26-120 California Election Laws

The following is a summary of relevant election-related laws. For exact language, please refer to the specific code section referenced.

Cal. Elections Code §§ 18520-18522

It is against the law to offer any kind of consideration (money, gifts, etc.) to get people to vote, or not vote, in any particular manner.

Cal. Elections Code § 18370

Any campaigning must remain at least 100 feet from any polling location. Campaigning includes circulating an initiative or petition, soliciting votes, speaking to voters about their qualifications, or visibly displaying or audibly disseminating information for or against any candidate or measure on the ballot. Any person who violates any of the provisions of this section is guilty of a misdemeanor.

Cal. Elections Code § 18502

Any person who interferes with the officers holding an election, with the election observation process, or with voters lawfully exercising their right to vote, as to prevent the election from being fairly held and lawfully conducted, is guilty of a felony.

Cal. Elections Code § 18540

(a) Any person who threatens to use or uses any force, violence, or tactic of coercion or intimidation to compel any other person to vote or refrain from voting, vote for a particular person or measure, or because any person voted or refrained from voting, is guilty of a felony.

(b) Every person who hires or arranges for any person to commit subdivision (a) is guilty of a felony.

Cal. Elections Code § 18541

No person shall, with the intent of dissuading another person from voting, within 100 feet of a polling location, do any of the following: solicit a vote or speak to a voter about marking their ballot; place a sign or speak to a voter about their qualifications; photograph, video record, or otherwise record a voter entering or exiting a polling place; or obstruct ingress, egress, or parking. Any violation of this section is punishable as a misdemeanor or felony. Any person who conspires to violate this section is guilty of a felony.

Cal. Elections Code § 18543

(a) No person shall knowingly challenge a person's right to vote without probable cause or on fraudulent grounds, or engage in mass, indiscriminate, and groundless challenging of voters solely for the purpose of preventing voters from voting or delaying the process, or fraudulently advise any person that they are not eligible to vote when that person is in fact eligible. A violation of this section is punishable as a misdemeanor or felony.

(b) Every person who conspires to violate subdivision (a) is guilty of a felony.

Cal. Elections Code § 18560

(a) No person shall fraudulently vote or attempt to vote in an election when they are not entitled to vote.

(b) No person shall vote or attempt to vote more than once in an election.

(c) No person shall impersonate or attempt to impersonate a voter at an election. A violation of this section is punishable as a misdemeanor or felony.

Cal. Elections Code § 18564

(a) No person shall tamper with or interfere with the correct operation of, or willfully damage in or order to prevent use of, any voting machine, voting device, or ballot tally software program source codes.

(b) No person shall interfere or attempt to interfere with the secrecy of voting software.

(c) No person shall knowingly, and without authorization, make or have possession of credentials, passwords, or access keys to a voting machine.

(d) No person shall willfully substitute or attempt to substitute forged or counterfeit ballot software. Any person who violates this section is guilty of a felony.

Cal. Elections Code § 403 (through 2029)

A law enforcement officer shall not arrest any person within 200 feet of a polling place on election day during the time in which the polling place is open, except for a crime related to disrupting the operation of the polling place, a crime against a person, or a crime against property. This section does not provide legal amnesty for any crime committed within the buffer zone on election day.

Cal. Elections Code § 405 (through 2029)

A law enforcement officer shall notify the Secretary of State and Attorney General of a suspected, planned, or actual violation of Section 403 or Section 18370, as laid out above.

Cal. Elections Code § 18544

No person in possession of a firearm, no uniformed peace officer, private guard, or security personnel, and no person who is wearing a uniform of a peace officer, guard, or security personnel may be stationed within 100 feet of a polling place without the written authorization of the elections official. This prohibition does not apply to (1) unarmed guards or security personnel who are voting, (2) peace officers conducting official business in the course of their public employment or voting, or (3) private guards or security personnel hired or arranged for either by the elections official or by the owner or manager of a location to provide security at a polling place other than just on election day. A violation of the provisions of this section is punishable as a misdemeanor or felony.

Cal. Elections Code § 18579

Any person who seizes or causes or assists in the seizure of ballots, election records, or certified voting technology or any portion thereof before election results are certified is guilty of a felony.

Poll Watchers

The public has the right to observe the voting process, including the processing of votes and recounts, at all voting locations and ask questions so long as they do not interfere with voting. Individuals cannot intimidate, harass, or ask voters any personal questions. Observers cannot display any campaign material or wear campaign badges, buttons, or apparel inside of a voting location.

A member of the public may not attempt to ascertain the identity and ballot choice of a voter, or open or mark a ballot to ascertain the voter's ballot choices. Any person who violates any of the provisions of this section is guilty of a misdemeanor. (Cal. Elections Code § 18562.5)

Members are reminded that there should be no political endorsements while on duty or in uniform. (DGO 2.01, General Rules of Conduct and DN 23-187 No Political Activity While on Duty)

See California Attorney General’s Information Bulletin on Election Interference.

/s/
DERRICK J. LEW
Chief of Police