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:
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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.
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