(1) The Secretary of State shall reject any statement, argument, translation or other matter offered for filing and publishing in a voters’ pamphlet that:

(a) Contains any obscene, profane or defamatory language;

(b) Incites or advocates hatred, abuse or violence toward any person or group; or

(c) Contains any language which may not legally be circulated through the mails.

(2) Nothing in this chapter shall make the author of any statement, argument or translation exempt from any civil or criminal action because of any defamatory statements offered for publishing or contained in the voters’ pamphlet. The persons writing, signing or offering a statement, argument or translation for filing shall be deemed its authors and publishers.

(3) The Secretary of State by rule shall establish a procedure to notify a person who offered a statement, argument, translation or other matter that was rejected pursuant to this section. Subject to voters’ pamphlet deadlines, the procedure shall require the Secretary of State to:

(a) Make reasonable attempts to notify the person of the rejection; and

(b) Allow the person, if notified pursuant to paragraph (a) of this subsection, to revise the statement, argument or translation so that it does not violate the provisions of this section. [Formerly 255.040; 1993 c.351 § 1; 2021 c.464 § 5]

[1957 c.217 § 5; 1979 c.190 § 318; renumbered 258.046]