_______________________________________________
SUBSTITUTE
HOUSE BILL 1673
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1999 Regular Session
State of Washington 56th
Legislature 1999 Regular Session
By
Read first time 03/02/1999.
Penalizing
false political advertising.
AN
ACT Relating to false political advertising; amending RCW 42.17.530; and
creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. (1)
The Washington supreme court in a case involving a ballot measure, State v.
119 Vote No! Committee, 135 Wn.2d 618 (1998), found the statute that
prohibits persons from sponsoring, with actual malice, political advertising
containing false statements of material fact to be invalid under the First
Amendment to the United States Constitution.
(2)
The legislature finds that a review of the opinions indicates that a majority
of the supreme court may find valid a statute that limited such a prohibition
on sponsoring with actual malice false statements of material fact in a
political campaign to statements about a candidate in an election for public
office.
(3)
It is the intent of the legislature to amend the current law to provide
protection for candidates for public office against false statements of
material fact sponsored with actual malice.
Sec.
2. RCW
42.17.530 and 1988 c 199 s 2 are each amended to read as follows:
(1)
It is a violation of this chapter for a person to sponsor with actual malice:
(a)
Political advertising that contains a false statement of material fact about
a candidate for public office. However, this subsection (1)(a) does not apply
to statements made by a candidate or the candidate's agent about the candidate
himself or herself;"
(b)
Political advertising that falsely represents that a candidate is the incumbent
for the office sought when in fact the candidate is not the incumbent;
(c)
Political advertising that makes either directly or indirectly, a false claim
stating or implying the support or endorsement of any person or organization
when in fact the candidate does not have such support or endorsement.
(2) Any violation of this section shall be proven by clear and
convincing evidence.
