HOUSE BILL REPORT

HB 657

BYRepresentatives Fisher, Sanders, H. Sommers, Miller, Lewis, Prince, Jacobsen, Fisch, Taylor, Jesernig, Wang, D. Sommers, Sutherland, Kremen, May, Brough, Ferguson, L. Smith, Cooper, Betrozoff, Hankins and Spanel; by request of Public Disclosure Commission

Prohibiting false political advertising.

House Committe on Constitution, Elections & Ethics

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (7)

     Signed by Representatives Fisher, Chair; Pruitt, Vice Chair; Amondson, Barnes, Fisch, Leonard and Sanders.

House Staff:Kenneth Hirst (786-7105)

AS REPORTED BY COMMITTEE ON CONSTITUTION, ELECTIONS & ETHICS

MARCH 5, 1987

BACKGROUND:

The public disclosure statutes prohibit a person from sponsoring political advertising which contains information the person knows to be false.  A person or candidate shall not make, directly or indirectly, a false claim stating or implying the support or endorsement of a person or organization.  No political advertising may falsely represent that a candidate is an incumbent for the office sought.  In general, the responsibility for complying with the disclosure laws regulating political advertising rests with the sponsor of the advertising.

SUMMARY:

SUBSTITUTE BILL:  Provisions of the public disclosure statutes prohibiting various forms of false information in political advertising are amended.  The prohibitions apply to a person's sponsoring political advertising containing such information with knowledge of falsity or with reckless disregard as to truth or falsity.  Such actions by a person are violations of the public disclosure statutes.  The violations must be proven by clear and convincing evidence.

The term "sponsor" is defined for the purposes of the political advertising statutes.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The original bill broadens the category of persons responsible under current law for complying with the statutes concerning political advertising by applying that responsibility to persons who prepare the political advertising or cause it to be prepared. The substitute bill does not expand the category of responsible persons established by current law.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Graham Johnson, Public Disclosure Commission.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     On two occasions, superior courts have questioned the constitutionality of state law regarding false political advertising.  This bill corrects the portion of the current law the constitutionality of which was questioned in those cases.

House Committee - Testimony Against: None Presented.