DIVISION 18. PENAL PROVISIONS [18000. - 18700.]
Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2.
§§ 18000–18700 · 115 sections
CHAPTER 1. General Provisions §§ 18000–18002 · 3 sections
- § 18000 This division applies to all elections.
- § 18001 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…
- § 18002 (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,…
CHAPTER 2. Voter Registration §§ 18100–18112 · 16 sections
- § 18100 (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…
- § 18101 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…
- § 18102 Any deputy elections official or registration elections official who knowingly registers a nonexistent person, knowingly registers a person under a false name…
- § 18103 Any person who knowingly or negligently (a) interferes with the prompt transfer of a completed affidavit of registration to the county elections official, (b)…
- § 18104 An individual or organization having charge of affidavits of registration is guilty of a misdemeanor who knowingly neglects or refuses to return affidavits of…
- § 18105 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…
- § 18106 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…
- § 18107 Every person who willfully violates Section 2158 is guilty of an infraction, punishable by a fine not to exceed two hundred dollars ($200).
- § 18107.5 (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…
- § 18108 (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…
- § 18108.1 (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…
- § 18108.5 (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…
- § 18109 (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…
- § 18110 (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…
- § 18111 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…
- § 18112 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…
CHAPTER 3. Nomination of Candidates §§ 18200–18205 · 6 sections
- § 18200 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…
- § 18201 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…
- § 18202 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…
- § 18203 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…
- § 18204 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…
- § 18205 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…
CHAPTER 4. Election Campaigns §§ 18301–18390 · 20 sections
ARTICLE 1. Campaign Literature §§ 18301–18304 · 4 sections
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 2. Political Party Caucuses §§ 18310–18311 · 2 sections
- § 18310 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…
- § 18311 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…
ARTICLE 3. Deceptive Online Activities §§ 18320–18323 · 4 sections
- § 18320 (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,…
- § 18321 This article does not apply to a domain name registrar, registry, or registration authority.
- § 18322 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…
- § 18323 Jurisdiction for actions brought pursuant to this article shall be in accordance with Section 410.10 of the Code of Civil Procedure.
ARTICLE 4. Political Meetings § 18340 · 1 section
- § 18340 Every person who, by threats, intimidations, or unlawful violence, willfully hinders or prevents electors from assembling in public meetings for the…
ARTICLE 5. Misrepresentation by Candidates §§ 18350–18351 · 2 sections
- § 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…
- § 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…
ARTICLE 6. Solicitation of Funds §§ 18360–18361 · 2 sections
ARTICLE 7. Electioneering §§ 18370–18372 · 3 sections
- § 18370 (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…
- § 18371 (a) No candidate or representative of a candidate, and no proponent, opponent, or representative of a proponent or opponent, of an initiative, referendum, or…
- § 18372 Notice regarding the prohibitions on electioneering set forth in this article shall be provided to the public. The Secretary of State shall promulgate…
ARTICLE 8. Vandalism at Polling Places § 18380 · 1 section
- § 18380 (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…
ARTICLE 9. Misuse of State Publications § 18390 · 1 section
- § 18390 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…
CHAPTER 5. Ballots §§ 18400–18403 · 3 sections
- § 18400 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…
- § 18401 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…
- § 18403 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…
CHAPTER 6. Corruption of the Voting Process §§ 18500–18582 · 44 sections
ARTICLE 1. General Provisions §§ 18500–18504 · 5 sections
- § 18500 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…
- § 18501 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,…
- § 18502 (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…
- § 18503 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…
- § 18504 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…
ARTICLE 2. Corruption of Voters §§ 18520–18524 · 5 sections
- § 18520 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…
- § 18521 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…
- § 18522 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…
- § 18523 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…
- § 18524 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…
ARTICLE 3. Intimidation of Voters §§ 18540–18548 · 9 sections
- § 18540 (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…
- § 18541 (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…
- § 18542 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…
- § 18543 (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,…
- § 18544 (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…
- § 18545 (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…
- § 18546 As used in this article: (a) “Elections official” means the county elections official, registrar of voters, or city clerk. (b) “Immediate vicinity” means the…
- § 18547 (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…
- § 18548 The Voter Intimidation Restitution Fund is hereby established in the State Treasury. Upon appropriation by the Legislature, moneys in the fund shall be…
ARTICLE 4. Corruption of Voting §§ 18560–18578 · 22 sections
- § 18560 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,…
- § 18560.1 (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…
- § 18561 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,…
- § 18562 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)…
- § 18562.5 (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…
- § 18563 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…
- § 18564 (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…
- § 18564.5 (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…
- § 18565 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…
- § 18566 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…
- § 18567 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,…
- § 18568 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…
- § 18569 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…
- § 18570 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…
- § 18571 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,…
- § 18572 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…
- § 18573 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…
- § 18573.5 (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…
- § 18574 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…
- § 18575 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,…
- § 18577 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…
- § 18578 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…
ARTICLE 5. Protecting Elections from Armed Coercion and Extremism (PEACE) Act §§ 18580–18582 · 3 sections
- § 18580 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…
- § 18581 (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…
- § 18582 (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…
CHAPTER 7. Initiative, Referendum, and Recall §§ 18600–18680 · 22 sections
ARTICLE 1. Improper Signature-Gathering Tactics §§ 18600–18604 · 5 sections
- § 18600 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…
- § 18601 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…
- § 18602 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…
- § 18603 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…
- § 18604 Upon conviction of a violation of any provision of this article, Article 2 (commencing with Section 18610), Article 3 (commencing with Section 18620), Article…
ARTICLE 2. False or Ineligible Signatures on Petition §§ 18610–18614 · 5 sections
- § 18610 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…
- § 18611 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…
- § 18612 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…
- § 18613 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…
- § 18614 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…
ARTICLE 3. Improper Payments to Prevent Petition Circulation and Filing §§ 18620–18622 · 3 sections
- § 18620 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…
- § 18621 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…
- § 18622 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…
ARTICLE 4. Threats and Theft to Prevent Petition Circulation and Filing §§ 18630–18631 · 2 sections
- § 18630 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…
- § 18631 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…
ARTICLE 5. Refusal of Circulators to Turn in Petitions § 18640 · 1 section
- § 18640 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…
ARTICLE 6. Misuse of Signatures on Petition § 18650 · 1 section
- § 18650 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…
ARTICLE 7. False Affidavits Concerning Petitions §§ 18660–18661 · 2 sections
- § 18660 (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…
- § 18661 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…
ARTICLE 8. Filing Petitions to Defeat an Initiative or Referendum §§ 18670–18671 · 2 sections
- § 18670 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…
- § 18671 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…
ARTICLE 9. Misuse of Campaign Funds § 18680 · 1 section
- § 18680 Every person who is entrusted with money or things of value for the purpose of promoting or defeating any initiative, referendum, or recall petition or any…
CHAPTER 8. Obligations of Precinct Board § 18700 · 1 section
- § 18700 Any voter who has filed an application for the position of, and been appointed as a precinct board member and who, without being excused by the county…