Election CampaignsElectioneering

Section § 18370

Explanation

This law prevents certain activities near polling places during an election. It prohibits circulating petitions, soliciting votes, discussing how someone should mark their ballot, and any kind of electioneering within 100 feet of a polling place or any location where ballots are cast or dropped off. It also bans these activities close to voters in line. Violating these rules is considered a misdemeanor.

(a)CA Elections Code § 18370(a) A person shall not, on election day, or at any time that a voter may be casting a ballot, within the 100 foot limit specified in subdivision (b), do any of the following:
(1)CA Elections Code § 18370(a)(1) Circulate an initiative, referendum, recall, or nomination petition or any other petition.
(2)CA Elections Code § 18370(a)(2) Solicit a vote or speak to a voter on the subject of marking the voter’s ballot.
(3)CA Elections Code § 18370(a)(3) Place a sign relating to voters’ qualifications or speak to a voter on the subject of the voter’s qualifications except as provided in Section 14240.
(4)CA Elections Code § 18370(a)(4) Do any electioneering as defined by Section 319.5.
(b)CA Elections Code § 18370(b) The activities described in subdivision (a) are prohibited within 100 feet of either of the following:
(1)CA Elections Code § 18370(b)(1) The entrance to a building that contains a polling place as defined by Section 338.5, an elections official’s office, or a satellite location specified in Section 3018.
(2)CA Elections Code § 18370(b)(2) An outdoor site, including a curbside voting area, at which a voter may cast or drop off a ballot.
(c)CA Elections Code § 18370(c) A person shall not, on election day, or at any time that a voter may be casting a ballot, do any of the following within the immediate vicinity of a voter in line to cast a ballot or drop off a ballot:
(1)CA Elections Code § 18370(c)(1) Solicit a vote.
(2)CA Elections Code § 18370(c)(2) Speak to a voter about marking the voter’s ballot.
(3)CA Elections Code § 18370(c)(3) Disseminate visible or audible electioneering information.
(d)CA Elections Code § 18370(d) Any person who violates any of the provisions of this section is guilty of a misdemeanor.
electioneering polling place regulations voter solicitation ...

Section § 18371

Explanation

This law makes it illegal for candidates, campaign representatives, or anyone involved with a ballot measure to approach or influence a vote-by-mail voter while they are voting in their home or nearby. If someone knowingly breaks this rule, it is considered a misdemeanor, which is a type of crime. However, the law still allows campaign activities like calling or mailing, as long as they are not in direct conflict with other specific laws or the Voting Rights Act.

(a)CA Elections Code § 18371(a) No candidate or representative of a candidate, and no proponent, opponent, or representative of a proponent or opponent, of an initiative, referendum, or recall measure, or of a charter amendment, shall solicit the vote of a vote by mail voter, or do any electioneering, while in the residence or in the immediate presence of the voter, and during the time he or she knows the vote by mail voter is voting.
(b)CA Elections Code § 18371(b) Any person who knowingly violates this section is guilty of a misdemeanor.
(c)CA Elections Code § 18371(c) This section shall not be construed to conflict with any provision of the federal Voting Rights Act of 1965, as amended, nor to preclude electioneering by mail or telephone or in public places, except as prohibited by Section 18370, or by any other provision of law.
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Section § 18372

Explanation

This section requires that the public be informed about the rules against electioneering, which is influencing voters at polling places. The Secretary of State is responsible for creating rules on how this information should be distributed.

Notice regarding the prohibitions on electioneering set forth in this article shall be provided to the public. The Secretary of State shall promulgate regulations specifying the manner in which such notice shall be provided.
electioneering prohibitions public notice Secretary of State regulations ...