Text: HF00394 Text: HF00396 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 56.14A POSITIVE CAMPAIGN PLEDGE
1 2 – PENALTIES.
1 3 1. A candidate in a contested election for public office
1 4 may, at the time of registering with the board, pledge to
1 5 conduct a positive campaign by doing all of the following:
1 6 a. The candidate or the candidate's committee shall not
1 7 publish any material that uses the name of the candidate's
1 8 opponent.
1 9 b. The candidate or the candidate's committee shall not
1 10 publish any material that compares the opponent's record of
1 11 public service or positions on any issue with the candidate's
1 12 record or positions.
1 13 c. The candidate or the candidate's committee shall issue
1 14 a statement to any person who makes expenditures or
1 15 contributions in support of the candidate or the candidate's
1 16 positions that encourages the person not to use the
1 17 candidate's and the opponent's names together in any
1 18 publications made in support of the candidate.
1 19 d. The candidate or the candidate's committee shall issue
1 20 a statement to any person who makes expenditures or
1 21 contributions in support of the candidate or the candidate's
1 22 positions that encourages the person not to compare, in any
1 23 material published by the person, the candidate's record of
1 24 public service or positions on any issue with the candidate's
1 25 opponent's record of public service or positions on any issue.
1 26 2. A candidate who does not make the pledge to conduct a
1 27 positive campaign under subsection 1 shall include
1 28 conspicuously on any material published by the candidate or
1 29 the candidate's committee the following statement: "This
1 30 candidate did not make the pledge to conduct a positive
1 31 campaign."
1 32 3. Notwithstanding section 56.16, if a candidate makes the
1 33 pledge to conduct a positive campaign and fails to comply with
1 34 the requirements specified under subsection 1 or if a
1 35 candidate who does not make the pledge fails to include the
2 1 statement specified under subsection 2, the board shall not
2 2 refer the matter to the attorney general or county attorney
2 3 for enforcement of criminal penalties but may impose a civil
2 4 penalty against the candidate of five hundred dollars for a
2 5 first violation. If a candidate commits a second or
2 6 succeeding violation, the board shall not refer the matter to
2 7 the attorney general or county attorney but may impose a civil
2 8 penalty against the candidate of one thousand dollars for each
2 9 violation.
2 10 EXPLANATION
2 11 This bill provides for the taking of a voluntary pledge to
2 12 conduct a positive campaign by any candidate and the
2 13 imposition of civil penalties on candidates who either fail to
2 14 abide by the terms of the pledge or fail to include a
2 15 statement on published material indicating that the candidate
2 16 did not take the pledge.
2 17 The pledge to conduct a positive campaign includes a
2 18 promise to not publish material that uses the name of the
2 19 candidate's opponent or compares the public service records
2 20 and positions on issues of the candidate and the candidate's
2 21 opponent. Candidates taking the pledge must also issue
2 22 statements to anyone who makes expenditures or contributions
2 23 in support of the candidate, to the effect that those persons
2 24 should also not use the candidate's opponent's name or compare
2 25 the public service records or positions of the candidate and
2 26 the opponent in any materials that they publish.
2 27 Candidates who do not take the pledge to conduct a positive
2 28 campaign must include a statement on their published material
2 29 that they have not taken the pledge to conduct a positive
2 30 campaign.
2 31 The penalty for the failure of a pledging candidate to
2 32 abide by the terms of the pledge, or the failure by a
2 33 candidate who does not take the pledge to place the required
2 34 statement on published material, is a civil penalty of $500
2 35 for a first violation and a civil penalty of $1,000 for a
3 1 second or subsequent violation.
3 2 LSB 1501YH 77
3 3 lh/jj/8.1
Text: HF00394 Text: HF00396 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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