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1 1 Section 1. NEW SECTION. 56A.1 DEFINITIONS.
1 2 For purposes of this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Board" means the truth in campaign practices board.
1 5 2. "Candidate" means a person who has taken affirmative
1 6 action to seek nomination or election to a state legislative
1 7 office or to the office of governor, lieutenant governor,
1 8 secretary of state, auditor of state, treasurer of state,
1 9 attorney general, or secretary of agriculture.
1 10 3. "Candidate's committee" means a candidate's committee
1 11 as defined under chapter 56.
1 12 4. "Negative statement" means a statement which attacks
1 13 the record, reputation, or integrity of a candidate or which
1 14 attacks the reputation or integrity of a member of a
1 15 candidate's immediate family. For purposes of this chapter, a
1 16 candidate's spouse, children, parents, and siblings are
1 17 members of a candidate's immediate family.
1 18 5. "Political organization" means an organization which is
1 19 not a political party but which meets the criteria established
1 20 under section 44.1 for nomination of candidates.
1 21 6. "Political party" means a political party under section
1 22 43.2.
1 23 7. "Statement" means a public written, electronic, or oral
1 24 communication which is made or transmitted by any means. For
1 25 purposes of this section, a communication is public if it is
1 26 made or transmitted in a manner that can be reasonably
1 27 expected to result in the statement being heard, read, or
1 28 viewed by members of the general public.
1 29 Sec. 2. NEW SECTION. 56A.2 STATEMENTS BY OR ABOUT
1 30 CANDIDATES.
1 31 1. A candidate shall not make or cause to be made
1 32 untruthful or deliberately misleading statements regarding a
1 33 candidate. For purposes of this section, a statement shall be
1 34 deemed to have been caused by a candidate if it is made by a
1 35 candidate's designated spokesperson, if it is contained in
2 1 materials produced or paid for by the candidate's committee,
2 2 or if it is contained in materials imputed to a candidate
2 3 under section 56.13.
2 4 2. A person who is not a candidate shall not knowingly
2 5 make untruthful or deliberately misleading statements about a
2 6 candidate.
2 7 3. If a candidate or candidate's committee pays for or
2 8 sponsors an oral negative statement about a candidate, the
2 9 statement shall be stated by the candidate. For purposes of
2 10 this section, a statement which is imputed to a candidate
2 11 under section 56.13 is not sponsored by a candidate or
2 12 candidate's committee.
2 13 Sec. 3. NEW SECTION. 56A.3 TRUTH IN CAMPAIGN PRACTICES
2 14 BOARD.
2 15 1. A three-member truth in campaign practices board is
2 16 established as an independent agency to investigate, review,
2 17 and determine the truthfulness or deliberately misleading
2 18 nature of statements made by candidates, and other persons in
2 19 support or opposition of a candidate as well as to investigate
2 20 negative statements made about candidates. Members of the
2 21 board shall be appointed by the chief justice of the supreme
2 22 court. Two members of the board shall be affiliated with one
2 23 of the two political parties whose candidates for president of
2 24 the United States or for governor, as the case may be,
2 25 received the largest and next largest number of votes at the
2 26 last general election but neither shall be affiliated with the
2 27 same political party. The other member shall not be
2 28 affiliated with a political party, but may be affiliated with
2 29 a political organization.
2 30 2. Members shall serve staggered four-year terms, which
2 31 shall begin at 12:01 a.m. on May 1 in the year of appointment
2 32 and end at 12:00 midnight on April 30 in the year of
2 33 expiration. Any vacancy on the board shall be filled by
2 34 appointment for the unexpired portion of the term, within
2 35 ninety days of the vacancy and in accordance with the
3 1 procedures for regular appointments. A member of the board
3 2 may be reappointed to serve additional terms on the board.
3 3 Members may be removed in the same manner as provided in
3 4 section 69.15 except that once a vacancy or resignation
3 5 occurs, the governor shall notify the chief justice of the
3 6 supreme court, who shall make another appointment.
