Current through Register Vol. 47, No. 6, September 18, 2024
(1)
Persons subject to
requirement. Every committee shall file a statement of organization
(Form DR-1) within ten days from the date of its organization. The forms shall
be filed in electronic format.
a.
"Committee" defined. "Committee" includes the following:
(1) A "candidate's committee" that is the
committee, even if the committee consists only of the candidate, designated by
a candidate for a state or local office to receive contributions, make
expenditures, or incur debts in excess of $1,000.
(2) A "political committee" (PAC) that is a
committee exceeding the $1,000 organizational threshold to expressly advocate
the nomination, election, or defeat of candidates or to expressly advocate the
passage or defeat of a ballot issue. The board shall automatically classify as
a political committee any political organization that loses its status as a
political party because it fails to meet the requirements of Iowa Code section
43.2. The board shall
automatically classify as apolitical committee any county central committee
that operated under the former political party.
(3) A "state statutory political committee"
(state party), "county statutory political party" (county central committee),
or "city statutory political committee" (city central committee).
(4) A person that wishes to register a
committee for purposes of using the short form "paid for by" attribution
statement shall file Form DR-SFA pursuant to rule
351-4.11
(68A).
b.
When
organization occurs; financial thresholds. At the latest, organization
is construed to have occurred as of the date that the committee first exceeded
$1,000 of financial activity in a calendar year in any of the following
categories: contributions received (aggregate of monetary and in-kind
contributions); expenditures made; or indebtedness incurred.
c.
Permanent organizations
temporarily engaging in political activity. The requirement to file
the statement of organization applies to an entity that comes under the
definition of a "political committee" (PAC) in Iowa Code section 68A. 102(18)
by receiving contributions, making expenditures, or incurring debts in excess
of $1,000 in any one calendar year for the purpose of expressly advocating the
election or defeat of a candidate for public office, or for the purpose of
expressly advocating the passage or defeat of a ballot issue. A permanent
organization that makes a one-time contribution in excess of $1,000 may in lieu
of filing a statement of organization follow the procedure in rule
351-4.35 (68A). 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.
d.
Independent expenditure committee. A person that is required
to file campaign disclosure reports pursuant to 2009 Iowa Code Supplement
section
68A.404(3)
"a" as amended by 2010 Iowa Acts, Senate File 2354, section 3,
due to the filing of an independent expenditure statement (Form Ind-Exp-O)
shall be referred to as an "independent expenditure committee." An independent
expenditure committee, or a sole individual making an independent expenditure
by filing Form Ind-Exp-I, is not required to file a statement of
organization.
(2)
Place of filing. Statements of organization shall be filed
through the board's website at
ethics.iowa.gov.
(3)
Time of filing. A
statement of organization shall be filed with the board within ten days after
the financial filing threshold in subrule 4.1(1) has been exceeded. A committee
shall file the statement with the board on or before 4:30 p.m. on the due date.
If the tenth day falls on a Saturday, Sunday, or holiday on which the board
office is closed, the filing deadline is extended to the next working day when
the board office is open.
(4)
Candidate defined. For purposes of Iowa Code chapters 68A and
68B and the rules of the board, "candidate" means an individual who takes
affirmative action to seek nomination or election to a state or local public
office. For purposes of Iowa Code chapter 68A and any rules of the board on
campaigning for public office, "candidate" includes any judge or judicial
employee who is required by law to stand for retention. "Takes affirmative
action" includes making a public announcement of intention to seek nomination
or election, making any expenditure or accepting any contribution for
nomination or election, distributing petitions for signatures for nomination,
filing nomination papers or an affidavit of candidacy, or being nominated by
any convention process set out by law.
(5)
Ballot issue defined.
"Ballot issue" means a question that has been approved by a political
subdivision or the general assembly 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, election, or defeat of a candidate.
(6)
Electronic format or electronic
filing defined. "Electronic format" or "electronic filing" means the
board's electronic filing system for submitting a statement of organization via
the board's website at ethics.iowa.gov.
This rule is intended to implement Iowa Code sections
68A.201
and
68A.401.
