Bill Text: MS HB798 | 2016 | Regular Session | Introduced

Mississippi House Bill 798 (Prior Session Legislation)

Introduced

Bill Title: Political advertising; require disclaimers on certain kinds of.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2016-02-23 - Died In Committee [HB798 Detail]

Download: Mississippi-2016-HB798-Introduced.html

MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Apportionment and Elections

By: Representative Reynolds

House Bill 798

AN ACT TO CREATE NEW SECTION 23-15-898, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN DISCLAIMERS ON ANY ELECTIONEERING COMMUNICATION OR ANY PUBLIC COMMUNICATION WHICH EXPRESSLY ADVOCATES THE ELECTION OR DEFEAT OF ANY CANDIDATE; TO AMEND SECTION 23-15-879, MISSISSIPPI CODE OF 1972, TO EXEMPT CERTAIN TYPES OF PUBLICATIONS FROM THE DISCLAIMER REQUIREMENT; TO BRING FORWARD SECTIONS 23-15-899, 23-15-877 AND 23-15-897, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 23-15-898, Mississippi Code of 1972:

23-15-898. (1) Any electioneering communication, or any public communication which expressly advocates the election or defeat of a clearly defined candidate or the approval or rejection of a ballot measure, shall contain one of the following disclaimers:

(a) If paid for by a candidate or a candidate's political committee, or agents thereof, it shall clearly state that the communication has been paid for by the candidate or the candidate's political committee; or in the case of a ballot measure, if paid for a ballot measures sponsor or sponsor's political committee, or agents thereof, it shall clearly state it has been paid for by the ballot measures sponsor or sponsor's political committee; or

(b) If paid for by other persons but authorized by a candidate, the candidate's political committee, or agents thereof, it shall clearly state that the communication is paid for by such other persons and authorized by such candidate or candidate's political committee; or, in the case of a ballot measure, if paid for but not authorized by the sponsor, the sponsor's political committee, or agents thereof, it shall clearly state that it has been paid for by such other person or entity and authorized by the sponsor or the sponsor's political committee; or

(c) If not authorized by a candidate, the candidate's political committee, or its agents, it shall clearly state the name and permanent street address, telephone number or World Wide Web (www.) address of the person or entity who paid for the communication and state the communication is not authorized by any candidate or candidate's political committee; or, in the case of a ballot measure, if not authorized by the sponsor, the sponsor's political committee, or its agents, it shall clearly state the name and permanent street address, telephone number or World Wide Web (www.) address of the person or entity who paid for the communication and state the communication is not authorized by the ballot measure's sponsor or the sponsor's political committee.

(2) (a) For the purposes of this section, "electioneering communication" is a communication that refers to a clearly identified candidate without expressly advocating the election or defeat of a candidate but that is susceptible of no reasonable interpretation other than an appeal to vote for or against a specific candidate, is publically distributed within thirty (30) days before a primary election or within sixty (60) days before a general election, and is targeted to the relevant electorate.

(b) For the purposes of this section, "public communication" shall include content which expressly advocates the election or defeat of a clearly defined candidate or the approval or rejection of a ballot measure.

(i) A communication disseminated through a means of communication other than a television station, radio station, cable television system, satellite television system, newspaper, magazine, mass mailings of five hundred (500) or more pieces of mail of an identical or substantially similar nature within any thirty-day period, or telephone banks placing more than five hundred (500) telephone calls of an identical or substantially similar nature within any thirty-day period;

(ii) A communication by an organization, in existence before the time during which a candidate named or depicted qualifies for that election, made in that organization's newsletter, which is distributed only to members of that organization; and

(iii) A communication in a news story, commentary or editorial by a newspaper, a radio or television station, or any other recognized news medium, unless the facility is owned or controlled by a political party, political committee or candidate. A news story, commentary or editorial distributed through the facilities owned or controlled by a political party, political committee or candidate may nevertheless be exempt if it represents a bona fide news account communicated through a licensed broadcasting facility and the communication is part of a general pattern of campaign-related news accounts that give reasonably equal coverage to all opposing candidates in the area.

(3) Any person, candidate, candidate's political committee, ballot measure's sponsor or the sponsor's political committee who violates this section shall be subject to a civil fine by the Secretary of State of Five Hundred Dollars ($500.00) per occurrence. The Secretary of State shall have the authority to appoint a hearing officer to conduct hearings, and issue subpoenas for testimony and the production of books and records, and to produce a recommendation to the Secretary of State. Any appeal from a final order issued by the Secretary of State may be filed in the Circuit Court of Hinds County within thirty (30) days of the final order. Any person, candidate, candidate's political committee, ballot measure's sponsor or the sponsor's political committee who shall wilfully, deliberately and substantially violate this section shall be guilty of a misdemeanor and, upon conviction, thereof shall be punished by a fine in a sum not to exceed Three Thousand Dollars ($3,000.00) or imprisoned for not longer than six (6) months, or both fine and imprisonment.

