California Elections Code 20502 – (a) In any action for libel or slander brought by a candidate, …
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(a) In any action for libel or slander brought by a candidate, the willingness or unwillingness of the defendant to retract or correct a communication made in the course of a campaign, and his or her action in doing so, shall be admissible in evidence in the exemplary damages phase of a bifurcated trial.
(b) The remedy provided by this section is in addition to any other remedy provided by law.
Terms Used In California Elections Code 20502
- candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(Enacted by Stats. 1994, Ch. 920, Sec. 2.)