BILL NUMBER: AB 1133 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Niello
FEBRUARY 27, 2009
An act to amend Sections 18520, 18521, 18522, and 18540 of, and to
add Section 18522.5 to, the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1133, as introduced, Niello. Gifts for voting.
Existing law makes it a crime for a person or committee to attempt
to influence a voter, through the use of money, gifts, loans or
other valuable consideration, or through the use of force or
coercion, to abstain from voting or to vote for a particular person
or measure.
This bill would also make it a crime for a person or committee to
attempt to influence a voter, through the use of money, gifts, loans
or other valuable consideration, or through the use of force or
coercion, to register to vote or to vote at an election. The bill
would also make it a crime for a person to receive gifts, money,
loans, or other valuable consideration in return for registering to
vote.
Because the bill would create new crimes, it 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.
AB 1133, as introduced, Niello. Gifts for voting.
Existing law makes it a crime for a person or committee to attempt
to influence a voter, through the use of money, gifts, loans or
other valuable consideration, or through the use of force or
coercion, to abstain from voting or to vote for a particular person
or measure.
This bill would also make it a crime for a person or committee to
attempt to influence a voter, through the use of money, gifts, loans
or other valuable consideration, or through the use of force or
coercion, to register to vote or to vote at an election. The bill
would also make it a crime for a person to receive gifts, money,
loans, or other valuable consideration in return for registering to
vote.
Because the bill would create new crimes, it 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.
AB 1133, as introduced, Niello. Gifts for voting.
Existing law makes it a crime for a person or committee to attempt
to influence a voter, through the use of money, gifts, loans or
other valuable consideration, or through the use of force or
coercion, to abstain from voting or to vote for a particular person
or measure.
This bill would also make it a crime for a person or committee to
attempt to influence a voter, through the use of money, gifts, loans
or other valuable consideration, or through the use of force or
coercion, to register to vote or to vote at an election. The bill
would also make it a crime for a person to receive gifts, money,
loans, or other valuable consideration in return for registering to
vote.
Because the bill would create new crimes, it 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.
AB 1133, as introduced, Niello. Gifts for voting.
Existing law makes it a crime for a person or committee to attempt
to influence a voter, through the use of money, gifts, loans or
other valuable consideration, or through the use of force or
coercion, to abstain from voting or to vote for a particular person
or measure.
This bill would also make it a crime for a person or committee to
attempt to influence a voter, through the use of money, gifts, loans
or other valuable consideration, or through the use of force or
coercion, to register to vote or to vote at an election. The bill
would also make it a crime for a person to receive gifts, money,
loans, or other valuable consideration in return for registering to
vote.
Because the bill would create new crimes, it 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.
AB 1133, as introduced, Niello. Gifts for voting.
Existing law makes it a crime for a person or committee to attempt
to influence a voter, through the use of money, gifts, loans or
other valuable consideration, or through the use of force or
coercion, to abstain from voting or to vote for a particular person
or measure.
This bill would also make it a crime for a person or committee to
attempt to influence a voter, through the use of money, gifts, loans
or other valuable consideration, or through the use of force or
coercion, to register to vote or to vote at an election. The bill
would also make it a crime for a person to receive gifts, money,
loans, or other valuable consideration in return for registering to
vote.
Because the bill would create new crimes, it 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.
AB 1133, as introduced, Niello. Gifts for voting.
Existing law makes it a crime for a person or committee to attempt
to influence a voter, through the use of money, gifts, loans or
other valuable consideration, or through the use of force or
coercion, to abstain from voting or to vote for a particular person
or measure.
This bill would also make it a crime for a person or committee to
attempt to influence a voter, through the use of money, gifts, loans
or other valuable consideration, or through the use of force or
coercion, to register to vote or to vote at an election. The bill
would also make it a crime for a person to receive gifts, money,
loans, or other valuable consideration in return for registering to
vote.
