Bill Text: CA SB35 | 2021-2022 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Elections.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled) 2021-09-17 - Enrolled and presented to the Governor at 1:30 p.m. [SB35 Detail]

Download: California-2021-SB35-Introduced.html


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 35


Introduced by Senator Umberg

December 07, 2020


An act to amend Sections 319.5, 18370, and 18541 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 35, as introduced, Umberg. Elections: electioneering.
Existing law makes it a crime to conduct certain political activities, including electioneering, within 100 feet of a polling place, an election official’s office, or a satellite voting location, as defined. Existing law defines electioneering as displaying visible or disseminating audible information that advocates for or against any candidate or measure on the ballot in specified locations. Existing law makes it a crime to conduct certain activities within 100 feet of a polling place with the intent of dissuading another person from voting.
This bill would extend the distance within which such activities are prohibited to 200 feet.
Because this bill would change or expand the definition of a crime, 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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 319.5 of the Elections Code is amended to read:

319.5.
 “Electioneering” means the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot within 100 200 feet of a polling place, a vote center, an elections official’s office, or a satellite location under Section 3018. Prohibited electioneering information includes, but is not limited to, any of the following:
(a) A display of a candidate’s name, likeness, or logo.
(b) A display of a ballot measure’s number, title, subject, or logo.
(c) Buttons, hats, pencils, pens, shirts, signs, or stickers containing electioneering information.
(d) Dissemination of audible electioneering information.
(e) At vote by mail ballot drop boxes, loitering near or disseminating visible or audible electioneering information.

SEC. 2.

 Section 18370 of the Elections Code is amended to read:

18370.
 No person, on election day, or at any time that a voter may be casting a ballot, shall, within 100 200 feet of a polling place, a satellite location under Section 3018, or an elections official’s office:
(a) Circulate an initiative, referendum, recall, or nomination petition or any other petition.
(b) Solicit a vote or speak to a voter on the subject of marking his or her the voter’s ballot.
(c) Place a sign relating to voters’ qualifications or speak to a voter on the subject of his or her the voter’s qualifications except as provided in Section 14240.
(d) Do any electioneering as defined by Section 319.5.
As used in this section, “100 “200 feet of a polling place, a satellite location under Section 3018, or an elections official’s office” means a distance 100 200 feet from the room or rooms in which voters are signing the roster and casting ballots.
Any person who violates any of the provisions of this section is guilty of a misdemeanor.

SEC. 3.

 Section 18541 of the Elections Code is amended to read:

18541.
 (a) No person shall, with the intent of dissuading another person from voting, within 100 200 feet of a polling place, do any of the following:
(1) Solicit a vote or speak to a voter on the subject of marking his or her the voter’s ballot.
(2) Place a sign relating to voters’ qualifications or speak to a voter on the subject of his or her the voter’s qualifications except as provided in Section 14240.
(3) Photograph, video record, or otherwise record a voter entering or exiting a polling place.
(b) Any violation of this section is punishable by imprisonment in a county jail for not more than 12 months, or in the state prison. Any person who conspires to violate this section is guilty of a felony.
(c) For purposes of this section, 100 200 feet means a distance of 100 200 feet from the room or rooms in which voters are signing the roster and casting ballots.

SEC. 4.

 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.
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