AB 2642: Elections: intimidation.

Existing law makes it a crime to intimidate a voter or to interfere with the conduct of an election, as specified. Existing law makes it a crime for a person in possession of a firearm or a uniformed peace officer, private guard, or security personnel to be stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate elections official, except as specified. Existing law also makes it a crime to hire a person to conduct these prohibited acts.

This bill would prohibit a person from intimidating, threatening, or coercing, or attempting to intimidate, threaten, or coerce, any other person for engaging in specified election-related activities. The bill would authorize an aggrieved person, an officer holding an election or conducting a canvass, or the Attorney General to file a civil action to enforce this prohibition. The bill would create a presumption that a person who openly carries a firearm or imitation firearm while interacting with or observing the specified election-related activities would be presumed to have engaged in prohibited intimidation, in the absence of an affirmative showing to the contrary by a preponderance of the evidence. The bill would provide that an aggrieved person who prevails in such an action will recover reasonable attorneys fees, reasonable expert fees, and reasonable litigation expenses, as specified.

This bill would declare that it is to take effect immediately as an urgency statute.