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California Laws | Election Code
DIVISION 18. PENAL PROVISIONS
CHAPTER 4. ELECTION CAMPAIGNS

Article 7. Electioneering (18370-18371) (5753)(Text)

18370. No person, on election day, or at any time that a voter may be casting a ballot, shall, within 100 feet of a polling place, a satellite location under Section 3018, or an elections official's office: (5754)

(a) Circulate an initiative, referendum, recall, or nomination petition or any other petition. (5755)

(b) Solicit a vote or speak to a voter on the subject of marking his or her ballot. (5756)

(c) Place a sign relating to voters' qualifications or speak to a voter on the subject of his or her qualifications except as provided in Section 14240. (5757)

(d) Do any electioneering as defined by Section 319.5. (5758)

As used in this section, "100 feet of a polling place, a satellite location under Section 3018, or an elections official's office" means a distance 100 feet from the room or rooms in which voters are signing the roster and casting ballots. (5759)

Any person who violates any of the provisions of this section is guilty of a misdemeanor. (5760)

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 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. (5761)

(b) Any person who knowingly violates this section is guilty of a misdemeanor. (5762)

(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. (5763)

Article 8. Vandalism at Polling Places (18380) (5764)(Text)

18380. (a) No person, during any election, shall do any of the following: (5765)

(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. (5766)

(2) Remove, tear down, or deface the cards printed for the instruction of voters. (5767)

(3) Remove, tear, mark or otherwise deface any voter index with the intent to falsify or prevent others from readily ascertaining the name, address, or political affiliation of any voter, or the fact that a voter has or has not voted. (5768)

(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. (5769)

(b) Any person who violates any of the provisions of this section is guilty of a misdemeanor. (5770)

Article 9. Misuse of State Publications (18390) (5771)(Text)

18390. No agency or department of the state may use its publications to advise state employees of any 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. (5772)

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 ballot pamphlets. (5773)

Any state officer who violates this section is guilty of a misdemeanor. (5774)

CHAPTER 5. BALLOTS (18400-18403) (5775)(Text)

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 by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the state prison for 16 months, two or three years, or by both the fine and imprisonment. (5776)

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 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. (5777)

18402. Any individual, group, or organization that knowingly distributes any application for a vote by mail ballot that does not conform to Chapter 1 (commencing with Section 3000) of Division 3 is guilty of a misdemeanor. (5778)

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 show his or her voted ballot is punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the state prison for 16 months or two or three years or in a county jail not exceeding one year, or by both the fine and imprisonment. This section shall not apply to persons returning a vote by mail ballot pursuant to Sections 3017 and 3021 or persons assisting a voter pursuant to Section 14282. (5779)

CHAPTER 6. CORRUPTION OF THE VOTING PROCESS (5780)(Text)

Article 1. General Provisions (18500-18502) (5781)(Text)

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 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. (5782)

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, 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. (5783)

18502. Any person who in any manner interferes with the officers holding an election or conducting a canvass, or with the voters lawfully exercising their rights of voting at an election, as to prevent the election or canvass from being fairly held and lawfully conducted, is punishable by imprisonment in the state prison for 16 months or two or three years. (5784)

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