citation: ELEC § 17602

text:
(a) The following provisions shall apply to all state or local elections not provided for in subdivision (a) of Section 17601. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office.

(b) The following data shall be kept by the elections official, on electronic media, stored and unaltered, for six months from the date of the election:

(1) All voting system electronic data.

(2) All ballot on demand system electronic data, if applicable.

(3) All adjudication electronic data.

(4) All remote accessible vote by mail system electronic data, if applicable.

(5) All electronic poll book electronic data, if applicable.

(6) HASH values taken from the voting technology devices, if applicable.

(7) All ballot images, if applicable.

(c) If a contest is not commenced within the six-month period, or if a criminal prosecution involving fraudulent use, using the ballot tally system to mark or falsify ballots, or manipulation of the ballot tally system is not commenced within the six-month period, either of which may involve the vote count of the precinct from which voted ballots were received, the elections official shall have the backups destroyed.


kind: section

code: ELEC

citation: ELEC § 17603

text:
(a) Certified voting technology equipment and components that are at the end of lifecycle may be securely disposed of or destroyed with the written approval of the manufacturer and the Secretary of State.

(b) With respect to any part or component of certified voting technology for which the chain of custody has been compromised or the security or information has been breached or attempted to be breached, all of the following shall occur:

(1) The chief elections official of the city, county, or special district and the Secretary of State shall be notified within 24 hours of discovery.

(2) The equipment shall be removed from service immediately and replaced if possible.

(3) The integrity and reliability of the certified voting technology system, components, and accompanying electronic data shall be evaluated to determine whether they can be restored to their original state and reinstated.

history: (History: Added by Stats. 2024, Ch. 605, Sec. 10. (SB 1328) Effective September 25, 2024.)

chapter: 7. Preservation of Electronic Data

path: 17. RETENTION AND PRESERVATION OF ELECTION RECORDS > 7. Preservation of Electronic Data


citation: ELEC § 18000

text: This division applies to all elections.

history: (History: Enacted by Stats. 1994, Ch. 920, Sec. 2.)

division: 18. PENAL PROVISIONS

chapter: 1. General Provisions

path: 18. PENAL PROVISIONS > 1. General Provisions


citation: ELEC § 18001

text: Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or up to twenty-five thousand dollars ($25,000) in cases of felonies, in addition to the imprisonment prescribed.

history: (History: Amended by Stats. 2012, Ch. 497, Sec. 4. (AB 1436) Effective January 1, 2013.)


citation: ELEC § 18002

text:
(a) Every person charged with the performance of any duty under any law of this state relating to elections, who willfully neglects or refuses to perform it, or who, in the person’s official capacity, knowingly and fraudulently acts in contravention or violation of any of those laws, is, unless a different punishment is prescribed by this code, punishable by fine not exceeding one thousand dollars ($1,000) or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or by both that fine and imprisonment.

(b) This section does not apply to Chapters 1 (commencing with Section 6900) and 1.2 (commencing with Section 6911) of Part 2 of Division 6.

history: (History: Amended by Stats. 2022, Ch. 216, Sec. 15. (SB 103) Effective January 1, 2023.)


citation: ELEC § 18100

text:
(a) Every person who willfully causes, procures, or allows himself or herself or any other person to be registered as a voter, knowing that he or she or that other person is not entitled to registration, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail for not more than one year.

(b) Every person who knowingly and willfully signs, or causes or procures the signing of, an affidavit of registration of a nonexistent person, and who mails or delivers, or causes or procures the mailing or delivery of, that affidavit to a county elections official is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail for not more than one year. For purposes of this subdivision, “nonexistent person” includes, but is not limited to, deceased persons, animals, and inanimate objects.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 58. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

chapter: 2. Voter Registration

path: 18. PENAL PROVISIONS > 2. Voter Registration


citation: ELEC § 18101

text: Every person who knowingly and willfully completes, or causes or procures the completion of, in whole or in part, an affidavit of registration or a voter registration card, with the intent to cause the registration or reregistration as a voter of a fictitious person or of any person who has not requested registration or reregistration as a voter, is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail for not more than one year.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 59. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)


citation: ELEC § 18102

text: Any deputy elections official or registration elections official who knowingly registers a nonexistent person, knowingly registers a person under a false name or address, or knowingly registers a person who is ineligible to register is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail for not more than one year.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 60. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)


citation: ELEC § 18103

text: Any person who knowingly or negligently (a) interferes with the prompt transfer of a completed affidavit of registration to the county elections official, (b) retains a voter’s completed registration card, without the voter’s authorization, for more than three days, excluding Saturdays, Sundays, and state holidays, or after the close of registration, or (c) denies a voter the right to return to the county elections official the voter’s own completed registration card, is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).


citation: ELEC § 18104

text: An individual or organization having charge of affidavits of registration is guilty of a misdemeanor who knowingly neglects or refuses to return affidavits of registration as provided in Article 3 (commencing with Section 2138) of Chapter 2 of Division 2. The county elections official shall report to the district attorney of the county, under oath, the names of all individuals or organizations who have failed to return the affidavits. The district attorney shall take appropriate civil or criminal action.

history: (History: Amended by Stats. 2020, Ch. 106, Sec. 5. (AB 3370) Effective January 1, 2021.)


citation: ELEC § 18105

text:
No affidavit of registration or voter registration card shall contain, and no person other than the registrant shall write on or affix thereto, or cause to be written on or affixed thereto, any statement urging or indicating support or opposition to any candidate or measure.

Any person who violates this section is guilty of a misdemeanor.


citation: ELEC § 18106

text:
Every person is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail for not more than one year who, without the specific consent of the affiant, willfully and with the intent to affect the affiant’s voting rights, causes, procures, or allows the completion, alteration, or defacement of the affiant’s party affiliation declaration contained in an executed, or partially executed, affidavit of registration pursuant to paragraph (8) of subdivision (a) of Section 2150 and Section 2151.

This section shall not apply to a county elections official carrying out his or her official duties.

history: (History: Amended by Stats. 2012, Ch. 162, Sec. 47. (SB 1171) Effective January 1, 2013.)


citation: ELEC § 18107

text: Every person who willfully violates Section 2158 is guilty of an infraction, punishable by a fine not to exceed two hundred dollars ($200).


text:
(a) (1) A person who knowingly or willfully pays or offers to pay money or other valuable consideration to another person with the intent to induce the person to vote or to register to vote, or where the payment is contingent upon whether the person voted or the person’s voter registration status, is guilty of a crime.

(2) For purposes of paragraph (1), “other valuable consideration” includes, but is not limited to, a chance to win a lottery or similar prize-drawing contest.

(3) This section does not apply to any of the following:

(A) Transportation to or from a voting location.

(B) Compensation provided to an individual by a governmental entity.

(C) Granting time off to an employee to vote.

(b) A violation of subdivision (a) shall be punishable by a fine of up to ten thousand dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment.

history: (History: Added by Stats. 2025, Ch. 246, Sec. 1. (SB 398) Effective January 1, 2026.)


citation: ELEC § 18108

text:
(a) Except as provided in subdivision (c), a person who receives money or other valuable consideration to assist another to register to vote by receiving the completed affidavit of registration from the elector, and fails to comply with Section 2159, is guilty of a misdemeanor, and shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months or if the failure to comply is found to be willful, not exceeding one year, or both.

(b) A person who receives money or other valuable consideration to assist another to register to vote by receiving the completed affidavit of registration from the elector, upon a third or subsequent conviction, on charges brought and separately tried, for failure to comply with Section 2159 shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not to exceed one year, or both.

(c) This section does not apply to a public agency or its employees that is designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), if an elector asks for assistance to register to vote during the course and scope of the agency’s normal business.

history: (History: Amended by Stats. 2016, Ch. 86, Sec. 123. (SB 1171) Effective January 1, 2017.)


text:
(a) Except as provided in subdivision (c), a person who receives money or other valuable consideration to assist another to register to vote by receiving the completed affidavit of registration from the elector, and knowingly misrepresents himself or herself as having helped register another to vote on a registration form, pursuant to Section 2159, is guilty of a misdemeanor, and shall be punished by a fine not exceeding one thousand dollars ($1,000), by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.

(b) A person who receives money or other valuable consideration to assist another to register to vote by receiving the completed affidavit of registration from the elector, upon a third or subsequent conviction, on charges brought and separately tried, for misrepresenting himself or herself as having helped register another to vote on a registration form, pursuant to Section 2159, shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not to exceed one year, or by both the fine and imprisonment.

