Initiative, Referendum, and RecallFalse Affidavits Concerning Petitions

Section § 18660

Explanation

This law states that anyone who lies in a sworn statement (affidavit) about an initiative, referendum, or recall petition, or the signatures on such petitions, can face severe penalties. This includes a fine up to $5,000 and/or imprisonment for up to three years. It also applies to those who oversee the petition process, like company or organization officials, if they either instruct someone to lie or knowingly submit false affidavits. Penalties for these actions include the same potential fines and jail time.

(a)CA Elections Code § 18660(a) Every person is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment, who makes any false affidavit concerning an initiative, referendum, or recall petition or the signatures appended to an initiative, referendum, or recall petition.
(b)CA Elections Code § 18660(b) A person, company, organization, company official, or other organizational officer in charge of a person who circulates an initiative, referendum, or recall petition and who does either of the following is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment:
(1)CA Elections Code § 18660(b)(1) Knowingly directs an affiant to make a false affidavit concerning an initiative, referendum, or recall petition or the signatures appended to an initiative, referendum, or recall petition.
(2)CA Elections Code § 18660(b)(2) Knows or reasonably should know that an affiant has made a false affidavit concerning an initiative, referendum, or recall petition or the signatures appended to an initiative, referendum, or recall petition and submits the section of the petition that contains the false affidavit.
false affidavit initiative petition referendum petition ...

Section § 18661

Explanation

This law states that any public official or employee who knowingly makes a false statement or document regarding initiative, referendum, or recall petitions, or their signatures, could face a fine of up to $5,000, imprisonment for 16 months to three years, or both. The imprisonment can be served in a county jail for up to a year or as specified under the Penal Code.

Every public official or employee is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment, who knowingly makes any false return, certification or affidavit concerning any initiative, referendum, or recall petition or the signatures appended thereto.
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