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