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Iowa Campaign Ethics and Disclosure Board to review state coronavirus media campaign

Auditor Rob Sand's special investigation reported concerns the governor violated Iowa code.

DES MOINES, Iowa — The Iowa Campaign Ethics and Disclosure Board has decided to review the state's "Step Up, Stop the Spread" COVID-19 media campaign following a special investigation by the state auditor.

According to Auditor Rob Sand, Gov. Kim Reynolds violated Iowa's law prohibiting self-promotion with taxpayer money when she ran commercials during the statewide coronavirus public service announcement campaign last year.

The audit, released earlier this month, examined the $500,000 campaign used to encourage Iowans to reduce the spread of coronavirus at the height of the pandemic in November 2020.

Sand wrote more than $152,000 of CARES Act funds were used to pay for ads on TV, radio, and the internet using the governor's image, voice, and title.

"That violates Iowa Code Section 68A.405A, Iowa’s law prohibiting self-promotion with public moneys, which Governor Reynolds signed in 2018," Sand wrote in his report. "Another $17,000 was spent producing the videos, which may or may not violate the statute."

Reynolds responded in a press release, citing a section in the statute that says a statewide elected official may use public money for video ads containing the likeness of the governor during a public health emergency.

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That statute reads, in part:

“Except as provided in sections 29C.3 and 29C.6, a statewide elected official or member of the general assembly shall not permit the expenditure of public moneys under the control of the statewide elected official or member of the general assembly, including but not limited to…”

"I’m proud of the Step Up, Stop the Spread” public service announcement,” Reynolds said. “I felt it was important for me and other leaders to address Iowans during the height of the pandemic. And the law clearly allows it.”

The governor's office reported in a November 19, 2020 news release the campaign would cost about $440,000, the audit says. Sand found through invoices the campaign actually cost $511,789 of CARES Act funds.

The auditor's office noted a copy of the report will be filed with the Polk County Attorney and the Iowa Ethics and Campaign Disclosure Board.

"Auditor Sand didn't once ask to meet with our team regarding his concern or his investigation," Gov. Reynolds' Chief of Staff Sara Craig said in a statement. "If he had, we would have pointed him to this essential part of the law that he clearly missed."

In an addendum filed by Auditor Sand following the governor's public statement, Sand said the governor's response "contains two false asserts that substantially undermine her overall claim that this spending of CARES Act dollars complied with Iowa law."

Sand noted the governor falsely asserted Iowa Code section 29C.6(10) is “specifically mentioned in section 68A.405A.” That is not true, according to Sand.

Sand said the governor could have suspended the statute in writing but it was not.

"None of the Governor’s 35 emergency proclamations pursuant to 29C.6 contain a suspension or mention of the self-promotion law at 68A.405A of the Code," wrote Sand in his addendum.

Sand also pointed out that the paid public service announcements did not promote "the requirements and recommendations of a disaster proclamation in a public awareness campaign."

"This is false: the ad never mentioned any mask mandate nor any other proclamation requirements whatsoever. It only repeated the same recommendations that had been recommended nearly universally by public health professionals around the world for months," wrote Sand.

Read the full auditor's report below

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From November 2020: What you need to know about Gov. Reynolds' COVID-19 PSA campaign 

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