3 7 3. The board shall annually elect one member to serve as
3 8 the chairperson of the board and one member to serve as vice
3 9 chairperson. The vice chairperson shall act as the
3 10 chairperson in the absence or disability of the chairperson,
3 11 or in the event of a vacancy in that office.
3 12 4. Members of the board shall receive a per diem as
3 13 specified in section 7E.6 while conducting business of the
3 14 board, and payment of actual and necessary expenses incurred
3 15 in the performance of their duties. Members of the board
3 16 shall file statements of financial interest under section
3 17 68B.35.
3 18 5. The board shall employ a full-time executive director
3 19 who shall be the board's chief administrative officer. The
3 20 board shall employ or contract for the employment of legal
3 21 counsel notwithstanding section 13.7, and may employ any other
3 22 personnel as may be necessary to carry out the duties of the
3 23 board. The board's legal counsel shall be the chief legal
3 24 officer of the board, and shall advise the board on all legal
3 25 matters relating to the administration of this chapter. The
3 26 state may be represented by the board's legal counsel in any
3 27 civil action regarding the enforcement of this chapter or, at
3 28 the board's request, the state may be represented by the
3 29 office of the attorney general. Notwithstanding section
3 30 19A.3, all of the board's employees, except for the executive
3 31 director and legal counsel, shall be employed subject to the
3 32 merit system provisions of chapter 19A.
3 33 Sec. 4. NEW SECTION. 56A.4 DUTIES OF THE BOARD.
3 34 The duties of the board shall include, but are not limited
3 35 to, all of the following:
4 1 1. Adopt rules pursuant to chapter 17A and conduct
4 2 investigations and hearings pursuant to section 56A.5 and
4 3 chapter 17A, as necessary to carry out the purposes of this
4 4 chapter.
4 5 2. Adopt rules pursuant to chapter 17A establishing
4 6 standards for truthfulness and avoidance of making
4 7 deliberately misleading statements in campaign advertising by
4 8 candidates under this chapter and requiring candidates to
4 9 personally utter negative statements about candidates if the
4 10 statement is paid for by the candidate or candidate's
4 11 committee.
4 12 3. Develop, prescribe, and furnish any forms necessary for
4 13 the implementation of the procedures contained in this chapter
4 14 for the filing and hearing of complaints or the issuance of
4 15 advisory opinions.
4 16 4. Establish and impose penalties and any other
4 17 recommendations for punishment of persons who are subject to
4 18 penalties of or punishment by the board for failure to comply
4 19 with the requirements of this chapter.
4 20 5. Determine, in case of dispute, at what time a person
4 21 has become a candidate.
4 22 6. Preserve copies of complaints, requests, and other
4 23 information filed with the board for a period of at least five
4 24 years from the date of receipt.
4 25 7. Establish a procedure for requesting and issuing formal
4 26 and informal board opinions to candidates and representatives
4 27 of political parties and political organizations. Following
4 28 advice contained in a formal board opinion shall constitute a
4 29 defense to a complaint based upon the same facts and
4 30 circumstances which is filed with the board and which alleges
4 31 a violation of this chapter or rules of the board.
4 32 8. Establish a procedure for informing candidates and
4 33 other persons of the requirements of this chapter and rules
4 34 adopted by the board.
4 35 9. Establish fees, where necessary, to cover the costs
5 1 associated with preparing, printing, and distributing
5 2 materials to persons subject to the authority of the board.
5 3 Sec. 5. NEW SECTION. 56A.5 COMPLAINTS &endash; INVESTIGATIONS
5 4 &endash; HEARINGS.
5 5 1. A candidate, a representative of a candidate's
5 6 committee, or a representative of a political party or
5 7 political organization may file a complaint with the board
5 8 regarding the truthfulness or deliberately misleading nature
5 9 of any statement made or caused to be made by a candidate or
5 10 alleging that a candidate or candidate's committee has paid
5 11 for an oral negative statement which was made by someone other
5 12 than the candidate. For purposes of this section, a statement
5 13 is caused to be made by a candidate if it is made by a
5 14 candidate's designated spokesperson, is contained in materials
5 15 produced or paid for by the candidate's committee, as defined
5 16 under chapter 56, or if it is action or is a part of action
5 17 which has been imputed to the candidate under section 56.13.
