Mass mailing; requirements (Gov. Code §84305)
Mass mailing definition (Gov. Code§82041.5)
Mass mailing by incumbents (Gov. Code§89001)
Slate mailer definition (Gov. Code §82048.3)
Slate mailer organization (Gov. Code §82048.4)
'84218 and 84219, no additional campaign reports shall be required of the slate mailer organization pursuant to §84200 or 84200.5.
Slate mailer requirements (Gov. Code §84305.5)
Fictitious name to nomination petition (Elections Code §18200)
Every person who subscribes to any nomination petition a fictitious name, or who intentionally subscribes thereto the name of another, or who causes another to subscribe a fictitious name to a nomination petition, is guilty of a felony and is punishable by imprisonment in the state prison for 16 months or two or three years.
Defacing or destroying a nomination paper (Elections Code §18201)
Any person who falsely makes or fraudulently defaces or destroys all or any part of a nomination paper, is punishable by a fine not exceeding $1,000 or by imprisonment in the state prison for 16 months or two or three years or by both the fine and imprisonment.
Deliberate failure to file nomination paper (Elections Code §18202)
Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and the proper place any nomination paper or declaration of candidacy in his or her possession that is entitled to be filed under the provisions of this code.
False declaration of candidacy (Elections Code §18203)
Any person who files or submits for filing a nomination paper or declaration of candidacy knowing that it or any part of it has been made falsely is punishable by a fine not exceeding $1,000 or by imprisonment in the state prison for 16 months or two or three years or by both such fine and imprisonment.
Suppression of nomination paper. (Elections Code §18204)
Any person who willfully suppresses all or any part of a nomination paper or declaration of candidacy either before or after filing is punishable by a fine not exceeding $1,000 or by imprisonment in the state prison for 16 months or two or three years or by both the fine and imprisonment.
Paying candidates to withdraw (Elections Code §18205)
A person shall not directly or through any other person advance, pay, solicit, or receive or cause to be advanced, paid, solicited, or received any money or other valuable consideration to or for the use of any person in order to induce a person not to become or to withdraw as a candidate for public office. Violation of this section shall be punishable by imprisonment in the state prison for 16 months or two or three years.
Chapter 855, Statutes of 1982, established a Code of Fair Campaign Practices which could be voluntarily subscribed to by candidates for public office.
The County Clerk is required to provide each individual who files nomination papers or other papers evidencing intentions to become a candidate for public office with a copy of the provisions of the Chapter and a form on which to subscribe to the code.
Subscription to the code is voluntary. Completed forms are to be filed with the County Clerk and shall be retained for public inspection until 30 days after the election. (Elections Code §20400 - 20444)
Misleading of voters; incumbency; public officer (Elections Code §18350)
Every 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 or another person for nomination or election to a public office, shall do either of the following acts:
Any violation of this section may be enjoined in a civil action brought by any candidate for the public office involved.
False statements in candidate statement; fine (Elections Code §18351)
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 §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 $1,000.
Representation requirements (Elections Code §20007)
No candidate or committee in his or her behalf shall represent in connection with an election campaign either orally or in campaign material, that the candidate has the support of a committee or organization that includes as part of its name the name or any variation upon the name of a qualified political party with which the candidate is not affiliated, together with the words "county committee," "central committee," "county," or any other term that might tend to mislead the voters into believing that the candidate has the support of that party's county central committee or state central committee, when that is not the case.
This section shall not be construed to prevent a candidate or committee from representing that the candidate has the support of a committee or group of voters affiliated with another political party, which committee or group is identified by the name of that party, where the name of the committee or group also includes the name of the candidate.
Any member of a central committee or state central committee may commence an action in the superior court to enjoin misrepresentation by a candidate or committee in his or her behalf, in the manner prohibited by this section, to the effect that the candidate has the support of the state or county central committee involved.
Political advertisement requirements (Elections Code §20008)
Any paid political advertisement that refers to an election or to any candidate for state or local elective office and that is contained in or distributed with a newspaper, shall bear on each surface or page thereof, in type or lettering at least half as large as the type of lettering of the advertisement or in 10-point Roman type, whichever is larger, the words "Paid Political Advertisement." Such words shall be set apart from any other printed matter.