Because the bill would create new crimes, it 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 1. Section 18520 of the Elections Code is amended to read:
18520. A person shall not directly or through another person
give, offer, or promise any office, place, or employment, or promise
to procure or endeavor to procure any office, place, or employment to
or for any voter, or to or for any other
another person, in order to induce that voter at any
election to do any of the following :
(a) Register to vote.
(b) Vote at an election.
(a)
(c) Refrain from voting.
(b)
(d) Vote for any a
particular person.
(c)
(e) Refrain from voting for any
a particular person.
A violation of any of the provisions of this
section shall be punishable by imprisonment in the state prison for
16 months or two or three years. This section shall
not be construed to prohibit a person from offering or accepting
transportation to or from a polling place or other location where a
ballot may be cast.
SEC. 2. Section 18521 of the Elections Code is amended to read:
18521. A person shall not directly or through any other
another person receive, agree, or contract for,
before, during or after an election, any money, gift, loan, or other
valuable consideration, office, place, or employment for himself or
any other herself or another person
because he or any other she or another
person did any of the following :
(a) Voted.
(a)
(b) Voted, agreed to vote, refrained from voting, or
agreed to refrain from voting for any a
particular person or measure.
(b)
(c) Remained away from the polls.
(c)
(d) Refrained or agreed to refrain from voting.
(d)
(e) Induced any other person to do any of the
following :
(1) Vote.
(1)
(2) Remain away from the polls.
(2)
(3) Refrain from voting.
(3)
(4) Vote or refrain from voting for any
a particular person or measure.
Any person violating this section is punishable by imprisonment in
the state prison for 16 months or two or three years. This
section shall not be construed to prohibit a person from offering or
accepting transportation to or from a polling place or other location
where a ballot may be cast.
SEC. 3. Section 18522 of the Elections Code is amended to read:
18522. Neither a person nor a controlled committee shall directly
or through any other another person or
controlled committee pay, lend, or contribute, or offer or promise
to pay, lend, or contribute, any money or other
valuable consideration to or for any a
voter or to or for any other another
person to do any of the following :
(a) Induce any a voter to do
any of the following :
(1) Refrain from voting at any an
election.
(2) Vote or refrain from voting at an election for any
a particular person or measure.
(3) Remain away from the polls at an election.
(4) Vote at an election.
(b) Reward any a voter for having
done any of the following :
(1) Refrained from voting.
(2) Voted for any a particular
person or measure.
(3) Refrained from voting for any a
particular person or measure.
(4) Remained away from the polls at an election.
(5) Voted.
Any person or candidate violating this section is punishable by
imprisonment in the state prison for 16 months or two or three years.
This section shall not be construed to prohibit a person from
offering or accepting transportation to or from a polling place or
other location where a ballot may be cast.
SEC. 4. Section 18522.5 is added to the Elections Code, to read:
18522.5. (a) A person or a committee shall not directly or
through another person or committee pay, lend, or contribute, or
offer or promise to pay, lend, or contribute, any money, gift, loan,
or other valuable consideration to any person for registering to
vote.
(b) A person shall not receive, contract to receive, or conspire
to receive any money, gift, loan, or other valuable consideration for
registering to vote.
(c) A violation of this section by a person, committee, or
candidate is punishable by imprisonment in the state prison for 16
months or two or three years.
SEC. 5. 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
another person to register to vote, vote at an
election, or refrain from voting at any
an election or to vote or refrain from voting for any
a particular person or measure at any
an election, or because any
a person voted or refrained from voting at any
an election or voted or refrained from voting
for any a particular person or measure
at any an 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
another 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
another person to register to vote,
vote at an election, or refrain from voting at
any an election or to vote or refrain from
voting for any a particular person or
measure at any an election, or because
any a person voted or refrained from
voting at any an election or voted or
refrained from voting for any a
particular person or measure at any an
election is guilty of a felony punishable by imprisonment in the
state prison for 16 months or two or three years.
SEC. 6. 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.
