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HomeMy WebLinkAboutA - Common California Selection Common California Elections Code Violations (EC - 18000 - 18700) Voter Registration Violations  Registering yourself or another knowing that you or that person is not entitled to register – Elections Code section 18100(a)  Registering a non-existent person (including the deceased, animals, inanimate objects) – Elections Code section 18100(b)  Registering a fictitious person or someone not requesting registration  Elections Code section 18101  Negligence in promptly transferring a voter’s affidavit to an elections official – Elections Code section 18103  Altering the party affiliation of a voter’s affidavit – Elections Code section 18106  Misrepresenting on a voter registration card as having assisted a citizen to register – Elections Code section 18108.1  Knowingly misusing voter registration information obtained from the county Registrar or Secretary of State or acquiring voter information without complying with Elections Code section 2188 – Elections Code section 18109 Petition Initiative and Circulator Violations  As a petition circulator, intentionally misrepresenting the contents, purport or effect of that petition to a prospective signer – Elections Code section 18600  Obscuring the Attorney General’s summary of the measure from a prospective signer – Elections Code section 18602  Exchanging money or valuable consideration for petition signatures – Elections Code section 18603  Circulating a petition, knowing it contains false, forged or fictitious names – Elections Code section 18611  Signing a petition more than once or signing knowing that you are not qualified to sign it – Elections Code section 18612  Subscribing fictitious names or the name of another to a petition – Elections Code section 18613  Threatening a petition circulator with assault or battery or inflicting damage on a circulator’s property or that of the circulator’s relative – Elections Code section 18630  Making a false affidavit concerning a petition or the petition signatures – Elections Code section 18660 Election Day and Voting Violations  Electioneering within 100 feet of a polling place on Election Day – Elections Code section 18370  Electioneering during vote-by-mail voting – Elections Code section 18371  Receiving money, a gift, loan or any other valuable consideration for voting – Elections Code section 18521  Using or threatening to use any force, violence, or tactic of coercion or intimidation to compel another to vote or refrain from voting – Elections Code section 18540  Fraudulently voting in an election in which one is not entitled – Elections Code section 18560(a) Nomination and Election Campaign Violations  Filing a false nomination or declaration of candidacy – Elections Code section 18203  Using the seal of a county or local government agency in campaign literature – Elections Code section 18304  Voting or attempting to vote more than once in an election – Elections Code section 18560(b)  Fraudulently applying for, voting or attempting to vote an absentee ballot – Elections Code section 18578 Help America Vote Act of 2002 (HAVA) Frequently Asked Questions: Help America Vote Act (HAVA) The Help America Vote Act (HAVA) was signed into law by President Bush on October 29, 2002. To address irregularities in voting systems that came to light in 2000, HAVA provided federal funding to the states to implement a statewide voter registration system, replace punch card voting machines, improve voter education and poll worker training, permit voters to cast provisional ballots, and require at least one voting machine per polling place to allow voters with disabilities to vote privately and independently. To be eligible to receive HAVA funding, each state was required to submit a State Plan to the federal government that would serve as a blueprint to meet the requirements of HAVA. California's initial State Plan was published in 2003, and the first State Plan Update was published on September 30, 2004. The HAVA State Plan 2010 Update was published on August 23, 2010. The 2010 update details the progress made by California in meeting the federal requirements, as well as how California will continue to implement HAVA at the state and local levels. Changes to the election process for voters include: New Voting Equipment HAVA required county elections officials to buy and deploy new voting systems designed to improve the voting process and enable voters to vote independently and privately. The voting systems allow voters to more easily review their ballot to verify their choices and to look for "errors" - ballot contests where a person "overvoted" (e.g., accidentally voted both "yes" and "no" on a ballot measure) or ballot races where a person "undervoted" (e.g., accidentally skipped a race where they could vote for a candidate). Voters with disabilities are provided with voting equipment that lets them vote independently and privately in most instances (e.g., having the ballot read to a visually impaired voter). Provisional Voting Rights Every person who shows up at a polling place on Election Day is entitled to cast a provisional ballot, even if there is a question about whether they are a registered voter. Every person who votes a provisional ballot can find out if their ballot was counted, and, if it was not, why it was not counted. New Voter Registration Rules Every person who registers or re-registers to vote after January 1, 2006, is required to include on their voter registration affidavit their California driver's license number, if they have a current and valid driver's license, or their California identification card number, if they have one, or, if they have neither a driver's license nor a California ID, the last four digits of their social security number, if they have one. If a person does not possess a driver's license, state-issued identification card or a social security number, he or she is still able to apply to register to vote. But, if they do have this information, they must provide it. Any person voting for the first time who registers by mail who does not provide this information will be asked to show a form of identification when they go to the polls, or to provide a copy of that identification with their vote-by-mail ballot. There are 30 forms of identification that can be used for this purpose under HAVA, including a government issued check or a utility bill that includes the person's name and address. Help for Military and Overseas Voters Overseas voters may obtain instructions and forms for voter registration, the Federal Post Card and Absentee Ballot Request form and the standard oath required for overseas voting through the Secretary of State’s Military and Overseas Voter Information pages. The addresses, website links, and fax numbers for county elections officials are also available at County Elections Offices. California has a user-friendly ballot for use by military and overseas voters. This ballot allows voters to write in the name of the candidate and office for which they are voting, thus reducing the time required for customized mailing of ballots by party and district to overseas voters. Voters receive a list of statewide propositions and local measures, as well as a complete list of candidates in all parties for federal elections. Forms and ballots may be returned to the appropriate county elections officials by mail or by fax. New Ways to Improve the Process Finally, among HAVA's most important contributions to the electoral process is the ability of voters to voice concerns and complaints by using the formal mechanism to let elections officials hear those concerns and endeavor to resolve them. To file a HAVA complaint, please visit our HAVA Complaint Form and Procedures. To file a non-HAVA election-related complaint, please visit our Election Voter Complaint page. Statewide Voter Registration In 2005, California upgraded its existing statewide voter registration system – CalVoter – to comply with HAVA’s requirement for a statewide voter registration system. The Secretary of State is pursuing the new "VoteCal" system to replace the older CalVoter system. The project is in the final stage of procurement. Privacy Statement | Free Document Readers Copyright © 2014 California Secretary of State