(c) This section does not apply to a public agency or its employees that is designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), if an elector asks for assistance to register to vote during the course and scope of the agency’s normal business.

history: (History: Amended by Stats. 2016, Ch. 86, Sec. 124. (SB 1171) Effective January 1, 2017.)


text:
(a) A person, company, or other organization that agrees to pay money or other valuable consideration, whether on a per-affidavit basis or otherwise, to a person who assists another person to register to vote by receiving the completed affidavit of registration, or by assisting with the submission of an affidavit of registration electronically on the Internet Web site of the Secretary of State, who fails to comply with Section 2159.5, is guilty of a misdemeanor, and shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months or when the failure to comply is found to be willful, not exceeding one year, or both.

(b) A person, company, or other organization that agrees to pay money or other valuable consideration, whether on a per-affidavit basis or otherwise, to a person who assists another person to register to vote by receiving the completed affidavit of registration, or by assisting with the submission of an affidavit of registration electronically on the Internet Web site of the Secretary of State, upon a third or subsequent conviction, on charges brought and separately tried, for failure to comply with Section 2159.5 shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not to exceed one year, or both.

(c) An elections official shall notify a person, company, or other organization that agrees to pay money or other valuable consideration, whether on a per-affidavit basis or otherwise, to a person who assists another person to register to vote by receiving the completed affidavit of registration or by assisting with the submission of an affidavit of registration electronically on the Internet Web site of the Secretary of State, that three or more affidavits of registration submitted by a person who assisted another to register to vote do not comply with Sections 18100, 18101, 18103, or 18106. The elections official may forward a copy of each of the noncomplying affidavits of registration to the district attorney, who may make a determination whether probable cause exists to believe that a violation of law has occurred.

(d) This section shall not apply to a public agency or its employees that is designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), when an elector asks for assistance to register to vote during the course and scope of the agency’s normal business.

history: (History: Amended by Stats. 2015, Ch. 732, Sec. 33. (AB 1536) Effective January 1, 2016.)


citation: ELEC § 18109

text:
(a) It is a misdemeanor for a person in possession of information identified in Section 2138.5, or obtained pursuant to Article 5 (commencing with Section 2183) of Chapter 2 of Division 2 of this code or Section 7924.000 of the Government Code, knowingly to use or permit the use of all or any part of that information for any purpose other than as permitted by law.

(b) It is a misdemeanor for a person knowingly to acquire possession or use of voter registration information from the Secretary of State or a county elections official without first complying with Section 2188.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 102. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)


citation: ELEC § 18110

text:
(a) For purposes of this section, “home address” means only street address and does not include an individual’s city or post office address.

(b) Any person or public entity who, in violation of Section 2194, discloses the home address or telephone number listed on a voter registration card of any of the following individuals is guilty of a misdemeanor:

(1) An active or retired peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.

(2) An employee of a city police department or a county sheriff’s office.

(3) The spouse or children of the individuals specified in paragraphs (1) and (2) who live with those individuals.

(c) Any person or public entity, who in violation of Section 2194, discloses the home address or telephone number listed on a voter registration card of any individual specified in paragraph (1), (2), or (3) of subdivision (b), and that violation results in bodily injury to any of those individuals, is guilty of a felony.

history: (History: Added by Stats. 1994, Ch. 1207, Sec. 9. Effective January 1, 1995.)


citation: ELEC § 18111

text: Any person, individual, or organization that knowingly violates Section 2138.5 is guilty of an infraction, punishable by a fine not to exceed five hundred dollars ($500). Prosecution for a violation of Section 2138.5 shall not prohibit prosecution under any other applicable provision of law.

history: (History: Added by Stats. 2007, Ch. 305, Sec. 2. Effective January 1, 2008.)


citation: ELEC § 18112

text: Upon conviction of a violation of any provision of this chapter, the court may order as a condition of probation that the convicted person be prohibited from receiving money or other valuable consideration for assisting another person to register to vote by receiving the completed affidavit of registration.

history: (History: Added by Stats. 2010, Ch. 372, Sec. 1. (AB 2101) Effective January 1, 2011.)


citation: ELEC § 18200

text: Every person who subscribes to any nomination petition a fictitious name, or who intentionally subscribes thereto the name of another, or who causes another to subscribe a fictitious name to a nomination petition, is guilty of a felony and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 62. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

chapter: 3. Nomination of Candidates

path: 18. PENAL PROVISIONS > 3. Nomination of Candidates


citation: ELEC § 18201

text: Any person who falsely makes or fraudulently defaces or destroys all or any part of a nomination paper, is punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years or by both that fine and imprisonment.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 63. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)


citation: ELEC § 18202

text: Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and in the proper place any nomination paper or declaration of candidacy in his or her possession that is entitled to be filed under this code.

history: (History: Enacted by Stats. 1994, Ch. 920, Sec. 2.)


citation: ELEC § 18203

text: Any person who files or submits for filing a nomination paper or declaration of candidacy knowing that it or any part of it has been made falsely is punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years or by both that fine and imprisonment.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 64. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)


citation: ELEC § 18204

text: Any person who willfully suppresses all or any part of a nomination paper or declaration of candidacy either before or after filing is punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years or by both that fine and imprisonment.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 65. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)


citation: ELEC § 18205

text: A person shall not directly or through any other person advance, pay, solicit, or receive or cause to be advanced, paid, solicited, or received, any money or other valuable consideration to or for the use of any person in order to induce a person not to become or to withdraw as a candidate for public office. Violation of this section shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 66. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)


citation: ELEC § 18301

text: In addition to any other penalty, a person who prints or otherwise duplicates, or causes to be printed or duplicated, a simulated ballot or simulated county voter information guide that does not contain the statement required by Section 20009, or that uses an official seal or insignia in violation of Section 20009, is guilty of a misdemeanor.

history: (History: Amended by Stats. 2016, Ch. 422, Sec. 79. (AB 2911) Effective January 1, 2017.)

chapter: 4. Election Campaigns

article: 1. Campaign Literature

path: 18. PENAL PROVISIONS > 4. Election Campaigns > 1. Campaign Literature


citation: ELEC § 18302

text:
(a) A person is guilty of a misdemeanor who knowingly causes to be mailed or distributed, or knowingly mails or distributes, literature to a voter that includes a designation of the voter’s precinct polling place other than a precinct polling place listed for that voter in an official precinct polling list that constituted the latest official precinct polling list at sometime not more than 30 days prior to the mailing or distribution.

(b) A person is guilty of a misdemeanor who, with actual knowledge and intent to deceive, causes to be distributed or distributes, including distribution by mail, radio or television broadcast, telephone call, text message, email, or any other electronic means, including over the Internet, literature or any other form of communication to a voter that includes any of the following:

(1) The incorrect location of a vote center, office of an elections official, satellite office of an elections official where voting is permitted, vote by mail ballot drop box, or vote by mail ballot drop-off location.

(2) False or misleading information regarding the qualifications to vote or to register to vote.

(3) False or misleading information regarding the qualifications to apply for, receive, or return a vote by mail ballot.

(4) False or misleading information regarding the date of an election or the days, dates, or times voting may occur at a place described in paragraph (1).

history: (History: Amended by Stats. 2020, Ch. 109, Sec. 3. (SB 739) Effective September 18, 2020.)

article: 1. Campaign Literature


citation: ELEC § 18303

text: Every person who violates Section 84305 of the Government Code relating to mass mailing is subject to the penal provisions set forth in Chapter 11 (commencing with Section 91000) of Title 9 of the Government Code.

article: 1. Campaign Literature


citation: ELEC § 18304

text:
(a) Any person who uses or allows to be used any reproduction or facsimile of the seal of the county or the seal of a local government agency in any campaign literature or mass mailing, as defined in Section 82041.5 of the Government Code, with intent to deceive the voters, is guilty of a misdemeanor.

(b) For purposes of this section, the use of a reproduction or facsimile of a seal in a manner that creates a misleading, erroneous, or false impression that the document is authorized by a public official is evidence of intent to deceive.

