House File 747 - Introduced HOUSE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 104) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act prohibiting the dissemination of certain false statements 2 of fact made with actual malice concerning a candidate for 3 public office and providing remedies. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1636HV 81 6 jr/gg/14 PAG LIN 1 1 Section 1. NEW SECTION. 68A.407 DISSEMINATION OF CERTAIN 1 2 FALSE STATEMENTS OF FACT CONCERNING CANDIDATE PROHIBITED == 1 3 REMEDIES. 1 4 1. The general assembly finds that the increasing use of 1 5 false statements of fact aimed at candidates for public office 1 6 impedes campaigns and diminishes the trust and confidence of 1 7 the public in the electoral process. It is not the intent of 1 8 the general assembly to lessen political debate that furthers 1 9 the ability of the public to understand the issues and 1 10 positions of candidates for public office. The general 1 11 assembly declares that a compelling state interest exists in 1 12 prohibiting the use of false statements of fact that impede 1 13 campaigns for public office in Iowa and diminish the public's 1 14 trust and confidence in the electoral process. 1 15 2. As used in this section: 1 16 a. "Actual malice" means knowledge of the falsity of a 1 17 statement or reckless disregard for whether a statement is 1 18 true or false. 1 19 b. "Disseminate" means the act of causing the printing, 1 20 posting, broadcasting, mailing, or other publishing of a false 1 21 statement of fact. 1 22 c. "Public office" means any state, county, city, school, 1 23 or other office of a political subdivision of this state 1 24 filled by election. 1 25 3. A person shall not, with actual malice, cause to be 1 26 disseminated a false statement of fact concerning a candidate 1 27 for public office involving any of the following: 1 28 a. The education or training of the candidate. 1 29 b. The current profession or occupation of the candidate 1 30 or any former profession or occupation of the candidate. 1 31 c. Whether the candidate committed, was indicted for 1 32 committing, or was convicted of committing a crime punishable 1 33 by law. 1 34 d. Whether the candidate was subject to discipline or 1 35 sanction by any body of the federal government, state 2 1 government, or political subdivision of the state. 2 2 e. Whether the candidate has received treatment for a 2 3 mental illness. 2 4 f. Whether another person endorses or opposes the 2 5 candidate. 2 6 g. The record of voting of a candidate if the candidate 2 7 serves or formerly served in an elected office. 2 8 4. Any candidate for public office who alleges that a 2 9 false statement of fact concerning the candidate has been 2 10 disseminated in violation of this section may file a complaint 2 11 with the board. The board shall give priority consideration 2 12 to any complaint filed under this section over all other 2 13 matters pending before the board. 2 14 5. If the board determines that a violation did occur, the 2 15 board may impose any of the recommended actions under section 2 16 68B.32D, except that the board shall not refer any complaint 2 17 or supporting information of a violation of this section to 2 18 the attorney general or any county attorney for prosecution. 2 19 6. This section shall not preclude the filing of a civil 2 20 action based on the same facts or event giving rise to a 2 21 complaint filed with the board under this section. 2 22 7. A person shall not provide information to the board, 2 23 relating to the dissemination of a false statement of fact 2 24 under this section, if the person has actual knowledge that 2 25 the information provided is not true. A person who violates 2 26 this subsection may be assessed a civil penalty as provided in 2 27 section 68B.32D, subsection 1, paragraph "h". 2 28 8. Section 68A.701, which otherwise applies criminal 2 29 penalties for violations of this chapter, shall not apply to 2 30 violations of this section. 2 31 9. This section does not apply to a newspaper, magazine, 2 32 publication, or other print media in which the dissemination 2 33 of a false statement of fact appears, or a radio station, 2 34 television station, or other electronic medium which makes the 2 35 dissemination of a false statement of fact. 3 1 EXPLANATION 3 2 This bill creates new Code section 68A.407 that prohibits 3 3 the dissemination by any person of certain specified false 3 4 statements of fact concerning a candidate for public office. 3 5 The prohibition applies to seven categories of statements 3 6 concerning a candidate and the following: 3 7 1. Education or training. 3 8 2. Profession or occupation. 3 9 3. Any crime punishable by law. 3 10 4. Any governmental discipline or sanctions. 3 11 5. Treatment for a mental illness. 3 12 6. Endorsements. 3 13 7. Voting record. 3 14 To fall within the prohibition, the statement must first be 3 15 false and secondly be made with knowledge of the falsity of 3 16 the statement or reckless disregard for whether the statement 3 17 is true or false. 3 18 Any candidate may file a complaint with the ethics and 3 19 campaign disclosure board. If the board determines that a 3 20 violation did occur, the board may impose any of the 3 21 administrative, noncriminal sanctions and remedial actions 3 22 under Code section 68B.32D. These include a civil penalty of 3 23 not more than $2,000 for each violation. This administrative 3 24 procedure does not preclude the candidate from filing a libel 3 25 action in court. A criminal penalty is made inapplicable to a 3 26 violation of this bill. 3 27 The bill's prohibition does not apply to the print media, 3 28 radio station, or television station which does nothing more 3 29 than disseminate the false statement. 3 30 The bill imposes a penalty on persons who knowingly provide 3 31 false information to the board regarding a violation of this 3 32 section. The board may assess a civil penalty of not more 3 33 than $2,000. 3 34 LSB 1636HV 81 3 35 jr:rj/gg/14