HF3363

Purpose

This bill aims to strengthen privacy around campaign finance data and tighten rules about how campaign information is disclosed. It focuses on protecting individuals’ street addresses in official reporting, clarifying data access related to refunds, and updating how campaign material and independent expenditures must be disclosed to the public.

Main Provisions (What the bill changes or adds)

• Data privacy for electronic campaign reporting

  • The Campaign Finance and Public Disclosure Board (the board) would create and maintain online systems for treasurers and their agents to file and store campaign records.
  • Data entered in these electronic systems for treasurers is not government data and cannot be accessed or used by the board without the filer’s written consent.
  • Street addresses on campaign reports would be classified as nonpublic data or private data about individuals, and the address data would only be accessible to the filer who submitted the report.
  • The board may use street addresses on reports to check compliance, but it is not required to redact addresses on printed copies of reports.
  • For refunds, certain data in the electronic system could be accessed or shared with the commissioner of revenue (e.g., amount of contributions, contributor names and addresses, identifiers, recipient campaign, and dates), with the data still treated as nonpublic/private.

• Restrictions on posting sensitive data on the board’s website

  • The board must not post on its website:
  • Canceled checks, bank account numbers, credit card numbers, or Social Security numbers from reports or disputes.
  • Street addresses of individuals disclosed on various campaign-related filings (campaign reports, lobbyist reports, economic interest statements, or electioneering communications).
  • Reports and statements published before the effective date can be redacted or republished to exclude or redact street addresses.

• Expanded disclosure requirements for economic and real property interests

  • The bill broadens the types of information required in economic interest statements, real property holdings, and business relationships, including:
  • Names, addresses, occupations, and business details.
  • Real property interests (with thresholds for value and ownership, including properties held by partnerships).
  • Listings of investments in parimutuel horse racing (in the U.S. and Canada) and any interests held by the filer or immediate family.
  • Principal business or professional activity categories for businesses from which the filer or spouse receives significant compensation, and for independent contracting.
  • Full details on securities owned above a set value, and details on contracts, licenses, leases, or franchises with government agencies.
  • Categories align with IRS Schedule C-like headings for self-employment purposes.
  • Values and timing rules (e.g., how compensation is calculated, how property value is determined) are specified to standardize reporting.

• Expanded reporting content for candidates and committees

  • Reports filed by a candidate or committee must include:
  • Candidate name and office sought, contact information, and a responsible party’s email.
  • Cash on hand and totals of contributions and disbursements.
  • Detailed disbursement information to vendors (name, address, and purpose) when disbursements to a vendor exceed $100 in a period.
  • Names, addresses, and employer/occupation of individuals who made contributions exceeding $100, and the amount and date of each contribution.
  • The board must restrict public access to the addresses of contributors who exceed $100 and file a safety-related address withholding statement.

• Campaign material and independent expenditure disclaimers

  • Campaign material must prominently include a disclaimer with the name and address of the person or committee responsible, unless exemptions apply (e.g., cost-free production).
  • For materials produced and disseminated by a committee or independent expenditure, specific disclaimer language must be included, including the entity’s name and address; in some cases, a broadcast disclaimer may say the material is paid for by the committee and is not coordinated with any candidate.
  • If a disclaimer is provided for broadcast materials, variations allow for cost-free production language to omit certain phrases.

• Website compliance timeline

  • The board must come into compliance with the new website-related requirements within six months of the law’s effective date.
  • If compliance isn’t possible in that period, the board must report to legislative committee chairs with reasons and issues to resolve.

Significant Changes to Existing Law

• Data classification and privacy shift

  • Street addresses on campaign reports move from public data to nonpublic/private data, with restricted access and potential redaction on printed copies.
  • Data sharing with the revenue department is allowed for refunds, under controlled privacy classifications.

• Expanded reporting requirements and thresholds

  • New and broader information must be disclosed about real property interests, business relationships, investments, and compensation related to campaign activity.
  • The reporting categories lean on widely used IRS Schedule C headings for self-employment to standardize descriptions.

• Public disclosures and disclaimers strengthened

  • Campaign material and independent expenditure disclosures require more precise and standardized disclaimers, including clear identification of the responsible entity and contact options.

• Implementation and accountability provisions

  • A defined timeline for implementing website-related privacy and disclosure changes, plus a mechanism to report obstacles if full compliance cannot be met.

Who Is Affected

• The Campaign Finance and Public Disclosure Board (CFPDB)
• Campaign committees, principal campaigns, and independent expenditure groups
• Treasurers and their authorized agents
• Individuals who contribute to campaigns (addresses may be protected if over certain amounts)
• Candidates and committees required to disclose economic interests, real property, and business activities

Potential Impacts

• Increased privacy protections for individuals involved in campaigns (less public exposure of street addresses).
• More detailed and comprehensive reporting requirements for financial and property interests.
• Stricter and more informative disclaimers for campaign materials and independent expenditures.
• More complex reporting obligations for committees and candidates, potentially increasing administrative workload but improving transparency and privacy protections.

Relevant Terms street address; nonpublic data; private data on individuals; government data; data privacy;Campaign Finance and Public Disclosure Board; electronic reporting system; contributions; refunds; commissioner of revenue; 10A.02; 10A.027; 10A.09; 211A.02; 211B.04; disclaimer; paid for by; independent expenditure; parimutuel horse racing; real property; ownership interests; securities; vendor; responsible party; public disclosure; redaction; compliance timeline; C.F.P.D.B.