(4) For the purposes of this section, "ballot measure" and "measure" shall refer to any state initiative, referendum, resolution or other ballot question, including, but not limited to, concurrent resolutions to amend the Mississippi Constitution of 1890, which have been placed on the ballot; and any county, district, municipal or other political subdivision initiative, referendum, resolution or other ballot question, including, but not limited to, bond elections and alcohol referenda.

SECTION 2. Section 23-15-879, Mississippi Code of 1972, is amended as follows:

23-15-879. Sections 23-15-897 and 23-15-898 shall not apply to editorials, original or copies, in any newspaper or other publication regularly published and issued to bona fide paid subscribers, and not published and issued solely or principally for political purposes, or to news matter prepared and written by the regularly employed staff of the paper, or to the printing in said paper of any letter together with the signature thereto, provided that any of the matter so printed and published is not prohibited by the provisions of Section 23-15-875 or 23-15-877, or by some other prohibition of law.

SECTION 3. Section 23-15-899, Mississippi Code of 1972, is brought forward as follows:

23-15-899. Every placard, bill, poster, pamphlet or other printed matter having reference to any election, or to any candidate, that has not been submitted to, and approved and subscribed by a candidate or his campaign manager or assistant manager pursuant to the provisions of Section 23-15-897, shall bear upon the face thereof the name and the address of the author and of the printer and publisher thereof, and failure to so provide shall be a misdemeanor, and it shall be a misdemeanor for any person to mutilate, or remove, previously to the date of the primary, any placard, poster or picture which has been lawfully placed or posted.

SECTION 4. Section 23-15-877, Mississippi Code of 1972, is brought forward as follows:

23-15-877. If during any election campaign in Mississippi any newspaper either domiciled in the state, or outside of the state circulating inside the State of Mississippi, shall print any editorial or news story reflecting upon the honesty or integrity or moral character of any candidate in such campaign or on the honesty and integrity or moral character of any candidate who was elected or defeated in such campaign, such newspaper shall, on the written or telegraphic request of such candidate or his agents, print in such newspaper not later than the second issue of such newspaper following the receipt of such request, a statement by the candidate or his duly accredited representative giving the candidate's reply. Such statement shall be printed in the exact language which the candidate or his representative presents and shall be printed as near as is practical on the same page, in the same position, and in the same size type and headlines as the original editorial or news story reflecting on the candidate had been printed.

This section shall be construed to include those news stories wherein the newspaper quotes from a candidate or individual statements attacking the honesty or integrity or moral character of a candidate or ex-candidate.

If such newspaper fails or refuses to publish such answer when requested, the owner of such newspaper shall be liable to a suit for damages by the candidate claiming to be injured by such publication. In event of a verdict in favor of the plaintiff, the measure of damages shall be the injury suffered or a penalty of Five Hundred Dollars ($500.00), whichever is the larger amount. In all cases, the truth of the charge may be offered as defense to the suit. But nothing herein contained shall be construed to abolish any existing legal rights of action in such cases.

SECTION 5. Section 23-15-897, Mississippi Code of 1972, is brought forward as follows:

23-15-897. No person shall write, print, post or distribute or cause to be distributed, a notice, placard, bill, poster, dodger, pamphlet, advertisement or any other form of publication (except notices, posters, and the like, which simply announce speaking date and invite attendance thereon) which is designed to influence voters for or against any candidate at any election, unless and until the same shall have been submitted to, and approved and subscribed by the candidate or by his campaign manager or assistant manager, which subscription shall in all cases be printed as so subscribed, and not otherwise. As, for instance, it shall be unlawful to write, print, post, distribute or cause to be written, printed, posted or distributed any such matter when the authority therefor is designated simply as "paid political advertisement," or "contributed by a friend," or "contributed by the friends and supporters," and the like. Nor shall any radio or television station allow any time or place on any of its programs for any address for or against any candidate at any election, except in accordance with the provisions of the federal statutes and the rules and regulations of the Federal Communications Commission as applied to the use of radio and television facilities by a candidate or candidates for office. But the aforesaid written or printed matter and the time for radio and television addresses shall be paid for at the usual and ordinary rates, and only by a person authorized to make expenditures in behalf of the candidate, as is provided in this chapter in regard to other expenditures.

For a violation or violations of this section, the offender may be proceeded against as provided in Section 23-15-875.

SECTION 6. This act shall take effect and be in force from and after July 1, 2016.