Print Friendly SENATE BILL NO. 1446 – Political ads, paid, disclosure
SENATE BILL NO. 1446
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S1446......................................................by STATE AFFAIRS
POLITICAL ADS - Amends and adds to existing law to provide requirements for
disclosures of paid political advertising advocating or opposing candidates
or measures and for independent expenditures; and to clarify that
persuasive poll requirements also apply to measures.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1446
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DISCLOSURES OF PAID POLITICAL ADVERTISING; REPEALING SECTION
3 67-6614A, IDAHO CODE; AMENDING CHAPTER 66, TITLE 67, IDAHO CODE, BY THE
4 ADDITION OF A NEW SECTION 67-6614A, IDAHO CODE, TO PROVIDE REQUIREMENTS
5 FOR DISCLOSURES OF PAID POLITICAL ADVERTISING ADVOCATING OR OPPOSING CAN-
6 DIDATES OR MEASURES AND FOR INDEPENDENT EXPENDITURES; AMENDING SECTION
7 67-6629, IDAHO CODE, TO CLARIFY THAT PERSUASIVE POLL REQUIREMENTS ALSO
8 APPLY TO MEASURES; AND DECLARING AN EMERGENCY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 67-6614A, Idaho Code, be, and the same is hereby
13 SECTION 2. That Chapter 66, Title 67, Idaho Code, be, and the same is
14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
15 ignated as Section 67-6614A, Idaho Code, and to read as follows:
16 67-6614A. DISCLOSURES OF PAID POLITICAL ADVERTISING. (1) In addition to
17 other requirements provided by law, no political committee, person or other
18 entity shall cause any written material, photograph or broadcast which written
19 material, photograph or broadcast was not in existence on January 1, 2002 sup-
20 porting or opposing any candidate or measure for any election to be printed,
21 posted, broadcast, mailed, circulated or otherwise published to the general
22 public unless it states the name and address of the political committee, per-
23 son or other entity authorizing or paying for the costs of the publication,
24 including a statement that the publication was authorized by that committee,
25 person or entity.
26 (2) Whenever a political committee, person or other entity makes an inde-
27 pendent expenditure on a political communication to the general public that
28 advocates the election or defeat of a clearly identified candidate, or which
29 uses a candidate's name or image within sixty (60) days prior to an election,
30 the communication shall include a statement which identifies by name and
31 address any political committee, person or other entity that paid for it. It
32 shall also clearly state that the communication is not authorized by the can-
33 didate or the candidate's principal campaign committee.
34 SECTION 3. That Section 67-6629, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 67-6629. PERSUASIVE POLL CONCERNING CANDIDATE OR MEASURE MUST IDENTIFY
37 PERSON OR ENTITY PAYING FOR POLL. (1) If a person, candidate, political party
38 or political committee requests or compensates a person to:
39 (a) Conduct or cause to be conducted a persuasive poll by telephone con-
40 cerning a candidate or measure; or
41 (b) Produce automated or computerized messages by telephone to conduct a
1 persuasive poll concerning a candidate or measure.
2 The person conducting the poll shall, at the end of the poll, disclose the
3 name and telephone number of the person, candidate, political party or politi-
4 cal committee that requested or compensated the person for the poll.
5 (2) As used in this section, "persuasive poll" means the canvassing of
6 persons, by means other than an established method of scientific sampling, by
7 asking questions or other information concerning a candidate which is designed
8 to provide information that is designed to advocate the election, approval or
9 defeat of a candidate or measure. The term does not include a poll that is
10 conducted only to measure the public's opinion about or reaction to an issue,
11 fact or theme.
12 (3) A violation of the provisions of this section shall be punishable as
13 provided in section 67-6625, Idaho Code.
14 SECTION 4. An emergency existing therefor, which emergency is hereby
15 declared to exist, this act shall be in full force and effect on and after its
16 passage and approval.
STATEMENT OF PURPOSE
At the 2000 Republican State Convention, a resolution was adopted
promoting the concept of truth in sponsorship of campaign
advertising. In the past, unscrupulous political associations
have sponsored less than truthful campaign advertising and covered
their identity. Such ads often appear in last moments prior to an
election and there is no recourse or accountability for the
injustice. This legislation is modeled after the Stand By Your
Ad/Truth in Sponsorship Resolution and tightens the disclosure
requirements in political advertising.
Unless costs would occur as the result of investigation of
additional complaints, none.
Name: John Goedde
STATEMENT OF PURPOSE/FISCAL NOTE S 1446