BILL NUMBER: SB 653	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Calderon

                        FEBRUARY 22, 2007

   An act to amend Section 18540 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 653, as introduced, Calderon. False or misleading information:
penalties.
   (1) Existing law makes it a felony punishable by imprisonment in
the state prison for 16 months or 2 or 3 years for every person who,
among other things, 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 to vote or refrain from voting at any
election or to vote or refrain from voting for any particular person
or measure at any election.
   This bill would also make it a felony punishable by imprisonment
in the state prison for 16 months or 2 or 3 years for every person
who acts under color of law and who knowingly or with reckless
disregard for the truth provides, distributes, produces,
disseminates, sponsors, authorizes, or finances the provision,
distribution, or dissemination of any false or misleading information
regarding either the time, place, or manner of any election; or the
qualifications for, or restrictions on, voter eligibility for any
election, as specified. By creating a new crime, this bill would
impose a state-mandated local program.
   The bill would authorize a civil action for money damages and
other injunctive relief by any person aggrieved by a violation under
these provisions.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 18540 of the Elections Code is amended to read:

   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 to vote or refrain from voting at
any election or to vote or refrain from voting for any particular
person or measure at any election, or because any person voted or
refrained from voting at any election or voted or refrained from
voting for any particular person or measure at any election is guilty
of a felony punishable by imprisonment in the state prison for 16
months or two or three years.
   (b) Every person who hires or arranges for any other person to
make use of or threaten to make use of any force, violence, or tactic
of coercion or intimidation, to induce or compel any other person to
vote or refrain from voting at any election or to vote or refrain
from voting for any particular person or measure at any election, or
because any person voted or refrained from voting at any election or
voted or refrained from voting for any particular person or measure
at any election is guilty of a felony punishable by imprisonment in
the state prison for 16 months or two or three years. 
   (c) Every person who acts under color of law and who knowingly or
with reckless disregard for the truth provides, distributes,
produces, disseminates, sponsors, authorizes, or finances the
provision, distribution, or dissemination of any false or misleading
information regarding either (1) the time, place, or manner of any
election, or (2) qualifications or restrictions regarding voter
eligibility for any election, including any criminal penalties
associated with voting in any election by ineligible voters,
information regarding a voter's registration status or eligibility,
or the sponsor, endorser, political party, or originator of any
electronic, written, or telephonic communication that refers to a
clearly identified candidate in any election, is guilty of a felony
punishable by imprisonment in the state prison for 16 months or two
or three years.  
   (d) Any person aggrieved by a violation of subdivision (c) may
institute a civil action in the superior court for money damages or
for other relief, including an application for a permanent or
temporary injunction, restraining order, or other equitable relief
that the court deems right and just. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.