As used in this section "paid political advertisement" shall mean and shall be limited to published statements paid for by advertisers for purposes of supporting or defeating any person who has filed for an elective state or local office.
False or forged campaign materials (Penal Code §115.2)
No person shall publish or cause to be published, with actual knowledge, and intent to deceive, any campaign advertisement containing false or fraudulent depictions, or false or fraudulent representations, of official public documents or purported official public documents.
For purposes of this section, "campaign advertisement" means any communication directed to voters by means of a mass mailing as defined in §82041.5 of the Government Code, a paid newspaper advertisement, an outdoor advertisement, or any other printed matter, if the expenditures for that communication are required to be reported by Chapter 4 (commencing with §84100) of Title 9 of the Government Code.
Any violation of this section is a misdemeanor punishable by imprisonment in the county jail, or by a fine not to exceed $50,000, or both.
Printing of Simulated Sample Ballots(Elections Code §18301)
In addition to any other penalty, any person who prints or otherwise duplicates, or causes to be printed or duplicated, a simulated ballot or simulated sample ballot which does not contain the statement required by Section 20009 or which uses an official seal or insignia in violation thereof, is guilty of a misdemeanor.
Simulated ballot requirements (Elections Code §20009)
(a) Every simulated ballot or simulated sample ballot shall bear on each surface or page thereof, in type or lettering at least half as large as the type or lettering of the statement or words or in 10-point Roman type, whichever is larger, in a printed or drawn box and set apart from any other printed matter, the following statement:
Outdoor Political Advertising State Law
Outdoor Political AdvertisingC Santa Cruz County Code
Santa Cruz County Code, Section 13.10.583 states that temporary or political signs shall not be placed so as to constitute a traffic hazard. On January 12, 1993, the Board of Supervisors approved the following Public Works criteria for removal of signs as they might effect roadside safety:
Signs may be removed by authorized Public Works staff if they:
1. Block the sight distance on county roads at intersections of county roads, private roads or driveways.
2. Restrict the use of the highway or otherwise clearly cause problems for the traveling public.
3. Obscure fire hydrants, traffic signs, traffic signals or other traffic control devices.
4. Are attached to or distract the attention of drivers from any traffic control device.
5. Interfere with normal maintenance efforts.
6. Are identified as other traffic hazards by the Director of Public Works consistent with the content of this policy.
Action to remove signs under categories 1 through 4 above, generally requires immediate attention. For those matters covered under categories 5 and 6, Public Works staff will make reasonable effort to contact the responsible party, to relocate or remove the signs within 24 hours.
Pursuant to Section 1480.5 of the Streets and Highways Code, the Director of Public Works may immediately remove an encroachment which constitutes a traffic hazard or an encroachment which is an advertising sign or device of any description. In keeping with the provisions of Section 1480.5(d) any such sign removed by the Public Works Department which is of more than nominal value shall be held at a County maintenance yard for a reasonable period of time to allow the owner of the sign to retrieve it. The return of the sign may be conditioned upon payment of an amount sufficient to reimburse the Public Works Department for the expense of removal.
Outdoor Political Advertising - City Ordinances
Each city in Santa Cruz County has rules and regulations regarding outdoor political advertising. Contact the city clerk in Santa Cruz (420-5030), Capitola (475-7300), Scotts Valley (440-5602) or Watsonville (728-6005) for more information.
Removal of Political Signs
If the political signs are not removed within 10 days after the election, an enforcement action could be pursued in accordance with the enforcement provisions of Chapter 13.10 of the Santa Cruz County Code (County Counsel opinion dated April 18, 1994)
Campaign Literature Containing Polling Place (Elections Code §18302)
Every person is guilty of a misdemeanor who knowingly causes to be mailed or distributed, or knowingly mails or distributes, literature to any voter that includes a designation of the voter's precinct polling place other than a precinct polling place listed for that voter in an official precinct polling list that constituted the latest official precinct polling list at sometime not more than 30 days prior to the mailing or distribution.
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