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HomeElections CodeDiv. 18Ch. 6Art. 5§ 18582 Election Violation Enforcement

§ 18582 Election Violation Enforcement

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

§ 18582 Election Violation Enforcement

This law lets anyone hurt by a violation of Section 18581 sue in court and get the other side to pay reasonable lawyer and other costs, and it also lets election officials and the Attorney General bring their own lawsuits to stop the bad behavior.

Key Takeaways

  • •Anyone harmed can sue and recover reasonable attorney, expert, and litigation fees.
  • •Election officials and the Attorney General can also bring lawsuits for equitable relief.
  • •A private lawsuit can happen at the same time as a lawsuit by an official.
  • •Courts can order a defendant not to carry firearms in certain areas while granting other relief.
  • •The plaintiff does not have to prove the defendant intended to intimidate, only that the intimidation happened.

Example

A voter sees a campaign worker threatening people at a polling place and feels scared. The voter can file a lawsuit to stop the threats, and the election officer in that area can also file a separate lawsuit to get a court order stopping the threats.

Both the voter and the election officer can go to court to ask for an order that stops the threatening behavior, and the court can make the person who threatened pay the voter’s lawyer fees and other costs.

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

Official Source
View on CA.gov

§ 18582 Election Violation Enforcement

(a) A person aggrieved by a violation of Section 18581 may enforce the provisions of this article in a suit at law or in equity, or both. A prevailing plaintiff in such an action shall recover reasonable attorney’s fees, reasonable expert fees, reasonable litigation expenses, and all such fees as are appropriate as part of the costs to be determined by a court of competent jurisdiction. (b) An officer holding an election or conducting a canvass may enforce the provisions of this act and may institute an action for equitable relief on behalf of an aggrieved person who is in the officer’s jurisdiction or is eligible to vote in the officer’s jurisdiction. (c) The Attorney General may enforce the provisions of this act and may institute for the state, or in the name of the state, an action for equitable relief, including an application for a temporary or permanent injunction, restraining order, or other order. (d) A suit brought by an officer holding an election or conducting a canvass or the Attorney General under this section does not preclude a contemporaneous private suit by an aggrieved person to enforce the provisions of this article. (e) In a suit to enforce the provisions of this article, a court may grant relief enjoining the use or carrying of firearms by a defendant beyond the areas defined in Article 3. This subdivision does not limit the court’s authority to grant any other just and equitable relief. (f) In order to prevail in a suit to enforce the provisions of this article, a plaintiff need not prove that a defendant intended to intimidate, threaten, or coerce any person, except in order to prove an attempt to intimidate, threaten, or coerce. A court may nonetheless consider evidence of intent in determining the appropriate relief. (g) The provisions of this article are cumulative and shall not be construed as restricting the application of any other law, including, but not limited to, the application of a criminal law to a person whose conduct violates Section 18581. (Added by Stats. 2024, Ch. 533, Sec. 2. (AB 2642) Effective September 24, 2024.)

Last verified: January 10, 2026

Key Terms

injunctionfirerestraining ordernetplaintifffinedefendantelection

Related Statutes

  • § 13501 Voter Party Preference Rules
  • § 18568 Election Ballot Tampering Penalties
  • § 9509 Public Election Document Access
  • § 15490 Central Committee Election Rules
  • § 18523 Election Bribery Prohibition

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 18582.
View Official Source