Cal. Code Regs. tit. 2 § 20181

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

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

(a) 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.

(b) 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.

(c) 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.

(d) The notice to the public shall be as follows:

"WARNING:

CORRUPTING THE VOTING PROCESS IS PROHIBITED!

Violations can lead to fines 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 aid 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 are 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."

(e) 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 fines and/or imprisonment.

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

(f) The format of the notice prescribed in section (d) may be modified based upon the needs of the elections official.

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

Cal. Code Regs. Tit. 2, § 20181

1. New section filed 2-22-2022; operative 2-22-2022 as an emergency (Register 2022, No. 8). A Certificate of Compliance must be transmitted to OAL by 8-22-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-31-2022 as an emergency, including amendment of section and NOTE; operative 8-31-2022 (Register 2022, No. 35). A Certificate of Compliance must be transmitted to OAL by 11-29-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-31-2022 order, including amendment of subsection (d), transmitted to OAL 10-18-2022 and filed 11-30-2022; amendments effective 11-30-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 48).

Note: Authority cited: Section 18504, Elections Code; and Section 12172.5, Government Code. Reference: 52 U.S.C. Section 21083; and 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.

1. New section filed 2-22-2022; operative 2/22/2022 as an emergency (Register 2022, No. 8). A Certificate of Compliance must be transmitted to OAL by 8-22-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-31-2022 as an emergency, including amendment of section and NOTE; operative 8/31/2022 (Register 2022, No. 35). A Certificate of Compliance must be transmitted to OAL by 11-29-2022 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-31-2022 order, including amendment of subsection (d), transmitted to OAL 10-18-2022 and filed 11-30-2022; amendments effective 11/30/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 48).