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AB-1678 Election campaigns: libel and slander.(2023-2024)

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Date Published: 02/17/2023 09:00 PM
AB1678:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1678


Introduced by Assembly Member Hart

February 17, 2023


An act to amend Section 20502 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 1678, as introduced, Hart. Election campaigns: libel and slander.
Existing law provides that libel is a false and unprivileged written publication that injures the reputation and that slander is a false and unprivileged publication, orally uttered, that injures the reputation, as specified. Existing law applies the provisions relating to libel and slander to campaign advertisements and communications, and it further provides that a defendant’s willingness or unwillingness to retract or correct a communication made in the course of a campaign is admissible for purposes of determining damages, as specified.
This bill would make a technical, nonsubstantive change to that provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 20502 of the Elections Code is amended to read:

20502.
 (a) In any action for libel or slander brought by a candidate, the willingness or unwillingness of the defendant to retract or correct a communication made in the course of a campaign, and his or her the defendant’s action in doing so, shall be admissible in evidence in the exemplary damages phase of a bifurcated trial.
(b) The remedy provided by this section is in addition to any other remedy provided by law.