Text: HF00691 Text: HF00693 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 56.14A DISCLOSURES RELATED TO 1 2 POLITICAL TELEPHONE CALLS. 1 3 1. For the purposes of this section, unless the context 1 4 otherwise requires: 1 5 a. "Legitimate poll" means a telephone call conducted by a 1 6 polling firm for the purpose of a scientific poll of 1 7 respondents concerning public opinion concerning a candidate, 1 8 elected public official, or ballot issue that is part of a 1 9 series of like telephone calls that utilizes a scientific 1 10 sampling technique to produce a random sample of interviewees. 1 11 b. "Political telemarketing" means the canvassing of 1 12 persons under the guise of performing a poll or survey, with 1 13 the purpose of encouraging support of, or opposition to, a 1 14 clearly identified candidate for political office or the 1 15 passage or defeat of a clearly identified ballot issue. 1 16 2. The general assembly finds that political telephone 1 17 communication is increasingly used in political campaigns in 1 18 this state in a deceptive manner, including but not limited to 1 19 the use of political telemarketing, also known as push- 1 20 polling, in which an anonymous telephone communication is 1 21 designed to appear as a legitimate poll, but is in fact used 1 22 as a vehicle to sway opinion through innuendo, by the 1 23 communication of certain negative information related to a 1 24 candidate or ballot issue in a manner designed to suggest that 1 25 such information may be true. The general assembly declares 1 26 that a compelling public interest exists to identify the 1 27 source of funding of telephonic communications related to 1 28 elections, in order to prevent corruption and deceit at the 1 29 expense of the electorate and to preserve accountability for 1 30 expenditures made in connection with political campaigns. 1 31 3. A candidate, or the authorized representative of a 1 32 candidate or the candidate's committee, who engages either in 1 33 a telephone communication for the purpose of soliciting 1 34 contributions or in a telephone communication that has the 1 35 effect of promoting or opposing the nomination or election of 2 1 a candidate for public office or the passage of a 2 2 constitutional amendment or public measure, shall disclose all 2 3 of the following by the end of the telephone call: 2 4 a. The identity of the individual who is calling and the 2 5 entity with which the individual is affiliated, if any. 2 6 b. The individual or entity that paid for the telephone 2 7 communication. If a committee has paid for or authorized the 2 8 telephone communication, the name of the committee shall be 2 9 disclosed. If any person other than the candidate or 2 10 candidate's committee has paid for the telephone 2 11 communication, the communication shall also state whether or 2 12 not the communication has been authorized by the candidate 2 13 intended to benefit from the communication. 2 14 c. The name, telephone number, and address of an 2 15 individual whom the call recipient can contact for further 2 16 information regarding the telephone communication. 2 17 4. An individual who, on behalf of, at the direction of, 2 18 or in cooperation with a political committee, engages either 2 19 in a telephone communication for the purpose of soliciting 2 20 contributions or in a telephone communication that has the 2 21 effect of promoting or opposing the nomination or election of 2 22 a candidate for public office or the passage of a 2 23 constitutional amendment or public measure shall disclose all 2 24 of the following by the end of the telephone call: 2 25 a. The identity of the individual who is calling and the 2 26 entity with which the individual is affiliated, if any. 2 27 b. The individual or entity that paid for the telephone 2 28 communication. If a committee has paid for or authorized the 2 29 telephone communication, the name of the committee shall be 2 30 disclosed. If any person other than the candidate or 2 31 candidate's committee has paid for the telephone 2 32 communication, the communication shall also state whether or 2 33 not the communication has been authorized by the candidate 2 34 intended to benefit from the communication. 2 35 c. The name, telephone number, and address of an 3 1 individual whom the call recipient can contact for further 3 2 information regarding the telephone communication. 3 3 5. The board shall adopt rules pursuant to chapter 17A 3 4 establishing procedures to administer this section. 3 5 Sec. 2. NEW SECTION. 56.14B FALSE INFORMATION IN 3 6 POLITICAL MATERIAL. 3 7 1. A person shall not be a sponsor of any published 3 8 material on behalf of or in opposition to any candidate or 3 9 ballot issue that contains any assertion, representation, or 3 10 statement of fact, including, but not limited to, information 3 11 concerning a candidate's prior public record, that the sponsor 3 12 knows to be untrue, deceptive, or misleading. 3 13 2. For purposes of this section, "published material" 3 14 means statements or graphic representations made through any 3 15 public medium that includes, but is not limited to, any of the 3 16 following: 3 17 a. Electronic media such as live or prerecorded radio or 3 18 television broadcasts, broadcasts or transmissions through 3 19 other publicly available electronic communications, and video 3 20 or audio tape recordings that are publicly distributed. 3 21 b. Print media, such as newspapers, pamphlets, folders, 3 22 display cards, signs, posters, or billboard advertisements. 3 23 c. Any other methods or mediums designed for publicly 3 24 advertising or publishing information. 3 25 3. For purposes of this section, "sponsor" means a person 3 26 who pays for or approves published material and shall include 3 27 a candidate or committee that knows and approves of an 3 28 independent expenditure made by another person under section 3 29 56.13. 3 30 HF 692 3 31 jj/es/25
Text: HF00691 Text: HF00693 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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