(c) For purposes of this section, the term “local government agency” means a school district, special or other district, or any other board, commission, or agency of local jurisdiction.

history: (History: Added by Stats. 2003, Ch. 380, Sec. 1. Effective January 1, 2004.)

article: 1. Campaign Literature


citation: ELEC § 18310

text: A person shall not directly or through any other person pay or receive any money or other valuable consideration before, during, or after an election in order to reward any person or as a reward for voting for or against or agreeing to vote for or against the election or endorsement of any other person as the nominee or candidate of any caucus, convention, organized assemblage of delegates, or other body representing or claiming to represent a political party, candidate, or principle, or any club, society, or association. A violation of this section shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 67. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 2. Political Party Caucuses

path: 18. PENAL PROVISIONS > 4. Election Campaigns > 2. Political Party Caucuses


citation: ELEC § 18311

text:
Every person is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years who:

(a) Gives or offers a bribe to any officer or member of any political convention, committee, or political gathering of any kind, held for the purpose of nominating candidates for offices of honor, trust, or profit in this state, with intent to influence the person to whom the bribe is given or offered to be more favorable to one candidate than another.

(b) Being a member of any of the bodies mentioned in this section receives or offers to receive any bribe described in subdivision (a).

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 68. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 2. Political Party Caucuses


citation: ELEC § 18320

text:
(a) This act shall be known and may be cited as the “California Political Cyberfraud Abatement Act.”

(b) It is unlawful for a person, with intent to mislead, deceive, or defraud, to commit an act of political cyberfraud.

(c) As used in this section:

(1) “Political cyberfraud” means a knowing and willful act concerning a political Web site that is committed with the intent to deny a person access to a political Web site, deny a person the opportunity to register a domain name for a political Web site, or cause a person reasonably to believe that a political Web site has been posted by a person other than the person who posted the Internet Web site, and would cause a reasonable person, after reading the Internet Web site, to believe the site actually represents the views of the proponent or opponent of a ballot measure or of a candidate for public office. Political cyberfraud includes, but is not limited to, any of the following acts:

(A) Intentionally diverting or redirecting access to a political Web site to another person’s Internet Web site by the use of a similar domain name, meta-tags, or other electronic measures.

(B) Intentionally preventing or denying exit from a political Web site by the use of frames, hyperlinks, mousetrapping, popup screens, or other electronic measures.

(C) Registering a domain name that is similar to another domain name for a political Web site.

(D) Intentionally preventing the use of a domain name for a political Web site by registering and holding the domain name or by reselling it to another with the intent of preventing its use, or both.

(2) “Domain name” means any alphanumeric designation that is registered with or assigned by any domain name registrar, domain name registry, or other domain registration authority as part of an electronic address on the Internet.

(3) “Political Web site” means an Internet Web site that urges or appears to urge the support or opposition of a ballot measure or a candidate for public office.

history: (History: Amended by Stats. 2017, Ch. 715, Sec. 1. (AB 1104) Effective January 1, 2018.)

article: 3. Deceptive Online Activities

path: 18. PENAL PROVISIONS > 4. Election Campaigns > 3. Deceptive Online Activities


citation: ELEC § 18321

text: This article does not apply to a domain name registrar, registry, or registration authority.

history: (History: Added by Stats. 2003, Ch. 277, Sec. 5. Effective January 1, 2004.)

article: 3. Deceptive Online Activities


citation: ELEC § 18322

text: In addition to any other remedies available under law, a court may order the transfer of a domain name as part of the relief awarded for a violation of this article.

article: 3. Deceptive Online Activities


citation: ELEC § 18323

text: Jurisdiction for actions brought pursuant to this article shall be in accordance with Section 410.10 of the Code of Civil Procedure.

article: 3. Deceptive Online Activities


citation: ELEC § 18340

text: Every person who, by threats, intimidations, or unlawful violence, willfully hinders or prevents electors from assembling in public meetings for the consideration of public questions is guilty of a misdemeanor.

article: 4. Political Meetings

path: 18. PENAL PROVISIONS > 4. Election Campaigns > 4. Political Meetings


citation: ELEC § 18350

text:
(a) A person is guilty of a misdemeanor who, with intent to mislead the voters in connection with his or her campaign for nomination or election to a public office, or in connection with the campaign of another person for nomination or election to a public office, does either of the following acts:

(1) Assumes, pretends, or implies, by his or her statements, conduct, or campaign materials, that he or she is the incumbent of a public office when that is not the case.

(2) Assumes, pretends, or implies, by his or her statements, conduct, or campaign materials, that he or she is or has been acting in the capacity of a public officer when that is not the case.

(b) A violation of this section may be enjoined in a civil action brought by a candidate for the public office involved.

history: (History: Amended by Stats. 2015, Ch. 105, Sec. 1. (AB 370) Effective January 1, 2016.)

article: 5. Misrepresentation by Candidates

path: 18. PENAL PROVISIONS > 4. Election Campaigns > 5. Misrepresentation by Candidates


citation: ELEC § 18351

text: Any candidate in an election or incumbent in a recall election who knowingly makes a false statement of a material fact in a candidate’s statement, prepared pursuant to Section 11327 or 13307, with the intent to mislead the voters in connection with his or her campaign for nomination or election to a nonpartisan office is punishable by a fine not to exceed one thousand dollars ($1,000).

article: 5. Misrepresentation by Candidates


citation: ELEC § 18360

text: Any person who violates Section 20201 is guilty of a misdemeanor.

article: 6. Solicitation of Funds

path: 18. PENAL PROVISIONS > 4. Election Campaigns > 6. Solicitation of Funds


citation: ELEC § 18361

text: Upon the complaint of the affected candidate or committee, any person who violates Section 20202 or 20203 is guilty of a misdemeanor.

article: 6. Solicitation of Funds


citation: ELEC § 18370

text:
(a) A person shall not, on election day, or at any time that a voter may be casting a ballot, within the 100 foot limit specified in subdivision (b), do any of the following:

(1) Circulate an initiative, referendum, recall, or nomination petition or any other petition.

(2) Solicit a vote or speak to a voter on the subject of marking the voter’s ballot.

(3) Place a sign relating to voters’ qualifications or speak to a voter on the subject of the voter’s qualifications except as provided in Section 14240.

(4) Do any electioneering as defined by Section 319.5.

(b) The activities described in subdivision (a) are prohibited within 100 feet of either of the following:

(1) The entrance to a building that contains a polling place as defined by Section 338.5, an elections official’s office, or a satellite location.

(2) An outdoor site, including a curbside voting area, at which a voter may cast or drop off a ballot.

(c) A person shall not, on election day, or at any time that a voter may be casting a ballot, do any of the following within the immediate vicinity of a voter in line to cast a ballot or drop off a ballot:

(1) Solicit a vote.

(2) Speak to a voter about marking the voter’s ballot.

(3) Disseminate visible or audible electioneering information.

(d) Any person who violates any of the provisions of this section is guilty of a misdemeanor.

history: (History: Amended by Stats. 2025, Ch. 296, Sec. 5. (AB 1249) Effective January 1, 2026.)

article: 7. Electioneering

path: 18. PENAL PROVISIONS > 4. Election Campaigns > 7. Electioneering


citation: ELEC § 18371

text:
(a) No candidate or representative of a candidate, and no proponent, opponent, or representative of a proponent or opponent, of an initiative, referendum, or recall measure, or of a charter amendment, shall solicit the vote of a vote by mail voter, or do any electioneering, while in the residence or in the immediate presence of the voter, and during the time he or she knows the vote by mail voter is voting.

(b) Any person who knowingly violates this section is guilty of a misdemeanor.

(c) This section shall not be construed to conflict with any provision of the federal Voting Rights Act of 1965, as amended, nor to preclude electioneering by mail or telephone or in public places, except as prohibited by Section 18370, or by any other provision of law.

history: (History: Amended by Stats. 2007, Ch. 508, Sec. 113. Effective January 1, 2008.)

article: 7. Electioneering


citation: ELEC § 18372

text: Notice regarding the prohibitions on electioneering set forth in this article shall be provided to the public. The Secretary of State shall promulgate regulations specifying the manner in which such notice shall be provided.

history: (History: Added by Stats. 2021, Ch. 318, Sec. 5. (SB 35) Effective January 1, 2022.)

article: 7. Electioneering


citation: ELEC § 18380

text:
(a) A person, during any election, shall not do any of the following:

(1) Remove or destroy any of the supplies or other conveniences placed in the voting booths or compartments for the purpose of enabling the voter to prepare his or her ballot.

(2) Remove, tear down, or deface the cards printed for the instruction of voters.

(3) Remove, tear, mark, destroy, or otherwise deface any voter list or roster with the intent to falsify or prevent others from readily ascertaining the name, address, or political preference of any voter, or the fact that a voter has or has not voted.

