The owner, publisher, or editor of a sham newspaper who is
using the sham newspaper to promote in any way the candidacy of any person for
public office must comply with the requirements of Iowa Code chapter 6
8A.
(1)
Factors. In
determining whether or not a publication is entitled to the press exception or
is a sham newspaper that triggers the campaign laws, the board will consider
the following factors:
a. Whether the
publication is published and made available on a regular schedule or
interval;
b. The proximity to the
election in which the candidates and public affairs are discussed;
c. Whether the publication contains news
items and articles of opinion of a general character separate from discussions
concerning candidates and public affairs;
d. How widely the publication is circulated
or is otherwise made available to the public in comparison to a targeted
audience for potential campaign purposes;
e. Whether the publication discusses all
candidates for a particular election or otherwise gives all candidates equal
space; and
f. Whether the
publication expressly advocates for the candidacy of any
person.
(2)
Definitions. For purposes of this rule, the following
definitions apply:
"Express advocacy" means "
express advocacy"
as defined in Iowa Code section 68A. 102(14)and rule
351-4.53 (68A).
"Media organization" means "media
organization" as defined in rule
351-4.51 (68A).
"Sham newspaper" means "sham newspaper" as
defined in Iowa Code section
68A.503(5)
"b." This rule is intended
to implement Iowa Code section
68A.503(5)
"b."
Notes
Iowa Admin. Code r. 351-4.48
ARC 7866B, lAB 6/17/09,
effective 7/22/09; ARC 8826B, lAB 6/2/10, effective 5/17/10
Amended by
IAB
March 24, 2021/Volume XLIII, Number 20, effective
4/28/2021
