AB 2642 – Election Intimidation (Urgency Legislation Effective September 24, 2024)

Under existing law, it is a criminal offense to engage in the following conduct, or hire a person to engage in the following conduct:

• Intimidate a voter or interfere with the conduct of an election;
• Be in possession of a firearm near; or
• Be a uniformed peace officer, private guard, or security personnel stationed in the immediate vicinity of a polling place without written authorization of the appropriate elections official.

Assembly Bill 2642 (AB 2642) adds to these prohibitions, further prohibiting a person from intimidating, threatening, or coercing, or attempting to intimidate, threaten, or coerce, any other person for engaging in specified election-related activities:

• Voting or attempting to vote;
• Urging or aiding any person to vote or attempt to vote, whether as part of official election administration activity or otherwise;
• Exercising any powers or duties to administer elections, including counting votes, canvassing, and certifying an election in accordance with the Elections Code; or
• That other person’s status as a past or present participant in the administration of elections.

AB 2642 authorizes an aggrieved person, an officer holding an election or conducting a canvass, or the California Attorney General to file a civil action to enforce these prohibitions.

Further, AB 2642 creates a presumption that a person who openly carries a firearm or imitation firearm while interacting with or observing the specified election-related activities will be presumed to have engaged in prohibited intimidation.

AB 2642 is urgency legislation that took effect on September 24, 2024.

(AB 2642 adds Article 5 (commencing with section 18580) to the Chapter 6 of Division 18 to the Elections Code.)