CR 19-035 Rule Text

Identifications and disclaimers must be in a place an in a print clearly visible to and readable by an observer. No specific font size is required, but the identification and/or disclaimer should be separate from any text and Michigan’s elections website specifically provides the example that a billboard identifier should be visible from the road. Michigan also lists a host of items that are exempted from the identification requirement due to size or difficulty of placement (e.g., aerial banners, pens, etc.)

Iowa (Iowa Code § 68A.405, Iowa Admin. Code r. 351-4.38 et seq.)

Iowa law requires a “paid for by” attribution statement on printed or displayed material that expressly advocates for or against a clearly identified candidate or ballot issue. The attribution shall identify the person paying for the material by name and address. If the material is an independent expenditure the attribution shall include that the material was not authorized by any candidate, candidate’s committee, or ballot issue committee.

Iowa’s attribution requirement does not apply to:



Editorials, news articles, or other print or electronic media that are not paid political advertisements.



Small items upon which the inclusion of the statement is impracticable (e.g., pens, buttons, etc.)



T-shirts, caps, and other articles of clothing.



An individual who acts alone and spends less than $100 of his or her own money to advocate the passage or defeat of a ballot issue.



Any material subject to federal regulations regarding an attribution requirement

Television, video, or motion picture advertising is required to display the attribution statement on screen for at least four seconds. Multi-page material need only include the attribution on a single page. For a website, the attribution need only appear on the home page of the site.

H.

Summary of factual data and analytical methodologies: N/A

I.

Analysis and supporting documentation used to determine effect on small businesses: N/A

J.

Effect on small business: N/A

K.

Agency contact person:

David P. Buerger

[e-mail]

[phone]

L.

Place where comments are to be submitted and deadline for submission:

Written comments on the proposed rule will be accepted and receive consideration if they are received by June 17, 2019. Written comments should be addressed by mail to: David Buerger, P.O. Box 7125, Madison, WI 53707-7125; or by email to: [e-mail].

Fiscal Estimate: The creation of this rule does not affect business.

Initial Regulatory Flexibility Analysis: The creation of this rule has no fiscal effect.

Text of Rule

SECTION 1. ETH 1.20 (9) is amended to read:

ETH 1.20 (9) Any registrant who makes or receives an in-kind contribution shall report the contribution on Schedule 3-C of its campaign finance report.

SECTION 2. ETH 1.26 (2) is amended to read:

ETH 1.26 (2) The return of a contribution is not a disbursement subject to the limitations on disbursements in s. 11.31, Stats., and it is not a contribution subject to the limitations on contributions in ss. 11.1101, 11.1103, 11.1104, and 11.1105, Stats.

SECTION 3. ETH 1.26 (6) is amended to read:

ETH 1.26 (6) A registrant who receives a return of contribution shall report it on the campaign finance report, Form EB-2, on Schedule 1-C, OTHER INCOME, and shall designate this as “return of contribution.”

SECTION 4. ETH 1.60 (1) (b) is amended to read:

ETH 1.60 (1) (b) An authorized expenditure for consulting services made by a candidate, candidate's committee, political action committee, or political party committee on behalf of another candidate shall be reported as an in-kind contribution to the candidate on whose behalf the expenditure was made, except that expenditures made by political party committees on behalf of that party's presidential candidates shall not be reportable and shall not count against that party's state or local candidates' applicable contribution limits under ss. 11.1101, 11.1103, 11.1104, and 11.1105, Stats., and spending limits under s. 11.31 (2), Stats., except as provided in par. (c).

SECTION 5. ETH 1.70 (1) is amended to read:

ETH 1.70 (1) A candidate for or a person elected to a state or local office does not make an in-kind contribution to another candidate for a state or local office in another district when a candidate or election official travels to the district of the other candidate for political purposes. The candidate for or person elected to state or local office may be reimbursed from his or her personal campaign candidate committee subject to the applicable spending limits of s. 11.31 (2), Stats., and s. ETH 1.44 and is deemed to provide nonreportable volunteer services to the candidate in the other district.

SECTION 6. ETH 1.855 (2) is amended to read:

ETH 1.855 (2) A contribution from a conduit account shall be in the form of a check or other negotiable instrument made out to the named candidate or to the candidate's personal campaign committee, or to a legislative campaign committee, political party committee, or support committee under s. 11.18, Stats political action committee. A conduit may not make an in-kind contribution as defined in s. ETH 1.20 (1) (e).

SECTION 7. ETH 1.96 is created to read:

ETH 1.96 Attribution requirements.

(1)

Definitions. In this section:

(a)

“Readable” means able to be read easily.

(b)

“Legible” means each individual letter or character is clearly printed so it can be easily understood.

(c)

“Readily accessible” means capable of being seen without much difficulty.

(2)

Specifications for all attributions. The language required by s. 11.1303, Stats., shall be presented in a clear and conspicuous manner that gives the recipient of the communication adequate notice of the identity of the person making the payment or reimbursement or assuming responsibility for the communication.

(3)

Additional Specifications for Attributions in Written Communications. Written communications shall include an attribution containing the language required by s. 11.1303, Stats., in a manner that is readable, legible, and readily accessible. It is prima facie evidence that an attribution is readable, legible, and readily accessible if the attribution meets all of the following requirements:

(d)

It appears in a sans-serif font.

(e)

It meets the following applicable minimum font size:

1.

An attribution on a written communication measuring no larger than 8.5 inches by 11 inches must be printed in at least 10-point font;

2.

An attribution on a written communication that is larger than 8.5 inches by 11 inches, but is not larger than 24 inches by 36 inches, must be printed in at least 12-point font; or

3.

An attribution on any other written communication must appear in letters that are at least four percent of the vertical height of the written communication.

(f)

It appears in black text on a white background, or the degree of contrast between the background color and the text color is at least as great as the degree of contrast between the background color and the color of the largest text in the communication.