SENATE BILL 675

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Howie C. Morales

AN ACT

RELATING TO ELECTION ADVERTISING; ENACTING THE TRUTH IN POLITICAL ADVERTISING ACT; REQUIRING ALL CAMPAIGN ADVERTISEMENTS FOR NON-JUDICIAL STATEWIDE ELECTIONS AND LEGISLATIVE ELECTIONS TO BE SUBMITTED TO TWO REVIEW AGENCIES TO BE RATED ON THE TRUTHFULNESS OF THE ADVERTISEMENT; ESTABLISHING PENALTIES; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Truth in Political Advertising Act".

     SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the Truth in Political Advertising Act:

          A. "advertisement" means an advertisement or series of advertisements used for a political purpose and disseminated to the public either in print, by radio or television broadcast or by any other electronic means, including telephonic communications, and may include direct or bulk mailings of printed materials;

          B. "person" means an individual or entity;

          C. "political purpose" means for the purpose of supporting or opposing the nomination or election of candidates; and

          D. "review agency" means a public or private entity chosen by the office of the attorney general to review advertisements under the terms of the Truth in Political Advertising Act.

     SECTION 3. [NEW MATERIAL] REVIEW OF ADVERTISEMENTS REQUIRED.--

          A. An advertisement for a statewide election, except for a campaign for judicial office, or for the state legislature shall be reviewed by two review agencies prior to the advertisement being broadcast, distributed, mailed or otherwise disseminated to the public. The person sponsoring or paying for the advertisement shall submit the advertisement to two of the three review agencies contracted with the office of the attorney general under the Truth in Political Advertising Act.

          B. A review agency shall promptly review an advertisement that is submitted for review and shall score the advertisement on two scales, as follows:

                (1) for its truth or falsity, with a one being untruthful or false and a five being completely truthful; and

                (2) for whether the advertisement is misleading, with a one being an advertisement that is completely misleading and a five being an advertisement that is not at all misleading.

          C. The score given to an advertisement shall be represented graphically for each of the subcategories in Subsection B of this section, except that advertisements produced for radio shall state the score from each review agency at the conclusion of the advertisement. The graphical representations showing the score from each review agency shall be placed at the bottom or the end of each advertisement reviewed.

          D. If the two review agencies to which the advertisement has been submitted disagree on the truthfulness of the advertisement by more than one step for either of the subcategories in Subsection B of this section, the person sponsoring or paying for the advertisement shall submit the advertisement to the third review agency for review.

          E. In the event that an advertisement cannot be reviewed, the statement "This advertisement cannot be rated" shall be printed prominently in place of the graphical representation required pursuant to Subsection C of this section; except that a radio advertisement shall state "This advertisement cannot be rated" at the end of the advertisement.

     SECTION 4. [NEW MATERIAL] CHOOSING NOT TO HAVE AN ADVERTISEMENT REVIEWED--PENALTIES.--

          A. If the person sponsoring or paying for the advertisement does not submit an advertisement for review to at least two review agencies, the person shall be punished with a fine of two times the cost of producing and distributing the advertisement. In addition, the advertisement shall print a disclaimer stating "This advertisement has not been submitted for a rating" prominently in place of the graphic representation required pursuant to Subsection C of Section 3 of the Truth in Political Advertising Act; except that a radio advertisement shall state "This advertisement has not been submitted for a rating" at the end of the advertisement.

          B. A person that does not include the disclaimer required in Subsection A of this section shall be punished with a fine of twenty times the cost of producing and distributing the advertisement.

     SECTION 5. [NEW MATERIAL] OFFICE OF THE ATTORNEY GENERAL TO CONTRACT WITH REVIEW AGENCIES.--The office of the attorney general shall contract with three nonpartisan public or private entities to serve as the review agencies to score advertisements under the Truth in Political Advertising Act.

     SECTION 6. [NEW MATERIAL] RULES.--The office of the attorney general shall establish rules to administer the provisions of the Truth in Political Advertising Act.

     SECTION 7. APPROPRIATION.--Five million dollars ($5,000,000) is appropriated from the general fund to the office of the attorney general for expenditure in fiscal year 2016 and subsequent fiscal years to carry out the purposes of the Truth in Political Advertising Act. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

     SECTION 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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