California Secretary of State

Proposed Emergency Regulatory Action:

Notices Regarding Prohibition of Electioneering and

Corruption of the Voting Process

Emergency Readopt

Proposed Regulation Text

Title 2. Administration

Division 7. Secretary of State

Chapter 3.7 Voting Locations

Article 1. Notices Regarding Prohibition of Electioneering and Corruption of the Voting Process

20180. Providing Notice on Electioneering

  1. To ensure that voters, interested persons, and members of the public are aware of the prohibition of electioneering and its related penalties, county elections officials must provide public notice.
  2. The Secretary of State shall provide notice to the public as follows:
    1. Posting conspicuously on the Secretary of State’s internet website.
    2. Including the notice in the state voter information guide.
  3. County elections officials shall provide notice to the public as follows:
    1. Posting conspicuously on the county elections official’s internet website.
    2. Posting conspicuously at all buildings that contain a polling place (including an election official’s office or a satellite location) and any outdoor site (including a curbside voting area and a vote-by-mail ballot drop box) at which a voter may cast or drop off a ballot.
  4. The notice to the public shall be as follows:

    “WARNING:
    ELECTIONEERING PROHIBITED!
    Violations can lead to fines and/or imprisonment.

    WHERE:

    • Within the immediate vicinity of a person in line to cast their ballot or within 100 feet of the entrance of a polling place, curbside voting or drop box the following activities are prohibited.

    WHAT ACTIVITIES ARE PROHIBITED:

    • DO NOT ask a person to vote for or against any candidate or ballot measure.
    • DO NOT display a candidate’s name, image, or logo.
    • DO NOT block access to or loiter near any ballot drop boxes.
    • DO NOT provide any material or audible information for or against any candidate or ballot measure near any polling place, vote center, or ballot drop box.
    • DO NOT circulate any petitions, including for initiatives, referenda, recall, or candidate nominations.
    • DO NOT distribute, display, or wear any clothing (hats, shirts, signs, buttons, stickers) that include a candidate’s name, image, logo, and/or support or oppose any candidate or ballot measure.
    • DO NOT display information or speak to a voter about the voter’s eligibility to vote.

    The electioneering prohibitions summarized above are set forth in Article 7 of Chapter 4 of Division 18 of the California Elections Code.”

  5. In the event the county elections official does not have sufficient space on their vote-by-mail ballot drop boxes to include the entire notice provided in section (d), the county elections official, at a minimum, must include the following:

    “WARNING:
    ELECTIONEERING PROHIBITED!
    Violations can lead to fines and/or imprisonment.

    For additional information on the prohibitions of electioneering, please visit our website at (insert county website address here).”

  6. The format of the notice prescribed in section (d) may be modified based upon the needs of the county elections official.
  7.  The notice shall be provided in all languages required under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).

Note: Authority cited: Section 18372, Elections Code; Section 12172.5, Government Code. Reference cited: 52 U.S.C. Section 21083; Sections 18370, 18371, and 18372, Elections Code.

20181. Providing Notice on Activity Relating to Corruption of the Voting Process

  1. To ensure that voters, interested persons, and members of the public are aware of activities that constitute corruption of the voting process and the related penalties, county elections officials must provide public notice.
  2. The Secretary of State shall provide notice to the public as follows:
    1. Posting conspicuously on the Secretary of State’s internet website.
    2. Including the notice in the state voter information guide.
  3. County elections officials shall provide notice to the public as follows:
    1. Posting conspicuously on the county elections official’s internet website.
    2. Posting conspicuously at all buildings that contain a polling place (including an election official’s office or a satellite location) and any outdoor site (including a curbside voting area and a vote-by-mail ballot drop box) at which a voter may cast or drop off a ballot.
  4. The notice to the public shall be as follows:

    “WARNING:
    CORRUPTING THE VOTING PROCESS IS PROHIBITED!
    Violations can lead to fine and/or imprisonment.

