SB259 - Elections: vote by mail ballots.

Senate Bill No. 259 CHAPTER 331 An act to amend Section 18577 of the Elections Code, relating to elections, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor September 19, 2026. Filed with Secretary of State September 19, 2026. ] LEGISLATIVE COUNSEL'S DIGEST SB 259, Wahab. Elections: vote by mail ballots. Existing law makes it a misdemeanor for any person having charge of a completed vote by mail ballot to interfere with a ballot’s return to the local elections official. This bill would additionally make it a misdemeanor for any person having charge of a vote by mail ballot to interfere, as defined, with a ballot’s delivery to a voter. The bill would make it a felony for a person with authority to direct one or more persons subject to their supervision or authority to interfere with a ballot’s return to the local elections official or delivery to a voter. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute. Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 18577 of the Elections Code is amended to read: 18577. (a) Any person having charge of a completed vote by mail ballot who willfully interferes or causes interference with its return to the local elections official having jurisdiction over the election is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment. (b) Any person having charge of a vote by mail ballot who willfully interferes or causes interference with its delivery to a voter is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment. (c) Any person with authority who directs one or more other persons subject to their supervision or authority to engage in the conduct prohibited by subdivision (a) or (b) is guilty of a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years. (d) For purposes of this section, “interference” includes, but is not limited to, providing unauthorized access to, breaking the chain of custody for, or tampering with a vote by mail ballot, or, having been designated to return a ballot under Section 3017, failing to return that ballot to the applicable elections official. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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 XIII B of the California Constitution. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: In order for the important election security protections in this act to apply to the November 3, 2026, statewide general election, it is necessary that this act take effect immediately.