5 18 2. A complaint shall include all of the following:
5 19 a. The name and address of the complainant.
5 20 b. If the allegation is that an untruthful or deliberately
5 21 misleading statement was made, a recitation of the statement
5 22 alleged to be untruthful or deliberately misleading.
5 23 c. If the allegation is that a negative statement was paid
5 24 for or sponsored by a candidate or candidate's committee and
5 25 was made by a person other than the candidate, a recitation of
5 26 the negative statement.
5 27 d. To the extent known, the time and place or manner in
5 28 which the statement was made.
5 29 e. If the statement complained of was made in writing, a
5 30 copy of the statement.
5 31 f. If the allegation is that an untruthful or deliberately
5 32 misleading statement was made, any circumstances, other than
5 33 the express language of the statement, which cause the
5 34 statement to be untruthful or deliberately misleading.
5 35 g. The name and address, if known, of the candidate or
6 1 other person who made the statement.
6 2 h. If the allegation is that an untruthful or deliberately
6 3 misleading statement was made, a statement of why or how the
6 4 statement complained of is untruthful or deliberately
6 5 misleading.
6 6 i. A certification by the complainant under penalty of
6 7 perjury that the facts stated to be true are true to the best
6 8 of the complainant's knowledge.
6 9 j. Any other relevant information or sources of
6 10 information.
6 11 3. The board staff and legal counsel shall review the
6 12 complaint to determine if the complaint is sufficient as to
6 13 form and legal substance. Deficiency as to form shall not
6 14 preclude consideration of a complaint. If the complaint is
6 15 legally deficient, the complaint shall be returned to the
6 16 complainant with a statement of the deficiency and shall not
6 17 be considered by the board until the deficiency is cured. A
6 18 legally sufficient complaint must meet all of the following
6 19 requirements:
6 20 a. Facts must be alleged that would establish either that
6 21 a candidate made or caused to be made an untruthful or
6 22 deliberately misleading statement about another opposing
6 23 candidate or that a candidate caused an oral negative
6 24 statement to be made by someone other than the candidate.
6 25 b. The person making the complaint must be a candidate or
6 26 a representative of a political party or political
6 27 organization.
6 28 c. If the allegation is that an untruthful or deliberately
6 29 misleading statement was made, the complaint must indicate why
6 30 or demonstrate how the statement is untruthful or deliberately
6 31 misleading.
6 32 d. The complaint must be filed within sixty days from the
6 33 date on which the statement that is complained of was made.
6 34 4. Upon receiving a legally sufficient complaint, the
6 35 board shall investigate or cause the investigation of the
7 1 facts alleged in the complaint. Once the investigation is
7 2 completed, the board shall meet and make a determination as to
7 3 whether the statement violates the requirements of this
7 4 chapter or rules adopted by the board. The meeting shall be
7 5 conducted in the manner provided for contested cases under
7 6 chapter 17A. However, a preponderance of evidence shall be
7 7 required to support a finding that a statement is untruthful
7 8 or deliberately misleading. In addition to holding meetings
7 9 at which two or more members are physically present, meetings
7 10 may be held electronically as provided under section 21.8.
7 11 Notwithstanding section 21.4, subsection 2, public notice of
7 12 the meetings of the board shall be made at a reasonable time
7 13 before the meeting, but no later than eight hours before the
7 14 time set for the meeting to begin.
