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HomeElections CodeDiv. 18Ch. 6Art. 4§ 18568 Election Ballot Tampering Penalties

§ 18568 Election Ballot Tampering Penalties

Elections Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 18568 Election Ballot Tampering Penalties

This law makes it a crime to mess with ballots or election papers in ways that could change an election, and it can bring a fine or jail time.

Key Takeaways

  • •You can't destroy or hide official ballot lists or ballots.
  • •You can't add fake ballots or mix extra ballots with the real ones.
  • •You can't trick voters with fake official-looking envelopes or boxes.
  • •You can't take away ballots that haven't been used yet.
  • •Breaking these rules can lead to a fine up to $1,000 or up to three years in jail.

Example

Someone slips extra ballots into the box at a polling place to try to make their candidate win.

Adding ballots that weren’t legally cast is illegal under the law, and the person could be fined or sent to jail.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 18568 Election Ballot Tampering Penalties

Every person is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or by both that fine and imprisonment, who: (a) Aids in changing or destroying any poll list or official ballot. (b) Aids in wrongfully placing any ballots in the ballot container or in taking any therefrom. (c) Adds or attempts to add any ballots to those legally polled at any election by fraudulently putting them into the ballot container, either before or after the ballots therein have been counted. (d) Adds to or mixes with, or attempts to add to or mix with, the ballots polled, any other ballots, while they are being counted or canvassed or at any other time, with intent to change the result of the election, or allows another to do so, when in the person’s power to prevent it. (e) Carries away or destroys, attempts to carry away or destroy, or knowingly allows another to carry away or destroy, any poll list, ballot container, or ballots lawfully polled or who willfully detains, mutilates, or destroys any election returns. (f) Removes any unvoted ballots from the polling place before the completion of the ballot count. (g) Displays a container or provides an envelope for the purpose of collecting or returning ballots, with the intent to deceive a voter into casting a ballot in an unofficial ballot or returning a ballot in an unofficial ballot return envelope. Evidence of intent to deceive may include using the word “official” on the container or envelope, or otherwise fashioning the container or envelope in a way that is likely to deceive a voter into believing that the container or envelope is an official collection box or official ballot return envelope that has been approved by an elections official. (h) Directs or solicits a voter to place a ballot in a container or envelope prohibited by subdivision (g). (Amended by Stats. 2025, Ch. 238, Sec. 7. (SB 851) Effective October 1, 2025.)

Last verified: January 10, 2026

Key Terms

imprisonmentelectionfraudfinepenal codecompletionevidencecollection

Related Statutes

  • § 18578 Mail Ballot Fraud Penalties
  • § 18500 Voter Fraud Penalties
  • § 18523 Election Bribery Prohibition
  • § 18561 Voter Fraud Assistance Penalties
  • § 18566 Election Return Forgery Penalties

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 18568.
View Official Source