SECTION 1. Section 18520 of the Elections Code is amended to read:
18520. A person shall not directly or through another person
give, offer, or promise any office, place, or employment, or promise
to procure or endeavor to procure any office, place, or employment to
or for any voter, or to or for any other
another person, in order to induce that voter at any
election to do any of the following :
(a) Register to vote.
(b) Vote at an election.
(a)
(c) Refrain from voting.
(b)
(d) Vote for any a
particular person.
(c)
(e) Refrain from voting for any
a particular person.
A violation of any of the provisions of this
section shall be punishable by imprisonment in the state prison for
16 months or two or three years. This section shall
not be construed to prohibit a person from offering or accepting
transportation to or from a polling place or other location where a
ballot may be cast.
SEC. 2. Section 18521 of the Elections Code is amended to read:
18521. A person shall not directly or through any other
another person receive, agree, or contract for,
before, during or after an election, any money, gift, loan, or other
valuable consideration, office, place, or employment for himself or
any other herself or another person
because he or any other she or another
person did any of the following :
(a) Voted.
(a)
(b) Voted, agreed to vote, refrained from voting, or
agreed to refrain from voting for any a
particular person or measure.
(b)
(c) Remained away from the polls.
(c)
(d) Refrained or agreed to refrain from voting.
(d)
(e) Induced any other person to do any of the
following :
(1) Vote.
(1)
(2) Remain away from the polls.
(2)
(3) Refrain from voting.
(3)
(4) Vote or refrain from voting for any
a particular person or measure.
Any person violating this section is punishable by imprisonment in
the state prison for 16 months or two or three years. This
section shall not be construed to prohibit a person from offering or
accepting transportation to or from a polling place or other location
where a ballot may be cast.
SEC. 3. Section 18522 of the Elections Code is amended to read:
18522. Neither a person nor a controlled committee shall directly
or through any other another person or
controlled committee pay, lend, or contribute, or offer or promise
to pay, lend, or contribute, any money or other
valuable consideration to or for any a
voter or to or for any other another
person to do any of the following :
(a) Induce any a voter to do
any of the following :
(1) Refrain from voting at any an
election.
(2) Vote or refrain from voting at an election for any
a particular person or measure.
(3) Remain away from the polls at an election.
(4) Vote at an election.
(b) Reward any a voter for having
done any of the following :
(1) Refrained from voting.
(2) Voted for any a particular
person or measure.
(3) Refrained from voting for any a
particular person or measure.
(4) Remained away from the polls at an election.
(5) Voted.
Any person or candidate violating this section is punishable by
imprisonment in the state prison for 16 months or two or three years.
This section shall not be construed to prohibit a person from
offering or accepting transportation to or from a polling place or
other location where a ballot may be cast.
SEC. 4. Section 18522.5 is added to the Elections Code, to read:
18522.5. (a) A person or a committee shall not directly or
through another person or committee pay, lend, or contribute, or
offer or promise to pay, lend, or contribute, any money, gift, loan,
or other valuable consideration to any person for registering to
vote.
(b) A person shall not receive, contract to receive, or conspire
to receive any money, gift, loan, or other valuable consideration for
registering to vote.
(c) A violation of this section by a person, committee, or
candidate is punishable by imprisonment in the state prison for 16
months or two or three years.
SEC. 5. 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
another person to register to vote, vote at an
election, or refrain from voting at any
an election or to vote or refrain from voting for any
a particular person or measure at any
an election, or because any
a person voted or refrained from voting at any
an election or voted or refrained from voting
for any a particular person or measure
at any an 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
another 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
another person to register to vote,
vote at an election, or refrain from voting at
any an election or to vote or refrain from
voting for any a particular person or
measure at any an election, or because
any a person voted or refrained from
voting at any an election or voted or
refrained from voting for any a
particular person or measure at any an
election is guilty of a felony punishable by imprisonment in the
state prison for 16 months or two or three years.
SEC. 6. 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.
