(a) Every person is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of § 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment, who makes any false affidavit concerning an initiative, referendum, or recall petition or the signatures appended to an initiative, referendum, or recall petition.

(b) A person, company, organization, company official, or other organizational officer in charge of a person who circulates an initiative, referendum, or recall petition and who does either of the following is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment:

(1) Knowingly directs an affiant to make a false affidavit concerning an initiative, referendum, or recall petition or the signatures appended to an initiative, referendum, or recall petition.

(2) Knows or reasonably should know that an affiant has made a false affidavit concerning an initiative, referendum, or recall petition or the signatures appended to an initiative, referendum, or recall petition and submits the section of the petition that contains the false affidavit.

(Amended by Stats. 2017, Ch. 848, Sec. 1. (AB 1367) Effective January 1, 2018.)