Proposition Summary

ELECTED OFFICIALS. DISQUALIFICATION FOR LIBELOUS OR SLANDEROUS CAMPAIGN STATEMENTS. LEGISLATIVE CONSTITUTIONAL AMENDMENT. Adds a section to the Constitution providing that no person who is found liable in a civil action for making libelous or slanderous statements against an opposing candidate during an election campaign shall retain the seat to which elected where it is judicially found that: (1) the libel or slander was a major contributing cause in the defeat of an opposing candidate and (2) the statement was made with knowledge that it was false or with reckless disregard of whether it was false or true. Contains other provisions. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: Adoption of this measure would have no direct fiscal effect on the state or local governments. If, however, a successful candidate were disqualified from assuming or holding office as a result of the measure, local governments could incur additional costs if an election had to be held to fill the vacancy. These costs could be significant if the election did not coincide with a regularly scheduled election.

Proposition Number

20

Year

1984

Document Type

Proposition

Pass/Fail

Pass

Legislative Vote Results

Assembly - Ayes, 75; Noes, 0 -- Senate - Ayes, 29; Noes, 5

Popular Vote Results

Y: 2472075; A: 51.9; N: 2290901; B: 48.1

Election Type

Primary

Proposition Type

Assembly Constitutional Amendment

Code Sections Affected

Amended Cal. Const. art. VII, section 10

For Author

Art Agnos, Member of the Assembly, 16th District

Against Author

David Bergland, Libertarian Party Candidate for President; Joseph Fuhrig, Libertarian Party Candidate for Congress, San Francisco; Eric Garris, Member, Libertarian Party State Executive Committee

Rebuttal Author

David Bergland, Libertarian Party Candidate for President; Joseph Fuhrig, Libertarian Party Candidate for Congress, 5th District, San Francisco; Robert Daprato, M.D., Libertarian Party Candidate for Assembly, 16th District, San Francisco

Rebuttal Against Author

Art Agnos, Member of the Assembly, 16th District

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