Plain English Breakdown
The official text distinguishes between general rule violations (which officials remove) and false/misleading claims (which require court action), creating a two-step enforcement process not fully detailed in simple terms.
Rules for Candidate Statements in Voter Guides
AB-1853 limits what candidates can write about themselves in voter information guides and sets rules for officials to remove parts that break these new restrictions.
What This Bill Does
- Limits candidate statements to facts about the candidate's own education, professional experience, public service, community involvement, and qualifications.
- Prohibits statements from mentioning other candidates or characterizing other individuals or groups.
- Bans links or references to outside content in candidate statements.
- Forbids vulgar language, profanity, threats of violence, incitement of violence, false statements, misleading claims, or unrelated content.
- Requires the Secretary of State and county officials to remove parts that break these rules before printing, except for false statements and misleading claims which are handled differently under existing law procedures.
- Allows officials to print the rest of a statement if removing bad parts leaves a clear message that does not mislead voters.
- Makes fees nonrefundable if any part of the statement is printed, but refunds the fee only if the entire statement is omitted.
- Lets registered voters or county election officials ask courts for orders to change or delete statements that do not follow these rules.
Who It Names or Affects
- Candidates for U.S. House of Representatives, local offices, and state offices who buy space in voter guides.
- The Secretary of State and county elections officials responsible for printing the guides.
- Registered voters and county election officials who can ask courts to enforce these rules.
Terms To Know
- Voter information guide
- A booklet sent to voters that lists candidates, ballot measures, and other election details.
- Candidate statement
- Paid space in a voter guide where a candidate writes about themselves.
- Writ of mandate or injunction
- A court order that forces someone to do something, like changing or deleting text from the voter guide.
Limits and Unknowns
- The bill does not specify exactly how much space candidates can use for their statements.
- Courts must decide if a statement is false or misleading based on clear and convincing proof, which may vary by case.
- Reimbursement to local agencies depends on whether the Commission on State Mandates determines that costs are mandated by the state.