Pursuant to Iowa Code section
68A.402(9),
a permanent organization temporarily engaging in activity that
exceeds the $1,000 financial filing threshold described in rule
351-4.1 (68A,68B) is
required to organize and register a political committee (PAC), file
disclosure reports, and, upon completion of activity, file a notice
of dissolution. A permanent organization that is temporarily a
political committee shall comply with all of the campaign laws in
Iowa Code chapter 68A and this chapter 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.
(1)
Form DR-OTC. A
permanent organization that makes a one-time contribution in excess
of $1,000 to a committee may, in lieu of filing a statement of
organization, disclosure reports, and a notice of dissolution, file
Form DR-OTC. The following information shall be disclosed on Form
DR-OTC:
a. The name and address of
the organization making the contribution.
b. The name and address of a
contact person for the organization making the
contribution.
c. The name
and address of the campaign committee receiving the contribution. If
the contribution is to a candidate or a candidate's committee, the
source of the original funds used to make the contribution shall be
disclosed.
d. The date
and amount of the contribution. If the contribution is an in-kind
contribution, a description of the provided goods or services must be
included.
e. The date of
election and the county in which the recipient committee is located
if the committee is a county or local committee.
f The date and signature of the
person filing Form DR-OTC. A Form DR-OTC that is filed electronically
using the board's Web site is deemed signed when filed.
A permanent organization that makes more than one
contribution is not eligible to file Form DR-OTC and is required to
file a statement of organization, file disclosure reports, and file a
notice of dissolution.
(2)
Place of
filing. Form DR-OTC shall be filed electronically using the
board's website at ethics.iowa.gov.
(3)
Time of
filing. Form DR-OTC shall be filed with the board within ten
days after the one-time contribution in excess of $1,000 is made. The
form must be submitted on or before 11:59 p.m. of the tenth day after
the organization of the committee is required. 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)
Failure to
register If the board discovers that a permanent
organization has become subject to the provisions of Iowa Code
Supplement chapter 68 Abut did not timely file a statement of
organization or file Form DR-OTC, as applicable, the permanent
organization is subject to the possible imposition of board
sanctions.
(5)
Partial refund of contribution. A committee that
receives a contribution from a permanent organization that causes the
organization to become subject to the provisions of Iowa Code chapter
68A may refund all or part of a contribution to the organization so
as to reduce the contribution to $1,000 or less and remove the
organization's filing obligations.
This rule is intended to implement Iowa Code sections
68A.102(18)and
68A.402.
