HB 1726 - Campaign literature; identification of authors; repeal provisions

First Reader Summary

A BILL to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to repeal certain provisions requiring the identification of the authors of campaign literature; and for other purposes.

Davis, J. Max (60th) Richardson, James G (26th) Hammontree, James A (4th)
Shanahan, Tom E (10th) Kaye, Mitchell (37th) Benefield, Jimmy W (96th)
Status Summary HC: Judy SC: LA: 02/27/98 H - Favorably Reported (Sub)
Page Numbers - 1/ 2/ 3
Code Sections - 21-2-415/ 21-3-322
House Action Senate
2/18/98 Read 1st Time
2/19/98 Read 2nd Time
2/27/98 Favorably Reported
Sub Committee Amend/Sub

HB 1726                                           LC 22 3163S 
 
               ______________________________ offers the following 
      substitute to HB 1726: 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 21 of the Official Code of Georgia Annotated, 
  1- 2  relating to elections, so as to repeal certain provisions 
  1- 3  requiring the identification of the authors of campaign 
  1- 4  literature; to repeal conflicting laws; and for other 
  1- 5  purposes. 
 
  1- 6       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 7                           SECTION 1. 
 
  1- 8  Title 21 of the Official Code of Georgia Annotated, relating 
  1- 9  to elections, is amended by striking in its entirety Code 
  1-10  Section 21-2-415, relating to requirements as to placing the 
  1-11  identification of persons distributing campaign literature, 
  1-12  and inserting in lieu thereof the following: 
 
  1-13    "21-2-415. 
 
  1-14    (a) No person shall distribute, circulate, disseminate, or 
  1-15    publish or cause to be distributed, circulated, 
  1-16    disseminated, or published any literature in connection 
  1-17    with any political campaign for any public office or 
  1-18    question unless such literature shall bear the name and 
  1-19    address of the person or organization distributing, 
  1-20    circulating, disseminating, publishing, or causing the 
  1-21    same to be distributed, circulated, disseminated, or 
  1-22    published. To be in compliance with this subsection when 
  1-23    an organization rather than a natural person commits any 
  1-24    of the acts enumerated in this subsection, the names and 
  1-25    addresses of at least three of the highest officials 
  1-26    thereof shall also appear thereon. No candidate whose 
  1-27    campaign is the subject of any campaign literature shall 
  1-28    contribute funds to defray the cost or a portion of the 
  1-29    cost of the printing, publishing, distribution, 
  1-30    circulation, or dissemination of such literature unless 
  1-31    the literature clearly states that the cost or a portion 
  1-32    thereof has been paid for by the candidate. Campaign 
  1-33    literature published and disseminated by the candidate 
  1-34    himself, bearing his name and the office for which he is a 
 
 
 
                                 -1- 
 
 
 
  2- 1    candidate, shall be considered as in compliance with this 
  2- 2    subsection.  
 
  2- 3    (b) No person shall use the name or any colorable 
  2- 4    imitation of the name of an existing person or 
  2- 5    organization for the purposes of endorsing, circulating, 
  2- 6    or publishing campaign material without the authorization 
  2- 7    of such person or organization. As used in this 
  2- 8    subsection, the term 'any colorable imitation' means any 
  2- 9    name purposefully used with the intention of the user that 
  2-10    a person reading such name will be misled into believing 
  2-11    that such campaign material is being endorsed, circulated, 
  2-12    or published by a person or organization other than the 
  2-13    true endorser, circulator, or publisher. 
 
  2-14    (c)(b) Any person who violates this Code section shall be 
  2-15    guilty of a misdemeanor." 
 
  2-16                           SECTION 2. 
 
  2-17  Said title is further amended by striking in its entirety 
  2-18  Code Section 21-3-322, relating to requirements as to 
  2-19  placing the identification of persons distributing campaign 
  2-20  literature in municipal elections, and inserting in lieu 
  2-21  thereof the following: 
 
  2-22    "21-3-322. 
 
  2-23    (a) No person shall distribute, circulate, disseminate, 
  2-24    publish, or cause to be distributed, circulated, 
  2-25    disseminated, or published any literature in connection 
  2-26    with any political campaign for any public office or 
  2-27    question, unless such literature shall bear the name and 
  2-28    address of the person or organization distributing, 
  2-29    circulating, disseminating, publishing, or causing the 
  2-30    same to be distributed, circulated, disseminated, or 
  2-31    published. To be in compliance with this Code section, 
  2-32    when an organization rather than a natural person commits 
  2-33    any of the above acts, the names and addresses of at least 
  2-34    three of the highest officials thereof shall also appear 
  2-35    thereon. No candidate whose campaign is the subject of any 
  2-36    campaign literature shall contribute funds to defray the 
  2-37    cost or a portion of the cost of the printing, publishing, 
  2-38    distribution, circulation, or dissemination of such 
  2-39    literature unless the literature clearly states that the 
  2-40    cost or a portion thereof has been paid for by the 
  2-41    candidate.  Campaign literature published and disseminated 
  2-42    by the candidate himself, bearing his name and the office 
 
 
 
                                 -2- 
 
 
 
  3- 1    for which he is a candidate, shall be considered as in 
  3- 2    compliance with this Code section.  
 
  3- 3    (b) No person shall use the name, or any colorable 
  3- 4    imitation of the name, of an existing person or 
  3- 5    organization for the purposes of endorsing, circulating, 
  3- 6    or publishing campaign material, without the authorization 
  3- 7    of such person or organization. For the purposes of this 
  3- 8    Code section, the term 'any colorable imitation' shall 
  3- 9    mean any name purposefully used with the intention of the 
  3-10    user that a person reading such name will be misled into 
  3-11    believing that such campaign material is being endorsed, 
  3-12    circulated, or published by a person or organization other 
  3-13    than the true endorser, circulator, or publisher. 
 
  3-14    (c)(b)  Any person who violates any provision of this Code 
  3-15    section shall be guilty of a misdemeanor." 
 
  3-16                           SECTION 3. 
 
  3-17  All laws and parts of laws in conflict with this Act are 
  3-18  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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