False statements affecting elections and providing a penalty

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 of prosecution in any such action, including reasonable attorney fees, to the candidate bringing the suit if he or she prevails but any forfeiture recovered is paid to the state.