§ 18581

(a) A person shall not intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other person for any of the following:

(1) Voting or attempting to vote.

(2) Urging or aiding any person to vote or attempt to vote, whether as part of official election administration activity or otherwise.

(3) Exercising any powers or duties to administer elections, including counting votes, canvassing, and certifying an election in accordance with Division 15.

(4) That other person’s status as a past or present participant in the administration of elections.

(b) (1) In any suit to enforce this section, a person who openly carries a firearm or imitation firearm while interacting with or observing any of the activities described in paragraphs (1) to (3), inclusive, or interacting with or observing a person due to their status described in paragraph (4), of subdivision (a) shall be presumed to have engaged in intimidation prohibited by this section in the absence of an affirmative showing to the contrary by a preponderance of the evidence.

(2) A law enforcement officer acting within the scope of their official duties is not subject to this presumption, but a court may nonetheless consider a law enforcement officer’s possession of a firearm in determining whether the officer violated subdivision (a).

(Added by Stats. 2024, Ch. 533, Sec. 2. (AB 2642) Effective September 24, 2024.)