AMENDED IN SENATE AUGUST 21, 2026

AMENDED IN SENATE AUGUST 13, 2026

AMENDED IN SENATE JULY 2, 2026

AMENDED IN SENATE JUNE 22, 2026

AMENDED IN SENATE JUNE 8, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

94

Introduced by Assembly Members Pellerin and Berman

(Coauthors: Assembly Members Addis, Ahrens, Bauer-Kahan, Bryan, Gabriel, Haney, Irwin, Lowenthal, Blanca Rubio, Ward, and Zbur)

February 11, 2026

An act to repeal and add Section 13308 of the Elections Code, relating to elections.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

Under existing law, a candidate for the United States House of Representatives or local elective office may purchase space in the county voter information guide to make a candidate statement. A candidate for United States Senate may purchase space for a candidate statement in the state voter information guide. A candidate for state elective office may also purchase space to make a candidate statement in the state voter information guide, but only if the candidate accepts certain voluntary campaign expenditure limits. Existing law prohibits these candidate statements from making any reference to the candidate’s opponents.

This bill would limit a candidate statement to a recitation of the candidate’s own education, professional experience, public service, community involvement, and qualifications. The bill would prohibit a candidate statement from including, in addition to references to other candidates, a link or other reference to external content; content other than the candidate’s campaign website; content that is vulgar or profane, or that threatens or incites violence; false statements or misleading claims; or any other content that is unrelated to the candidate’s qualifications. The candidate would be required to submit a declaration with the candidate statement that attests that the statement is true and correct. Because a person who willfully makes a false statement in that declaration would be guilty of the crime of perjury, this bill expands the scope of that crime and thereby creates a state-mandated local program.

The bill would require the Secretary of State and county elections officials to omit from the voter information guide any portion of a candidate statement that does not comply with the bill, except false statements and misleading claims, and it would require them to print the remainder of the statement if it can stand independently and does not mislead voters. The bill would make a fee paid by a candidate for the printing or inclusion of a candidate statement nonrefundable if any part of the statement is printed in the voter information guide, but the fee would be refunded if the statement is omitted. By increasing the duties of county elections officials, this bill would create a state-mandated local program.

Existing law provides for the public examination of state and county voter information guides. During the 20-day examination period for the state guide, an elector may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. During the 10-day examination period for the county guide, a voter of the relevant jurisdiction in which an election is being held, or the relevant local elections official themselves, may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. A court will issue such a writ of mandate or injunction only upon clear and convincing proof that the material in question is false, misleading, or inconsistent with law, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.

This bill would similarly allow any registered voter to seek a writ of mandate or an injunction requiring any or all of the material in a candidate statement in the state or a county voter information guide to be amended or deleted, as specified. This bill would require that, as in current law, the writ of mandate or an injunction only be issued upon clear and convincing proof that the material in question is false, misleading, or inconsistent with the requirements of the bill, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law. This bill would additionally allow a county elections official to bring such an action for a writ or injunction challenging a candidate statement in the county voter information guide over which they have jurisdiction.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1.

(a) The Legislature finds and declares all of the following:

(1) The voter information guide is an official government publication relied upon by millions of Californians to make informed voting decisions.

(2) Candidate statements of qualifications are intended to provide voters with a concise and accurate description of a candidate’s background, education, experience, and qualifications for office.

(3) The inclusion of misleading or irrelevant content in candidate statements undermines voter trust and the integrity of the electoral process.

(b) It is the intent of the Legislature to establish clear, enforceable standards to ensure that candidate statements remain factual, relevant, and appropriate for an official state publication, while respecting constitutional protections of free speech.

SEC. 2.

Section 13308 of the Elections Code is repealed.

SEC. 3.

Section 13308 is added to the Elections Code, to read:

13308.

(a) A candidate statement included in either the state voter information guide or county voter information guide shall be limited to a recitation of the candidate’s own:

(1) Education.

(2) Professional experience.

(3) Public service.

(4) Community involvement.

(5) Qualifications for the office sought.

(b) A candidate statement shall not include any of the following:

(1) References to other candidates for the same or any other office.

