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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