Assembly passes campaign smear-law repeal

Tuesday, Feb. 16, 1999 | 11:20 a.m.

CARSON CITY -- A bill repealing a two-year-old law allowing the Ethics Commission to fine candidates for unfair statements made during political campaigns was approved by the Assembly on Monday.

"We don't need to protect the voters from harsh words and negative attacks," Assemblywoman Chris Giunchigliani, D-Las Vegas, said.

Giunchigliani, who sponsored Assembly Bill 130, said the present law stifles free speech. "We cannot and should not sacrifice our First Amendment for our own lack of convictions and self-control."

The bill, passed 40-0, goes to the Senate, where it faces an uncertain future. Senate Majority Leader Bill Raggio, R-Reno, who crafted the law two years ago, said he would be willing to listen to arguments if somebody has a way to control the dirty campaigning that has gone on in the past. But so far, he said, nobody has any suggestions.

A political candidate who feels his opponent has made a false statement against him may file a complaint with the state Ethics Commission, which then determines whether it was made with malice and the intent to impede the success of the campaign. The commission has the authority to impose a fine up to $10,000 and up to $30,000 if the statement is made within 10 days of the election.

The largest fine imposed by the commission -- $10,000 -- was levied against North Las Vegas Constable Herb Brown for statements in the flier about Republican candidate Steve Bergstrom's lack of qualifications. The commission levied a $5,000 fine against Assemblyman Bob Beers of Las Vegas in his race for the Republican nomination.

These two and other fines are being challenged in federal court. And the American Civil Liberties Union has filed motions to intervene in the cases, alleging the law is unconstitutional because it violates the right of free speech.

"The repeal of this law does not condone dirty tricks, lies and distortions," Giunchigliani said. "It does not give license to push polls and hit pieces." In push polls, voters are called at random and asked leading questions about candidates designed to influence the voter.

But she said the voters have the "common sense to recognize lies, even though they are cleverly crafted. The voters don't need a law that stifles free speech and honest opinion, even our opinion on the character of our opponents."

Voters, she said, regularly defeat the candidates who conduct negative campaigns. What is needed is "more frank discussion of real issues, not buzz words," she said, advocating "more light, less heat" in the political campaigns.

In discussion of the bill in the Assembly Elections, Procedures and Ethics Committee, the repeal got support from all sides -- both conservatives and liberals and the minor political parties in Nevada.

The original law was part of an omnibus campaign reform bill in 1997 that required candidates to provide greater disclosure of their sources of campaign funds.