§ 18562.5. — 18562.5. (Added by Stats. 2009, Ch. 94, Sec. 1.)

(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.

Legislative History

Added by Stats. 2009, Ch. 94, Sec. 1. (AB 269) Effective January 1, 2010.