AB 249

This bill makes various changes in the laws relating to elections and voting.

Deceptive election practices

Currently, the statutes provide that no person may knowingly make or publish,

or cause to be made or published, a false representation pertaining to a candidate or

referendum that is intended to affect voting at an election. Violators may be fined

not more than $1,000 or imprisoned for not more than six months, or both.

This bill prohibits any person, whether acting in an official capacity or

otherwise, from intentionally deceiving any other person regarding the date, time,

place, or manner of conducting an election; the qualifications for voting or

restrictions on the eligibility of electors to vote in an election; or the endorsement of

candidates by specified persons. Any person who violates the prohibition with intent

to prevent any person from exercising the right to vote in an election may be fined

not more than $100,000 or imprisoned for not more than five years, or both.

The bill permits any person who is aggrieved by an alleged violation to obtain

a court order restraining the violation. The bill also permits any person to file a

sworn complaint with the Government Accountability Board alleging that a

violation has occurred or is occurring. If the board finds that the facts alleged in the

complaint, if true, would constitute a violation, it must promptly investigate the

complaint. If the board finds that a violation has occurred or is occurring, the board

must take all measures necessary to provide correct information to electors who may

have been deceived by the actions of the alleged violator and must refer the matter

to the appropriate authority for prosecution.

The bill also directs the Government Accountability Board to promulgate rules

concerning corrective measures that may be appropriate whenever violations occur.

In addition, the bill directs the board to report biennially to the appropriate standing

committees of the legislature with regard to violations and actions taken in response

to violations.

Voter intimidation, suppression, and protection

Currently, no person may make use of or threaten to make use of force, violence,

or restraint in order to compel any person to vote or refrain from voting at an election,

and no person may, by any act compel, induce, or prevail upon an elector to either vote

or refrain from voting at any election for or against a particular candidate or

question. Violators may be fined not more than $10,000 or imprisoned for not more

than three years and six months, or both.

This bill provides that no person may make use of or threaten to make use of

force, violence, restraint, or any tactic of coercion or intimidation in order to induce

or compel any person to vote or refrain from voting or to refrain from registering to

vote at an election, and no person may use or threaten to use force or violence or by

use of any threat of any act of coercion or intimidation compel, induce, or prevail upon

an elector either to vote or refrain from voting at any election for or against a