SECTION 1. Section 18520 of the Elections Code is amended to read:
18520. A person shall not directly or through another person
give, offer, or promise any office, place, or employment, or promise
to procure or endeavor to procure any office, place, or employment to
or for any voter, or to or for any other
another person, in order to induce that voter at any
election to do any of the following :
(a) Register to vote.
(b) Vote at an election.
(a)
(c) Refrain from voting.
(b)
(d) Vote for any a
particular person.
(c)
(e) Refrain from voting for any
a particular person.
A violation of any of the provisions of this
section shall be punishable by imprisonment in the state prison for
16 months or two or three years. This section shall
not be construed to prohibit a person from offering or accepting
transportation to or from a polling place or other location where a
ballot may be cast.
SEC. 2. Section 18521 of the Elections Code is amended to read:
18521. A person shall not directly or through any other
another person receive, agree, or contract for,
before, during or after an election, any money, gift, loan, or other
valuable consideration, office, place, or employment for himself or
any other herself or another person
because he or any other she or another
person did any of the following :
(a) Voted.
(a)
(b) Voted, agreed to vote, refrained from voting, or
agreed to refrain from voting for any a
particular person or measure.
(b)
(c) Remained away from the polls.
(c)
(d) Refrained or agreed to refrain from voting.
(d)
(e) Induced any other person to do any of the
following :
(1) Vote.
(1)
(2) Remain away from the polls.
(2)
(3) Refrain from voting.
(3)
(4) Vote or refrain from voting for any
a particular person or measure.
Any person violating this section is punishable by imprisonment in
the state prison for 16 months or two or three years. This
section shall not be construed to prohibit a person from offering or
accepting transportation to or from a polling place or other location
where a ballot may be cast.
SEC. 3. Section 18522 of the Elections Code is amended to read:
18522. Neither a person nor a controlled committee shall directly
or through any other another person or
controlled committee pay, lend, or contribute, or offer or promise
to pay, lend, or contribute, any money or other
valuable consideration to or for any a
voter or to or for any other another
person to do any of the following :
(a) Induce any a voter to do
any of the following :
(1) Refrain from voting at any an
election.
(2) Vote or refrain from voting at an election for any
a particular person or measure.
(3) Remain away from the polls at an election.
(4) Vote at an election.
(b) Reward any a voter for having
done any of the following :
(1) Refrained from voting.
(2) Voted for any a particular
person or measure.
(3) Refrained from voting for any a
particular person or measure.
(4) Remained away from the polls at an election.
(5) Voted.
Any person or candidate violating this section is punishable by
imprisonment in the state prison for 16 months or two or three years.
This section shall not be construed to prohibit a person from
offering or accepting transportation to or from a polling place or
other location where a ballot may be cast.
SEC. 4. Section 18522.5 is added to the Elections Code, to read:
18522.5. (a) A person or a committee shall not directly or
through another person or committee pay, lend, or contribute, or
offer or promise to pay, lend, or contribute, any money, gift, loan,
or other valuable consideration to any person for registering to
vote.
(b) A person shall not receive, contract to receive, or conspire
to receive any money, gift, loan, or other valuable consideration for
registering to vote.
(c) A violation of this section by a person, committee, or
candidate is punishable by imprisonment in the state prison for 16
months or two or three years.
SEC. 5. 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
another person to register to vote, vote at an
election, or refrain from voting at any
an election or to vote or refrain from voting for any
a particular person or measure at any
an election, or because any
a person voted or refrained from voting at any
an election or voted or refrained from voting
for any a particular person or measure
at any an 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
another 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
another person to register to vote,
vote at an election, or refrain from voting at
any an election or to vote or refrain from
voting for any a particular person or
measure at any an election, or because
any a person voted or refrained from
voting at any an election or voted or
refrained from voting for any a
particular person or measure at any an
election is guilty of a felony punishable by imprisonment in the
state prison for 16 months or two or three years.
SEC. 6. 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.
