BILL ANALYSIS Ó
AB 370
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Date of Hearing: March 25, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
AB 370
(Brown) - As Introduced February 17, 2015
SUBJECT: Election campaigns: candidate misrepresentation.
SUMMARY: Expands the list of activities that constitute a crime
of candidate misrepresentation. Specifically, this bill
specifies that a person is guilty of a misdemeanor if, with the
intent to mislead the voters, he or she assumes, pretends, or
implies by his or her campaign materials that he or she is the
incumbent of a public office, or has been acting in the capacity
of a public officer, when that is not the case.
EXISTING LAW: Provides that a person is guilty of a misdemeanor
who, with the intent to mislead the voters in connection with
his or her campaign for nomination or election to a public
office, or 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 is or has
been acting in the capacity of a public officer, when that is
not the case. Provides that any violation may be enjoined in a
civil action brought by any candidate for the public office
involved.
FISCAL EFFECT: Unknown. State-mandated local program: contains
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a crimes and infractions disclaimer.
COMMENTS:
1)Purpose of the Bill: According to the author:
I have had numerous constituent complaints about the false
and or misleading advertising they receive or view during
campaigns. Especially, signs that mislead the public as to
a candidate's occupation or profession. Specifically,
professing to be the incumbent, when in fact they are the
challenger. This is not only false and misleading but
should be illegal. It is time that we place some
reasonable limits on false and misleading campaign
materials, including signage.
2)Misrepresentation By Candidates: Current law provides that it
is a crime for a person to knowingly try to mislead voters by
his or her statements or conduct by assuming, pretending, or
implying that he or she is an incumbent of a public office or
has been acting in the capacity of the public officer, when
that is not the case. A violation of this law is a
misdemeanor. This bill expands current law to include
misrepresentations in a candidate's campaign materials.
According to author's office, this clarification is needed
because candidate misrepresentation is occurring and most
recently occurred in the author's district during the November
2014 general election. The author's office provided the
committee with a picture of a campaign sign which can be
interpreted to be a false claim of incumbency by a challenger.
Despite this district example, however, the author's office
was unable to provide the committee with further examples
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demonstrating a statewide problem.
Moreover, it can be argued that campaign materials, such as
campaign signs, are already included within the existing
prohibition against statements or conduct that falsely
suggests that a person is an incumbent. Nevertheless, this
bill will strengthen and clarify current law by explicitly
including campaign materials and could help prevent candidate
misrepresentation in future elections.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by:Nichole Becker / E. & R. / (916) 319-2094
AB 370
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