Bill Text: CA SB638 | 2013-2014 | Regular Session | Introduced

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Bill Title: Election crimes: misrepresentation by candidates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB638 Detail]

Download: California-2013-SB638-Introduced.html

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BILL NUMBER: SB 638	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lara

                        FEBRUARY 22, 2013

   An act to add Section 18352 to the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 18352 is added to the Elections Code,
immediately following Section 18351, to read:
   18352.  (a) An individual who becomes, or induces 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, is guilty of a misdemeanor.
   (b) A candidate for a local or state office election in which an
individual becomes a candidate 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 the confusion caused by the similarity in names,
may seek a writ of mandate or an injunction requiring the removal of
the offending candidate from the ballot. A peremptory writ of mandate
or injunction shall be issued pursuant to this subdivision only upon
clear and convincing proof that the conduct described in this
subdivision has occurred.
  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.