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 5. Misrepresentation by Candidates [18350 - 18351]
  ( Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. )

18350.
  

(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.

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

18351.
  

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).

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

ELECElections Code - ELEC5