SECTION 1. Section 18520 of the Elections Code is amended to read:
18520. A person shall not directly or through another person
give, offer, or promise any office, place, or employment, or promise
to procure or endeavor to procure any office, place, or employment to
or for any voter, or to or for any other
another person, in order to induce that voter at any
election to do any of the following :
(a) Register to vote.
(b) Vote at an election.
(a)
(c) Refrain from voting.
(b)
(d) Vote for any a
particular person.
(c)
(e) Refrain from voting for any
a particular person.
A violation of any of the provisions of this
section shall be punishable by imprisonment in the state prison for
16 months or two or three years. This section shall
not be construed to prohibit a person from offering or accepting
transportation to or from a polling place or other location where a
ballot may be cast.
SEC. 2. Section 18521 of the Elections Code is amended to read:
18521. A person shall not directly or through any other
another person receive, agree, or contract for,
before, during or after an election, any money, gift, loan, or other
valuable consideration, office, place, or employment for himself or
any other herself or another person
because he or any other she or another
person did any of the following :
(a) Voted.
(a)
(b) Voted, agreed to vote, refrained from voting, or
agreed to refrain from voting for any a
particular person or measure.
(b)
(c) Remained away from the polls.
(c)
(d) Refrained or agreed to refrain from voting.
(d)
(e) Induced any other person to do any of the
following :
(1) Vote.
(1)
(2) Remain away from the polls.
(2)
(3) Refrain from voting.
(3)
(4) Vote or refrain from voting for any
a particular person or measure.
Any person violating this section is punishable by imprisonment in
the state prison for 16 months or two or three years. This
section shall not be construed to prohibit a person from offering or
accepting transportation to or from a polling place or other location
where a ballot may be cast.
SEC. 3. Section 18522 of the Elections Code is amended to read:
18522. Neither a person nor a controlled committee shall directly
or through any other another person or
controlled committee pay, lend, or contribute, or offer or promise
to pay, lend, or contribute, any money or other
valuable consideration to or for any a
voter or to or for any other another
person to do any of the following :
(a) Induce any a voter to do
any of the following :
(1) Refrain from voting at any an
election.
(2) Vote or refrain from voting at an election for any
a particular person or measure.
(3) Remain away from the polls at an election.
(4) Vote at an election.
(b) Reward any a voter for having
done any of the following :
(1) Refrained from voting.
(2) Voted for any a particular
person or measure.
(3) Refrained from voting for any a
particular person or measure.
(4) Remained away from the polls at an election.
(5) Voted.
Any person or candidate violating this section is punishable by
imprisonment in the state prison for 16 months or two or three years.
This section shall not be construed to prohibit a person from
offering or accepting transportation to or from a polling place or
other location where a ballot may be cast.
SEC. 4. Section 18522.5 is added to the Elections Code, to read:
18522.5. (a) A person or a committee shall not directly or
through another person or committee pay, lend, or contribute, or
offer or promise to pay, lend, or contribute, any money, gift, loan,
or other valuable consideration to any person for registering to
vote.
(b) A person shall not receive, contract to receive, or conspire
to receive any money, gift, loan, or other valuable consideration for
registering to vote.
(c) A violation of this section by a person, committee, or
candidate is punishable by imprisonment in the state prison for 16
months or two or three years.
SEC. 5. 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
another person to register to vote, vote at an
election, or refrain from voting at any
an election or to vote or refrain from voting for any
a particular person or measure at any
an election, or because any
a person voted or refrained from voting at any
an election or voted or refrained from voting
for any a particular person or measure
at any an 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
another 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
another person to register to vote,
vote at an election, or refrain from voting at
any an election or to vote or refrain from
voting for any a particular person or
measure at any an election, or because
any a person voted or refrained from
voting at any an election or voted or
refrained from voting for any a
particular person or measure at any an
election is guilty of a felony punishable by imprisonment in the
state prison for 16 months or two or three years.
SEC. 6. 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.
