Candidate Information Guide

Misrepresentation of Candidates

§ 18350 – Misleading voters – (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. § 18351 – False statements in candidate statement – 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).

Electioneering

§ 18370 – Electioneering within 100 feet of a voting location – (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 the following: (1) Circulate an initiative, referendum, recall, nomination petition or any other petition. (2) Solicit a vote or speak to a voter on the subject of marking the voter’s ballot. (3) Place a sign relating to voters' qualifications or speak to a voter on the subject of the voter’s qualifications, except as provided in Section 14240. (4) Do any electioneering as defined by Section 319.5. o Display of a candidate’s name, likeness, or logo. o Display of a ballot measure’s number, title, subject, or logo. o Display buttons, hats, pencils, pens, shirts, signs, or stickers containing electioneering information. o Disseminate audible electioneering information. o Obstruct access to, loiter near, or disseminate visible or audible electioneering information at vote by mail ballot drop boxes. (b) The electioneering activities described in this section are prohibited within 100 feet of either of the following: (1) The entrance to a building that contains a polling place as defined by Section 338.5, an election official's office, or a satellite location under Section 3018. (2) An outdoor site, including a curbside voting area, at which a voter may cast or drop off a ballot. (c) A person shall not, on election day, or at any time that a voter may be casting a ballot, do any of the following within the immediate vicinity of a voter in line to cast a ballot or drop off a ballot: ▪ Solicit a vote.

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