H 4606 Session 112 (1997-1998)
H 4606 General Bill, By Townsend
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
8-13-1540 SO AS TO PROVIDE THAT ANY ADVERTISEMENT MATERIAL OR PUBLICATION ON
BEHALF OF A CANDIDATE BY AN ORGANIZATION NOT MEETING THE DEFINITION OF
"COMMITTEE" UNDER SECTION 8-13-1300(6) IS SUBJECT TO THE SAME REQUIREMENTS AS
THE COMMITTEE AND PROVIDE THAT ACTUAL MALICE IS NOT PROVED IN A DEFAMATION
ACTION BY A CANDIDATE AGAINST THIS ORGANIZATION FOR FALSE, ERRONEOUS,
UNFOUNDED INFORMATION, OR ACCUSATIONS.
02/11/98 House Introduced and read first time HJ-6
02/11/98 House Referred to Committee on Judiciary HJ-6
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 8-13-1540 SO AS TO PROVIDE
THAT ANY ADVERTISEMENT MATERIAL OR PUBLICATION
ON BEHALF OF A CANDIDATE BY AN ORGANIZATION NOT
MEETING THE DEFINITION OF "COMMITTEE" UNDER
SECTION 8-13-1300(6) IS SUBJECT TO THE SAME
REQUIREMENTS AS THE COMMITTEE AND PROVIDE THAT
ACTUAL MALICE IS NOT PROVED IN A DEFAMATION
ACTION BY A CANDIDATE AGAINST THIS ORGANIZATION
FOR FALSE, ERRONEOUS, UNFOUNDED INFORMATION, OR
ACCUSATIONS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 8-13-1540. (A) An organization not included within the
definition of 'committee' under Section 8-13-1300(6) is subject to the
same requirements of the committee when the organization endorses
or aligns itself with a candidate.
(B) Actual malice is not an element of defamation action by a
candidate against an organization that endorses or aligns itself with
another candidate for false, erroneous, unfounded information, or
accusations."
SECTION 2. This act takes effect upon approval by the Governor.
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