Article 5 - Misrepresentation by Candidates

Sections (2)

Amended by Stats. 2015, Ch. 105, Sec. 1. (AB 370) Effective January 1, 2016.

(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)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)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)A violation of this section may be enjoined in a civil action brought by a candidate for the public office

involved.

§ 18351

Enacted by Stats. 1994, Ch. 920, Sec. 2.

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).