Read the full stored bill text
House
File
2377
-
Introduced
HOUSE
FILE
2377
BY
THOMSON
A
BILL
FOR
An
Act
establishing
the
criminal
offense
of
engaging
in
a
1
fraudulent
polling
scheme,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2377
Section
1.
LEGISLATIVE
FINDINGS
——
INTENT.
The
general
1
assembly
finds
and
declares
all
of
the
following:
2
1.
The
state
has
a
compelling
interest
in
protecting
donors,
3
consumers,
and
the
public
from
fraudulent
fundraising
and
4
solicitation
schemes.
5
2.
Knowingly
false
representations
concerning
objective
6
facts,
such
as
the
existence
of
data,
the
use
of
scientific
7
methodology,
or
the
independence
of
a
purportedly
neutral
8
actor,
are
materially
different
than
opinions
or
political
9
advocacy.
10
3.
Fraudulent
schemes
that
use
fabricated
polling
data
or
11
conceal
campaign
coordination
undermine
transparency
and
evade
12
campaign-finance
disclosure
requirements.
13
4.
This
Act
regulates
conduct
and
conspiracies,
and
any
14
regulation
of
speech
is
incidental
to
preventing
fraud
and
15
deception.
16
5.
This
Act
is
not
intended
to
regulate
the
accuracy
of
17
political
viewpoints,
predictions,
or
opinions,
nor
to
penalize
18
good-faith
methodological
disagreements.
19
Sec.
2.
NEW
SECTION
.
714.30
Engaging
in
a
fraudulent
20
polling
scheme.
21
1.
A
person
commits
the
offense
of
engaging
in
a
fraudulent
22
polling
scheme
when
the
person
knowingly,
intentionally,
and
23
with
the
specific
intent
to
obtain
money
or
induce
material
24
action,
either
directly
or
through
a
conspiracy
with
one
or
25
more
persons,
does
all
of
the
following:
26
a.
Makes
or
causes
to
be
made
a
materially
false
27
representation
of
an
objective
fact
concerning:
28
(1)
The
existence
of
polling
data
or
survey
results.
29
(2)
The
collection
of
responses
from
any
population.
30
(3)
The
use
of
a
neutral,
scientific,
or
methodological
31
polling
process.
32
(4)
The
source,
sponsorship,
or
authorship
of
purported
33
polling
data.
34
(5)
The
independence
or
nonalignment
of
any
person
or
entity
35
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presented
as
neutral
or
independent.
1
b.
Disseminates
or
causes
the
dissemination
of
such
2
representations
in
connection
with
a
political
campaign.
3
c.
Uses
or
relies
upon
such
representations
to
do
any
of
the
4
following:
5
(1)
Solicit
or
obtain
campaign
contributions
or
donations.
6
(2)
Raise
funds
for
a
candidate,
committee,
or
political
7
cause.
8
(3)
Induce
any
person
to
purchase
goods
or
services,
attend
9
an
event,
visit
a
business,
or
take
other
action
of
material
10
or
economic
consequence.
11
(4)
Influence
campaign-related
expenditures.
12
d.
Knows
that
the
representation
is
false
at
the
time
the
13
representation
is
made.
14
2.
A
violation
of
this
section
includes
any
scheme
in
which
15
all
of
the
following
occur:
16
a.
A
candidate,
campaign
committee,
or
agent
coordinates
17
with
another
person
or
entity.
18
b.
The
coordinated
person
or
entity
is
publicly
represented,
19
explicitly
or
implicitly,
as
independent,
neutral,
or
20
nonaligned.
21
c.
Such
false
representation
of
independence
is
material
to
22
fundraising,
solicitation,
or
inducement
of
action.
23
3.
A
conspiracy
to
violate
this
section
constitutes
24
a
violation.
Each
conspirator
is
criminally
liable
for
25
foreseeable
acts
in
furtherance
of
the
scheme,
and
is
jointly
26
and
severally
liable
in
any
civil
action.
27
4.
A
person
who
violates
this
section
commits
the
following:
28
a.
For
a
first
offense,
a
serious
misdemeanor.
29
b.
For
a
second
offense,
an
aggravated
misdemeanor.
30
c.
For
a
third
or
subsequent
offense,
a
class
“D”
felony.
31
5.
Funds
obtained
through
the
fraudulent
scheme
in
32
violation
of
this
section
are
subject
to
forfeiture.
33
6.