(2) A With the exception of the candidate’s campaign website, a link or Uniform Resource Locator (URL) to an internet website, a quick response (QR) code, or any other reference directing voters to external content.

(3) Content that is profane or vulgar, or that threatens or incites violence.

(4) Content unrelated to the candidate’s qualifications for office.

(5) False statements or misleading claims.

(c) (1) After the candidate statement filing deadline, if the elections official determines that any portion of a candidate statement contains any of the content described in paragraphs (1) through (4) of subdivision (b), inclusive, the elections official shall omit the noncompliant portion of the candidate statement from the voter information guide. The remainder of the candidate statement shall be printed in the voter information guide if it can stand independently and does not mislead voters when the noncompliant portion is removed.

(2) If the elections official determines that candidate statement cannot reasonably be printed without the noncompliant portion, the elections official shall omit the entire candidate statement from the voter information guide.

(d) (1) Any fee paid by a candidate for the printing or inclusion of a candidate statement of qualifications in the state or county voter information guide shall be nonrefundable if the statement or a portion of the statement appears in the voter information guide. If the candidate statement is omitted from the voter information guide, the fee paid by the candidate shall be refunded.

(2) The submission of payment constitutes acknowledgment and acceptance of the requirements of this section, including the finality of the candidate statement after the filing deadline and the possibility that noncompliant content will be omitted.

(3) Except as provided in paragraph (1), a candidate shall not be entitled to a refund, credit, or reimbursement under any circumstances arising from enforcement of the requirements of this section.

(e) (1) The elections official shall make reasonable attempts to notify a candidate of the omission of content, and allow a candidate, if notified, to revise the statement so that it does not violate the provisions of this section.

(2) A candidate may submit a revised statement prior to the filing deadline.

(3) A candidate statement shall be deemed final upon the close of the applicable filing period. A candidate shall not revise, supplement, or otherwise modify a candidate statement after the filing deadline.

(4) A candidate may withdraw the candidate statement until 5 p.m. on the next working day after the submission deadline.

(5) The notification process shall not delay the printing or distribution of the voter information guide.

(f) The candidate statement shall be accompanied by a declaration, attested to and signed by the candidate, stating the statement submitted is true and correct.

(g) Any registered voter may seek appropriate judicial relief pursuant to this subdivision to enforce the requirements of this section.

(1) (A) For a candidate statement in the state voter information guide, during the 20-calendar-day period provided by Section 9092, any registered voter may seek a writ of mandate or an injunction requiring any or all of the material in a candidate statement to be amended or deleted. The writ of mandate or injunction request shall be filed no later than the end of the 20-calendar-day public examination period.

(B) A peremptory writ of mandate or an injunction shall issue only upon clear and convincing proof that the material in question is false, misleading, or inconsistent with the requirements of this section, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.

(C) The Secretary of State shall be named as respondent and the candidate who authored the material in question shall be named as the real party in interest.

(2) (A) For a candidate statement in a county voter information guide, during the 10-calendar-day period provided by Section 13313, any voter of the jurisdiction in which the election is being held, or the county elections official of the county that issued the guide, may seek a writ of mandate or an injunction requiring any or all of the material in a candidate statement to be amended or deleted. The writ of mandate or injunction request shall be filed no later than the end of the 10-calendar-day public examination period.

(B) A peremptory writ of mandate or an injunction shall issue only upon clear and convincing proof that the material in question is false, misleading, or inconsistent with the requirements of this section, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.

(C) The elections official shall be named as respondent and the candidate who authored the material in question shall be named as the real party in interest, unless the elections official is bringing the action, in which case the board of supervisors of the county shall be named as the respondent and the candidate who authored the material in question shall be named as the real party in interest.

(3) A court shall give priority to actions brought to enforce the requirements of this section due to the time-sensitive nature of the preparation and distribution of election materials.

(h) The Secretary of State or a county elections official shall not be liable for taking or failing to take the actions described in this section.

(i) For purposes of this section, “elections official” refers to the Secretary of State, in reference to the state voter information guide, and a county elections official, in reference to the county voter information guide.

(j) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 4.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.