California · Elections Code

ELEC §18562.5: (a) A member of the public is guilty of a misdemeanor if, while observing any of the following, he or she willfully engages in any conduct set forth in subdivision (b): (1) The processing of vote by m

Misdemeanor

What this law says, in plain English

A person commits a misdemeanor by willfully attempting to learn a voter's identity or ballot choices, or marking ballots to determine voting choices, while observing vote processing, canvassing, or recount procedures.

Read the full statutory text

(a) A member of the public is guilty of a misdemeanor if, while observing any of the following, he or she willfully engages in any conduct set forth in subdivision (b): (1) The processing of vote by mail ballots conducted pursuant to Chapter 2 (commencing with Section 15100) of Division 15. (2) The semifinal official canvass conducted pursuant to Chapter 3 (commencing with Section 15150) of Division 15. (3) The official canvass conducted pursuant to Chapter 4 (commencing with Section 15300) of Division 15. (4) A recount conducted pursuant to Chapter 9 (commencing with Section 15600) of Division 15. (b) (1) Attempting to ascertain the identity and ballot choices of a voter, or having observed or learned the identity of a voter, attempting to ascertain the ballot choices of that voter. (2) Opening a provisional or vote by mail ballot envelope containing a voted ballot in order to ascertain the voter’s ballot choices. (3) Making or placing a mark or device on a ballot or secrecy envelope in an attempt to ascertain the voter’s ballot choices.

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