Bill Text: OR HB2896 | 2011 | Regular Session | Introduced

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Bill Title: Relating to actions involving false statements of fact.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2896 Detail]

Download: Oregon-2011-HB2896-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2432

                         House Bill 2896

Sponsored by Representative KENNEMER (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Directs court to award certain damages in action involving
false statement of material fact relating to candidate, political
committee or measure.

                        A BILL FOR AN ACT
Relating to actions involving false statements of fact; creating
  new provisions; and amending ORS 260.532.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 260.532 is amended to read:
  260.532. (1) No person shall cause to be written, printed,
published, posted, communicated or circulated, any letter,
circular, bill, placard, poster, photograph or other publication,
or cause any advertisement to be placed in a publication, or
singly or with others pay for any advertisement, with knowledge
or with reckless disregard that the letter, circular, bill,
placard, poster, photograph, publication or advertisement
contains a false statement of material fact relating to any
candidate, political committee or measure.
  (2) As used in subsection (1) of this section, 'cause' does not
include the broadcast of an advertisement by a radio or
television station or cable television company unless the
advertisement is for:
  (a) The candidacy of the owner, licensee or operator of the
station or company; or
  (b) A ballot measure of which a chief petitioner is the owner,
licensee or operator of the station or company.
  (3) A candidate who knows of and consents to a publication or
advertisement prohibited by this section with knowledge or with
reckless disregard that it contains a false statement of material
fact, violates this section regardless of whether the candidate
has participated directly in the publication or advertisement.
  (4) There is a rebuttable presumption that a candidate knows of
and consents to any publication or advertisement prohibited by
this section caused by a political committee over which the
candidate exercises any direction and control.
  (5) Any candidate or political committee aggrieved by a
violation of this section shall have a right of action against
the person alleged to have committed the violation. The aggrieved
party may file the action in the circuit court for any county in
this state in which a defendant resides or can be found or, if
the defendant is a nonresident of this state, in the circuit
court for any county in which the publication occurred. To
prevail in such an action, the plaintiff must show by clear and
convincing evidence that the defendant violated subsection (1) of
this section.
  (6) { + (a) + }   { - A plaintiff who prevails in an action
provided by subsection (5) of this section may recover economic
and noneconomic damages, as defined in ORS 31.710, or $2,500,
whichever is greater. The court may award such additional
equitable relief as it considers necessary or proper. - }  { +
The court shall award the following to a plaintiff who prevails
in an action under this section:
  (A) An amount equal to three times all economic damages, as
defined in ORS 31.710, or $2,500, whichever is greater.
  (B) An amount equal to three times all noneconomic damages, as
defined in ORS 31.710 and as determined by the trier of fact.
  (C) Reasonable attorney fees incurred by the plaintiff at trial
and on appeal.
  (D) Any additional equitable relief the court considers
necessary or proper, which + }   { - The equitable relief - }
may include, but is not limited to, a requirement that a
retraction of the false statement be disseminated in the manner
directed by the court.
   { +  (b) + } Proof of entitlement to economic and noneconomic
damages  { +  under this section + } must be by a preponderance
of evidence.   { - The court shall award the prevailing party
reasonable attorney fees at trial and on appeal. - }
  (7) A political committee has standing to bring an action
provided by subsection (5) of this section as plaintiff in its
own name, if its purpose as evidenced by its preelection
activities, solicitations and publications has been injured by
the violation and if it has fully complied with the provisions of
this chapter.  In an action brought by a political committee as
provided by subsection (5) of this section, the plaintiff may
recover economic and noneconomic damages for all injury to the
purpose of the committee as provided in subsection (6) of this
section.
  (8) If a judgment is rendered in an action under this section
against a defendant who has been nominated to public office or
elected to a public office other than state Senator or state
Representative, and it is established by clear and convincing
evidence that the false statement was deliberately made or caused
to be made by the defendant, the finder of fact shall determine
whether the false statement reversed the outcome of the election.
If the finder of fact finds by clear and convincing evidence that
the false statement reversed the outcome of the election, the
defendant shall be deprived of the nomination or election and the
nomination or office shall be declared vacant.
  (9) An action under this section must be filed not later than
the 30th day after the election relating to which a publication
or advertisement in violation of this section was made.
Proceedings on a complaint filed under this section shall have
precedence over all other business on the docket. The courts
shall proceed in a manner which will ensure that:
  (a) Final judgment on a complaint which relates to a primary
election or nominating election is rendered before the 30th day
before the general election; and
  (b) Final judgment on a complaint which relates to an election
to an office is rendered before the term of that office begins.
  (10) The remedy provided by this section is the exclusive
remedy for a violation of this section.
  SECTION 2.  { + The amendments to ORS 260.532 by section 1 of
this 2011 Act apply only to causes of action arising on or after
the effective date of this 2011 Act. + }
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