House File 167 - Introduced HOUSE FILE BY RAECKER and HUSER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act prohibiting the publication of certain false statements of 2 fact made with actual malice concerning a candidate for public 3 office and providing remedies. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1911HH 82 6 jr/gg/14 PAG LIN 1 1 Section 1. NEW SECTION. 68A.407 PUBLICATION OF CERTAIN 1 2 FALSE STATEMENTS OF FACT CONCERNING CANDIDATE PROHIBITED == 1 3 REMEDIES. 1 4 1. The general assembly finds that the increasing use of 1 5 false statements of fact aimed at candidates for public office 1 6 impedes campaigns and diminishes the trust and confidence of 1 7 the public in the electoral process. It is not the intent of 1 8 the general assembly to lessen political debate that furthers 1 9 the ability of the public to understand the issues and 1 10 positions of candidates for public office. The general 1 11 assembly declares that a compelling state interest exists in 1 12 prohibiting the use of false statements of fact that impede 1 13 campaigns for public office in Iowa and diminish the public's 1 14 trust and confidence in the electoral process. 1 15 2. As used in this section: 1 16 a. "Actual malice" means knowledge of the falsity of a 1 17 statement or reckless disregard for whether a statement is 1 18 true or false. 1 19 b. "Public office" means any state, county, city, school, 1 20 or other office of a political subdivision of this state 1 21 filled by election. 1 22 c. "Publish" means the act of printing, posting, 1 23 broadcasting, mailing, speaking, or otherwise disseminating. 1 24 3. A person shall not, with actual malice, cause to be 1 25 published a false statement of fact concerning a candidate for 1 26 public office involving any of the following: 1 27 a. The education or training of the candidate. 1 28 b. The current profession or occupation of the candidate 1 29 or any former profession or occupation of the candidate. 1 30 c. Whether the candidate committed, was indicted for 1 31 committing, or was convicted of committing a crime punishable 1 32 by law. 1 33 d. Whether the candidate was subject to discipline or 1 34 sanction by any body of the federal government, state 1 35 government, or political subdivision of the state. 2 1 e. Whether the candidate has received treatment for a 2 2 mental illness. 2 3 f. Whether another person endorses or opposes the 2 4 candidate. 2 5 g. The record of voting of a candidate if the candidate 2 6 serves or formerly served in an elected office. 2 7 4. A candidate for public office who alleges that a false 2 8 statement of fact concerning the candidate has been published 2 9 in violation of this section may file a complaint with the 2 10 board. The board shall give priority consideration to any 2 11 complaint filed under this section over all other matters 2 12 pending before the board. 2 13 5. If the board determines that a violation did occur, the 2 14 board may impose any of the recommended actions under section 2 15 68B.32D, except that the board shall not refer any complaint 2 16 or supporting information of a violation of this section to 2 17 the attorney general or any county attorney for prosecution. 2 18 6. This section shall not preclude the filing of a civil 2 19 action based on the same facts or event giving rise to a 2 20 complaint filed with the board under this section. 2 21 7. Section 68A.701, which otherwise applies criminal 2 22 penalties for violations of this chapter, shall not apply to 2 23 violations of this section. 2 24 EXPLANATION 2 25 This bill creates new Code section 68A.407 that prohibits 2 26 the publication by any person of certain specified false 2 27 statements of fact concerning a candidate for public office. 2 28 The prohibition applies to seven categories of statements 2 29 concerning a candidate and the following: 2 30 1. Education or training. 2 31 2. Profession or occupation. 2 32 3. Any crime punishable by law. 2 33 4. Any governmental discipline or sanctions. 2 34 5. Treatment for a mental illness. 2 35 6. Endorsements. 3 1 7. Voting record. 3 2 To fall within the prohibition, the statement must first be 3 3 false and secondly be made with knowledge of the falsity of 3 4 the statement or reckless disregard for whether the statement 3 5 is true or false. 3 6 Any candidate may file a complaint with the ethics and 3 7 campaign disclosure board. If the board determines that a 3 8 violation did occur, the board may impose any of the 3 9 administrative, noncriminal sanctions and remedial actions 3 10 under Code section 68B.32D. These include a civil penalty of 3 11 not more than $2,000 for each violation. This administrative 3 12 procedure does not preclude the candidate from filing a libel 3 13 action in court. A criminal penalty is made inapplicable to a 3 14 violation of this bill. 3 15 LSB 1911HH 82 3 16 jr:rj/gg/14.1