(4) Remove, tear down, or deface the signs identifying the location of a polling place or identifying areas within 100 feet of a polling place.

(b) Any person who violates any of the provisions of this section is guilty of a misdemeanor.

history: (History: Amended by Stats. 2017, Ch. 806, Sec. 84. (SB 286) Effective January 1, 2018.)

article: 8. Vandalism at Polling Places

path: 18. PENAL PROVISIONS > 4. Election Campaigns > 8. Vandalism at Polling Places


citation: ELEC § 18390

text:
An agency or department of the state shall not use its publications to advise state employees of a constitutional officer’s choice of candidates for public office or for recommending positions on specific ballot propositions not related to the functions of that agency or department.

For purposes of this section “publications” means any written or printed matter including, but not limited to, agency or department memorandums or directives, but shall not include legislative newsletters or state voter information guides.

A state officer who violates this section is guilty of a misdemeanor.

history: (History: Amended by Stats. 2016, Ch. 422, Sec. 80. (AB 2911) Effective January 1, 2017.)

article: 9. Misuse of State Publications

path: 18. PENAL PROVISIONS > 4. Election Campaigns > 9. Misuse of State Publications


citation: ELEC § 18400

text: A person who makes, uses, keeps, or furnishes to others, paper or cards watermarked or overprinted in imitation of ballot paper or ballot cards is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two or three years, or by both that fine and imprisonment.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 69. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

chapter: 5. Ballots

path: 18. PENAL PROVISIONS > 5. Ballots


citation: ELEC § 18401

text: Every person who prints any ballot not in conformity with Chapter 2 (commencing with Section 13100) of Division 13, or who circulates or gives to another any ballot, knowing at the time that the ballot does not conform to Chapter 2 (commencing with Section 13100) of Division 13, is guilty of a misdemeanor.

history: (History: Enacted by Stats. 1994, Ch. 920, Sec. 2.)


citation: ELEC § 18403

text: Any person other than an elections official or a member of the precinct board who receives a voted ballot from a voter or who examines or solicits the voter to show their voted ballot is punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment. This section does not apply to persons returning a vote by mail ballot pursuant to Section 3017 or persons assisting a voter pursuant to Section 14282.

history: (History: Amended by Stats. 2022, Ch. 161, Sec. 35. (AB 2608) Effective August 22, 2022.)


citation: ELEC § 18500

text: Any person who commits fraud or attempts to commit fraud, and any person who aids or abets fraud or attempts to aid or abet fraud, in connection with any vote cast, to be cast, or attempted to be cast, is guilty of a felony, punishable by imprisonment for 16 months or two or three years.

chapter: 6. Corruption of the Voting Process

article: 1. General Provisions

path: 18. PENAL PROVISIONS > 6. Corruption of the Voting Process > 1. General Provisions


citation: ELEC § 18501

text: Any public official who knowingly violates any of the provisions of this chapter, and thereby aids in any way the illegal casting or attempting to cast a vote, or who connives to nullify any of the provisions of this chapter in order that fraud may be perpetrated, shall forever be disqualified from holding office in this state and upon conviction shall be sentenced to a state prison for 16 months or two or three years.

article: 1. General Provisions


citation: ELEC § 18502

text:
(a) Any person who in any manner interferes with the officers holding an election or conducting a canvass, as to prevent the election or canvass from being fairly held and lawfully conducted, or with the voters lawfully exercising their rights of voting at an election, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

(b) For purposes of this section, “officers holding an election or conducting a canvass” include, but are not limited to, the Secretary of State as the chief elections officer, and their staff, as it relates to performance of any of their duties related to administering the provisions of the Elections Code, and elections officials and their staff, including temporary workers and poll workers, and members of a precinct board, in their performance of any duty related to assisting with holding an election or conducting a canvass.

(c) For purposes of this section, “holding an election or conducting a canvass” includes, but is not limited to, the election observation process governed by the Elections Code and applicable regulations adopted by the Secretary of State.

(d) For purposes of this section, “voting at an election” includes, but is not limited to, voting in person at a polling place, the office of the elections official, and satellite locations, and voting by mail and returning a voted ballot pursuant to subdivision (a) of Section 3017.

history: (History: Amended by Stats. 2025, Ch. 296, Sec. 6. (AB 1249) Effective January 1, 2026.)

article: 1. General Provisions


citation: ELEC § 18503

text: An employer who violates Section 14004 shall be subject to a civil fine of up to ten thousand dollars ($10,000) per election. An action for a civil fine under this subdivision may be brought by the Secretary of State or any public prosecutor with jurisdiction.

history: (History: Added by Stats. 2019, Ch. 223, Sec. 4. (AB 17) Effective January 1, 2020.)

article: 1. General Provisions


citation: ELEC § 18504

text: Notice regarding the prohibitions on activity related to corruption of the voting process set forth in this chapter shall be provided to the public. The Secretary of State shall promulgate regulations specifying the manner in which such notice shall be provided.

history: (History: Added by Stats. 2021, Ch. 318, Sec. 6. (SB 35) Effective January 1, 2022.)

article: 1. General Provisions


citation: ELEC § 18520

text:
A person shall not directly or through another person give, offer, or promise any office, place, or employment, or promise to procure or endeavor to procure any office, place, or employment to or for any voter, or to or for any other person, in order to induce that voter at any election to:

(a) Refrain from voting.

(b) Vote for any particular person.

(c) Refrain from voting for any particular person.

A violation of any of the provisions of this section shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 72. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 2. Corruption of Voters

path: 18. PENAL PROVISIONS > 6. Corruption of the Voting Process > 2. Corruption of Voters


citation: ELEC § 18521

text:
A person shall not directly or through any other person receive, agree, or contract for, before, during or after an election, any money, gift, loan, or other valuable consideration, office, place, or employment for himself or any other person because he or any other person:

(a) Voted, agreed to vote, refrained from voting, or agreed to refrain from voting for any particular person or measure.

(b) Remained away from the polls.

(c) Refrained or agreed to refrain from voting.

(d) Induced any other person to:

(1) Remain away from the polls.

(2) Refrain from voting.

(3) Vote or refrain from voting for any particular person or measure.

Any person violating this section is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 73. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 2. Corruption of Voters


citation: ELEC § 18522

text:
Neither a person nor a controlled committee shall directly or through any other person or controlled committee pay, lend, or contribute, or offer or promise to pay, lend, or contribute, any money or other valuable consideration to or for any voter or to or for any other person to:

(a) Induce any voter to:

(1) Refrain from voting at any election.

(2) Vote or refrain from voting at an election for any particular person or measure.

(3) Remain away from the polls at an election.

(b) Reward any voter for having:

(1) Refrained from voting.

(2) Voted for any particular person or measure.

(3) Refrained from voting for any particular person or measure.

(4) Remained away from the polls at an election.

Any person or candidate violating this section is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 74. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 2. Corruption of Voters


citation: ELEC § 18523

text:
A person shall not directly or through any other person advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that it, or any part thereof, shall be used in bribery at any election, or knowingly pay or cause to be paid any money or other valuable thing to any person in discharge or repayment of any money, wholly or in part, expended in bribery at any election.

Any person violating this section is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 75. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 2. Corruption of Voters


citation: ELEC § 18524

text:
A person shall not directly or through any other person advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that it, or any part thereof, will be used for boarding, lodging, or maintaining a person at any place or domicile in any election precinct, ward, or district, with intent to secure the vote of that person or to induce that person to vote for any particular person or measure.

Any person violating this section is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 76. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 2. Corruption of Voters


citation: ELEC § 18540

text:
(a) Every person who makes use of or threatens to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

(b) Every person who hires or arranges for any other person to make use of or threaten to make use of any force, violence, or tactic of coercion or intimidation, to induce or compel any other person to vote or refrain from voting at any election or to vote or refrain from voting for any particular person or measure at any election, or because any person voted or refrained from voting at any election or voted or refrained from voting for any particular person or measure at any election is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

(c) For purposes of this section, “voting at any election” includes, but is not limited to, voting in person at a polling place, the office of the elections official, and satellite locations, and voting by mail and returning a voted ballot pursuant to subdivision (a) of Section 3017.

history: (History: Amended by Stats. 2025, Ch. 296, Sec. 7. (AB 1249) Effective January 1, 2026.)

article: 3. Intimidation of Voters

path: 18. PENAL PROVISIONS > 6. Corruption of the Voting Process > 3. Intimidation of Voters


citation: ELEC § 18541

text:
(a) A person shall not, with the intent of dissuading another person from voting, within the 100 foot limit specified in subdivision (b), do any of the following:

(1) Solicit a vote or speak to a voter on the subject of marking the voter’s ballot.

