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House Journal: Page 1434: Monday, April 8, 1996

Page   9

 1     For purposes of applying provisions in this
 2   division, unless the context otherwise requires:
 3     1.  "Board" means the truth in campaign practices
 4   board.
 5     2.  "Candidate" means a person who has taken
 6   affirmative action to seek nomination or election to a
 7   state legislative office or to the office of governor,
 8   lieutenant governor, secretary of state, auditor of
 9   state, treasurer of state, attorney general, or
10   secretary of agriculture.
11     3.  "Candidate's committee" means a candidate's
12   committee as defined in section 56.2.
13     4.  "Negative statement" means a statement which
14   attacks the record, reputation, or integrity of a
15   candidate or which attacks the reputation or integrity
16   of a member of a candidate's immediate family.  For
17   purposes of this chapter, a candidate's spouse,
18   children, parents, and siblings are members of a
19   candidate's immediate family.
20     5.  "Political organization" means an organization
21   which is not a political party but which meets the
22   criteria established under section 44.1 for nomination
23   of candidates.
24     6.  "Political party" means a political party under
25   section 43.2.
26     7.  "Statement" means a public written, electronic,
27   or oral communication which is made or transmitted by
28   any means.  For purposes of this section, a
29   communication is public if it is made or transmitted
30   in a manner that can be reasonably expected to result
31   in the statement being heard, read, or viewed by
32   members of the general public.
33     Sec. 13.  NEW SECTION.  56.51  STATEMENTS BY OR
34   ABOUT CANDIDATES.
35     1.  A candidate shall not make or cause to be made
36   untruthful or deliberately misleading statements
37   regarding a candidate.  For purposes of this section,
38   a statement shall be deemed to have been caused by a
39   candidate if it is made by a candidate's designated
40   spokesperson, if it is contained in materials produced
41   or paid for by the candidate's committee, or if it is
42   contained in materials imputed to a candidate under
43   section 56.13.
44     2.  A person who is not a candidate shall not
45   knowingly make untruthful or deliberately misleading
46   statements about a candidate.
47     3.  If a candidate or candidate's committee pays
48   for or sponsors an oral negative statement about a
49   candidate, the statement shall be stated by the
50   candidate.  For purposes of this section, a statement

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