SENATE COMMITTEE SUBSTITUTE FOR

SENATE, No. 611

STATE OF NEW JERSEY

ADOPTED MAY 9, 1996

Sponsored by Senator BUBBA

An Act concerning advertising in election campaigns and supplementing Title 19 of the Revised Statutes.

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

      1. This act shall be known and may be cited at the “Truth-in-Campaigning Act.”

      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;

      “material fact” means any of the following facts about a candidate for nomination or election to a State or local elective public office: 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.

      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 of material fact 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 guilty of a disorderly persons offense and subject to imprisonment up to six months or a fine up to $1,000, or both.

      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 the publisher, owner, agent, or employee of a newspaper or periodical or a radio or television station for 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.

Establishes "Truth-in-Campaigning Act"; prohibits certain false statements in campaign advertisements.