AB 723

Currently, the person who pays or assumes responsibility for each

communication made for the purpose of influencing voting at an election must ensure

that the communication identifies the person (including any organization) making

payment for the communication and, unless payment is made by an individual who

serves as his or her own treasurer, the name of the treasurer or other authorized

agent of that person. This bill provides that if the communication appears on

television, that person who pays or assumes responsibility for the communication

must ensure that the required information is read orally during the communication.

The bill requires any person who makes, disseminates, or assumes responsibility for

such a communication to ensure that if the communication makes a factual

statement, it includes a corroborating source for the statement.

Currently, no person may knowingly make or publish, or cause to be made or

published, a false representation pertaining to an election or referendum which is

intended or tends to affect voting at an election. Violators are guilty of a

misdemeanor and may be fined not more than $1,000 or imprisoned for not more than

six months, or both. This bill provides, in addition, that no person may knowingly

make or publish, or cause to be made or published, a representation pertaining to a

candidate or referendum with reckless disregard as to the truth or falsity of the

representation if the representation is intended or tends to affect voting at an

election. The same penalty applies to violators.

The bill also provides that if a candidate believes that a communication for

which attribution is required by law contains false information that is intended or

tends to affect voting at an election at which the candidate seeks office, the candidate

may serve upon the person who pays or assumes responsibility for the

communication a demand for the person to cease dissemination of the false

information in the communication. If the person does not inform the candidate

within 24 hours of that service that the person agrees to cease dissemination of the

false information, the candidate may file a civil action in circuit court requesting

such legal or equitable relief as may be appropriate. The bill directs the court to

promptly set the matter for a hearing to be held within 24 hours after the action is

filed and to issue a decision within 24 hours after the hearing is held. The court may

then order such legal or equitable relief as it considers to be appropriate, which must

include a requirement to disseminate corrective information in the same manner

and to the same extent as the original dissemination was made in accordance with

a specific proposed plan approved by the court. The bill also provides that if the

candidate who brings the action believes that a court order issued in the action is

violated, the candidate may bring suit against the alleged violator, acting on behalf

of the state. If a court finds that a violation has occurred or is occurring, the court

may order the violator to pay a forfeiture (civil penalty) of not more than $100,000

for each violation. Under the bill, the court may award the actual and necessary costs