(2) Place a sign relating to voters’ qualifications or speak to a voter on the subject of the voter’s qualifications except as provided in Section 14240.

(3) Photograph, video record, or otherwise record a voter entering or exiting a polling place.

(4) Obstruct ingress, egress, or parking.

(b) The activities described in subdivision (a) are prohibited within 100 feet of either of the following:

(1) The entrance to a building that contains a polling place as defined by Section 338.5, an elections official’s office, or a satellite location.

(2) An outdoor site, including a curbside voting area, at which a voter may cast or drop off a ballot.

(c) A person shall not, with the intent of dissuading another person from voting, do any of the following within the immediate vicinity of a voter in line to cast a ballot or drop off a ballot:

(1) Solicit a vote.

(2) Speak to a voter about marking the voter’s ballot.

(3) Disseminate visible or audible electioneering information.

(d) A violation of this section is punishable by imprisonment in a county jail for not more than 12 months, or in state prison. Any person who conspires to violate this section is guilty of a felony.

history: (History: Amended by Stats. 2025, Ch. 296, Sec. 8. (AB 1249) Effective January 1, 2026.)

article: 3. Intimidation of Voters


citation: ELEC § 18542

text: Every employer, whether a corporation or natural person, or any other person who employs, is guilty of a misdemeanor if, in paying his or her employees the salary or wages due them, encloses their pay in pay envelopes upon which or in which there is written or printed the name of any candidate or any political mottoes, devices, or arguments containing threats, express or implied, intended or calculated to influence the political opinions or actions of the employees.

article: 3. Intimidation of Voters


citation: ELEC § 18543

text:
(a) Every person who knowingly challenges a person’s right to vote without probable cause or on fraudulent or spurious grounds, or who engages in mass, indiscriminate, and groundless challenging of voters solely for the purpose of preventing voters from voting or to delay the process of voting, or who fraudulently advises any person that he or she is not eligible to vote or is not registered to vote when in fact that person is eligible or is registered, or who violates Section 14240, is punishable by imprisonment in the county jail for not more than 12 months or in the state prison.

(b) Every person who conspires to violate subdivision (a) is guilty of a felony.

article: 3. Intimidation of Voters


citation: ELEC § 18544

text:
(a) Any person in possession of a firearm or any uniformed peace officer, private guard, or security personnel or any person who is wearing a uniform of a peace officer, guard, or security personnel, who is stationed in the immediate vicinity of, or posted at, a polling place is punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment.

(b) This section does not apply to any of the following:

(1) An unarmed uniformed guard or security personnel who is at the polling place to cast their vote.

(2) A peace officer who is conducting official business in the course of their public employment or who is at the polling place to cast their vote.

(3) A private guard or security personnel hired or arranged for by a city or county elections official.

(4) A private guard or security personnel hired or arranged for by the owner or manager of the facility or property in which the polling place is located if the guard or security personnel is not hired or arranged solely for the day on which an election is held.

(5) (A) A person described in subdivision (a) who is stationed in the immediate vicinity of, or posted at, a polling place with the written authorization of the appropriate city or county elections official, provided that neither the Secretary of State nor the Attorney General objected to that authorization, in writing, after it was granted.

(B) A person described in subdivision (a) who is stationed or posted at a polling place with written authorization pursuant to subparagraph (A), which is subsequently objected to by the Secretary of State or Attorney General, shall not be subject to criminal penalties pursuant to this section unless the person remained stationed or posted at the polling place after gaining knowledge of the objection.

history: (History: Amended by Stats. 2026, Ch. 10, Sec. 6. (SB 73) Effective May 27, 2026.)

article: 3. Intimidation of Voters


citation: ELEC § 18545

text:
(a) Any person who hires or arranges for any other person in possession of a firearm or any uniformed law enforcement officer, private guard, or security personnel or any person who is wearing a uniform of a law enforcement officer, private guard, or security personnel, to be stationed in the immediate vicinity of, or posted at, a polling place or a county elections office, is punishable by imprisonment in a county jail for a period not to exceed one year, by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code and by a fine not to exceed ten thousand dollars ($10,000).

(b) This section does not apply to any of the following:

(1) The owner or manager of the facility or property in which the polling place is located if the private guard or security personnel is not hired or arranged solely for the day on which the election is held.

(2) A person who hires or arranges for another person described in subdivision (a) to be stationed in the immediate vicinity of, or posted at, a polling place or a county elections office pursuant to a court order.

(3) (A) A person who hires or arranges for another person described in subdivision (a) to be stationed in the immediate vicinity of, or posted at, a polling place or a county elections office with the written authorization of the appropriate elections official, provided that neither the Secretary of State nor the Attorney General objected to that authorization, in writing, after it was granted.

(B) A person who hires or arranges for another person described in subdivision (a) to be stationed or posted at a polling place or county elections office with written authorization pursuant to subparagraph (A), which is subsequently objected to by the Secretary of State or Attorney General, shall not be subject to criminal penalties pursuant to this section, unless they have knowledge of the objection, and after gaining such knowledge, permits the person they hired or arranged for to remain stationed or posted at the polling place or elections office.

(c) For purposes of this section, “law enforcement officer” means either of the following:

(1) A peace officer as defined in Section 830 of the Penal Code.

(2) An officer or agent of a federal law enforcement agency or any person acting on behalf of a federal law enforcement agency.

history: (History: Amended by Stats. 2026, Ch. 10, Sec. 7. (SB 73) Effective May 27, 2026.)

article: 3. Intimidation of Voters


citation: ELEC § 18546

text:
As used in this article:

(a) “Elections official” means the county elections official, registrar of voters, or city clerk.

(b) “Immediate vicinity” means the area within a distance of 100 feet from the room or rooms in which the voters are signing the roster and casting ballots.

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 22. Effective January 1, 2003.)

article: 3. Intimidation of Voters


citation: ELEC § 18547

text:
(a) In addition to any other fine or penalty imposed by this article, the court may order any person convicted of violating this article to pay a restitution fine, the amount of which shall be determined by the court and be commensurate with the seriousness of the offense.

(b) The moneys derived from the fine assessed pursuant to subdivision (a) shall be deposited in the Voter Intimidation Restitution Fund, created in Section 18548.

history: (History: Added by Stats. 2007, Ch. 491, Sec. 1. Effective January 1, 2008.)

article: 3. Intimidation of Voters


citation: ELEC § 18548

text: The Voter Intimidation Restitution Fund is hereby established in the State Treasury. Upon appropriation by the Legislature, moneys in the fund shall be allocated to the Secretary of State to be used in voter education campaigns addressing the specific crime committed by anyone convicted of violating this article. The funds shall also be used for the administrative costs associated with distribution of the fund.

history: (History: Added by Stats. 2007, Ch. 491, Sec. 2. Effective January 1, 2008.)

article: 3. Intimidation of Voters


citation: ELEC § 18560

text:
Every person is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, who:

(a) Not being entitled to vote at an election, fraudulently votes or fraudulently attempts to vote at that election.

(b) Being entitled to vote at an election, votes more than once, attempts to vote more than once, or knowingly hands in two or more ballots folded together at that election.

(c) Impersonates or attempts to impersonate a voter at an election.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 80. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 4. Corruption of Voting

path: 18. PENAL PROVISIONS > 6. Corruption of the Voting Process > 4. Corruption of Voting


text:
(a) A person who votes or attempts to vote in an election held in this state and in an election held in another state on the same date shall be guilty of a misdemeanor.

(b) This section does not prohibit a voter from voting in an election held in this state and in an election held in another state on the same date if one of the elections is an election in a landowner voting district or any other district for which an elector is not required to be a resident of the district.

history: (History: Added by Stats. 2023, Ch. 692, Sec. 1. (AB 1539) Effective January 1, 2024.)

article: 4. Corruption of Voting


citation: ELEC § 18561

text:
Every person is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years who:

(a) Procures, assists, counsels, or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote.

(b) Aids or abets in the commission of any of the offenses mentioned in Section 18560.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 81. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 4. Corruption of Voting


citation: ELEC § 18562

text:
Every member of a precinct board is guilty of a misdemeanor who, prior to putting the ballot of a voter in the ballot box, commits any of the following:

(a) Attempts to find out any name on the ballot.

