Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 4 - Campaign Disclosure Procedures › Rule 351-4.53 - Express Advocacy; In-kind Contributions; Independent Expenditures- Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of Iowa Code chapter 68A, the following
				definitions apply.
(1)
Express
			 advocacy.
"Express advocacy" means any communication as defined in
			 Iowa Code section 68A. 102(14). "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.
(2)
In-kind contribution.
"In-kind contribution" means the provision of any good or service to a
			 committee without charge or at a charge that is less than the usual and normal
			 charge for such good or service. If a good or service is provided at less than
			 the usual and normal charge, the amount of the in-kind contribution is the
			 difference between the usual and normal charge for the good or service at the
			 time of the contribution and the amount charged the committee. An in-kind
			 contribution also includes any expenditure that meets the definition of a
			 coordinated expenditure in subrule 4.53(4).
(3)
Independent expenditure.
"Independent expenditure" means "independent expenditure" as defined in Iowa
			 Code section
			 68A.404(1).
(4)
Coordinated expenditure.
a. "Coordinated expenditure" means an
			 expenditure made with the knowledge and approval of a candidate, candidate's
			 committee, political party committee, or political committee. "Coordinated
			 expenditure" also means that there has been arrangement, coordination, or
			 direction by the candidate, candidate's committee, political party committee,
			 or political committee, or an agent or officer of the candidate's committee or
			 a ballot issue committee prior to the procurement or purchase of the good or
			 service, or the publication, distribution, display, or broadcast of an express
			 advocacy communication.
b. An
			 expenditure will be presumed to be coordinated when it is:
(1) Based on information provided to the
			 expending person by the candidate, the candidate's committee, or the ballot
			 issue committee with a view toward having an expenditure made; or
(2) Made by or through any person who is or
			 has been authorized to raise or expend funds; who is or has been an officer of
			 the candidate's committee or the ballot issue committee; or who is or has been
			 receiving any form of compensation or reimbursement from the candidate, the
			 candidate's committee, or the ballot issue committee.
c. Pursuant to Iowa Code section
			 68A.404(7),
			 a person making an independent expenditure shall not engage or retain an
			 advertising firm or consultant that has also been engaged or retained within
			 the prior six months by the candidate, candidate's committee, or ballot issue
			 PAC that is benefited by the independent expenditure. "Engage or retain" shall
			 not include the purchase of goods or products from an advertising firm or
			 consultant when the advertising firm or consultant does not provide guidance,
			 assistance, or advice to the person making the purchase concerning the good or
			 product.
This rule is intended to implement Iowa Code section
				68A.404.