SECTION 1. Section 18520 of the Elections Code is amended to read:
18520. A person shall not directly or through another person
give, offer, or promise any office, place, or employment, or promise
to procure or endeavor to procure any office, place, or employment to
or for any voter, or to or for any other
another person, in order to induce that voter at any
election to do any of the following :
(a) Register to vote.
(b) Vote at an election.
(a)
(c) Refrain from voting.
(b)
(d) Vote for any a
particular person.
(c)
(e) Refrain from voting for any
a particular person.
A violation of any of the provisions of this
section shall be punishable by imprisonment in the state prison for
16 months or two or three years. This section shall
not be construed to prohibit a person from offering or accepting
transportation to or from a polling place or other location where a
ballot may be cast.
SEC. 2. Section 18521 of the Elections Code is amended to read:
18521. A person shall not directly or through any other
another person receive, agree, or contract for,
before, during or after an election, any money, gift, loan, or other
valuable consideration, office, place, or employment for himself or
any other herself or another person
because he or any other she or another
person did any of the following :
(a) Voted.
(a)
(b) Voted, agreed to vote, refrained from voting, or
agreed to refrain from voting for any a
particular person or measure.
(b)
(c) Remained away from the polls.
(c)
(d) Refrained or agreed to refrain from voting.
(d)
(e) Induced any other person to do any of the
following :
(1) Vote.
(1)
(2) Remain away from the polls.
(2)
(3) Refrain from voting.
(3)
(4) Vote or refrain from voting for any
a particular person or measure.
Any person violating this section is punishable by imprisonment in
the state prison for 16 months or two or three years. This
section shall not be construed to prohibit a person from offering or
accepting transportation to or from a polling place or other location
where a ballot may be cast.
SEC. 3. Section 18522 of the Elections Code is amended to read:
18522. Neither a person nor a controlled committee shall directly
or through any other another person or
controlled committee pay, lend, or contribute, or offer or promise
to pay, lend, or contribute, any money or other
valuable consideration to or for any a
voter or to or for any other another
person to do any of the following :
(a) Induce any a voter to do
any of the following :
(1) Refrain from voting at any an
election.
(2) Vote or refrain from voting at an election for any
a particular person or measure.
(3) Remain away from the polls at an election.
(4) Vote at an election.
(b) Reward any a voter for having
done any of the following :
(1) Refrained from voting.
(2) Voted for any a particular
person or measure.
(3) Refrained from voting for any a
particular person or measure.
(4) Remained away from the polls at an election.
(5) Voted.
Any person or candidate violating this section is punishable by
imprisonment in the state prison for 16 months or two or three years.
This section shall not be construed to prohibit a person from
offering or accepting transportation to or from a polling place or
other location where a ballot may be cast.
SEC. 4. Section 18522.5 is added to the Elections Code, to read:
18522.5. (a) A person or a committee shall not directly or
through another person or committee pay, lend, or contribute, or
offer or promise to pay, lend, or contribute, any money, gift, loan,
or other valuable consideration to any person for registering to
vote.
(b) A person shall not receive, contract to receive, or conspire
to receive any money, gift, loan, or other valuable consideration for
registering to vote.
(c) A violation of this section by a person, committee, or
candidate is punishable by imprisonment in the state prison for 16
months or two or three years.
SEC. 5. 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
another person to register to vote, vote at an
election, or refrain from voting at any
an election or to vote or refrain from voting for any
a particular person or measure at any
an election, or because any
a person voted or refrained from voting at any
an election or voted or refrained from voting
for any a particular person or measure
at any an 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
another 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
another person to register to vote,
vote at an election, or refrain from voting at
any an election or to vote or refrain from
voting for any a particular person or
measure at any an election, or because
any a person voted or refrained from
voting at any an election or voted or
refrained from voting for any a
particular person or measure at any an
election is guilty of a felony punishable by imprisonment in the
state prison for 16 months or two or three years.
SEC. 6. 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.
