Longtime political activist Janine Hansen urged lawmakers Tuesday for "zero" funding for enforcement of a state law restricting campaign speech.
The Campaign Practices Act is being challenged by the ACLU and Nevada Press Association, as well as several lawmakers who have been penalized by it. It allows anyone who feels a malicious false statement was made about them "with the intent to impede the success of a campaign" to file a complaint with the ethics commission and allows the commission to fine a violator up to $5,000.
Hansen, representing the Independent American Party, told the Ways and Means Committee the law is being imposed by the Ethics Commission "acting as a quasi-judicial body."
"Under this unelected bureaucracy, our free speech is denied," she said. "I encourage you to stop the monitoring of free speech."
Hansen said many complaints have been filed since the law was passed in 1997. She said many of those complaints are dismissed as frivolous, but that they have a chilling effect on candidates.
"Our job is to enforce the laws of the state of Nevada -- not to get into the constitutionality of them," said Ethics Commission Chairman Todd Russell.
Asked whether it was the commission's responsibility to consider the constitutionality and fairness of laws, he agreed.
"We've raised those issues in respect to the campaign practices act," he said.
The ACLU says the law is unconstitutional.
"The idea that a group of political appointees can act as a truth squad is clearly an affront to the constitution," ACLU Director Gary Peck said.
One of those who joined the lawsuit filed this past September is Assemblyman Bob Beers, R-Las Vegas, who sits on the Ways and Means Committee, which heard Hansen's testimony Tuesday. The action has been supported by Ways and Means Vice Chairman Chris Giunchigliani, D-Las Vegas.
The lawsuit is supported by Nevada Press Association Director Kent Lauer who said it "rides roughshod over the First Amendment rights of any person who communicates about a candidate."
Lauer said it would chill meaningful campaign debate. The lawsuit is still in federal court.
