SB 638, as introduced, Lara. Election crimes: misrepresentation by candidates.
Existing law makes it a misdemeanor for a person 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, assumes, pretends, or implies, by his or her statements or conduct, that he or she is the incumbent of a public office, or that he or she has been acting in the capacity of a public officer, when that is not the case.
This bill, in addition, would make it a misdemeanor for an individual to become, or induce another individual to become, a candidate for a local or state elective office under a name that is identical to, or very similar to, another candidate for that same office, with the sole intent of deliberately misleading voters who desire to vote for that other candidate, and otherwise would vote for that other candidate, but for confusion caused by the similarity in names. The bill also would authorize a candidate for a local or state office election in which this conduct occurs to seek a writ of mandate or an injunction requiring the removal of the offending candidate from the ballot. The bill would make the authority to issue a peremptory writ of mandate or injunction contingent upon clear and convincing proof that the specified conduct has occurred.
By creating a new crime, this bill would impose a state-mandated local program.
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 18352 is added to the Elections Code, 2immediately following Section 18351, to read:
(a) An individual who becomes, or induces another
4individual to become, a candidate for a local or state elective office
5under a name that is identical to, or very similar to, another
6candidate for that same office, with the sole intent of deliberately
7misleading voters who desire to vote for that other candidate, and
8otherwise would vote for that other candidate, but for confusion
9caused by the similarity in names, is guilty of a misdemeanor.
10(b) A candidate for a local or state office election in which an
11individual becomes a candidate under a name that is identical to,
12or very similar to, another candidate for that same office, with the
13sole intent of deliberately misleading voters who desire to vote for
14that other candidate, and otherwise
would vote for that other
15candidate, but for the confusion caused by the similarity in names,
16may seek a writ of mandate or an injunction requiring the removal
17of the offending candidate from the ballot. A peremptory writ of
18mandate or injunction shall be issued pursuant to this subdivision
19only upon clear and convincing proof that the conduct described
20in this subdivision has occurred.
No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
P3 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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