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PAG LIN
1 1 Section 1. Sections 2 through 7 of this Act are created as
1 2 a new division of chapter 56.
1 3 Sec. 2. NEW SECTION. 56.50 DEFINITIONS.
1 4 For purposes of this division, unless the context otherwise
1 5 requires:
1 6 1. "Board" means the truth in campaign practices board.
1 7 2. "Candidate" means a person who has taken affirmative
1 8 action to seek nomination or election to a state legislative
1 9 office or to the office of governor, lieutenant governor,
1 10 secretary of state, auditor of state, treasurer of state,
1 11 attorney general, or secretary of agriculture.
1 12 3. "Candidate's committee" means a candidate's committee
1 13 as defined in section 56.2.
1 14 4. "Negative statement" means a statement which attacks
1 15 the record, reputation, or integrity of a candidate or which
1 16 attacks the reputation or integrity of a member of a
1 17 candidate's immediate family. For purposes of this chapter, a
1 18 candidate's spouse, children, parents, and siblings are
1 19 members of a candidate's immediate family.
1 20 5. "Political organization" means an organization which is
1 21 not a political party but which meets the criteria established
1 22 under section 44.1 for nomination of candidates.
1 23 6. "Political party" means a political party under section
1 24 43.2.
1 25 7. "Statement" means a public written, electronic, or oral
1 26 communication which is made or transmitted by any means. For
1 27 purposes of this definition, a communication is public if it
1 28 is made or transmitted in a manner that can be reasonably
1 29 expected to result in the statement being heard, read, or
1 30 viewed by members of the general public.
1 31 Sec. 3. NEW SECTION. 56.51 STATEMENTS BY OR ABOUT
1 32 CANDIDATES.
1 33 1. A candidate shall not make or cause to be made
1 34 untruthful or deliberately misleading statements regarding a
1 35 candidate. For purposes of this section, a statement shall be
2 1 deemed to have been caused by a candidate if it is made by a
2 2 candidate's designated spokesperson, if it is contained in
2 3 materials produced or paid for by the candidate's committee,
2 4 or if it is contained in materials imputed to a candidate
2 5 under section 56.13.
2 6 2. A person who is not a candidate shall not knowingly
2 7 make untruthful or deliberately misleading statements about a
2 8 candidate.
2 9 3. If a candidate or candidate's committee pays for or
2 10 sponsors an oral negative statement about a candidate, the
2 11 statement shall be stated by the candidate. For purposes of
2 12 this section, a statement which is imputed to a candidate
2 13 under section 56.13 is not sponsored by a candidate or
2 14 candidate's committee.
2 15 Sec. 4. NEW SECTION. 56.52 TRUTH IN CAMPAIGN PRACTICES
2 16 BOARD.
2 17 1. A three-member truth in campaign practices board is
2 18 established as an independent agency to investigate, review,
2 19 and determine the untruthfulness or deliberately misleading
2 20 nature of statements made by candidates, and other persons in
2 21 support or opposition of a candidate, as well as to
2 22 investigate negative statements made about candidates.
2 23 Members of the board shall be appointed by the chief justice
2 24 of the supreme court. Two members of the board shall be
2 25 affiliated with one of the two political parties whose
2 26 candidates for president of the United States or for governor,
2 27 as the case may be, received the largest and next largest
2 28 number of votes at the last general election but neither shall
2 29 be affiliated with the same political party. The other member
2 30 shall not be affiliated with a political party, but may be
2 31 affiliated with a political organization.
2 32 2. Members shall serve staggered four-year terms, which
2 33 shall begin at 12:01 a.m. on May 1 in the year of appointment
2 34 and end at 12:00 midnight on April 30 in the year of
2 35 expiration. Any vacancy on the board shall be filled by
3 1 appointment for the unexpired portion of the term, within
3 2 ninety days of the vacancy and in accordance with the
3 3 procedures for regular appointments. A member of the board
3 4 may be reappointed to serve additional terms on the board.
