07 LC 33
1606
House
Bill 23
By:
Representatives Keown of the
173rd,
Benton of the
31st,
Jamieson of the
28th,
Maxwell of the
17th,
Maddox of the
172nd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating
to ethics in government, so as to enact the "Fair Campaign Practices Act"; to
provide a short title; to provide a statement of legislative intent; to provide
a Code of Fair Campaign Practices; to provide that every candidate for public
office shall receive a blank form of such code; to provide for the printing of
such forms; to provide for the filing of such forms; to provide that
subscription of such code shall be voluntary; to provide for indications of
filing on political advertising; to provide for statutory construction; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in
government, is amended by inserting at the end thereof the
following:
"ARTICLE
5
21-5-90.
This
article shall be known and may be cited as the 'Fair Campaign Practices
Act.'
21-5-91.
(a)
The purpose of this article is to encourage every candidate for public office in
this state to subscribe to the Code of Fair Campaign Practices.
(b)
It is the intent of the legislature that every candidate that subscribes to the
Code of Fair Campaign Practices will follow the basic principles of decency,
honesty, and fair play to encourage healthy competition and open discussion of
issues and candidate qualifications and to discourage practices that cloud the
issues or unfairly attack opponents.
21-5-92.
(a)
When a candidate for public office in this state files a notice of candidacy or
is nominated for public office, the Secretary of State is directed to ensure
that the candidate receives a blank form of the Code of Fair Campaign Practices
as set out in Code Section 21-5-93 and a copy of this article.
(b)
The Secretary of State shall ensure that each candidate is informed that the
candidate may subscribe to and file the code with the Secretary of State and
that subscription to the code is voluntary.
21-5-93.
The
text of the Code of Fair Campaign Practices shall read as follows:
'Code
of Fair Campaign Practices
There
are basic principles of decency, honesty, and fair play which every candidate
for public office in the State of Georgia has a moral obligation to observe and
uphold in order that after vigorously contested, but fairly conducted, campaigns
our citizens may exercise their constitutional right to a free and untrammeled
choice and the will of the people may be fully and clearly expressed on the
issues.
THEREFORE:
(1)
I shall conduct my campaign openly and publicly and limit attacks on my opponent
to legitimate challenges to my opponent´s record and stated positions on
issues.
(2)
I shall not use or permit the use of character defamation, whispering campaigns,
libel, slander, or scurrilous attacks on any candidate or his or her personal or
family life.
(3)
I shall not use or permit any appeal to negative prejudice based on race, sex,
religion, or national origin.
(4)
I shall not use campaign material of any sort that misrepresents, distorts, or
otherwise falsifies the facts, nor shall I use malicious or unfounded
accusations that aim at creating or exploiting doubts, without justification, as
to the personal integrity or patriotism of my opponent.
(5)
I shall not undertake or condone any dishonest or unethical practice that tends
to corrupt or undermine our system of free elections or that hampers or prevents
the full and free expression of the will of the voters, including any activity
aimed at intimidating voters or discouraging them from voting.
(6)
I shall defend and uphold the right of every qualified voter to full and equal
participation in the electoral process and shall not engage in any activity
aimed at intimidating voters or discouraging them from voting.
(7)
I shall immediately and publicly repudiate others´ methods and tactics that
I have pledged not to use or condone. I shall take firm action against any
subordinate who violates any provision of this code or the laws governing
elections.
I,
the undersigned, candidate for election to public office in the State of
Georgia, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to
conduct my campaign in accordance with the above principles and
practices.
____________________________
_____________________________'
(Date)
(Signature)
21-5-94.
The
Secretary of State shall print, or cause to be printed, blank forms of the Code
of Fair Campaign Practices. The Secretary of State shall supply the forms as
necessary.
21-5-95.
(a)
The Secretary of State shall accept all completed forms submitted pursuant to
this article which are properly subscribed to by a candidate for public
office.
(b)
Each copy of the code pursuant to this article shall be preserved by the
Secretary of State for a period prescribed by the Secretary of State.
21-5-96.
The
subscription to the Code of Fair Campaign Practices by a candidate shall be
voluntary.
21-5-97.
A
candidate that has filed a copy of the Code of Fair Campaign Practices may so
indicate on political advertising in a form to be determined by the Secretary of
State.
21-5-98.
This
article does not create a civil cause of action for recovery of damages or for
enforcement of this article."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.