House Bill 993

AN ACT TO AMEND SECTIONS 97-13-3 AND 23-15-897, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A CANDIDATE, POLITICAL COMMITTEE OR OTHER PERSON SHALL PUBLISH, OR KNOWINGLY CAUSE TO BE PUBLISHED, ANY CAMPAIGN MATERIALS WITHOUT CERTAIN IDENTIFYING INFORMATION, SUCH CANDIDATE, POLITICAL COMMITTEE OR OTHER PERSON SHALL, IF CONVICTED, BE IMPRISONED IN THE COUNTY JAIL NOT MORE THAN ONE YEAR, OR FINED NOT MORE THAN ONE THOUSAND DOLLARS, OR BOTH; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 97-13-3, Mississippi Code of 1972, is amended as follows:

97-13-3. (1) If any person shall offer or give a gift, money, financial award, reward or other promise thereof to another for the purpose of inducing him or her, by any unlawful means not amounting to bribery, to procure any person to vote at any election for or against any person or measure, the person so giving or offering such reward shall, upon conviction thereof, be imprisoned in the county jail not more than one (1) year, or fined not more than One Thousand Dollars ($1,000.00), or both.

(2) If a candidate, political committee or other person shall violate the provisions of Section 23-15-897, the candidate, political committee or other person in violation shall, upon conviction thereof, be imprisoned in the county jail not more than one (1) year, or fined not more than One Thousand Dollars ($1,000.00), or both.

SECTION 2. Section 23-15-897, Mississippi Code of 1972, is amended as follows:

23-15-897. (1) The following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:

(a) "Campaign materials" include any materials designed to influence voters for or against any candidate, party or measure to be voted on at any election, or containing information about any candidate, party or measure paid for by a candidate, political committee, or independent expenditure which requires disclosure under campaign finance laws.

(b) "Publish" means the act or instance of making campaign material available to the public, or to a list of subscribers, by mail, telephone, electronic communications platforms, Internet, software applications, printed materials or any other means of distribution.

(c) "Printed material" shall include, but not be limited to, any notice, placard, bill, poster, dodger, pamphlet, advertisement, sign or any other form of printed publication, except notices, posters and the like, which simply announce a speaking date and invite attendance thereon.

(2) No candidate, political committee or other person shall publish, or knowingly cause to be published, any campaign materials unless it contains the following information:

(a) The name of the candidate along with a statement that the message is approved by the candidate; or

(b) If the message has not been approved by a specific candidate, the name of the person, political committee or organization paying for the publication of the message; or

(c) If the message has not been approved by the candidate and no person, political committee or organization is identified as having paid for the publication, the entity producing the campaign materials must be identified.

(3) Publication of campaign materials through an electronic platform shall be deemed to comply with the requirements of this section if the home page of the candidate or political committee provides the information required by subsection (2), and each electronic publication provides a link to that home page.

(4) For a violation or violations of this section, the offender may be punished as provided for in Section 97-13-3.

SECTION 3. This act shall take effect and be in force from and after July 1, 2020.