351—4.48(68A) Sham newspapers subject to campaign laws.

1. 4.48(1)  Media exception inapplicable. The owner, publisher, or editor of a sham newspaper is not entitled to the exceptions for media organizations provided in Iowa Code chapter 68A.

2. 4.48(2)  Factors. In determining whether or not a publication is entitled to the press exception, the board will consider the following factors:

   1. a. Whether the publication is published and made available on a regular schedule or interval;
   2. b. The proximity to the election in which the candidates and public affairs are discussed;
   3. c. Whether the publication contains news items and articles of opinion of a general character separate from discussions concerning candidates and public affairs;
   4. 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;
   5. e. Whether the publication discusses all candidates for a particular election or otherwise gives all candidates equal space; and
   6. f. Whether the publication expressly advocates for the candidacy of any person.

This rule is intended to implement Iowa Code section 68A.503(5)“b.”

[ARC 0235D, IAB 4/29/26, effective 6/3/26]