3 5 Members may be removed in the same manner as provided in
3 6 section 69.15 except that once a vacancy or resignation
3 7 occurs, the governor shall notify the chief justice of the
3 8 supreme court, who shall make another appointment.
3 9 3. The board shall annually elect one member to serve as
3 10 the chairperson of the board and one member to serve as vice
3 11 chairperson. The vice chairperson shall act as the
3 12 chairperson in the absence or disability of the chairperson,
3 13 or in the event of a vacancy in that office.
3 14 4. Members of the board shall receive a per diem as
3 15 specified in section 7E.6 while conducting business of the
3 16 board, and payment of actual and necessary expenses incurred
3 17 in the performance of their duties. Members of the board
3 18 shall file statements of financial interest under section
3 19 68B.35.
3 20 5. The board shall employ a full-time executive director
3 21 who shall be the board's chief administrative officer. The
3 22 board shall employ or contract for the employment of legal
3 23 counsel notwithstanding section 13.7, and may employ any other
3 24 personnel as may be necessary to carry out the duties of the
3 25 board. The board's legal counsel shall be the chief legal
3 26 officer of the board, and shall advise the board on all legal
3 27 matters relating to the administration of this division. The
3 28 state may be represented by the board's legal counsel in any
3 29 civil action regarding the enforcement of this division or, at
3 30 the board's request, the state may be represented by the
3 31 office of the attorney general. Notwithstanding section
3 32 19A.3, all of the board's employees, except for the executive
3 33 director and legal counsel, shall be employed subject to the
3 34 merit system provisions of chapter 19A.
3 35 Sec. 5. NEW SECTION. 56.53 DUTIES OF THE BOARD.
4 1 The duties of the board shall include, but are not limited
4 2 to, all of the following:
4 3 1. Adopt rules pursuant to chapter 17A and conduct
4 4 investigations and hearings pursuant to section 56.54 and
4 5 chapter 17A, as necessary to carry out the purposes of this
4 6 division.
4 7 2. Adopt rules pursuant to chapter 17A establishing
4 8 standards for truthfulness and avoidance of making
4 9 deliberately misleading statements in campaign advertising by
4 10 candidates under this division and requiring candidates to
4 11 personally utter negative statements about candidates if the
4 12 statement is paid for by the candidate or candidate's
4 13 committee.
4 14 3. Develop, prescribe, and furnish any forms necessary for
4 15 the implementation of the procedures contained in this
4 16 division for the filing and hearing of complaints or the
4 17 issuance of advisory opinions.
4 18 4. Establish and impose penalties and any other
4 19 recommendations for punishment of persons who are subject to
4 20 penalties of or punishment by the board for failure to comply
4 21 with the requirements of this division.
4 22 5. Determine, in case of dispute, at what time a person
4 23 has become a candidate.
4 24 6. Preserve copies of complaints, requests, and other
4 25 information filed with the board for a period of at least five
4 26 years from the date of receipt.
4 27 7. Establish a procedure for requesting and issuing formal
4 28 and informal board opinions to candidates and representatives
4 29 of political parties and political organizations. Following
4 30 advice contained in a formal board opinion shall constitute a
4 31 defense to a complaint based upon the same facts and
4 32 circumstances which is filed with the board and which alleges
4 33 a violation of this division or rules of the board.
4 34 8. Establish a procedure for informing candidates and
4 35 other persons of the requirements of this division and rules
5 1 adopted by the board.
5 2 9. Establish fees, where necessary, to cover the costs
5 3 associated with preparing, printing, and distributing
5 4 materials to persons subject to the authority of the board.
5 5 Sec. 6. NEW SECTION. 56.54 COMPLAINTS – INVESTIGATIONS
5 6 – HEARINGS.
5 7 1. A candidate, a representative of a candidate's
5 8 committee, or a representative of a political party or
5 9 political organization may file a complaint with the board
5 10 regarding the untruthfulness or deliberately misleading nature
5 11 of any statement made or caused to be made by a candidate or
5 12 alleging that a candidate or candidate's committee has paid
5 13 for an oral negative statement which was made by someone other
5 14 than the candidate. For purposes of this section, a statement
5 15 is caused to be made by a candidate if it is made by a
5 16 candidate's designated spokesperson, is contained in materials
5 17 produced or paid for by the candidate's committee, as defined
5 18 under chapter 56, or if it is action or is a part of action
5 19 which has been imputed to the candidate under section 56.13.
