Cal. Code Regs. tit. 2 § 20180

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 20180 - Providing Notice on Electioneering

(a) To ensure that voters, interested persons, and members of the public are aware of the prohibition of electioneering and its 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:

ELECTIONEERING PROHIBITED!

Violations can lead to fines and/or imprisonment.

WHERE:

* Within the immediate vicinity of a person in line to cast their ballot or within 100 feet of the entrance of a polling place, curbside voting, or ballot drop box the following activities are prohibited.

WHAT ACTIVITIES ARE PROHIBITED:

* DO NOT ask a person to vote for or against any candidate or ballot measure.

* DO NOT display a candidate's name, image, or logo.

* DO NOT block access to or loiter near any ballot drop boxes.

* DO NOT provide any material or audible information for or against any candidate or ballot measure near any polling place, vote center, or ballot drop box.

* DO NOT circulate any petitions, including for initiatives, referenda, recalls, or candidate nominations.

* DO NOT distribute, display, or wear any clothing (hats, shirts, signs, buttons, stickers) that include a candidate's name, image, logo, and/or support or oppose any candidate or ballot measure.

* DO NOT display information or speak to a voter about the voter's eligibility to vote.

The electioneering prohibitions summarized above are set forth in Article 7 of Chapter 4 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:

ELECTIONEERING PROHIBITED!

Violations can lead to fines and/or imprisonment.

For additional information on the prohibitions of electioneering, 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 county 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, § 20180

1. New chapter 3.7, article 1 (sections 20180-20181) and 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 18372, Elections Code; and Section 12172.5, Government Code. Reference: 52 U.S.C. Section 21083; and Sections 18370, 18371 and 18372, Elections Code.

1. New chapter 3.7, article 1 (sections 20180-20181) and 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).