A
private
cause
of
action
exists
for
any
person
who
34
contributed
money,
purchased
goods
or
services,
attended
an
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2377
event,
or
otherwise
took
material
action.
Available
remedies
1
include
actual
damages,
statutory
damages
per
violation,
treble
2
damages
upon
proof
of
knowing
misconduct,
reasonable
attorney
3
fees
and
costs,
and
injunctive
or
declaratory
relief.
4
7.
This
section
does
not
apply
to
any
of
the
following:
5
a.
Opinions,
predictions,
advocacy,
or
commentary.
6
b.
Disclosed
internal
campaign
surveys.
7
c.
Informal
or
nonscientific
surveys
clearly
labeled
as
8
such.
9
d.
Good-faith
methodological
disagreements.
10
8.
A
clear
and
conspicuous
disclosure
that
polling
data
11
is
informal,
advocacy-based,
hypothetical,
or
aligned
with
a
12
campaign
constitutes
a
complete
defense.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
establishes
the
criminal
offense
of
engaging
in
a
17
fraudulent
polling
scheme.
18
The
bill
provides
that
a
person
commits
the
offense
of
19
engaging
in
a
fraudulent
polling
scheme
when
the
person
20
knowingly,
intentionally,
and
with
the
specific
intent
to
21
obtain
money
or
induce
material
action,
either
directly
22
or
through
a
conspiracy
with
one
or
more
persons,
does
all
23
of
the
following:
makes
or
causes
to
be
made
a
materially
24
false
representation
of
an
objective
fact
concerning
certain
25
topics;
disseminates
or
causes
the
dissemination
of
such
26
representations
in
connection
with
a
political
campaign;
27
uses
or
relies
upon
such
representations;
and
knows
that
the
28
representation
is
false
at
the
time
the
representation
is
made.
29
The
bill
provides
that
a
violation
of
the
bill
includes
30
any
scheme
in
which
all
of
the
following
occur:
a
candidate,
31
campaign
committee,
or
agent
coordinates
with
another
person
32
or
entity;
the
coordinated
person
or
entity
is
publicly
33
represented,
explicitly
or
implicitly,
as
independent,
neutral,
34
or
nonaligned;
and
such
false
representation
of
independence
is
35
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2377
material
to
fundraising,
solicitation,
or
inducement
of
action.
1
A
conspiracy
to
violate
the
bill
constitutes
a
violation.
2
Each
conspirator
is
criminally
liable
for
foreseeable
acts
in
3
furtherance
of
the
scheme,
and
is
jointly
and
severally
liable
4
in
any
civil
action.
5
The
bill
provides
that
a
person
who
violates
the
bill
commits
6
the
following:
for
a
first
offense,
a
serious
misdemeanor;
for
7
a
second
offense,
an
aggravated
misdemeanor;
or
for
a
third
8
or
subsequent
offense,
a
class
“D”
felony.
Funds
obtained
9
through
the
fraudulent
scheme
in
violation
of
the
bill
are
10
subject
to
forfeiture.
A
serious
misdemeanor
is
punishable
by
11
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
12
$430
but
not
more
than
$2,560.
An
aggravated
misdemeanor
is
13
punishable
by
confinement
for
no
more
than
two
years
and
a
fine
14
of
at
least
$855
but
not
more
than
$8,540.
A
class
“D”
felony
15
is
punishable
by
confinement
for
no
more
than
five
years
and
a
16
fine
of
at
least
$1,025
but
not
more
than
$10,245.
17
The
bill
provides
for
a
private
cause
of
action
for
any
18
person
who
contributed
money,
purchased
goods
or
services,
19
attended
an
event,
or
otherwise
took
material
action.
20
Available
remedies
include
actual
damages,
statutory
damages
21
per
violation,
treble
damages
upon
proof
of
knowing
misconduct,
22
reasonable
attorney
fees
and
costs,
and
injunctive
or
23
declaratory
relief.
24
The
bill
does
not
apply
to:
opinions,
predictions,
25
advocacy,
or
commentary;
disclosed
internal
campaign
surveys;
26
informal
or
nonscientific
surveys
clearly
labeled
as
such;
27
or
good-faith
methodological
disagreements.
A
clear
and
28
conspicuous
disclosure
that
polling
data
is
informal,
29
advocacy-based,
hypothetical,
or
aligned
with
a
campaign
30
constitutes
a
complete
defense.
31
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