State lawmakers have introduced a bill intended to prevent hate speech from appearing in a candidate’s statement in official state- or county-issued voter information guides.
This effort is in response to the recent outcry after a candidate for California governor provided a statement that many considered antisemitic, which was then published in the state’s voter guide.
Don Grundmann, a no-party preference candidate, had submitted a statement espousing conspiracy theories that linked Israel to last year’s murder of conservative activist Charlie Kirk and to the Sept. 11, terrorist attack.
A disclaimer accompanying Grundmann’s statement — which was published online and in print, then mailed out to approximately 23 million voters statewide — noted that views “expressed by the candidates are their own and do not represent the views and opinions of the Secretary of State’s office.” His statement was the only one with the disclaimer.
In addition, a statement from Secretary of State Shirley Weber’s press team last month said California law “only allows the state to reject candidate statements if they reference a candidate’s opponent.”
“The Secretary and her staff continue to work closely with the Legislature to explore possible solutions, so our systems reflect the inclusive values of our state,” the statement said.
Fast forward to this week, when Assemblymembers Gail Pellerin, D-Santa Cruz, and Marc Berman, D-Menlo Park, introduced Assembly Bill 1853, which would limit a candidate’s statement to information about their education, professional experience, public service, community involvement or qualifications for the office they’re seeking.
Moreover, it would prohibit a candidate from referencing other candidates; attacking, accusing or characterizing individuals or groups; sharing links to external content such as a website address; or including content that’s “obscene or profane, or that incites hatred, violence, or discrimination.” The candidate also would be prohibited from making “demonstrably false statements or materially misleading claims.”
The bill would give the secretary of state and county elections officials authority to omit or reject content that’s not compliant and give any registered voter the right to seek judicial enforcement of these requirements.
“Californians deserve to trust that materials distributed by their state are factual, accurate and free from hate speech,” Pellerin, who chairs the Assembly Elections Committee, said in a statement. “Official voter guides should inform voters — not serve as a platform for antisemitism or other targeted attacks.”
Berman echoed similar sentiments.
“California must not allow itself to be used as a tool to spread vile rhetoric by hateful people,” he said.
Grundmann, in an interview on Thursday, June 11, said he doesn’t consider himself antisemitic but is “just alerting people to the reality.”
He said AB 1853 amounts to censorship and that if it becomes law, he anticipates there would be a legal challenge over free speech rights.
“I’m actually very pleased that the enemies of what I said are trying to attack free speech,” he said. “It has the potential of being a Supreme Court case.”
Pellerin, in response, said she’s working with the offices of the state attorney general and secretary of state, as well as other legal experts, as the bill proceeds through the legislative process “to make sure we get it right.”
“There is a difference between a candidate’s right to speak and the state’s obligation to print it,” Pellerin said in an emailed statement. “Official voter guides are taxpayer-funded publications, and Californians deserve to trust that their contents are factual and relevant.”
AB 1853, considered a priority bill for the California Legislative Jewish Caucus, is scheduled to be heard by the Senate Elections and Constitutional Amendments Committee on Tuesday.
Should it become law, the bill would take effect immediately and apply to the general election in November.
Staff writer Kaitlyn Schallhorn contributed to this report.