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House Journal: Page 1438: Monday, April 8, 1996

Page  13

 1   untruthful or deliberately misleading.
 2     i.  A certification by the complainant under
 3   penalty of perjury that the facts stated to be true
 4   are true to the best of the complainant's knowledge.
 5     j.  Any other relevant information or sources of
 6   information.
 7     3.  The board staff and legal counsel shall review
 8   the complaint to determine if the complaint is
 9   sufficient as to form and legal substance.  Deficiency
10   as to form shall not preclude consideration of a
11   complaint.  If the complaint is legally deficient, the
12   complaint shall be returned to the complainant with a
13   statement of the deficiency and shall not be
14   considered by the board until the deficiency is cured.
15   A  legally sufficient complaint must meet all of the
16   following requirements:
17     a.  Facts must be alleged that would establish
18   either that a candidate made or caused to be made an
19   untruthful or deliberately misleading statement about
20   another opposing candidate or that a candidate caused
21   an oral negative statement to be made by someone other
22   than the candidate.
23     b.  The person making the complaint must be a
24   candidate or a representative of a political party or
25   political organization.
26     c.  If the allegation is that an untruthful or
27   deliberately misleading statement was made, the
28   complaint must indicate why or demonstrate how the
29   statement is untruthful or deliberately misleading.
30     d.  The complaint must be filed within sixty days
31   from the date on which the statement that is
32   complained of was made.
33     4.  Upon receiving a legally sufficient complaint,
34   the board shall investigate or cause the investigation
35   of the facts alleged in the complaint.  Once the
36   investigation is completed, the board shall meet and
37   make a determination as to whether the statement
38   violates the requirements of this chapter or rules
39   adopted by the board.  The meeting shall be conducted
40   in the manner provided for contested cases under
41   chapter 17A.  However, a preponderance of evidence
42   shall be required to support a finding that a
43   statement is untruthful or deliberately misleading.
44   In addition to holding meetings at which two or more
45   members are physically present, meetings may be held
46   electronically as provided under section 21.8.
47   Notwithstanding section 21.4, subsection 2, public
48   notice of the meetings of the board shall be made at a
49   reasonable time before the meeting, but no later than
50   eight hours before the time set for the meeting to

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Tue Apr 9 13:30:02 CDT 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/01400/01438.html
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