Questions & Answers School Board Campaigning
In Accordance With Iowa Code chapter 68A And Iowa Administrative Code chapter 351
WHO HAS TO FILE?
Any school board candidate who receives contributions, makes expenditures, or incurs debt in excess of $750 in a calendar year for his or her campaign. This includes personal funds. Remember that a debt is incurred when an item is ordered.
DO I HAVE TO OPEN A SEPARATE BANK ACCOUNT?
Yes, if you receive any monetary contributions other than your personal funds. You are required to deposit money received within seven calendar days of receipt. You do not need a separate banking account if you spend ONLY your personal funds, and do not accept contributions from anyone else.
WHERE DO I FILE MY REPORTS?
Reports are filed with the Iowa Ethics and Campaign Disclosure Board (Board). They may be via the Web Reporting Ssytem (Required for committees exceeding $2000 in activity per year) faxed, hand-delivered, mailed or emailed. Mailed reports must have a U.S. Postal Service postmark dated on or before the due date.
WHEN DO I FILE?
File your Statement of Organization (DR-1) within ten days of crossing the $750 financial threshold. This registers your committee. This registers your committee. A disclosure report five days before the election (current to five days before the due date), and on the 19th day of January (current through December 31). In addition, you must file a report on the 19th day of January of each year your name does not appear on the ballot, until the committee dissolves (funds spent and final report and Statement of Dissolution filed). Remember that any report filed 5 days prior to an election must be in the Ethics Board office by 4:30 p.m. of the due date.
FOR THE 2013 SCHOOL ELECTION DATE OF SEPTEMBER 13,
Election Date - September 10, 2013
If you spend, receive, or incur debts exceeding $750 in a calendar year, you must file on September 5, 2013. This report covers all activity from the beginning of your campaign through August 31, 2013.
After the Election
Your next report is due on January 19, 2014.
If your activity is over, you can now dissolve your committee by filing a final report and a DR-3. You may leave your committee open as long as you wish, so long as you continue to file reports when due.
If a candidate's name WILL NOT appear on the ballot in 2013, but has an open committee, a report would be filed on January 19, 2014 -- Covering all of 2013.
All report due dates are extended to the next working day if the deadline falls on a weekend or holiday. The allowable postmark of the January due date is also extended.
WHAT DO I HAVE TO REPORT?
All the money you take in (including personal funds), all the money you spend, all the debts you incur, and all the donated items or services you receive (in-kind contributions) are required to be reported. You must ITEMIZE all contributions over $25 received by your committee from the same person (including your personal funds) by date received, full name and complete address. You must likewise ITEMIZE all expenditures of $5 and over by date spent, full name and complete address of the creditor (list as "unitemized" all receipts and expenses under these amounts).
HOW DO I REPORT SPENDING PERSONAL FUNDS FOR MY CAMPAIGN?
Items purchased for the campaign can be reported one of two ways. The first is as a debt owed to the candidate. Debt is reported on Schedule D incurred indebtedness) when reimbursement for the item purchased is expected. The other option is to report the purchase as an in-kind contribution. In-Kind contributions are reported on Schedule E when reimbursement for the item purchased is not expected.
Personal funds deposited in the campaign account can be reported one of two ways. the first is as a loan from the candidate to the committee. A loan is reported on Schedule F (Loans Received & Repaid) when repayment of the funds is expected. The other option is to report the funds as a contribution. Contributions are reported on Schedule A when repayment of the funds deposited is not expected.
ARE THERE SPENDING RESTRICTIONS?
Campaign funds may be spent only for campaign purposes, constituency services, and officeholder expenses that do not benefit the candidate or family personally. Candidates cannot transfer funds to other candidates or to PACs or ballot issue committees. Funds transferred to political party committees cannot have conditions attached.
HOW DO I REPORT USE OF ITEMS FROM A PREVIOUS CAMPAIGN THAT I SAVED, LIKE CAMPAIGN
Report these on Schedule E as an in-kind contribution from you to your committee. Describe the items and list an estimated fair market value of the item.
WHAT HAPPENS IF I DO NOT FILE, OR FILE LATE?
You'll be automatically assessed a civil penalty (fine) for late filing, ranging from $20 to $200. Additional civil and criminal sanctions may be imposed.
ARE THERE RESTRICTIONS ON HOW I CAN RAISE MONEY?
You CANNOT accept contributions from corporations, banks, savings and loan associations, credit unions, and insurance companies. This restriction includes non-monetary as well as monetary contributions. You CANNOT accept money anonymously in excess of $10, nor money contributed in the name of another. If you borrow money for your campaign, you must identify the lender on your report. If you receive money from a non-Iowa committee, that committee must file a Verified Statement Registration.
WHAT IS REQUIRED ON POLITICAL MATERIALS?
See Paid for by attribution brochure
If the material is paid for before the $750 threshold is crossed, you have the option to file a DR-SFA for purposes of using a shorter "paid for by" attribution statement.
WHEN DOES REPORTING CEASE & THE COMMITTEE DISSOLVE?
By filing the final report (with an ending balance of zero, all bills paid, loans paid or forgiven and campaign property disposed of) AND by signing and filing a Statement of Dissolution (DR-3) form. You continue to have to file reports, even of zero activity, until you file the Statement of Dissolution form and it is approved by the Board.
This brochure is intended for general guidance and is not a restatement of the laws or rules and is not legal advice. See chapter 68A and the Board's rules in chapter 351 of the Iowa Administrative Code or contact the Board for further guidance.
FOR MORE INFORMATION CONTACT THE BOARD:
Iowa Ethics & Campaign Disclosure Board
510 E. 12th, Suite 1A
Des Moines, IA 503109
(515) 281-4073 fax