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House
File
2601
-
Enrolled
House
File
2601
AN
ACT
RELATING
TO
CAMPAIGN
FINANCE,
INCLUDING
PARTICIPATION
IN
BALLOT
ISSUE
CAMPAIGNS
BY
FOREIGN
NATIONALS
AND
INVESTIGATIONS
OF
ELECTION
MISCONDUCT,
AND
MAKING
PENALTIES
APPLICABLE.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
68A.102,
Code
2026,
is
amended
by
adding
the
following
new
subsections:
NEW
SUBSECTION
.
12A.
“Directly
or
indirectly”
means
acting
either
independently
or
jointly
with,
through,
or
on
behalf
of
a
committee
or
other
person.
NEW
SUBSECTION
.
14A.
“Foreign
national”
means
any
of
the
following:
a.
An
individual
who
is
not
a
citizen
or
lawful
permanent
resident
of
the
United
States.
b.
A
government
or
political
subdivision
of
a
foreign
country.
House
File
2601,
p.
2
c.
A
foreign
political
party.
d.
An
entity,
such
as
a
partnership,
association,
corporation,
organization,
or
other
combination
of
persons,
that
is
organized
under
the
laws
of,
or
has
its
principal
place
of
business
in,
a
foreign
country.
e.
A
United
States
entity,
such
as
a
partnership,
association,
corporation,
or
organization,
that
is
wholly
owned
or
majority-owned
by
a
foreign
national,
unless
both
of
the
following
apply:
(1)
All
contributions
and
expenditures
made
by
the
entity
are
derived
entirely
from
funds
generated
by
the
entity’s
operations
in
the
United
States.
(2)
All
decisions
concerning
contributions
and
expenditures
are
made
by
an
individual
who
is
a
citizen
or
lawful
permanent
resident
of
the
United
States,
except
that
a
person
who
is
not
a
citizen
or
lawful
permanent
resident
of
the
United
States
may
set
overall
budget
amounts
for
the
entity.
Sec.
2.
Section
68A.203,
subsection
3,
Code
2026,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
f.
All
affirmations
obtained
pursuant
to
subsection
5,
if
applicable.
Sec.
3.
Section
68A.203,
Code
2026,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
5.
Upon
receipt
of
a
contribution
from
a
donor
by
a
political
committee
expressly
advocating
the
passage
or
defeat
of
a
ballot
issue,
the
treasurer
shall
obtain
from
the
donor
an
affirmation
that
the
donor
is
not
a
foreign
national
and
has
not
knowingly
or
willfully
accepted
funds
in
excess
of
one
hundred
thousand
dollars
in
aggregate
from
one
or
more
foreign
nationals
within
the
four
years
immediately
preceding
the
date
the
contribution
is
made.
Sec.
4.
Section
68A.402,
subsection
8,
Code
2026,
is
amended
by
adding
the
following
new
paragraphs
after
unnumbered
paragraph
1:
NEW
PARAGRAPH
.
a.
A
report
filed
by
a
political
committee
pursuant
to
this
subsection
shall
include
an
affirmation
by
the
treasurer
of
the
political
committee
that
the
political
committee
has
not
knowingly
or
willfully
received,
solicited,
or
accepted
a
contribution
from
a
foreign
national.
House
File
2601,
p.
3
NEW
PARAGRAPH
.
b.
A
report
filed
by
a
political
committee
pursuant
to
this
subsection
shall
include
an
affirmation
by
the
treasurer
of
the
political
committee
that
no
donor
associated
with
a
contribution
covered
by
the
report
is
a
foreign
national
and
that
no
donor
associated
with
a
contribution
covered
by
the
report
has
knowingly
or
willfully
received,
solicited,
or
accepted,
whether
directly
or
indirectly,
funds
in
excess
of
one
hundred
thousand
dollars
in
aggregate
from
one
or
more
foreign
nationals
within
the
four
years
immediately
preceding
the
date
the
contribution
was
made
to
the
political
committee.
Sec.
5.
Section
68A.404,
subsection
2,
paragraph
c,
Code
2026,
is
amended
to
read
as
follows:
c.
