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Senate File 239

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  56.14A  PUBLICATION OF CERTAIN
  1  2 FALSE STATEMENTS OF FACT CONCERNING CANDIDATE PROHIBITED.
  1  3    1.  As used in this section:
  1  4    a.  "Actual malice" means knowledge of the falsity of a
  1  5 statement or reckless disregard for whether a statement is
  1  6 true or false.
  1  7    b.  "Public office" means any state, county, city, school,
  1  8 or other office of a political subdivision of the state filled
  1  9 by election.
  1 10    c.  "Publish" means the act of printing, posting,
  1 11 broadcasting, mailing, speaking, or otherwise disseminating.
  1 12    2.  It is the intent of the general assembly that campaigns
  1 13 for public office not be impeded by the publication of false
  1 14 statements and that members of the public have trust and
  1 15 confidence in the electoral process.  The general assembly
  1 16 finds that the increasing use of false statements of fact
  1 17 aimed at candidates for public office impedes campaigns and
  1 18 diminishes the trust and confidence of the public in the
  1 19 electoral process.  It is not the intent of the general
  1 20 assembly to lessen political debate that furthers the ability
  1 21 of the public to understand the issues and positions of
  1 22 candidates for public office.  Rather, it is the intent of the
  1 23 general assembly to prohibit the use of false statements of
  1 24 fact that impedes campaigns and diminishes the public's trust
  1 25 and confidence in the electoral process.  The general assembly
  1 26 declares that a compelling state interest exists in
  1 27 prohibiting the use of false statements of fact that impedes
  1 28 campaigns for public office in Iowa and diminishes the
  1 29 public's trust and confidence in the electoral process.
  1 30    3.  A person shall not, with actual malice, cause to be
  1 31 published a false statement of fact concerning a candidate for
  1 32 public office involving any of the following:
  1 33    a.  The education or training of the candidate.
  1 34    b.  The current profession or occupation of the candidate
  1 35 or any former profession or occupation of the candidate.
  2  1    c.  Whether the candidate committed, was indicted for
  2  2 committing, or was convicted of committing a crime punishable
  2  3 by law.
  2  4    d.  Whether the candidate was subject to discipline or
  2  5 sanction by any body of the federal government, state
  2  6 government, or political subdivision of the state.
  2  7    e.  Whether the candidate has received treatment for a
  2  8 mental illness.
  2  9    f.  Whether another person endorses or opposes the
  2 10 candidate.
  2 11    g.  The record of voting of a candidate if the candidate
  2 12 serves or formerly served in an elected office.
  2 13    4.  Any candidate for public office who alleges that a
  2 14 false statement of fact concerning the candidate has been
  2 15 published in violation of this section may file a complaint or
  2 16 relate information to the board for possible board-initiated
  2 17 investigation.
  2 18    5.  If the board determines that a violation has occurred,
  2 19 the board may impose any of the recommended actions under
  2 20 section 68B.32D, except that the board shall not refer any
  2 21 complaint or supporting information of a violation of this
  2 22 section to the attorney general or any county attorney for
  2 23 prosecution.
  2 24    6.  The board shall give priority to any complaint or
  2 25 information for possible board-initiated investigation filed
  2 26 under this section over all other matters pending with the
  2 27 board.
  2 28    7.  This section shall not preclude the filing of a civil
  2 29 action based on the same facts or event giving rise to a
  2 30 complaint filed with the board under this section.
  2 31    8.  Section 56.16, which applies criminal penalties for
  2 32 violations of this chapter, shall not apply to violations of
  2 33 this section.
  2 34    Sec. 2.  NEW SECTION.  56.14B  STATEMENT OF FAIR CAMPAIGN
  2 35 PRACTICES FOR STATE OFFICES.
  3  1    1.  The board shall prepare a statement of fair campaign
  3  2 practices to assist candidates in the proper conduct of
  3  3 political campaigns in accordance with this chapter.
  3  4    2.  A copy of the statement of fair campaign practices
  3  5 shall be mailed to all of the following:
  3  6    a.  Any incumbent state officeholder, listed in section
  3  7 39.9, 39.15, or 39.16, who is a candidate for reelection to
  3  8 office.
  3  9    b.  Any other individual who has been nominated for any
  3 10 elected state office, listed in section 39.9, 39.15, or 39.16,
  3 11 whose candidate's committee has filed a statement of
  3 12 organization for that office pursuant to section 56.5.
  3 13    c.  Any individual who is a candidate for elected office
  3 14 for county, city, school, or other political subdivision that
  3 15 requests a copy of the statement.
  3 16    3.  Candidates choosing to abide by the statement shall
  3 17 sign and return the statement to the board.  Compliance with
  3 18 the provisions of the statement shall be voluntary on the part
  3 19 of any candidate choosing to sign and return the statement to
  3 20 the board.
  3 21    4.  The statement prepared by the board shall be adopted by
  3 22 rule pursuant to chapter 17A.
  3 23    Sec. 3.  SEVERABILITY.  If any section of this Act, or any
  3 24 portion of any section of this Act, or the application of the
  3 25 Act to any person or circumstance is found unconstitutional,
  3 26 invalid, or otherwise unenforceable by a court, the remaining
  3 27 sections or portions of sections shall be given effect to the
  3 28 fullest extent possible.  
  3 29                           EXPLANATION
  3 30    This bill relates to campaign practices under Code chapter
  3 31 56.
  3 32    The bill creates new Code section 56.14A to prohibit a
  3 33 person from publishing with actual malice material pertaining
  3 34 to a political candidate containing a false statement of fact.
  3 35 The specific categories of statements about the candidate
  4  1 regulated by the new Code section include the following:
  4  2 education or training, profession or occupation, criminal
  4  3 record, disciplinary record, treatment for mental illness,
  4  4 candidacy endorsements, and voting record.  The bill defines
  4  5 "publish" to include speaking or printing, as well as other
  4  6 forms of communication.  "Actual malice" includes knowledge of
  4  7 falsity or reckless disregard for the truth.  The bill also
  4  8 defines "public office".
  4  9    New Code section 56.14A requires the ethics and campaign
  4 10 disclosure board ("the board") to give priority to complaints
  4 11 or information relating to issues under this Code section.
  4 12 The criminal misdemeanor penalty in Code section 56.16 is
  4 13 excluded from application to events falling under this new
  4 14 Code section, and the board is instead directed to consider
  4 15 possible remedies under Code section 68B.32D, with the
  4 16 exception of referral for criminal prosecution.  Under Code
  4 17 section 68B.32D, the board could, for example, order a
  4 18 violator to cease and desist, to take remedial action, or to
  4 19 pay a civil penalty of up to $2,000, or the board could issue
  4 20 a public reprimand or recommendation for suspension or removal
  4 21 from office, if appropriate.
  4 22    The bill also directs the board to prepare a statement of
  4 23 fair campaign practices in new Code section 56.14B, to assist
  4 24 candidates in campaign conduct.  The new Code section includes
  4 25 a list of candidates who should receive a copy of the
  4 26 statement.  Compliance is voluntary.
  4 27    The bill also contains a severability provision.  
  4 28 LSB 1792SS 80
  4 29 jj/cl/14.1
     

Text: SF00238                           Text: SF00240
Text: SF00200 - SF00299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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