The proposed bill would significantly update current statutes concerning the use of public resources to influence elections. Under
current law, only the Attorney General, county attorney, or a resident of the county can initiate a suit for violations. The bill introduces
the ability for any resident of the respective jurisdiction to initiate a suit in the superior court of the county where the city, town, county, or school district is located, and mandates that
penalties collected by the court for suits initiated by residents must be paid directly to the resident. Additionally, it clarifies that public entities cannot use resources for election influence, while allowing for the distribution of neutral informational pamphlets about bond elections.
Moreover, the bill modifies the definition of
influence an election to include
any presentation of information that is not impartial or neutral, thereby broadening the scope of what constitutes election influence. It also introduces
technical and conforming changes for clarity and consistency. The maximum civil penalty for violations would increase to over $5,000, with different allocation methods for penalties based on who initiates the action. Overall, these updates aim to empower residents, enhance accountability, and ensure that public resources are not misused in the electoral process while still allowing for neutral public information dissemination.
Statutes affected: Introduced Version: 9-500.14, 11-410, 15-511, 16-192, 35-454, 15-481, 15-491, 15-342
Senate Engrossed Version: 9-500.14, 11-410, 15-511, 16-192, 35-454, 15-481, 15-491, 15-342