In advance of the Tuesday, November 5, 2024 General Election, California Attorney General Rob Bonta and Secretary of State Shirley N. Weber, Ph.D. held a press conference to remind Californians about their voting rights and to advise law enforcement agencies about laws protecting the integrity of the electoral process. The Secretary of State is California’s top election official, and the Attorney General is dedicated to enforcing California’s election laws to ensure free and fair elections.
“Secretary of State Weber and I encourage Californians to exercise their right to vote on or before November 5. As Californians head to the polls, we want to remind voters of their rights and advise law enforcement agencies about laws that protect the integrity of our electoral process,” said Attorney General Bonta. “California’s election laws provide the backbone for a free and fair election, and Californians can be confident that Secretary of State Weber and I will do everything in our power to protect voters.”
“Voting rights are protected when citizens exercise those rights,” Secretary Weber said. “California provides both time and options for returning their ballot so that voters are better empowered to exercise the franchise. Vote-by-mail ballots will begin to be mailed out no later than Monday, October 7, 2024, to every active, registered voter, Election Day is November 5, but voters have several options for returning their completed ballot early – by mail using the postage-paid envelope provided; at a secure drop box; or in person at a vote center or polling place. Remember to sign the ballot envelope before returning. We also encourage you to sign up to track your ballot at WheresMyBallot.sos.ca.gov.”
Additionally, Attorney General Bonta and Secretary of State Weber, recognizing that many Californians turn to social media and other internet sources for news and information about elections, provided information to consumers about the spread of misinformation online.
Eligible Californians have until Monday, October 21, 2024, to register to vote at registertovote.ca.gov, or if after the deadline, register in-person through Same Day Voter Registration (Conditional Voter Registration).
Voting Rights
It is important for Californians to know their voting rights. Below is information on the California Voter Bill of Rights, additional information on state and federal protections for Californians with disabilities as they access their right to vote, and a consumer alert about the spread of misinformation online.
California Voter Bill of Rights
The rights available to the public when voting can be found in the California Voter Bill of Rights. Those rights are the following:
- The right to vote if you are a registered voter.
- The right to vote if you are a registered voter, even if your name is not on the list of registered voters, by casting a provisional ballot.
- The right to vote if you are still in line when the polls close.
- The right to cast a secret ballot without anyone bothering you or telling you how to vote.
- The right to get a new ballot if you have made a mistake, if you have not already cast your ballot.
- The right to get help casting your ballot from anyone you choose, except from your employer or union representative.
- The right to drop off your completed vote-by-mail ballot at any polling place in California.
- The right to get election materials in a language other than English if enough people in your voting precinct speak that language.
- The right to ask questions to elections officials about election procedures and watch the election process.
- The right to report any illegal or fraudulent election activity to an elections official or the Secretary of State’s Office.
In the lead up to the election and on Election Day, the California Department of Justice will be on call to provide additional assistance to the Secretary of State’s Office in enforcing California’s election laws, as needed, through a team of attorneys and administrative staff located across the state.
Rights of Voters with Disabilities
The California Department of Justice has released a publication entitled “Access to Voting for People with Disabilities,” which includes information about the federal and state laws that protect voters with disabilities. For example:
- The federal Voting Rights Act of 1965 requires that election officials allow voters to receive assistance from a person of the voter’s choice if the voter is blind or has another disability that requires assistance.
- The federal Americans with Disabilities Act (ADA) requires voting facilities to have accessible voting systems, parking, and routes to the entrance.
- California’s Voter’s Choice Act requires that vote centers comply with federal accessibility requirements and be equipped with voting units or systems that are accessible to voters with disabilities.
- California Government Code section 11135 prohibits disability-based discrimination in programs and activities that are conducted, operated, or administered by the state or by any state agency, are funded directly by the state, or receive any financial assistance from the state. A violation of the ADA is also a violation of section 11135.
Consumer Alert on Misinformation’s Impact on Voting Rights
With millions of Californians turning to social media, artificial intelligence, and other internet sources for news and information about elections, the California Department of Justice has published a consumer alert to warn about how election misinformation can potentially interfere with voting rights.
The 2020 general election saw a dramatic increase in the spread of false and misleading claims on social media platforms about where, when, and how to vote, and this trend is expected to continue as the November 2024 general election approaches. For example, in January 2024, thousands of registered voters in New Hampshire received scam election robocall voice messages that impersonated the voice of the President, discouraging them from participating in the New Hampshire primary.
California law makes it a crime to intentionally mislead voters about their eligibility to vote, or about where and when to vote.
Role of Law Enforcement
The California Department of Justice has also published a law enforcement bulletin entitled “Protecting California Voters from Election Interference and Voter Intimidation and Deception,” which discusses California laws that prohibit engaging in election interference, voter intimidation, and voter deception. Law enforcement officers should be aware of these statutes as they relate to the protection of voters in California.
For example:
- It is a felony to use tactics of coercion or intimidation to induce or compel a person to vote or refrain from voting, or to vote or refrain from voting for any particular person or measure, at any election.
- It is a felony to agree to vote in a certain way or induce others to vote in a certain way in exchange for money or something of value.
- It is a felony for any person to possess a firearm at a voting location or in the immediate vicinity of a voting location.
- It is illegal for any uniformed peace officer, private guard, or security personnel or any person who is wearing a uniform of a peace officer, guard, or security personnel to be stationed at or in the immediate vicinity of a voting location.
- Shirts, hats, or other displays that indicate a person is with “Election Security” or “Ballot Security” or apparel or accessories with any semblance of a logo or display that might be confused with any private guard or security company or government agency are prohibited. This includes observers and anyone who is not there to vote.
As it does every election, the Secretary of State’s Office will be deploying poll observers across the state to monitor voting and ensure that Californians can exercise their right to vote free from intimidation and harassment by anyone.
Original source can be found here.