| Petition for Rulemaking to clarify that R.S. 18:1463(C)(4) of the Election Code prohibiting misrepresentations in political materials applies to deceptive AI campaign communications. |
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R.S. 1463(C)(4) is in the Election Code and prohibits the following: (a) a person from misrepresenting himself or any committee or organization under his control as speaking, writing, or otherwise acting for or on behalf of any candidate, political committee, or political party, or any employee or agent thereof; (b) a person from willfully and knowingly participating in or conspiring to participate in a plan, scheme, or design to misrepresent himself or any committee or organization under his control or under the control of any other participant in the plan, scheme, or design as speaking, writing, or otherwise acting for or on behalf of any candidate, political committee, or political party, or any employee or agent thereo; and, (c) a radio or television broadcaster who broadcasts a paid political announcement or advertisement, the content of which the broadcaster had no input in or control over, is not subject to the provisions of this Paragraph.
A candidate or a voter shall be entitled to a permanent injunction to prevent future violations of this Section. A person who violated this Section can also be fined or possibly imprisoned.
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R.S. 18:1463C(4)(a) No person shall misrepresent himself or any committee or organization under his control as speaking, writing, or otherwise acting for or on behalf of any candidate, political committee, or political party, or any employee or agent thereof. (b) No person shall willfully and knowingly participate in or conspire to participate in a plan, scheme, or design to misrepresent himself or any committee or organization under his control or under the control of any other participant in the plan, scheme, or design as speaking, writing, or otherwise acting for or on behalf of any candidate, political committee, or political party, or any employee or agent thereof. (c) A radio or television broadcaster who broadcasts a paid political announcement or advertisement, the content of which the broadcaster had no input in or control over, is not subject to the provisions of this Paragraph.
R.S. 18:1463D(1) An affected candidate or voter shall be entitled to an injunction to restrain future violations of Subsections B and C of this Section. (2) In the event a permanent injunction is granted, reasonable attorney fees shall be allowed the petitioner by the court which shall be taxed as costs to be paid by the defendant.
R.S. 18:1463G Whoever violates any provision of this Section shall be fined not more than two thousand dollars or be imprisoned, with or without hard labor, for not more than two years, or both.
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Decline Petition for Rulemaking.
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| Assigned Attorney: |
Tracy Barker |
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