As a record number of voters in California prepare to cast vote-by-mail ballots in the upcoming election, the state of California has passed a bill making the intentional spread of misinformation about mail-in voting a violation of the law.
Senate Bill 739, which was first introduced to legislative authorities in February of 2019 and whose lead author is California Senator Henry Stern, D-Canoga Park, makes it a misdemeanor to intentionally mislead voters about their right to vote by mail, according to a statement from Stern’s representatives.
The bill was signed by Governor Gavin Newsom on Sept. 18, and is set to take effect immediately.
“If you’re putting out tweets, Facebook posts or using social and other types of media to intentionally mislead voters about their right and ability to vote by mail, that’s now a crime and it’s my hope local DAs and the state Attorney General will go after violators the moment they see them,” said Stern in a statement. “In the midst of this worldwide pandemic, it is imperative that voters, especially those who are getting a vote-by-mail ballot for the first time, know their rights and are getting accurate, reliable information.”
The new bill adds to an existing law that makes it a misdemeanor to spread information that intentionally misleads voters about the location of their polling place and the qualifications one must meet in order to become a registered voter.
“This new law will go after people who use social media and other avenues to confuse, mislead, and lie to California voters,” said Stern. “Democracy is too fragile to allow reckless disinformation campaigns to compromise the right of anyone to cast his or her ballot.”
Nearly 60 percent of California voters are registered as permanent vote-by-mail (PVBM) voters, and are therefore sent a vote-by-mail ballot preceding each election, according to the Secretary of State.
“The spread of misinformation and disinformation are enormous threats to our elections. Voting
by mail is a critical component of our plans to keep our elections accessible, secure, and
safe during the COVID-19 pandemic,” said Secretary of State Alex Padilla. “We need
to discourage and combat election disinformation that could disenfranchise citizens. Our
democracy depends on it.”
California law allows any voter to request a vote-by-mail ballot before any election. However, this year, non-PVBM voters will also be sent vote-by-mail ballots due to Assembly Bill 860, which was passed into law earlier this year, according to Stern representatives.
The bill passed the California Senate and State Assembly in August.
“Every single day, there are people in this country doing everything they can to cast doubt on and undermine the ability of people to vote and to vote by mail,” added Stern. “I am tired of seeing social media be weaponized in an attempt to undermine our democracy.”