7 15 5. The board shall render its decision within forty-eight
7 16 hours of receiving a legally valid complaint. If the forty-
7 17 eight-hour period concludes on a weekend or holiday, the
7 18 decision shall be made by the close of business hours on the
7 19 next succeeding business day. If the board finds that the
7 20 statement complained of was untruthful or deliberately
7 21 misleading or that an oral negative statement was made by
7 22 someone other than a candidate and was paid for by the
7 23 candidate or candidate's committee, the board's decision shall
7 24 include an order for any remedy, under section 56A.6, that the
7 25 board deems appropriate.
7 26 6. At any stage during the investigation or after the
7 27 filing of a complaint, the board may approve a settlement
7 28 regarding an allegedly untruthful or deliberately misleading
7 29 statement or negative statement made by someone other than a
7 30 candidate. Terms of a settlement shall be reduced to writing
7 31 and be available for public inspection. In addition, the
7 32 board may authorize board staff to seek information in
7 33 voluntary compliance in routine matters brought to the
7 34 attention of the board or its staff.
7 35 7. A complaint shall be a public record. The entire
8 1 record of the board's action, including any investigation,
8 2 shall also be a public record.
8 3 Sec. 6. NEW SECTION. 56A.6 REMEDIES.
8 4 1. If the board finds that a candidate or other person has
8 5 made or caused to be made an untruthful or deliberately
8 6 misleading statement, the board shall require a retraction of
8 7 the statement by any person found to be responsible for making
8 8 the statement or causing the statement to be made, within a
8 9 period of time to be specified by the board, in the same
8 10 manner and at the same cost as the original statement. Any
8 11 retraction shall be approved by the board before it is made
8 12 public. The board shall inform the complainant of any
8 13 proposed retraction and permit the complainant to submit
8 14 comments prior to the board's decision on approval or
8 15 disapproval of the proposed language.
8 16 2. For any violations of this chapter or rules adopted by
8 17 the board, the board may impose one or more of the following
8 18 penalties:
8 19 a. Issue an order requiring the person to cease and desist
8 20 from the violation.
8 21 b. Issue an order requiring the violator to take any
8 22 remedial action deemed appropriate by the board.
8 23 c. Publicly reprimand the violator for violations of this
8 24 chapter or rules adopted by the board.
8 25 d. Issue an order requiring the violator to pay a civil
8 26 penalty of not more than fifty thousand dollars for each
8 27 violation of this chapter or rules adopted by the board.
8 28 3. If a person fails to comply with an order of the board
8 29 under this section, the board may petition the district court
8 30 for an order for enforcement of the order of the board.
8 31 Judicial enforcement of orders of the board shall be sought in
8 32 accordance with chapter 17A.
8 33 4. At any stage in a proceeding, the board may refer the
8 34 complaint and supporting information to the attorney general
8 35 or appropriate county attorney with a recommendation for
9 1 prosecution or enforcement of criminal penalties.
9 2 EXPLANATION
9 3 This bill establishes an independent board with three
9 4 members appointed by the chief justice of the supreme court to
9 5 regulate negative, untrue, or deliberately misleading public
9 6 statements made during state campaigns. The board is to hear
9 7 complaints, adopt rules, and issue advisory and regulatory
9 8 opinions regarding statements made by candidates and other
9 9 persons. Decisions of the board are to be made within 48
9 10 hours of receiving a valid complaint. Complaints regarding
9 11 allegedly untrue or misleading statements must be filed within
9 12 60 days of the date on which the untrue or misleading
9 13 statement was made. The making of untruthful or deliberately
9 14 misleading statements is prohibited. Candidates are also
9 15 required, when engaging in advertising that attacks the
9 16 record, reputation, or integrity of another candidate or the
9 17 reputation or integrity of a candidate's family members, to
9 18 make the statements themselves.
9 19 If a statement is found to be untruthful or deliberately
9 20 misleading, the board is to require retractions of false or
9 21 deliberately misleading statements and may impose other
9 22 appropriate penalties. The penalties that may be imposed by
9 23 the board include reprimands, cease and desist orders, orders
9 24 for other remedial action, and the imposition of up to a
9 25 $50,000 civil penalty.
9 26 LSB 1085XS 76
9 27 lh/cf/24.2
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