SENATE BILL NO. 455

INTRODUCED BY J. TESTER, R. PECK

A BILL FOR AN ACT ENTITLED: "AN ACT CLARIFYING THAT POLITICAL CRIMINAL AND CIVIL LIBEL PROVISIONS APPLY TO A CANDIDATE'S REPRESENTATIONS OF THE CANDIDATE'S OWN VOTING RECORD; AND AMENDING SECTIONS 13-35-234 AND 13-37-131, MCA."

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

Section 1. Section 13-35-234, MCA, is amended to read:

"13-35-234. Political criminal libel -- misrepresenting voting records. (1) It is unlawful for a person to make or publish a false statement or charge reflecting on a candidate's character or morality or to knowingly misrepresent the voting record or position on public issues of a candidate or for a candidate to make or publish a false statement about the candidate's own voting record. A person making a statement or representation under this subsection with knowledge of its falsity or with a reckless disregard as to whether it is true or not is guilty of a misdemeanor.

(2) In addition to the misdemeanor penalty of subsection (1), a successful candidate who is adjudicated guilty of violating this section may be removed from office as provided in 13-35-106 and 13-35-107."

Section 2. Section 13-37-131, MCA, is amended to read:

"13-37-131. Misrepresentation of voting record -- political civil libel. (1) (a) It is unlawful for a person to willfully make or publish a false statement about a candidate's public voting record or to make or publish a false statement that reflects unfavorably upon a candidate's character or morality.

(b) It is unlawful for a candidate to willfully make or publish a false statement about the candidate's own public voting record.

(2) (a) It is unlawful for a person to willfully provide false information to a candidate concerning another candidate's public voting record when the person knows or should know that the information will be made public during the course of a campaign.

(b) It is unlawful for a candidate to willfully provide false information about the candidate's own voting record when the candidate knows or should know that the information will be made public during the course of a campaign.

(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 willful conduct 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."

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