00                             HOUSE BILL NO. 21                                                                          
01 "An Act relating to false statements in state election advertising; and providing for an                                
02 effective date."                                                                                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 15.13 is amended by adding a new section to read:                                                 
05            Sec. 15.13.092.  False statements in election advertising.  (a)  A person may                            
06       not make a false statement in election advertising with knowledge that the statement is                         
07       false or with a reckless disregard for whether or not the statement is false.                                     
08            (b)  In an administrative complaint under AS 15.13.380 alleging a violation of                               
09       (a) of this section, the complainant shall                                                                        
10                 (1)  identify with specificity the name of the respondent who made the                                  
11       false statement in election advertising;                                                                          
12                 (2)  attach relevant evidence to support the allegation that the statement                              
13       is false; and                                                                                                     
14                 (3)  verify under oath or affirmation before a person authorized by law                                 

01       to take the person's oath or affirmation that the complainant has read the complaint                              
02       and believes its contents to be true.                                                                             
03            (c)  If the person who disseminates the false statement is not the maker of the                              
04       false statement, the person who disseminates the statement violates (a) of this section                           
05       only if the person had actual knowledge that the statement was false before                                       
06       disseminating the statement.                                                                                      
07            (d)  A print or broadcast medium by means of which the election advertising is                               
08       made is not liable for damages caused by the distribution of false information unless                             
09       the owners of the print or broadcast medium knew or had reason to know the                                        
10       information distributed was false.                                                                                
11            (e)  In this section, "election advertising" means an announcement or                                        
12       advertisement that is disseminated through print or broadcast media, including radio,                             
13       television, cable, and satellite, the Internet, or through a mass mailing, the principal                          
14       purpose of which is to influence the outcome of                                                                   
15                 (1)  the election of a candidate; or                                                                    
16                 (2)  an election concerning a ballot proposition; in this paragraph,                                    
17       "proposition" has the meaning given in AS 15.13.065(c).                                                           
18    * Sec. 2.  This Act takes effect immediately under AS 01.10.070(c).