SECTION 1. Section 18520 of the Elections Code is amended to read:
18520. A person shall not directly or through another person
give, offer, or promise any office, place, or employment, or promise
to procure or endeavor to procure any office, place, or employment to
or for any voter, or to or for any other
another person, in order to induce that voter at any
election to do any of the following :
(a) Register to vote.
(b) Vote at an election.
(a)
(c) Refrain from voting.
(b)
(d) Vote for any a
particular person.
(c)
(e) Refrain from voting for any
a particular person.
A violation of any of the provisions of this
section shall be punishable by imprisonment in the state prison for
16 months or two or three years. This section shall
not be construed to prohibit a person from offering or accepting
transportation to or from a polling place or other location where a
ballot may be cast.
SEC. 2. Section 18521 of the Elections Code is amended to read:
18521. A person shall not directly or through any other
another person receive, agree, or contract for,
before, during or after an election, any money, gift, loan, or other
valuable consideration, office, place, or employment for himself or
any other herself or another person
because he or any other she or another
person did any of the following :
(a) Voted.
(a)
(b) Voted, agreed to vote, refrained from voting, or
agreed to refrain from voting for any a
particular person or measure.
(b)
(c) Remained away from the polls.
(c)
(d) Refrained or agreed to refrain from voting.
(d)
(e) Induced any other person to do any of the
following :
(1) Vote.
(1)
(2) Remain away from the polls.
(2)
(3) Refrain from voting.
(3)
(4) Vote or refrain from voting for any
a particular person or measure.
Any person violating this section is punishable by imprisonment in
the state prison for 16 months or two or three years. This
section shall not be construed to prohibit a person from offering or
accepting transportation to or from a polling place or other location
where a ballot may be cast.
SEC. 3. Section 18522 of the Elections Code is amended to read:
18522. Neither a person nor a controlled committee shall directly
or through any other another person or
controlled committee pay, lend, or contribute, or offer or promise
to pay, lend, or contribute, any money or other
valuable consideration to or for any a
voter or to or for any other another
person to do any of the following :
(a) Induce any a voter to do
any of the following :
(1) Refrain from voting at any an
election.
(2) Vote or refrain from voting at an election for any
a particular person or measure.
(3) Remain away from the polls at an election.
(4) Vote at an election.
(b) Reward any a voter for having
done any of the following :
(1) Refrained from voting.
(2) Voted for any a particular
person or measure.
(3) Refrained from voting for any a
particular person or measure.
(4) Remained away from the polls at an election.
(5) Voted.
Any person or candidate violating this section is punishable by
imprisonment in the state prison for 16 months or two or three years.
This section shall not be construed to prohibit a person from
offering or accepting transportation to or from a polling place or
other location where a ballot may be cast.
SEC. 4. Section 18522.5 is added to the Elections Code, to read:
18522.5. (a) A person or a committee shall not directly or
through another person or committee pay, lend, or contribute, or
offer or promise to pay, lend, or contribute, any money, gift, loan,
or other valuable consideration to any person for registering to
vote.
(b) A person shall not receive, contract to receive, or conspire
to receive any money, gift, loan, or other valuable consideration for
registering to vote.
(c) A violation of this section by a person, committee, or
candidate is punishable by imprisonment in the state prison for 16
months or two or three years.
SEC. 5. 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
another person to register to vote, vote at an
election, or refrain from voting at any
an election or to vote or refrain from voting for any
a particular person or measure at any
an election, or because any
a person voted or refrained from voting at any
an election or voted or refrained from voting
for any a particular person or measure
at any an 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
another 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
another person to register to vote,
vote at an election, or refrain from voting at
any an election or to vote or refrain from
voting for any a particular person or
measure at any an election, or because
any a person voted or refrained from
voting at any an election or voted or
refrained from voting for any a
particular person or measure at any an
election is guilty of a felony punishable by imprisonment in the
state prison for 16 months or two or three years.
SEC. 6. 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.