BILL REQ. #:  S-3813.1 

Read first time 01/14/08.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to false and defamatory statements about candidates for public office; and amending RCW 42.17.530.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 42.17.530 and 2005 c 445 s 10 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 or an electioneering communication that contains a false statement of material fact about a candidate for public office, and is defamatory with regard to that candidate. 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 or an electioneering communication 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 or an electioneering communication 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.