(b) Opens or suffers to be opened or examined the folded ballot of any voter which has been handed in.

(c) Makes or places any mark or device on any folded ballot with a view to ascertaining the name of any person for whom the voter has voted.

history: (History: Enacted by Stats. 1994, Ch. 920, Sec. 2.)

article: 4. Corruption of Voting


text:
(a) A member of the public is guilty of a misdemeanor if, while observing any of the following, he or she willfully engages in any conduct set forth in subdivision (b):

(1) The processing of vote by mail ballots conducted pursuant to Chapter 2 (commencing with Section 15100) of Division 15.

(2) The semifinal official canvass conducted pursuant to Chapter 3 (commencing with Section 15150) of Division 15.

(3) The official canvass conducted pursuant to Chapter 4 (commencing with Section 15300) of Division 15.

(4) A recount conducted pursuant to Chapter 9 (commencing with Section 15600) of Division 15.

(b) (1) Attempting to ascertain the identity and ballot choices of a voter, or having observed or learned the identity of a voter, attempting to ascertain the ballot choices of that voter.

(2) Opening a provisional or vote by mail ballot envelope containing a voted ballot in order to ascertain the voter’s ballot choices.

(3) Making or placing a mark or device on a ballot or secrecy envelope in an attempt to ascertain the voter’s ballot choices.

history: (History: Added by Stats. 2009, Ch. 94, Sec. 1. (AB 269) Effective January 1, 2010.)

article: 4. Corruption of Voting


citation: ELEC § 18563

text: Every member of a precinct board is guilty of a misdemeanor who, without the consent of a voter, discloses the name of any candidate the board member has discovered in his capacity as a member of the board to have been voted for by the voter.

article: 4. Corruption of Voting


citation: ELEC § 18564

text:
(a) Any person is guilty of a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years who, before or during an election:

(1) Tampers with, interferes with, or attempts to interfere with, the correct operation of, or willfully damages in order to prevent the use of, any voting machine, voting device, voting system, vote tabulating device, or ballot tally software program source codes.

(2) (A) Interferes or attempts to interfere with the secrecy of voting or ballot tally software program source codes.

(B) For purposes of this paragraph, “interferes or attempts to interfere with” includes knowingly, and without authorization, providing unauthorized access to, or breaking the chain of custody to, either of the following:

(i) Certified voting technology during the lifecycle of that certified voting technology.

(ii) Any finished or unfinished ballot cards.

(3) Knowingly, and without authorization, makes or has in the person’s possession credentials, passwords, or access keys to a voting machine that has been adopted and will be used in elections in this state.

(4) Willfully substitutes or attempts to substitute forged or counterfeit ballot tally software program source codes.

(b) The definitions in Section 17600 apply for purposes of this section.

history: (History: Amended by Stats. 2024, Ch. 605, Sec. 11. (SB 1328) Effective September 25, 2024.)

article: 4. Corruption of Voting


text:
(a) The Secretary of State, Attorney General, and any local elections official in the county in which the act occurs, may bring a civil action against an individual, business, or other legal entity that commits any of the following acts before, during, or after an election:

(1) Tampers, interferes, or attempts to interfere with the correct operation of, or willfully damages in order to prevent the use of, any voting machine, voting device, voting system, vote tabulating device, or ballot tally software.

(2) Interferes or attempts to interfere with the secrecy of voting or interferes or attempts to interfere with ballot tally software program source codes.

(3) Knowingly, and without authorization, gains access to or provides another person or persons with access to a voting machine for the purpose of committing one of the acts specified by this section.

(4) Willfully substitutes or attempts to substitute forged, counterfeit, or malicious ballot tally software program source codes.

(5) Knowingly, and without authorization, inserts or causes the insertion of uncertified hardware, software, or firmware, for whatever purpose, into any voting machine, voting device, voting system, vote tabulating device, or ballot tally software.

(6) Fails to notify the Secretary of State prior to any change in hardware, software, or firmware to a voting machine, voting device, voting system, or vote tabulating device, certified or conditionally certified for use in this state.

(7) Takes a package containing the voted ballots or its contents from the custody of the elections official in violation of subdivision (d) of Section 15551.

(b) A civil action may be brought pursuant to this section for a civil penalty not to exceed fifty thousand dollars ($50,000) for each act and for injunctive relief, if appropriate.

history: (History: Amended by Stats. 2026, Ch. 10, Sec. 8. (SB 73) Effective May 27, 2026.)

article: 4. Corruption of Voting


citation: ELEC § 18565

text: Any person who aids or abets in the commission of any of the offenses described in Section 18564 is punishable by imprisonment in the county jail for a period of six months or in the state prison for 16 months or two or three years.

article: 4. Corruption of Voting


citation: ELEC § 18566

text:
Every person is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years who:

(a) Forges or counterfeits returns of an election purported to have been held at a precinct where no election was in fact held.

(b) Willfully substitutes forged or counterfeit returns of election in the place of true returns for a precinct where an election was actually held.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 83. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 4. Corruption of Voting


citation: ELEC § 18567

text: Every person who willfully adds to or subtracts from the votes actually cast at an election, in any official or unofficial returns, or who alters the returns, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 84. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 4. Corruption of Voting


citation: ELEC § 18568

text:
Every person is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or by both that fine and imprisonment, who:

(a) Aids in changing or destroying any poll list or official ballot.

(b) Aids in wrongfully placing any ballots in the ballot container or in taking any therefrom.

(c) Adds or attempts to add any ballots to those legally polled at any election by fraudulently putting them into the ballot container, either before or after the ballots therein have been counted.

(d) Adds to or mixes with, or attempts to add to or mix with, the ballots polled, any other ballots, while they are being counted or canvassed or at any other time, with intent to change the result of the election, or allows another to do so, when in the person’s power to prevent it.

(e) Carries away or destroys, attempts to carry away or destroy, or knowingly allows another to carry away or destroy, any poll list, ballot container, or ballots lawfully polled or who willfully detains, mutilates, or destroys any election returns.

(f) Removes any unvoted ballots from the polling place before the completion of the ballot count.

(g) Displays a container or provides an envelope for the purpose of collecting or returning ballots, with the intent to deceive a voter into casting a ballot in an unofficial ballot or returning a ballot in an unofficial ballot return envelope. Evidence of intent to deceive may include using the word “official” on the container or envelope, or otherwise fashioning the container or envelope in a way that is likely to deceive a voter into believing that the container or envelope is an official collection box or official ballot return envelope that has been approved by an elections official.

(h) Directs or solicits a voter to place a ballot in a container or envelope prohibited by subdivision (g).

(i) Knowingly takes a package containing voted ballots or its contents from the custody of the elections official in violation of subdivision (d) of Section 15551.

history: (History: Amended by Stats. 2026, Ch. 10, Sec. 9. (SB 73) Effective May 27, 2026.)

article: 4. Corruption of Voting


citation: ELEC § 18569

text: Every person who aids or abets in the commission of any of the offenses mentioned in Section 18566, 18567, or 18568 is punishable by imprisonment in the county jail for the period of six months or in the state prison for 16 months or two or three years.

article: 4. Corruption of Voting


citation: ELEC § 18570

text:
Every person is guilty of a misdemeanor who does any one of the following:

(a) Removes or defaces any posted copy of the results of votes cast within the period of 48 hours from the official time fixed for the closing of the polls.

(b) Delays delivery of or changes the copy of the result of votes cast that is to be delivered to the city or county elections official.

article: 4. Corruption of Voting


citation: ELEC § 18571

text: Any person acting on any counting board who refuses to obey any lawful order of the county elections official or his or her deputy is guilty of a misdemeanor, unless he or she is by his or her refusal guilty of a higher crime under the laws of this state.

article: 4. Corruption of Voting


citation: ELEC § 18572

text: Each counting board and its members are subject to the liabilities and penalties to which precinct boards or their members are subject where the votes and returns are counted at the precincts where they were polled.

article: 4. Corruption of Voting


citation: ELEC § 18573

text: Every person is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years who furnishes any voter wishing to vote, who cannot read, with a ballot, informing or giving that voter to understand that it contains a name written or printed thereon different from the name which is written or printed thereon, or defrauds any voter at any election by deceiving and causing him or her to vote for a different person for any office than he or she intended or desired to vote for.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 86. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 4. Corruption of Voting


text:
(a) It is a misdemeanor for a person who is providing care or direct supervision to an elder in a state-licensed or state-subsidized facility or program to coerce or deceive the elder into voting for or against a candidate or measure contrary to the elder’s intent or in the absence of any intent of the elder to cast a vote for or against that candidate or measure.

