to obscene materials that are
				sent or received as part of a law enforcement investigation or are authorized
				by law to be sent or received.
c. Using public property for personal
			 financial gain. This prohibition does not apply to the receipt of lawful
			 compensation for the performance of official state duties.
d. Using public property for a personal
			 benefit to the detriment of the state.
e. Removing public property from a state
			 building or facility for personal use.
f. Using public property to engage in
			 political activities as prohibited in 351-Chapter 5.
This rule is intended to implement Iowa Code section
				68B.32A(13).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 6 - Executive Branch Ethics › Rule 351-6.9 - Use of Confidential Information

Current through Register Vol. 47, No. 3, July 24, 2024
No official or employee shall disclose or use confidential
				information, including the contents of a sealed bid acquired during the course
				of the official's or employee's state duties, for the personal gain or benefit
				of any person. This rule does not apply to the release of information that is
				mandated by law, rule, or court order.
This rule is intended to implement Iowa Code section
				68B.32A(13).