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AB-894 Candidates’ statements: false statements.(2017-2018)

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Date Published: 02/16/2017 09:00 PM
AB894:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 894


Introduced by Assembly Member Frazier

February 16, 2017


An act to amend Section 18351 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 894, as introduced, Frazier. Candidates’ statements: false statements.
Existing law permits a candidate for nonpartisan elective office, and an officer whose recall is being sought, to file with the elections official a candidate’s statement that includes a brief description of the candidate’s education and qualifications. Existing law requires an elections official to include in the county voter information guide a candidate’s statement from a candidate for nonpartisan elective office and from an officer whose recall is being sought. Existing law prohibits a candidate for nonpartisan elective office, or an incumbent in a recall election, to knowingly make a false statement of material fact in the candidate’s statement with the intent to mislead the voters in connection with his or her campaign for nomination or election to an office. Violation of this prohibition is punishable by a fine not to exceed $1,000.
This bill would delete the $1,000 fine for knowingly making a false statement of a material fact in a candidate’s statement. Instead, the bill would require a candidate or incumbent who is convicted of violating the prohibition to forfeit his or her office and reimburse the jurisdiction for any expenses authorized and necessarily incurred in the preparation for, and conduct of, a special election to fill the vacancy caused by the forfeiture, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 18351 of the Elections Code is amended to read:

18351.
 Any It is unlawful for a candidate in an election election, or an incumbent in a recall election who election, to knowingly makes make 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). office. A candidate or incumbent who is convicted of violating this section shall forfeit the office for which the candidate’s statement was prepared and, if a special election is held to fill the vacancy in the office caused by the forfeiture, the candidate or incumbent shall reimburse the jurisdiction for any expenses authorized and necessarily incurred in the preparation for, and conduct of, the special election. The candidate or incumbent may reimburse the jurisdiction in accordance with an installment payment plan.