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 any a person to make or
publish any a false statement or charge reflecting on any a candidate's character or morality or to knowingly misrepresent
the voting record or position on public issues of any a candidate or for a candidate to make or publish a false statement
about the candidate's own voting record. A person making such 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
or negligently 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 or negligently make or publish a false statement about the candidate's own
public voting record.
(2) (a) It is unlawful for a person to willfully or negligently 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 or negligently 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 or negligent 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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Latest Version of SB 455 (SB0455.02)
Processed for the Web on February 20, 1999 (12:58PM)
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