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.
