Senators defend panel’s power to police lies in campaigns

Thursday, April 22, 1999 | 12:02 p.m.

Majority Leader Bill Raggio, R-Reno, and Government Affairs Chairwoman Ann O'Connell, R-Las Vegas, oppose AB130, which would curb that power.

The bill by Assemblywoman Chris Giunchigliani, D-Las Vegas, would repeal a 1997 law that allows the Ethics Commission to levy up to $30,000 fines for malicious statements made during campaigns.

"The public is fed up with dirty campaigning," Raggio said. "I can tell you from discussions with other candidates, this did deter them from saying things."

During a Government Affairs meeting Wednesday, Raggio said he wouldn't back Giunchigliani's bill unless an alternative is available for candidates who feel defamed.

Because a court could take years to resolve a libel or defamation lawsuit, Raggio said, a quick way during a campaign must exist for a candidate to secure relief from lies by an opponent.

O'Donnell agreed the law has helped reduce negative campaigning.

"People are more careful about what they are talking about," she said.

The Ethics Commission last year handled 17 complaints from candidates. It levied several steep fines, including one of $5,000 against Assemblyman Bob Beers, R-Las Vegas.

Giunchigliani said the law was an unconstitutional infringement on free speech and has been applied improperly by the Ethics Commission.

"How the statute has been implemented has had a chilling effect on free speech," Giunchigliani said. "I always believe each voter has the common sense to recognize lies, even when cleverly crafted. Voters don't need a nanny."

The Giunchigliani bill has passed the Assembly. Because of her impasse with Senate leaders, the bill could become one of the items negotiated by the two houses in the final days of the session.

Beers, who has appealed his fine in federal court, said the Ethics Commission made legal and factual errors in his case.

"You want laws to quell citizen cynicism," he said. "But you may not be able to reach that."

Kent Lauer, executive director of the Nevada Press Association, said the law as written could lead to anyone who made a political comment being ordered before the Ethics Commission.

"We can't have candidates afraid to criticize opponents because of fear they will be hauled before the Ethics Commission," Lauer said.

American Civil Liberties Union lawyer Allen Lichtenstein called the law unconstitutional. He said his organization would challenge it in court. A similar law in Washington has been thrown out.