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