SB 616

Under current law, with certain exceptions, no person may post or distribute

any written material that describes the rights or responsibilities of individuals

voting or registering to vote at a polling place or absentee voting site during any of

the following times: 1) during polling hours at a polling place; 2) while voting is

underway at an absentee voting site; or 3) on public property within 100 feet of an

entrance to a building containing a polling place or an absentee voting site during

polling hours or while absentee voting is underway. A person who violates any of

these prohibition may be required to pay a forfeiture (civil penalty) of not more than

$100 for each violation. Also under current law, no person may knowingly make or

publish or cause to be made or published a false representation pertaining to a

candidate or referendum that is intended to affect voting at an election. A person who

violates this prohibition may be fined not more than $1,000 or imprisoned for not

more than six months, or both.

This bill prohibits any person from knowingly providing false election-related

information to an individual with the intent to induce an individual to refrain from

registering to vote or from voting at an election. The bill defines election-related

information as information concerning any of the following: 1) the date, time, place,

or manner of conducting an election; and 2) any qualification for or restriction on the

eligibility of an elector voting at an election, including any criminal penalty

associated with voting in an election or a voter's registration status or eligibility. A

person who violates this provision is guilty of a Class I felony and may be subject to

a fine not to exceed $10,000 or imprisonment not to exceed three years and six

months, or both.

The bill exempts from liability the owner, publisher, printer, agent, or employee

of a newspaper or other publication, including an Internet publication, or of a radio

or television station, including an Internet radio or television station, who in good

faith and without knowledge of its falsity, publishes false election-related

information.

The bill permits a person who believes a violation has occurred to file a verified

complaint with the Government Accountability Board (board). The board must

review the complaint to determine whether the alleged facts would constitute a

violation. If the board determines that the facts, if true, would constitute a violation,

the board must investigate the complaint and, if appropriate, forward the complaint

to the attorney general for prosecution. The board must also take any action

necessary to provide correct election-related information to those persons who might

have received false election-related information. In lieu of prosecuting the action,

the bill permits the attorney general to forward the prosecution to the district

attorney for the county in which the violation is alleged to have occurred.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a