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1996 SESSION
HB 1455 False campaign writings and advertisements.
Introduced by: C. Richard Cranwell | all patrons ... notes | add to my profiles
SUMMARY:
Elections; false campaign writings and advertisements; civil cause of action; damages; forfeiture of office. Provides for a civil cause of action by a candidate who is the victim of a false statement in a campaign writing or advertisement made with "actual malice." The candidate may recover a civil judgment equal to three times the actual cost of campaign writings and advertisements made in response to the false statement and reasonable attorneys' fees. If the defendant in the action is the opponent candidate and he won the election, the judge may order that he forfeit the office if the judge finds that the false statement affected the outcome of the election. The plaintiff must prove his case by "clear and convincing" evidence.
FULL TEXT
HISTORY
- 01/22/96 House: Presented & ordered printed 965394176
- 01/23/96 House: Referred to Committee on Privileges and Elections
- 01/30/96 House: Assigned to P. & E. sub-committee: 1
- 02/10/96 House: Continued to 1997 in P. & E. (22-Y 0-N)