COLUMBIA, S.C. - People who maliciously slander political candidates would face up to five years in prison if a North Myrtle Beach senator's proposal becomes law.

It may be a long shot in a state that did away with criminal libel years ago, but Sen. Dick Elliott says something needs to be done to end over-the-top campaign tactics.

When people become candidates, they should expect to be "fair game for all kinds of questions," the coastal Democrat said. "But that doesn't make them unfair game."

A "lifetime of family reputation can fall by the wayside," he said, and that could make people less willing to seek public office. "People will not expose themselves to the often unkind, unfair abuse they would face."

Lawsuits are an option for people who feel slandered or libeled, though the standards for proving that are higher for public officials. But, Elliott said, if the person making the false charges has no assets, the slandered candidate would get nothing. His proposed criminal penalty would target those offenders.

Elliott said people who demonstrate actual malice - knowing a statement is false or having reckless disregard for it being false - would face a criminal charge that could bring a $5,000 fine and up to five years in prison. A candidate still could pursue a civil lawsuit.

Elliott said publishers and broadcasters would not be targets for the penalties.

"I understand his frustration, but it's a slippery slope you're starting down here," said Bill Rogers, executive director of the South Carolina Press Association.

Courts have always protected political speech, Rogers said. A criminal penalty could discourage people from raising issues that are true.

"We just did away with criminal libel some years ago in South Carolina. This would tend to bring it back," Rogers said. "We're not in favor of malicious lies being spread about anybody," but Elliott's bill raises constitutional concerns.

Elliott hopes a Senate Judiciary subcommittee will discuss his bill in the next few weeks.