ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, Nos. 603 and 538

STATE OF NEW JERSEY

ADOPTED DECEMBER 16, 1996

Sponsored by Assemblymen LUSTBADER, BAGGER and Assemblywoman CRECCO

An Act concerning campaign advertising and supplementing Title 19 of the Revised Statutes.

      Be It Enacted by the Senate and General Assembly of the State of New Jersey:

      1. The Legislature finds and declares that:

      a. the United States Constitution and the Constitution of the State of New Jersey guarantee the citizens of this State the fundamental right to freedom of political expression;

      b. in recognition of the essential importance of this right to the democratic process, the federal and State courts have accorded political speech the highest degree of protection and subjected government regulation thereof to the strictest scrutiny;

      c. for over two centuries the unfettered expression of ideas and discussion of issues in the course of campaigns for public office have helped to preserve our democratic form of government;

      d. while campaigns for public office have traditionally been far from sedate, the vicious personal attacks, deceptive statements and outright lies which now constitute so-called "negative advertising" threaten to undermine the political process;

      e. part of the cost of democracy is toleration of offensive speech and much of what constitutes "negative advertising" is protected speech which is beyond the reach of government regulation;

      f. nevertheless, the courts have recognized that certain types of deliberately false statements made in the context of a campaign for public office may be subject to punishment; and

      g. it is, therefore, time for New Jersey to join approximately 20 other states which penalize certain types of deliberately false campaign advertising.

      2. As used in this act, "campaign advertisement" means a press release, pamphlet, flyer, form letter, sign, billboard or paid advertisement printed in any newspaper or other publication or broadcast on radio or television, or any other form of advertising directed to the electorate, which urges the election or defeat of any candidate for nomination or election to a State or local elective public office.

      3. No person, with intent to affect the outcome of a campaign for nomination or election to a State or local elective public office, shall publish, broadcast or otherwise disseminate to members of the public any campaign advertisement which contains a false statement about a candidate for nomination or election to that office, with knowledge that the statement is false or with reckless disregard for whether it is false. The provisions of this section shall apply to statements made on behalf of, or in opposition to, a candidate and to statements made about oneself or another.

      4. Any person who is found to have violated the provisions of this act shall be subject to a fine of up to $2,500. Any action alleging such a violation shall be brought by the Attorney General in Superior Court in accordance with such rules as the Supreme Court may adopt.

      5. a. The provisions of this act shall not be construed to apply to any bona fide news item or editorial contained in any publication of bona fide general circulation. No penalty shall be imposed under this act upon acts done by the publisher, owner, agent, or employee of a newspaper or periodical or a radio or television station in the publication or dissemination of any advertisement.

      b. The provisions of this act shall not be construed to apply to any candidate for an office of a political party.

      6. This act shall take effect immediately.

Prohibits certain false statements in campaign advertisements.