5 20 2. A complaint shall include all of the following:
5 21 a. The name and address of the complainant.
5 22 b. If the allegation is that an untruthful or deliberately
5 23 misleading statement was made, a recitation of the statement
5 24 alleged to be untruthful or deliberately misleading.
5 25 c. If the allegation is that a negative statement was paid
5 26 for or sponsored by a candidate or candidate's committee and
5 27 was made by a person other than the candidate, a recitation of
5 28 the negative statement.
5 29 d. To the extent known, the time and place or manner in
5 30 which the statement was made.
5 31 e. If the statement complained of was made in writing, a
5 32 copy of the statement.
5 33 f. If the allegation is that an untruthful or deliberately
5 34 misleading statement was made, any circumstances, other than
5 35 the express language of the statement, which cause the
6 1 statement to be untruthful or deliberately misleading.
6 2 g. The name and address, if known, of the candidate or
6 3 other person who made the statement.
6 4 h. If the allegation is that an untruthful or deliberately
6 5 misleading statement was made, a statement of why or how the
6 6 statement complained of is untruthful or deliberately
6 7 misleading.
6 8 i. A certification by the complainant under penalty of
6 9 perjury that the facts stated to be true are true to the best
6 10 of the complainant's knowledge.
6 11 j. Any other relevant information or sources of
6 12 information.
6 13 3. The board staff and legal counsel shall review the
6 14 complaint to determine if the complaint is sufficient as to
6 15 form and legal substance. Deficiency as to form shall not
6 16 preclude consideration of a complaint. If the complaint is
6 17 legally deficient, the complaint shall be returned to the
6 18 complainant with a statement of the deficiency and shall not
6 19 be considered by the board until the deficiency is cured. A
6 20 legally sufficient complaint must meet all of the following
6 21 requirements:
6 22 a. Facts must be alleged that, if proven, would establish
6 23 either that a candidate made or caused to be made an
6 24 untruthful or deliberately misleading statement about another
6 25 opposing candidate or that a candidate caused an oral negative
6 26 statement to be made by someone other than the candidate.
6 27 b. The person making the complaint must be a candidate or
6 28 a representative of a political party or political
6 29 organization.
6 30 c. If the allegation is that an untruthful or deliberately
6 31 misleading statement was made, the complaint must indicate why
6 32 or demonstrate how the statement is untruthful or deliberately
6 33 misleading.
6 34 d. The complaint must be filed within sixty days from the
6 35 date on which the statement that is complained of was made.
7 1 4. Upon receiving a legally sufficient complaint, the
7 2 board shall investigate or cause the investigation of the
7 3 facts alleged in the complaint. Once the investigation is
7 4 completed, the board shall meet and make a determination as to
7 5 whether the statement violates the requirements of this
7 6 division or rules adopted by the board. The meeting shall be
7 7 conducted in the manner provided for contested cases under
7 8 chapter 17A. However, a preponderance of evidence shall be
7 9 required to support a finding that a statement is untruthful
7 10 or deliberately misleading. In addition to holding meetings
7 11 at which two or more members are physically present, meetings
7 12 may be held electronically as provided under section 21.8.
7 13 Notwithstanding section 21.4, subsection 2, public notice of
7 14 the meetings of the board shall be made at a reasonable time
7 15 before the meeting, but no later than eight hours before the
7 16 time set for the meeting to begin.
7 17 5. The board shall render its decision within forty-eight
7 18 hours of receiving a legally valid complaint. If the forty-
7 19 eight-hour period concludes on a weekend or holiday, the
7 20 decision shall be made by the close of business hours on the
7 21 next succeeding business day. If the board finds that the
7 22 statement complained of was untruthful or deliberately
7 23 misleading or that an oral negative statement was made by
7 24 someone other than a candidate and was paid for by the
7 25 candidate or candidate's committee, the board's decision shall
7 26 include an order for any remedy, under section 56.55, that the
7 27 board deems appropriate.