    WHAT ACTIVITIES ARE PROHIBITED:

    • DO NOT commit or attempt to commit election fraud.
    • DO NOT provide any sort of compensation or bribery to, in any fashion or by any means induce or attempt to induce, a person to vote or refrain from voting.
    • DO NOT illegally vote.
    • DO NOT attempt to vote or aide another to vote when not entitled to vote.
    • DO NOT engage in electioneering; photograph or record a voter entering or exiting a polling place; or obstruct ingress, egress, or parking.
    • DO NOT challenge a person’s right to vote or prevent voters from voting; delay the process of voting; or fraudulently advise any person that they are not eligible to vote or is not registered to vote.
    • DO NOT attempt to ascertain how a voter voted their ballot.
    • DO NOT possess or arrange for someone to possess a firearm in the immediate vicinity of a polling place, with some exceptions.
    • DO NOT appear or arrange for someone to appear in the uniform of a peace officer, guard, or security personnel in the immediate vicinity of a polling place, with some exceptions.
    • DO NOT tamper or interfere with any component of a voting system.
    • DO NOT forge, counterfeit, or tamper with the returns of an election.
    • DO NOT alter the returns of an election.
    • DO NOT tamper with, destroy, or alter any polling list, official ballot, or ballot container.
    • DO NOT display any unofficial ballot collection container that may deceive a voter into believing it is an official collection box.
    • DO NOT tamper or interfere with copy of the results of votes cast.
    • DO NOT coerce or deceive a person who cannot read or an elder into voting for or against a candidate or measure contrary to their intent.
    • DO NOT act as an election officer when you are not one.

    EMPLOYERS cannot require or ask their employee to bring their vote by mail ballot to work or ask their employee to vote their ballot at work. At the time of payment of salary or wages, employers cannot enclose materials that attempt to influence the political opinions or actions of their employee.

    PRECINCT BOARD MEMBERS cannot attempt to determine how a voter voted their ballot or, if that information is discovered, disclose how a voter voted their ballot.

    The prohibitions on activity related to corruption of the voting process summarized above are set forth in Chapter 6 of Division 18 of the California Elections Code.”

  5. In the event the county elections official does not have sufficient space on their vote-by-mail ballot drop boxes to include the entire notice provided in section (d), the county elections official, at a minimum, must include the following:

    “WARNING:
    CORRUPTING THE VOTING PROCESS IS PROHIBITED!
    Violations can lead to fine and/or imprisonment.

    For additional information on what constitutes corruption of the voting process, please visit our website at (insert county website address here).”

  6. The format of the notice prescribed in section (d) may be modified based upon the needs of the elections official.
  7.  The notice shall be provided in all languages required under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).

Note: Authority cited: Section 18504, Elections Code; Section 12172.5, Government Code. Reference cited: 52 U.S.C. Section 21083; Sections 18500, 18501, 18502, 18503, 18504, 18520, 18521, 18522, 18523, 18524, 18540, 18541, 18542, 18543, 18544, 18545, 18546, 18547, 18548, 18560, 18561, 18562, 18562.5, 18563, 18564, 18564.5, 18565, 18566, 18567, 18568 18569, 18570, 18571, 18572, 18573, 18573.5, 18574, 18575, 18576, 18577, and 18578, Elections Code.

20182. Combined Notice on Vote-by-Mail Ballot Drop Boxes Relating to Electioneering and Activity Relating to Corruption of the Voting Process

  1. In the event county elections officials do not have sufficient space on their vote-by-mail ballot drop boxes to include the entire notices provided in Sections 20180(d) and 20181(d), county elections officials, at a minimum, must include the following:

    “WARNING:
    ELECTIONEERING AND CORRUPTING THE VOTING PROCESS IS PROHIBITED!
    Violations can lead to fines and/or imprisonment.

    For additional information on what constitutes electioneering and corruption of the voting process, please visit our website at (insert county website address here).”

  2. The notice shall be provided in all languages required under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503):

Note: Authority cited: Section 18372, Elections Code; Section 12172.5, Government Code. Reference cited: 52 U.S.C. Section 21083; Sections 18370, 18371, and 18372, Elections Code.