January 23, 2003
To all interested persons:
Pursuant to Iowa Code section 68B.32A(11) and rule 351-1.2, the Iowa Ethics and Campaign Disclosure Board takes the opportunity to issue its opinion on political committees being required to appoint a separate chair and treasurer. We note at the outset that the Board's jurisdiction is limited to the application of Iowa Code chapters 56 and 68B and rules in Iowa Administrative Code chapter 351.
Opinion:
The issue has been raised whether a political committee (PAC) is required to appoint a separate chair and treasurer or if the same person may serve as both officers. Iowa Code section 56.3(1) in pertinent part states:
"Every political committee shall appoint both a treasurer and a chairperson, each of whom shall have reached the age of majority." 1
The Board believes that the phrase "each of whom" requires a PAC to appoint separate individuals as chair and treasurer.
BY DIRECTION AND VOTE OF THE BOARD
James Albert, Board Chair
1st Vice-Chair Geraldine Leinen
2nd Vice-Chair Gwen Boeke
Mark McCormick
Bernie McKinley
Phyllis Peters
Submitted by: W. Charles Smithson, Board Legal Counsel
1 In IECDB Advisory Opinion 2000-36 the Board opined that "age of majority" meant an "individual who has reached the age of 18 prior to the appointment."