Code Section Group

Elections Code - ELEC

DIVISION 18. PENAL PROVISIONS [18000 - 18700]

  ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. )

CHAPTER 4. Election Campaigns [18301 - 18390]

  ( Chapter 4 enacted by Stats. 1994, Ch. 920, Sec. 2. )

ARTICLE 1. Campaign Literature [18301 - 18304]
  ( Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. )

18301.
  

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.

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

18302.
  

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

(Amended by Stats. 2018, Ch. 96, Sec. 3. (AB 1678) Effective July 16, 2018.)

18303.
  

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.

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

18304.
  

(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.

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

ELECElections Code - ELEC1