AN ACT CLARIFYING THE APPLICABILITY OF CERTAIN CAMPAIGN LAWS DECLARED TO BE INVALID; ELIMINATING RESTRICTIONS ON SEEKING VOTES ON ELECTION DAY; ELIMINATING WILLFUL OR NEGLIGENT MISREPRESENTATION OF A CANDIDATE'S VOTING RECORD AS A CRIME; AMENDING SECTION 13-37-131, MCA; AND REPEALING SECTION 13-35-233, MCA.

WHEREAS, in National Right to Life Political Action Committee v. Argenbright, Cause No. CV 96-85-H-CCL, U.S. District Court, Helena Division (1997), section 13-35-233, MCA, prohibiting solicitation of votes on election day, was declared unconstitutional; and

WHEREAS, in Parisot v. Argenbright, Cause No. CDV-96-1555, First Judicial District, Lewis and Clark County (1997), the negligence standard for publishing false statements about a candidate's voting record was declared invalid.

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

Section 1. Section 13-37-131, MCA, is amended to read:

"13-37-131. Misrepresentation of voting record -- political civil libel. (1) It is unlawful for a person to misrepresent a candidate's public voting record or any other matter that is relevant to the issues of the campaign with knowledge that the assertion is false or with a reckless disregard of whether or not the assertion is false .

(2) It is unlawful for a person to misrepresent to a candidate another candidate's public voting record or any other matter that is relevant to the issues of the campaign with knowledge that the assertion is false or with a reckless disregard of whether or not the assertion is false.

(3) For the purposes of this section, the public voting record of a candidate who was previously a member of the legislature includes a vote of that candidate recorded in committee minutes or in journals of the senate or the house of representatives. Failure of a person to verify a public voting record is evidence of the person's reckless disregard if the statement made by the person or the information provided to the candidate is false.

(4) A person violating subsection (1) or (2) is liable in a civil action brought by the commissioner or county attorney pursuant to 13-37-124 for an amount up to $1,000. An action pursuant to this section is subject to the provisions of 13-37-129 and 13-37-130."

Section 2. Repealer. Section 13-35-233, MCA, is repealed.

- END -

I hereby certify that the within bill,

SB 0292, originated in the Senate.

Secretary of the Senate

President of the Senate

Signed this	day

of	, .

Speaker of the House

Signed this	day

of	, .

SENATE BILL NO. 292

INTRODUCED BY A. BISHOP

BY REQUEST OF THE SENATE JUDICIARY STANDING COMMITTEE

AN ACT CLARIFYING THE APPLICABILITY OF CERTAIN CAMPAIGN LAWS DECLARED TO BE INVALID; ELIMINATING RESTRICTIONS ON SEEKING VOTES ON ELECTION DAY; ELIMINATING WILLFUL OR NEGLIGENT MISREPRESENTATION OF A CANDIDATE'S VOTING RECORD AS A CRIME; AMENDING SECTION 13-37-131, MCA; AND REPEALING SECTION 13-35-233, MCA.