7 28 6. At any stage during the investigation or after the
7 29 filing of a complaint, the board may approve a settlement
7 30 regarding an allegedly untruthful or deliberately misleading
7 31 statement or negative statement made by someone other than a
7 32 candidate. Terms of a settlement shall be reduced to writing
7 33 and be available for public inspection. In addition, the
7 34 board may authorize board staff to seek information in
7 35 voluntary compliance in routine matters brought to the
8 1 attention of the board or its staff.
8 2 7. A complaint shall be a public record. The entire
8 3 record of the board's action, including any investigation,
8 4 shall also be a public record.
8 5 Sec. 7. NEW SECTION. 56.55 REMEDIES.
8 6 1. If the board finds that a candidate or other person has
8 7 made or caused to be made an untruthful or deliberately
8 8 misleading statement, the board shall require a retraction of
8 9 the statement by any person found to be responsible for making
8 10 the statement or causing the statement to be made, within a
8 11 period of time to be specified by the board, in the same
8 12 manner and at the same cost as the original statement. Any
8 13 retraction shall be approved by the board before it is made
8 14 public. The board shall inform the complainant of any
8 15 proposed retraction and permit the complainant to submit
8 16 comments prior to the board's decision on approval or
8 17 disapproval of the proposed language.
8 18 2. In addition to the remedies specified in subsection 1,
8 19 for any violations of this division or rules adopted by the
8 20 board, the board may impose one or more of the following
8 21 penalties:
8 22 a. Issue an order requiring the person to cease and desist
8 23 from the violation.
8 24 b. Issue an order requiring the violator to take any
8 25 remedial action deemed appropriate by the board.
8 26 c. Publicly reprimand the violator for violations of this
8 27 division or rules adopted by the board.
8 28 d. Issue an order requiring the violator to pay a civil
8 29 penalty of not more than fifty thousand dollars for each
8 30 violation of this division or rules adopted by the board.
8 31 3. If a person fails to comply with an order of the board
8 32 under this section, the board may petition the district court
8 33 for an order for enforcement of the order of the board.
8 34 Judicial enforcement of orders of the board shall be sought in
8 35 accordance with chapter 17A.
9 1 4. At any stage in a proceeding, the board may refer the
9 2 complaint and supporting information to the attorney general
9 3 or appropriate county attorney with a recommendation for
9 4 prosecution or enforcement of criminal penalties.
9 5 EXPLANATION
9 6 This bill establishes an independent board with three
9 7 members appointed by the chief justice of the supreme court to
9 8 regulate negative, untrue, or deliberately misleading public
9 9 statements made during state campaigns. The board is to hear
9 10 complaints, adopt rules, and issue advisory and regulatory
9 11 opinions regarding statements made by candidates and other
9 12 persons. Decisions of the board are to be made within 48
9 13 hours of receiving a valid complaint. Complaints regarding
9 14 allegedly untrue or misleading statements must be filed within
9 15 60 days of the date on which the untrue or misleading
9 16 statement was made. The making of untruthful or deliberately
9 17 misleading statements is prohibited. Candidates are also
9 18 required, when engaging in advertising that attacks the
9 19 record, reputation, or integrity of another candidate or the
9 20 reputation or integrity of a candidate's family members, to
9 21 make the statement themselves.
9 22 If a statement is found to be untruthful or deliberately
9 23 misleading, the board is to require retractions of false or
9 24 deliberately misleading statements and may impose other
9 25 appropriate penalties. The penalties that may be imposed by
9 26 the board include reprimands, cease and desist orders, orders
9 27 for other remedial action, and the imposition of up to a
9 28 $50,000 civil penalty.
9 29 LSB 2505SS 77
9 30 lh/jw/5
Text: SF00453 Text: SF00455 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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