Election crimes: misrepresentation by candidates.

Existing law makes it a misdemeanor for a person 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 of another person for nomination or election to a public office, assumes, pretends, or implies, by his or her statements or conduct, that he or she is the incumbent of a public office, or that he or she has been acting in the capacity of a public officer, when that is not the case. This bill, in addition, would make it a misdemeanor for an individual to become, or induce another individual to become, a candidate for a local or state elective office under a name that is identical to, or very similar to, another candidate for that same office, with the sole intent of deliberately misleading voters who desire to vote for that other candidate, and otherwise would vote for that other candidate, but for confusion caused by the similarity in names. The bill also would authorize a candidate for a local or state office election in which this conduct occurs to seek a writ of mandate or an injunction requiring the removal of the offending candidate from the ballot. The bill would make the authority to issue a peremptory writ of mandate or injunction contingent upon clear and convincing proof that the specified conduct has occurred. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.