Bill Text: CA AB370 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Election campaigns: candidate misrepresentation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-07-15 - Chaptered by Secretary of State - Chapter 105, Statutes of 2015. [AB370 Detail]

Download: California-2015-AB370-Chaptered.html

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BILL NUMBER: AB 370	CHAPTERED
	BILL TEXT

	CHAPTER  105
	FILED WITH SECRETARY OF STATE  JULY 15, 2015
	APPROVED BY GOVERNOR  JULY 15, 2015
	PASSED THE SENATE  JULY 2, 2015
	PASSED THE ASSEMBLY  APRIL 23, 2015

INTRODUCED BY   Assembly Member Brown

                        FEBRUARY 17, 2015

   An act to amend Section 18350 of the Elections Code, relating to
election campaigns.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 370, Brown. Election campaigns: candidate misrepresentation.
   Existing law provides that every 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, assumes, pretends, or implies, by his or
her statements or conduct, 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.
   This bill would specify that a person is guilty of a misdemeanor
if 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. By expanding the activities that constitute a crime, the 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.


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

  SECTION 1.  Section 18350 of the Elections Code is amended to read:

   18350.  (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.
  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.