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California Criminal Liability for False Statements in Election Campaigns Act (2010)

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A California Criminal Liability for False Statements in Election Campaigns Act (09-0049) did not qualify for the November 2, 2010 ballot in California as an initiated constitutional amendment.

On October 8, 2009, Glen C. Simmons filed a request with the Office of the California Attorney General for an official ballot title on an act that he is calling the "California Citizens Initiative."

The petition has been cleared for circulation with a deadline of April 29, 2010.

Goal

California Constitution
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If this measure succeeds, it will impose a variety of penalties, including criminal penalties, on people who materially misrepresent relevant facts in the course of campaigning for candidates or legislative outcomes.

Details

Ballot title: Criminalizes False Statements About Legislative Acts, Elections, or Government Employees. Initiative Constitutional Amendment.

Official summary: Amends constitution to hold candidates for public office, government officials and employees, and members of the media criminally liable for intentionally making a false statement of "material fact" about legislative acts, elections for public office, or the employment or dismissal of government employees. Imposes on violators a 2 to 10 year prison term, a $10,000 to $500,000 fine, or both, and a lifetime ban on serving as a government official or employee, or member of the media. Permits private citizens to criminally prosecute suspected violators.

Estimated fiscal impact: Unknown increase in state criminal justice costs offset partially or entirely by fines levied against persons convicted under the measure.

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