(b) For purposes of this section, “elder” has the same meaning as set forth in Section 15610.27 of the Welfare and Institutions Code.

(c) A violation of this section is punishable by imprisonment in a county jail not to exceed six months or by a fine not to exceed ten thousand dollars ($10,000) per ballot containing a vote cast by the elder as a result of the coercion or deception or by both that imprisonment and fine.

(d) Nothing in this section shall preclude prosecution under any other provision.

history: (History: Added by Stats. 2011, Ch. 260, Sec. 1. (AB 547) Effective January 1, 2012.)

article: 4. Corruption of Voting


citation: ELEC § 18574

text: Every person who, after being required by the precinct board at an election, refuses to be sworn or, being sworn, refuses to answer any pertinent questions propounded by the board touching the right of another to vote, is guilty of a misdemeanor.

article: 4. Corruption of Voting


citation: ELEC § 18575

text:
Every person is guilty of a felony, and on conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three or four years, who at any election:

(a) Without first having been appointed and qualified, acts as an election officer.

(b) Not being an election officer, performs or discharges any of the duties of an election officer in regard to the handling, counting, or canvassing of any ballots.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 87. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 4. Corruption of Voting


citation: ELEC § 18577

text: Any person having charge of a completed vote by mail ballot who willfully interferes or causes interference with its return to the local elections official having jurisdiction over the election is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.

history: (History: Amended by Stats. 2007, Ch. 508, Sec. 117. Effective January 1, 2008.)

article: 4. Corruption of Voting


citation: ELEC § 18578

text: Any person who applies for, or who votes or attempts to vote, a vote by mail ballot by fraudulently signing the name of a fictitious person, or of a regularly qualified voter, or of a person who is not qualified to vote, is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 88. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 4. Corruption of Voting


citation: ELEC § 18580

text:
For the purposes of this article, the following definitions apply:

(a) “Firearm” means a device designed to be used as a weapon, from which a projectile is expelled through a barrel by the force of an explosion or other form of combustion. It includes any firearm that is in the nature of an air gun, spring gun or pistol, or other weapon in which the propelling force is a spring, an elastic band, carbon dioxide, compressed or other gas or vapor, or air or compressed air, or is ignited by compressed air, and that ejects a bullet or missile smaller than three-eighths of an inch in diameter with sufficient force to injure a person that is so substantially similar in coloration and overall appearance to an existing firearm or weapon as to lead a reasonable person to perceive that the device is a firearm or weapon.

(b) “Imitation firearm” has the same meaning as in Section 16700 of the Penal Code.

(c) “Law enforcement officer” has the same meaning as in Section 13519.05 of the Penal Code.

(d) “Officer holding an election or conducting a canvass” has the same meaning as in Section 18502.

(e) (1) “Open carry” has the same meaning as in Section 26350 of the Penal Code.

(2) Notwithstanding Section 26350 of the Penal Code, this definition applies to any firearm or imitation firearm that is openly carried and applies to any firearm that is openly carried, regardless of whether the firearm is loaded.

(f) “Voting” includes any action necessary to make a vote effective in a primary, special, or general election, including registration or other action required by law as a prerequisite to voting, casting a ballot by any method permitted by law, and having such ballot counted properly and included in the appropriate totals of votes cast with respect to a candidate or measure for which votes are received in an election.

history: (History: Added by Stats. 2024, Ch. 533, Sec. 2. (AB 2642) Effective September 24, 2024.)

path: 18. PENAL PROVISIONS > 6. Corruption of the Voting Process > 5. Protecting Elections from Armed Coercion and Extremism (PEACE) Act


citation: ELEC § 18581

text:
(a) A person shall not intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other person for any of the following:

(1) Voting or attempting to vote.

(2) Urging or aiding any person to vote or attempt to vote, whether as part of official election administration activity or otherwise.

(3) Exercising any powers or duties to administer elections, including counting votes, canvassing, and certifying an election in accordance with Division 15.

(4) That other person’s status as a past or present participant in the administration of elections.

(b) (1) In any suit to enforce this section, a person who openly carries a firearm or imitation firearm while interacting with or observing any of the activities described in paragraphs (1) to (3), inclusive, or interacting with or observing a person due to their status described in paragraph (4), of subdivision (a) shall be presumed to have engaged in intimidation prohibited by this section in the absence of an affirmative showing to the contrary by a preponderance of the evidence.

(2) A law enforcement officer acting within the scope of their official duties is not subject to this presumption, but a court may nonetheless consider a law enforcement officer’s possession of a firearm in determining whether the officer violated subdivision (a).

article: 5. Protecting Elections from Armed Coercion and Extremism (PEACE) Act


citation: ELEC § 18582

text:
(a) A person aggrieved by a violation of Section 18581 may enforce the provisions of this article in a suit at law or in equity, or both. A prevailing plaintiff in such an action shall recover reasonable attorney’s fees, reasonable expert fees, reasonable litigation expenses, and all such fees as are appropriate as part of the costs to be determined by a court of competent jurisdiction.

(b) An officer holding an election or conducting a canvass may enforce the provisions of this act and may institute an action for equitable relief on behalf of an aggrieved person who is in the officer’s jurisdiction or is eligible to vote in the officer’s jurisdiction.

(c) The Attorney General may enforce the provisions of this act and may institute for the state, or in the name of the state, an action for equitable relief, including an application for a temporary or permanent injunction, restraining order, or other order.

(d) A suit brought by an officer holding an election or conducting a canvass or the Attorney General under this section does not preclude a contemporaneous private suit by an aggrieved person to enforce the provisions of this article.

(e) In a suit to enforce the provisions of this article, a court may grant relief enjoining the use or carrying of firearms by a defendant beyond the areas defined in Article 3. This subdivision does not limit the court’s authority to grant any other just and equitable relief.

(f) In order to prevail in a suit to enforce the provisions of this article, a plaintiff need not prove that a defendant intended to intimidate, threaten, or coerce any person, except in order to prove an attempt to intimidate, threaten, or coerce. A court may nonetheless consider evidence of intent in determining the appropriate relief.

(g) The provisions of this article are cumulative and shall not be construed as restricting the application of any other law, including, but not limited to, the application of a criminal law to a person whose conduct violates Section 18581.


citation: ELEC § 18600

text:
Every person is guilty of a misdemeanor who:

(a) Circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any state or local initiative, referendum or recall petition, intentionally misrepresents or intentionally makes any false statement concerning the contents, purport or effect of the petition, or the petition’s Official Top Funders disclosure required by Section 107, to any person who signs, or who desires to sign, or who is requested to sign, or who makes inquiries with reference to it, or to whom it is presented for the person’s signature.

(b) Willfully and knowingly circulates, publishes, or exhibits any false statement or misrepresentation concerning the contents, purport or effect of any state or local initiative, referendum, or recall petition, or the petition’s Official Top Funders disclosure required by Section 107, for the purpose of obtaining any signature to, or persuading or influencing any person to sign, that petition.

(c) Circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any state or local initiative, intentionally makes any false statement in response to any inquiry by any voter as to whether the person is a paid signature gatherer or a volunteer.

history: (History: Amended by Stats. 2019, Ch. 563, Sec. 8. (SB 47) Effective January 1, 2020.)

chapter: 7. Initiative, Referendum, and Recall

article: 1. Improper Signature-Gathering Tactics

path: 18. PENAL PROVISIONS > 7. Initiative, Referendum, and Recall > 1. Improper Signature-Gathering Tactics


citation: ELEC § 18601

text:
Any person working for the proponent or proponents of an initiative or referendum measure or recall petition who refuses to allow a prospective signer to read the measure or petition is guilty of a misdemeanor.

