TITLE 34

ELECTIONS

CHAPTER 17

RECALL ELECTIONS

34-1714.  Prohibited acts — Penalties. (1) A person is guilty of a felony who:

(a)  Signs any name other than his own to any recall petition;

(b)  Knowingly signs his name more than once on the same recall petition;

(c)  Knowingly signs his name to any recall petition for the recall of any state, county, city, or special district officer if he is not a registered elector;

(d)   Willfully or knowingly circulates, publishes or exhibits any false statement or representation concerning the contents, purport or effect of any recall petition for the purpose of obtaining any signature to any such petition, or for the purpose of persuading any person to sign any such recall petition;

(e)  Presents to any officer for filing any recall petition to which is attached, appended or subscribed any signature which the person so filing such petition knows to be false or fraudulent, or not the genuine signature of the person purporting to sign such petition, or whose name is attached, appended or subscribed thereto;

(f)  Circulates or causes to circulate any recall petition, knowing the same to contain false, forged or fictitious names;

(g)  Makes any false affidavit concerning any recall petition or the signatures appended thereto;

(h)  Offers, proposes or threatens for any pecuniary reward or consideration:

(i)  To offer, propose, threaten or attempt to sell, hinder or delay any recall petition or any part thereof or any signatures thereon;

(ii)  To offer, propose or threaten to desist from beginning, promoting or circulating any recall petition;

(iii)  To offer, propose, attempt or threaten in any manner or form to use any recall petition or any power of promotion or opposition in any manner or form for extortion, blackmail or secret or private intimidation of any person or business interest.

(2)  A public officer is guilty of a felony who knowingly makes any false return, certification or affidavit concerning any recall petition, or the signatures appended thereto.

History:

[34-1714, added 1972, ch. 283, sec. 3, p. 703; am. 1972, ch. 382, sec. 1, p. 1114; am. 2021, ch. 325, sec. 10, p. 998.]