Newstrack: Iowa ethics board will require attribution for political texts

The Iowa Ethics and Campaign Disclosure Board will require "paid for by" attribution statements on some political text messages.

Background

On the eve of a contentious vote on a ballot amendment about abortion rights, anonymous text messages arrived on voters’ phones across Kansas in August.

The message seemed clear enough, asserting: “Women in KS are losing their choice on reproductive rights. Voting YES on the amendment will give women a choice. Vote YES to protect women’s health.”

In fact, the opposite was true, and voters in the conservative state soundly rejected the measure.

Under Kansas law, “paid-for” attribution on text messages is required for political messaging advocating for or against candidates, but not ballot issues.

With the possibility and likelihood that Iowa voters will see a similar amendment on the ballot in 2024, the issue has raised questions about whether Iowa state laws on attribution statements apply to political text messages — and whether Iowans could see similar messages popping up on their cellphones, including this fall ahead of the Nov. 8 general election, in which a controversial pro-gun rights amendment will be on the ballot.

Unlike Kansas, Iowa Code requires attribution statements and disclosures of who paid for messages expressly advocating for candidates and for ballot issues. However, Iowa Code section 68A is not clear on whether political text messages are required to have attribution statements.

Iowa law requires attribution statements on “printed or electronic general public political advertising” that “expressly advocate” for the election or defeat of one or more clearly identified candidates or the passage or defeat of one or more clearly identified ballot issues.

The Iowa Ethics and Campaign Disclosure Board determined in 2000, affirmed in 2006 and issued an updated advisory opinion in 2016 that the law’s “paid for by” attribution statements extend to email messages.

Zach Goodrich, the board’s executive director, said he would draft an advisory opinion clarifying that state laws on attribution statements apply to some kinds of political text messages.

What’s happened since

Members of the state ethics board, which enforces Iowa campaign regulations, unanimously adopted the advisory opinion on political text messages at a Sept. 22 meeting. The new guidance is effective immediately.

The guidance requires attribution statements on any text message that meets all of the following criteria:

Messages without an attribution statement would be treated like any other complaint brought before the board, Goodrich said. If found to have violated the law, candidates, their committees, PACs and political parties could be subject to a civil penalty of up to $2,000, he said.

Goodrich noted many Iowa political text messages already disclose the source of the advocacy, mainly texts raising funds for a particular campaign, without using "paid for by" language.

Texts praising a candidate or raising money for a campaign, without urging the recipient vote for that candidate, would not require a “paid for” attribution statement.

Additionally, Goodrich noted Iowa is a “magic word” state where, to be considered “express advocacy” subject to disclosure, requires the use of explicit words that unambiguously tell people how to vote. Just criticizing someone does not rise to the level of express advocacy.

So mentioning a candidate’s bona fides and position on an issue and saying, “vote for the candidate who is best for Iowa’s economy” or “vote for a candidate who would cut taxes,” wouldn’t cut the mustard, Goodrich said.

“It needs to be clearer than that to meet express advocacy,’” he said.

Comments: (319) 398-8499; tom.barton@thegazette.com