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

(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).