Election CampaignsMisrepresentation by Candidates

Section § 18350

Explanation

This law section states that it's a misdemeanor for a person to intentionally mislead voters by pretending to be the current holder of a public office or acting as if they have previously served in that role when they have not. This applies to any false claims made through statements, actions, or campaign materials.

Additionally, a candidate for the related public office can file a civil lawsuit to stop such deceptive practices.

(a)CA Elections Code § 18350(a) A person is guilty of a misdemeanor 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, does either of the following acts:
(1)CA Elections Code § 18350(a)(1) Assumes, pretends, or implies, by his or her statements, conduct, or campaign materials, that he or she is the incumbent of a public office when that is not the case.
(2)CA Elections Code § 18350(a)(2) Assumes, pretends, or implies, by his or her statements, conduct, or campaign materials, that he or she is or has been acting in the capacity of a public officer when that is not the case.
(b)CA Elections Code § 18350(b) A violation of this section may be enjoined in a civil action brought by a candidate for the public office involved.
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Section § 18351

Explanation

This law states that if a candidate or a current officeholder in a recall election deliberately lies about an important fact in their official candidate statement to deceive voters, they can be fined up to $1,000. This applies to nonpartisan office campaigns.

Any candidate in an election or incumbent in a recall election who knowingly makes a false statement of a material fact in a candidate’s statement, prepared pursuant to Section 11327 or 13307, with the intent to mislead the voters in connection with his or her campaign for nomination or election to a nonpartisan office is punishable by a fine not to exceed one thousand dollars ($1,000).
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