SENATE STATE GOVERNMENT COMMITTEE

STATEMENT TO

SENATE COMMITTEE SUBSTITUTE FOR

SENATE, No. 611

STATE OF NEW JERSEY

DATED: MAY 9, 1996

      The Senate State Government Committee reports favorably a Senate committee substitute for Senate, No. 611.

      This bill, the "Truth-in-Campaigning Act," provides that no person, with intent to affect the outcome of a campaign for nomination for election or for election to a State, or local elective public office, shall publish, broadcast or otherwise disseminate to the public any campaign advertisement that contains a false statement of material fact about a candidate for nomination or election to a State or local elective public office, with knowledge that the statement is false or with reckless disregard for whether it is false. The prohibition applies to statements made on behalf of, or in opposition to, a candidate and to statements made about oneself or another.

      A "material fact" is defined in the bill as the titles of any offices held or previously held, status as an incumbent, academic degrees or certificates held, the dates or location of education or training, criminal history, mental health history, military record, voting record or endorsements by others.

      A violation of the bill's provisions is a disorderly persons offense and punishable by up to six months' imprisonment or a fine up to $1,000, or both. A bona fide news item or editorial contained in any publication of general circulation is exempt as are acts by the publisher, owner, agent or employee of a newspaper, periodical, radio station or television station in the publication of any advertisement.