Text: HF00363 Text: HF00365 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 56.13A POLITICAL ADVERTISING –
1 2 CANDIDATE APPROVAL.
1 3 1. As used in this section:
1 4 a. "Advertisement" means, in whole or in part, any
1 5 political solicitation or persuasion in or on a newspaper,
1 6 magazine, shopper publication, outdoor advertising facility,
1 7 poster, direct mailing, brochure, circular, electronic mail,
1 8 or any other form of printed general public political
1 9 solicitation or persuasion, or a communication by radio,
1 10 television, telephone, pictures, or similar means, used in
1 11 connection with a political campaign. "Advertisement" also
1 12 includes a script used for taking a poll of voters, whether in
1 13 person, via computer, or via telephone, as well as scripts for
1 14 polls more commonly known as "push-polls", which are primarily
1 15 intended to persuade voters, rather than measure voter
1 16 preference. "Advertisement" does not include editorials or
1 17 news articles of a newspaper or magazine that are not
1 18 political solicitations connected to a political campaign.
1 19 b. "Public office" means any state, county, city, school,
1 20 or other office of a political subdivision of the state filled
1 21 by election.
1 22 c. "Publish" means the act of printing, posting,
1 23 broadcasting, mailing, speaking, or otherwise disseminating
1 24 information.
1 25 2. A person who publishes an advertisement related to the
1 26 nomination, election, or defeat of a clearly identified
1 27 candidate for public office shall do all of the following
1 28 prior to publication of the advertisement:
1 29 a. If taking such action independently of the candidate or
1 30 candidate's committee, the person shall file a copy of the
1 31 advertisement with the candidate or candidate's committee, at
1 32 the address recorded with the ethics and campaign disclosure
1 33 board for the candidate, at least two weeks prior to the
1 34 proposed date of publication.
1 35 b. Upon receipt of the advertisement copy from an
2 1 independent party, the candidate shall have seventy-two hours
2 2 to review the advertisement, and either sign a release
2 3 approving publication of the advertisement, or sign a document
2 4 indicating that the candidate refuses to approve the
2 5 advertisement as presented. If an advertisement is proposed
2 6 by the candidate's own committee or in coordination with a
2 7 person or persons, the candidate may sign a release upon
2 8 completion of the advertisement indicating agreement to the
2 9 publication of the advertisement.
2 10 c. The original signed release or refusal to approve shall
2 11 be sent by the candidate to the ethics and campaign disclosure
2 12 board and shall remain on file in the candidate's filings.
2 13 The candidate shall return a signed copy of the release or
2 14 refusal by restricted certified mail to the person proposing
2 15 the advertisement, if that person is taking such action
2 16 independently of the candidate or candidate's committee.
2 17 d. A media outlet shall not publish an advertisement
2 18 related to a political candidate without receipt of the signed
2 19 release of approval by the candidate from the person placing
2 20 the advertisement.
2 21 3. This section shall not preclude the filing of a civil
2 22 action based on the same facts or events giving rise to a
2 23 complaint filed with the board under this section.
2 24 4. Section 56.16, which applies criminal penalties for
2 25 violations of chapter 56, shall not apply to violations of
2 26 this section. However, this section shall not preclude
2 27 application of penalties under section 68B.32D, if
2 28 appropriate, with the exception of section 68B.32D, subsection
2 29 1, paragraph "i".
2 30 Sec. 2. SEVERABILITY. If any section of this Act, or any
2 31 portion of any section of this Act, or the application of the
2 32 Act to any person or circumstance is found unconstitutional,
2 33 invalid, or otherwise unenforceable by a court, the remaining
2 34 sections or portions of sections shall be given effect to the
2 35 fullest extent possible.
3 1 EXPLANATION
3 2 This bill adds a new Code section to Code chapter 56,
3 3 regarding campaign activities within the jurisdiction of the
3 4 ethics and campaign disclosure board. New Code section 56.13A
3 5 requires a person placing a political advertisement to file a
3 6 copy of the advertisement with the candidate who is the
3 7 subject of the advertisement at least two weeks prior to the
3 8 proposed publication. The candidate shall have 72 hours to
3 9 review the advertisement and either approve or reject the
3 10 advertisement. A media outlet is prohibited from publishing
3 11 the advertisement without a signed release of approval from
3 12 the candidate.
3 13 The bill includes definitions for "advertisement", "public
3 14 office", and "publish".
3 15 The board may not impose criminal sanctions for violations
3 16 of this section, but separate civil actions arising from the
3 17 same events expressly are not precluded under the new Code
3 18 section. Appropriate remedies may also be pursued under Code
3 19 chapter 68B, with the exception of Code section 68B.32D,
3 20 subsection 1, paragraph "i", which permits the board to refer
3 21 a complaint to the attorney general or a county attorney for
3 22 prosecution or enforcement of criminal penalties.
3 23 The bill also includes a severability clause.
3 24 LSB 1921HH 80
3 25 jj/sh/8
Text: HF00363 Text: HF00365 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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