House File 757 - Introduced
HOUSE FILE
BY COMMITTEE ON STATE GOVERNMENT
(SUCCESSOR TO HF 99)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the publication of certain false statements of
2 fact concerning candidates and providing remedies.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1518HV 82
5 jr/je/5
PAG LIN
1 1 Section 1. NEW SECTION. 68A.407 PUBLICATION 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 for
1 12 prohibiting the use of false statements of fact that impedes
1 13 campaigns for public office in this state and diminishes the
1 14 public's 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. "Beneficiary candidate" means a candidate for public
1 20 office who would benefit from materials published as provided
1 21 in paragraph "d".
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 d. "Publish" means any dissemination in print, radio,
1 26 televised, telephonic, or photographic medium or by electronic
1 27 communication in any form.
1 28 3. A candidate, candidate's committee, or political party
1 29 shall not, with actual malice, cause to be published a false
1 30 statement of fact concerning a candidate for public office
1 31 involving any of the following:
1 32 a. The education or training of the candidate.
1 33 b. The current profession or occupation of the candidate.
1 34 c. Whether the candidate committed, was indicted for
1 35 committing, or was convicted of committing a crime punishable
2 1 by law.
2 2 d. Whether the candidate was subject to discipline or
2 3 sanction by any body of the federal government, this state, or
2 4 political subdivision of this state.
2 5 e. Whether the candidate has received treatment for a
2 6 mental illness.
2 7 f. Whether another person endorses or opposes the
2 8 candidate's election.
2 9 g. The record of voting of the candidate if the candidate
2 10 serves or formerly served in elective office. A record of
2 11 voting is deemed to be a false statement of fact unless the
2 12 published material that refers to the prior vote cast by a
2 13 candidate regarding an issue discloses all of the following:
2 14 (1) The total votes cast both for and against that issue.
2 15 (2) The total votes cast by members of each political
2 16 party regarding that issue when applicable.
2 17 h. The voter registration or voting history of the
2 18 candidate.
2 19 4. A political party shall not publish campaign material
2 20 without first disclosing to the beneficiary candidate the
2 21 nature and content of the campaign material. Campaign
2 22 materials published by a political party shall include a
2 23 statement that the material was approved or was not approved
2 24 by the beneficiary candidate.
2 25 5. A candidate for public office who alleges that a false
2 26 statement of fact concerning the candidate has been published
2 27 in violation of this section may file a complaint with the
2 28 board. The board shall give priority consideration to a
2 29 complaint filed under this section over all other matters
2 30 pending before the board.
2 31 6. If the board determines that a violation did occur, the
2 32 board may impose any of the recommended actions under section
2 33 68B.32D, except that the board shall not refer a complaint or
2 34 supporting information alleging a violation of this section to
2 35 the attorney general or any county attorney for prosecution.
3 1 7. This section shall not preclude the filing of a civil
3 2 action based on the same facts or event giving rise to a
3 3 complaint filed with the board under this section.
3 4 8. Section 68A.701, which otherwise applies criminal
3 5 penalties to violations of this chapter, shall not apply to
3 6 violations of this section.
3 7 9. The provisions of this section and the application of
3 8 the provisions are severable as provided in section 4.12.
3 9 EXPLANATION
3 10 This bill creates new Code section 68A.407 that prohibits
3 11 the distribution of false statements of fact, made with actual
3 12 malice, against a candidate for public office. Actual malice
3 13 is defined as either actual knowledge that the statement is
3 14 false or a reckless disregard whether the statement is true or
3 15 false.
3 16 The bill outlines seven areas where false statements are
3 17 prohibited; they involve such things as the education or
3 18 occupation of the candidate, the criminal or disciplinary
3 19 history of the candidate, the mental health of the candidate,
3 20 the voting record or history of the candidate, or endorsements
3 21 by other persons.
3 22 The bill also prohibits a political party from publishing
3 23 campaign material without first advising the candidate. All
3 24 campaign material published by a political party must state
3 25 whether the material has been approved by the candidate.
3 26 Any candidate may file a complaint with the ethics and
3 27 campaign disclosure board. If the board determines that a
3 28 violation did occur, the board may impose any of the sanctions
3 29 and remedial actions under Code section 68B.32D. These
3 30 include a civil penalty of not more than $2,000 for each
3 31 violation. No criminal penalty applies to a violation of the
3 32 bill's provisions.
3 33 LSB 1518HV 82
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