A
foreign
national
shall
not
make
an
independent
expenditure,
directly
or
indirectly,
that
advocates
the
nomination,
election,
or
defeat
of
any
candidate
or
the
passage
or
defeat
of
any
ballot
issue.
As
used
in
this
section
,
“foreign
national”
means
a
person
who
is
not
a
citizen
of
the
United
States
and
who
is
not
lawfully
admitted
for
permanent
residence.
“Foreign
national”
includes
a
foreign
principal,
such
as
a
government
of
a
foreign
country
or
a
foreign
political
party,
partnership,
association,
corporation,
organization,
or
other
combination
of
persons
that
has
its
primary
place
of
business
in
or
is
organized
under
the
laws
of
a
foreign
country.
“Foreign
national”
does
not
include
a
person
who
is
a
citizen
of
the
United
States
or
who
is
a
national
of
the
United
States.
Sec.
6.
Section
68A.404,
subsection
5,
Code
2026,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
i.
For
an
independent
expenditure
statement
for
a
communication
which
expressly
advocates
the
passage
or
defeat
of
a
ballot
issue,
an
affirmation
that
the
person
making
the
independent
expenditure
has
not
knowingly
or
willfully
accepted
funds
in
excess
of
one
hundred
thousand
dollars
in
aggregate
from
one
or
more
foreign
nationals
within
the
four
years
immediately
preceding
the
date
the
expenditure
was
made
and
will
not
do
so
through
the
date
of
the
election
in
which
the
ballot
issue
will
appear
on
the
ballot.
Sec.
7.
NEW
SECTION
.
68A.507
Influence
by
foreign
national
prohibited
——
investigation.
House
File
2601,
p.
4
1.
A
foreign
national
shall
not
direct,
dictate,
control,
or
directly
or
indirectly
participate
in
the
decision-making
process
of
a
person
regarding
the
person’s
activities
to
influence
a
ballot
issue,
including
decisions
concerning
the
making
of
contributions
or
expenditures
to
influence
a
ballot
issue.
2.
A
foreign
national
shall
not
solicit,
directly
or
indirectly,
the
making
of
a
contribution
or
expenditure
by
another
person
to
influence
a
ballot
issue.
3.
a.
An
investigation
of
a
violation
of
this
section,
section
68A.203,
subsection
5,
section
68A.402,
subsection
8,
section
68A.404,
subsection
2,
paragraph
“c”
,
or
section
68A.404,
subsection
5,
paragraph
“i”
,
or
an
investigation
undertaken
pursuant
to
a
court
order
issued
following
a
complaint
submitted
under
section
68B.32B,
shall,
to
the
greatest
extent
possible,
shield
the
identity
of
lawful
donors
to
a
tax-exempt
organization.
b.
A
governmental
entity
or
employee
of
a
governmental
entity
engaged
in
the
investigation
of
a
violation
of
this
chapter
shall
not
collect,
or
require
the
submission
of,
information
concerning
the
identity
of
a
donor
to
a
tax-exempt
organization
other
than
those
directly
related
to
a
violation
of
this
chapter.
c.
In
addition
to
the
penalty
provided
in
section
68A.701,
a
person
who
knowingly
or
willfully
violates
this
section,
section
68A.203,
subsection
5,
section
68A.402,
subsection
8,
section
68A.404,
subsection
2,
paragraph
“c”
,
or
section
68A.404,
subsection
5,
paragraph
“i”
,
shall
be
subject
to
a
civil
penalty
of
ten
thousand
dollars
or
three
times
the
amount
of
the
contribution
or
expenditure,
whichever
is
greater,
to
be
collected
by
the
board
and
deposited
in
the
general
fund
of
the
state.
4.
A
governmental
entity
or
employee
of
a
governmental
entity
shall
not
disclose
information
concerning
the
identity
of
a
donor
to
a
tax-exempt
organization
to
the
public
or
another
governmental
entity,
other
than
to
another
governmental
entity
directly
involved
in
an
investigation
described
in
subsection
3.
This
subsection
does
not
apply
to
information
concerning
the
identity
of
a
donor
after
a
final
determination
House
File
2601,
p.
5
has
been
made
that
the
donor
violated
a
provision
of
this
chapter.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2601,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor