Chapter 2. Voter Registration of California Elections Code >> Division 18. >> Chapter 2.
(a) Every person who willfully causes, procures, or allows
himself or herself or any other person to be registered as a voter,
knowing that he or she or that other person is not entitled to
registration, is punishable 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 for not more than one year.
(b) Every person who knowingly and willfully signs, or causes or
procures the signing of, an affidavit of registration of a
nonexistent person, and who mails or delivers, or causes or procures
the mailing or delivery of, that affidavit to a county elections
official is guilty of a crime punishable 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 for not more than one year.
For purposes of this subdivision, "nonexistent person" includes, but
is not limited to, deceased persons, animals, and inanimate objects.
Every person who knowingly and willfully completes, or
causes or procures the completion of, in whole or in part, an
affidavit of registration or a voter registration card, with the
intent to cause the registration or reregistration as a voter of a
fictitious person or of any person who has not requested registration
or reregistration as a voter, is guilty of a crime punishable 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 for
not more than one year.
Any deputy elections official or registration elections
official who knowingly registers a nonexistent person, knowingly
registers a person under a false name or address, or knowingly
registers a person who is ineligible to register is punishable 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 for
not more than one year.
Any person who knowingly or negligently (a) interferes with
the prompt transfer of a completed affidavit of registration to the
county elections official, (b) retains a voter's completed
registration card, without the voter's authorization, for more than
three days, excluding Saturdays, Sundays, and state holidays, or
after the close of registration, or (c) denies a voter the right to
return to the county elections official the voter's own completed
registration card, is guilty of a misdemeanor punishable by a fine
not to exceed one thousand dollars ($1,000).
Any deputy registrar of voters having charge of affidavits
of registration is guilty of a misdemeanor who knowingly neglects or
refuses to return affidavits of registration as provided in Article 3
(commencing with Section 2135) of Chapter 2 of Division 2. The
county elections official shall report to the district attorney of
the county, under oath, the names of any deputies who have failed to
return the affidavits. The district attorney shall take appropriate
civil or criminal action.
Any individual or organization having charge of affidavits
of registration is guilty of a misdemeanor who knowingly neglects or
refuses to return affidavits of registration as provided in Article 3
(commencing with Section 2135) of Chapter 2 of Division 2. The
county elections official shall report to the district attorney of
the county, under oath, the names of any individuals or organizations
who have failed to return the affidavits. The district attorney
shall take appropriate civil or criminal action.
No affidavit of registration or voter registration card
shall contain, and no person other than the registrant shall write on
or affix thereto, or cause to be written on or affixed thereto, any
statement urging or indicating support or opposition to any candidate
or measure.
Any person who violates this section is guilty of a misdemeanor.
Every person is punishable 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 for not more than one year
who, without the specific consent of the affiant, willfully and with
the intent to affect the affiant's voting rights, causes, procures,
or allows the completion, alteration, or defacement of the affiant's
party affiliation declaration contained in an executed, or partially
executed, affidavit of registration pursuant to paragraph (8) of
subdivision (a) of Section 2150 and Section 2151.
This section shall not apply to a county elections official
carrying out his or her official duties.
Every person who willfully violates Section 2158 is guilty
of an infraction, punishable by a fine not to exceed two hundred
dollars ($200).
Every person who willfully violates subdivision (c) of
Section 3008 is guilty of an infraction, punishable by a fine not to
exceed two hundred dollars ($200) per application.
(a) Except as provided in subdivision (c), any person who
receives money or other valuable consideration to assist another to
register to vote by receiving the completed affidavit of registration
from the elector, and fails to comply with Section 2159, is guilty
of a misdemeanor, and shall be punished by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding six months or when the failure to comply is found to be
willful, not exceeding one year, or both.
(b) Any person who receives money or other valuable consideration
to assist another to register to vote by receiving the completed
affidavit of registration from the elector, upon a third or
subsequent conviction, on charges brought and separately tried, for
failure to comply with Section 2159 shall be punished by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
county jail not to exceed one year, or both.
(c) This section shall not apply to any public agency or its
employees that is designated as a voter registration agency pursuant
to the National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501
et seq.), when an elector asks for assistance to register to vote
during the course and scope of the agency's normal business.
(a) Except as provided in subdivision (c), any person who
receives money or other valuable consideration to assist another to
register to vote by receiving the completed affidavit of registration
from the elector, and knowingly misrepresents himself or herself as
having helped register another to vote on a registration form,
pursuant to Section 2159, is guilty of a misdemeanor, and shall be
punished by a fine not exceeding one thousand dollars ($1,000), by
imprisonment in the county jail not exceeding six months, or by both
the fine and imprisonment.
(b) Any person who receives money or other valuable consideration
to assist another to register to vote by receiving the completed
affidavit of registration from the elector, upon a third or
subsequent conviction, on charges brought and separately tried, for
misrepresenting himself or herself as having helped register another
to vote on a registration form, pursuant to Section 2159, shall be
punished by a fine not exceeding ten thousand dollars ($10,000), by
imprisonment in the county jail not to exceed one year, or by both
the fine and imprisonment.
(c) This section shall not apply to any public agency or its
employees that is designated as a voter registration agency pursuant
to the National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501
et seq.), when an elector asks for assistance to register to vote
during the course and scope of the agency's normal business.
(a) A person, company, or other organization that agrees
to pay money or other valuable consideration, whether on a
per-affidavit basis or otherwise, to a person who assists another
person to register to vote by receiving the completed affidavit of
registration, or by assisting with the submission of an affidavit of
registration electronically on the Internet Web site of the Secretary
of State, who fails to comply with Section 2159.5, is guilty of a
misdemeanor, and shall be punished by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding six months or when the failure to comply is found to be
willful, not exceeding one year, or both.
(b) A person, company, or other organization that agrees to pay
money or other valuable consideration, whether on a per-affidavit
basis or otherwise, to a person who assists another person to
register to vote by receiving the completed affidavit of
registration, or by assisting with the submission of an affidavit of
registration electronically on the Internet Web site of the Secretary
of State, upon a third or subsequent conviction, on charges brought
and separately tried, for failure to comply with Section 2159.5 shall
be punished by a fine not exceeding ten thousand dollars ($10,000),
or by imprisonment in the county jail not to exceed one year, or
both.
(c) An elections official shall notify a person, company, or other
organization that agrees to pay money or other valuable
consideration, whether on a per-affidavit basis or otherwise, to a
person who assists another person to register to vote by receiving
the completed affidavit of registration or by assisting with the
submission of an affidavit of registration electronically on the
Internet Web site of the Secretary of State, that three or more
affidavits of registration submitted by a person who assisted another
to register to vote do not comply with Sections 18100, 18101, 18103,
or 18106. The elections official may forward a copy of each of the
noncomplying affidavits of registration to the district attorney, who
may make a determination whether probable cause exists to believe
that a violation of law has occurred.
(d) This section shall not apply to a public agency or its
employees that is designated as a voter registration agency pursuant
to the federal National Voter Registration Act of 1993 (52 U.S.C.
Sec. 20501 et seq.), when an elector asks for assistance to register
to vote during the course and scope of the agency's normal business.
(a) It is a misdemeanor for a person in possession of
information identified in Section 2138.5, or obtained pursuant to
Article 5 (commencing with Section 2180) of Chapter 2 of Division 2
of this code or Section 6254.4 of the Government Code, knowingly to
use or permit the use of all or any part of that information for any
purpose other than as permitted by law.
(b) It is a misdemeanor for a person knowingly to acquire
possession or use of voter registration information from the
Secretary of State or a county elections official without first
complying with Section 2188.
(a) It is a misdemeanor for a person in possession of
information identified in Section 2138.5, or obtained pursuant to
Article 5 (commencing with Section 2183) of Chapter 2 of Division 2
of this code or Section 6254.4 of the Government Code, knowingly to
use or permit the use of all or any part of that information for any
purpose other than as permitted by law.
(b) It is a misdemeanor for a person knowingly to acquire
possession or use of voter registration information from the
Secretary of State or a county elections official without first
complying with Section 2188.
(a) For purposes of this section, "home address" means only
street address and does not include an individual's city or post
office address.
(b) Any person or public entity who, in violation of Section 2194,
discloses the home address or telephone number listed on a voter
registration card of any of the following individuals is guilty of a
misdemeanor:
(1) An active or retired peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(2) An employee of a city police department or a county sheriff's
office.
(3) The spouse or children of the individuals specified in
paragraphs (1) and (2) who live with those individuals.
(c) Any person or public entity, who in violation of Section 2194,
discloses the home address or telephone number listed on a voter
registration card of any individual specified in paragraph (1), (2),
or (3) of subdivision (b), and that violation results in bodily
injury to any of those individuals, is guilty of a felony.
Any person, individual, or organization that knowingly
violates Section 2138.5 is guilty of an infraction, punishable by a
fine not to exceed five hundred dollars ($500). Prosecution for a
violation of Section 2138.5 shall not prohibit prosecution under any
other applicable provision of law.
Upon conviction of a violation of any provision of this
chapter, the court may order as a condition of probation that the
convicted person be prohibited from receiving money or other valuable
consideration for assisting another person to register to vote by
receiving the completed affidavit of registration.