An arrest or conviction pursuant to this section shall not invalidate or otherwise affect the validity of any signature obtained by the person arrested or convicted.

article: 1. Improper Signature-Gathering Tactics


citation: ELEC § 18602

text: Any person working for the proponent or proponents of a statewide initiative or referendum measure who covers or otherwise obscures the summary of the measure prepared by the Attorney General from the view of a prospective signer is guilty of a misdemeanor.

article: 1. Improper Signature-Gathering Tactics


citation: ELEC § 18603

text: Every person who offers or gives money or other valuable consideration to another in exchange for his or her signature on a state, county, municipal, or district initiative, referendum, or recall petition is guilty of a misdemeanor.

history: (History: Amended by Stats. 1996, Ch. 714, Sec. 26. Effective January 1, 1997.)

article: 1. Improper Signature-Gathering Tactics


citation: ELEC § 18604

text: Upon conviction of a violation of any provision of this article, Article 2 (commencing with Section 18610), Article 3 (commencing with Section 18620), Article 5 (commencing with Section 18640), Article 6 (commencing with Section 18650), or Article 7 (commencing with Section 18660), the court may order as a condition of probation that the convicted person be prohibited from receiving money or other valuable consideration for gathering signatures on an initiative, referendum, or recall petition.

history: (History: Added by Stats. 2010, Ch. 372, Sec. 2. (AB 2101) Effective January 1, 2011.)

article: 1. Improper Signature-Gathering Tactics


citation: ELEC § 18610

text: Every person who solicits any circulator to affix to any initiative, referendum, or recall petition any false or forged signature, or to cause or permit a false or forged signature to be affixed, is guilty of a misdemeanor.

path: 18. PENAL PROVISIONS > 7. Initiative, Referendum, and Recall > 2. False or Ineligible Signatures on Petition


citation: ELEC § 18611

text: Every person is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment, who circulates or causes to be circulated any initiative, referendum, or recall petition, knowing it to contain false, forged, or fictitious names.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 89. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 2. False or Ineligible Signatures on Petition


citation: ELEC § 18612

text: Every person is guilty of a misdemeanor who knowingly signs his or her own name more than once to any initiative, referendum, or recall petition, or signs his or her name to that petition knowing himself or herself at the time of signing not to be qualified to sign it.

history: (History: Enacted by Stats. 1994, Ch. 920, Sec. 2.)


citation: ELEC § 18613

text: Every person who subscribes to any initiative, referendum, or recall petition a fictitious name, or who subscribes thereto the name of another, or who causes another to subscribe such a name to that petition, is guilty of a felony and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 90. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)


citation: ELEC § 18614

text: Every person is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment, who files in the office of the elections official or other officer designated by law to receive the filing, any initiative, referendum, or recall petition to which is attached, appended or subscribed any signature which the person filing the petition knows to be false or fraudulent or not the genuine signature of the person whose name it purports to be.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 91. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)


citation: ELEC § 18620

text: Every person who seeks, solicits, bargains for, or obtains any money, thing of value, or advantage of or from any person, firm, or corporation for the purpose or represented purpose of fraudulently inducing, persuading, or seeking the proponent or proponents of any initiative or referendum measure or recall petition to (a) abandon the measure or petition, (b) fail, neglect, or refuse to file in the office of the elections official or other officer designated by law, within the time required by law, the initiative or referendum measure or recall petition after securing the number of signatures required to qualify the measure or petition, (c) stop the circulation of the initiative or referendum measure or recall petition, or (d) perform any act that will prevent or aid in preventing the initiative or referendum measure or recall petition from qualifying as an initiative or referendum measure, or the recall petition from resulting in a recall election, is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 92. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

path: 18. PENAL PROVISIONS > 7. Initiative, Referendum, and Recall > 3. Improper Payments to Prevent Petition Circulation and Filing


citation: ELEC § 18621

text: Any proponent of an initiative or referendum measure or recall petition who seeks, solicits, bargains for, or obtains any money or thing of value of or from any person, firm, or corporation for the purpose of abandoning the same or stopping the circulation of petitions concerning the same, or failing or neglecting or refusing to file the measure or petition in the office of the elections official or other officer designated by law within the time required by law after obtaining the number of signatures required under the law to qualify the measure or petition, or withdrawing an initiative petition after filing it with the appropriate elections official, or performing any act that will prevent or aid in preventing the initiative, referendum, or recall proposed from qualifying as an initiative or referendum measure, or resulting in a recall election is punishable by a fine not exceeding five thousand dollars ($5,000) or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment.

history: (History: Amended by Stats. 2014, Ch. 697, Sec. 17. (SB 1253) Effective January 1, 2015.)

article: 3. Improper Payments to Prevent Petition Circulation and Filing


citation: ELEC § 18622

text: Every person who offers to buy or does buy from a circulator any referendum, initiative, or recall petition on which one or more persons have affixed their signatures is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one year, or by a fine not exceeding one thousand dollars ($1,000), or both. This section is not intended to prohibit compensation of a circulator, for his or her services, by a proponent of the petition or his or her agent.


citation: ELEC § 18630

text: Every person who threatens to commit an assault or battery on a person circulating a referendum, initiative, or recall petition or on a relative of a person circulating a referendum, initiative, or recall petition or to inflict damage on the property of the circulator or the relative, with the intent to dissuade the circulator from circulating the petition or in retribution for the circulation, is guilty of a misdemeanor.

path: 18. PENAL PROVISIONS > 7. Initiative, Referendum, and Recall > 4. Threats and Theft to Prevent Petition Circulation and Filing


citation: ELEC § 18631

text: Every person who forcibly or by stealth takes from the possession of a circulator any initiative, referendum, or recall petition on which one or more persons have affixed their signatures is guilty of a misdemeanor.

article: 4. Threats and Theft to Prevent Petition Circulation and Filing


citation: ELEC § 18640

text: Any person working for the proponent or proponents of an initiative or referendum measure or recall petition who solicits signatures to qualify the measure or petition and accepts any payment therefor and who fails to surrender the measure or petition to the proponents thereof for filing is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 94. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

path: 18. PENAL PROVISIONS > 7. Initiative, Referendum, and Recall > 5. Refusal of Circulators to Turn in Petitions


citation: ELEC § 18650

text: No one shall knowingly or willfully permit the list of signatures on an initiative, referendum, or recall petition to be used for any purpose other than qualification of the initiative or referendum measure or recall question for the ballot, except as provided in Article 2 (commencing with Section 7924.100) of Chapter 2 of Part 5 of Division 10 of Title 1 of the Government Code. Violation of this section is a misdemeanor.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 103. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

article: 6. Misuse of Signatures on Petition

path: 18. PENAL PROVISIONS > 7. Initiative, Referendum, and Recall > 6. Misuse of Signatures on Petition


citation: ELEC § 18660

text:
(a) Every person is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment, who makes any false affidavit concerning an initiative, referendum, or recall petition or the signatures appended to an initiative, referendum, or recall petition.

(b) A person, company, organization, company official, or other organizational officer in charge of a person who circulates an initiative, referendum, or recall petition and who does either of the following is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment:

(1) Knowingly directs an affiant to make a false affidavit concerning an initiative, referendum, or recall petition or the signatures appended to an initiative, referendum, or recall petition.

(2) Knows or reasonably should know that an affiant has made a false affidavit concerning an initiative, referendum, or recall petition or the signatures appended to an initiative, referendum, or recall petition and submits the section of the petition that contains the false affidavit.

history: (History: Amended by Stats. 2017, Ch. 848, Sec. 1. (AB 1367) Effective January 1, 2018.)

path: 18. PENAL PROVISIONS > 7. Initiative, Referendum, and Recall > 7. False Affidavits Concerning Petitions


citation: ELEC § 18661

text: Every public official or employee is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment, who knowingly makes any false return, certification or affidavit concerning any initiative, referendum, or recall petition or the signatures appended thereto.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 96. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

article: 7. False Affidavits Concerning Petitions


citation: ELEC § 18670

text: Every person is guilty of a misdemeanor who, either as principal or agent, files in the office of the Secretary of State, county elections official, or in the office of any other officer designated by law to receive the filing, a petition or any section of a petition relating to the Constitution or the laws of this state, authorized by the Constitution or laws of this state regulating the statewide initiative or referendum, with the intention of thereby defeating that initiative or referendum measure that is embraced in the petition. Nothing in this section applies to any person who, in good faith, files a petition embracing an initiative or referendum measure that conflicts with a similar measure already on file.

path: 18. PENAL PROVISIONS > 7. Initiative, Referendum, and Recall > 8. Filing Petitions to Defeat an Initiative or Referendum


citation: ELEC § 18671

text: Any petition, or any section of a petition, filed by any person other than the proponents of an initiative or referendum measure and with an intention of defeating an expression of the public will is null and void.

article: 8. Filing Petitions to Defeat an Initiative or Referendum