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HomeElections CodeDiv. 18Ch. 6Art. 4§ 18564 Election Equipment Tampering

§ 18564 Election Equipment Tampering

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

§ 18564 Election Equipment Tampering

This law makes it a serious crime (a felony) to mess with voting machines, software, passwords, or ballot cards before or during an election.

Key Takeaways

  • •Tampering with any voting machine, device, system, or its software source code is a felony.
  • •Unauthorized access to certified voting technology or ballot cards, or giving that access to others, is also a felony.
  • •Having or using passwords, credentials, or access keys for election voting machines without permission is illegal.
  • •Using fake or forged voting software code is punishable as a felony.
  • •The crime is punishable by two, three, or four years in prison.

Example

A person hacks into a voting machine used in the upcoming election and changes its software code without permission.

Because the person altered the voting software without authorization before the election, they could be sent to prison for two to four years under this law.

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

Official Source
View on CA.gov

§ 18564 Election Equipment Tampering

(a) Any person 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 who, before or during an election: (1) Tampers with, interferes with, or attempts to interfere with, the correct operation of, or willfully damages in order to prevent the use of, any voting machine, voting device, voting system, vote tabulating device, or ballot tally software program source codes. (2) (A) Interferes or attempts to interfere with the secrecy of voting or ballot tally software program source codes. (B)  For purposes of this paragraph, “interferes or attempts to interfere with” includes knowingly, and without authorization, providing unauthorized access to, or breaking the chain of custody to, either of the following: (i) Certified voting technology during the lifecycle of that certified voting technology. (ii) Any finished or unfinished ballot cards. (3) Knowingly, and without authorization, makes or has in the person’s possession credentials, passwords, or access keys to a voting machine that has been adopted and will be used in elections in this state. (4) Willfully substitutes or attempts to substitute forged or counterfeit ballot tally software program source codes. (b) The definitions in Section 17600 apply for purposes of this section. (Amended by Stats. 2024, Ch. 605, Sec. 11. (SB 1328) Effective September 25, 2024.)

Last verified: January 10, 2026

Key Terms

felonyvoting machineballot tally software program source codesunauthorized accessforged or counterfeit ballot tally software

Related Statutes

  • § 18564.5 Election Equipment Tampering Prohibition
  • § 18573 Voter Ballot Fraud Penalty
  • § 18575 Unauthorized Election Officer Duties
  • § 18578 Mail Ballot Fraud Penalties
  • § 15480 County Committee Election Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 18564.
View Official Source