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