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House Journal: Page 1439: Monday, April 8, 1996

Page  14

 1   begin.
 2     5.  The board shall render its decision within
 3   forty-eight hours of receiving a legally valid
 4   complaint.  If the forty-eight-hour period concludes
 5   on a weekend or holiday, the decision shall be made by
 6   the close of business hours on the next succeeding
 7   business day.  If the board finds that the statement
 8   complained of was untruthful or deliberately
 9   misleading or that an oral negative statement was made
10   by someone other than a candidate and was paid for by
11   the candidate or candidate's committee, the board's
12   decision shall include an order for any remedy, under
13   section 56A.6, that the board deems appropriate.
14     6.  At any stage during the investigation or after
15   the filing of a complaint, the board may approve a
16   settlement regarding an allegedly untruthful or
17   deliberately misleading statement or negative
18   statement made by someone other than a candidate.
19   Terms of a settlement shall be reduced to writing and
20   be available for public inspection.  In addition, the
21   board may authorize board staff to seek information in
22   voluntary compliance in routine matters brought to the
23   attention of the board or its staff.
24     7.  A complaint shall be a public record.  The
25   entire record of the board's action, including any
26   investigation, shall also be a public record.
27     Sec. 17.  NEW SECTION.  56.55  REMEDIES.
28     1.  If the board finds that a candidate or other
29   person has made or caused to be made an untruthful or
30   deliberately misleading statement, the board shall
31   require a retraction of the statement by any person
32   found to be responsible for making the statement or
33   causing the statement to be made, within a period of
34   time to be specified by the board, in the same manner
35   and at the same cost as the original statement.  Any
36   retraction shall be approved by the board before it is
37   made public.  The board shall inform the complainant
38   of any proposed retraction and permit the complainant
39   to submit comments prior to the board's decision on
40   approval or disapproval of the proposed language.
41     2.  For any violations of this chapter or rules
42   adopted by the board, the board may impose one or more
43   of the following penalties:
44     a.  Issue an order requiring the person to cease
45   and desist from the violation.
46     b.  Issue an order requiring the violator to take
47   any remedial action deemed appropriate by the board.
48     c.  Publicly reprimand the violator for violations
49   of this chapter or rules adopted by the board.
50     d.  Issue an order requiring the violator to pay a

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/01400/01439.html
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