Fact Check: Did California introduce a law allowing the next of kin to vote for dead people?

SACRAMENTO, CALIFORNIA: A rumor has been circulating on social media platforms claiming that California has introduced a law that allows the next of kin to vote for dead people. The claim has sparked mockery and criticism against Governor Gavin Newsom and the Democrats. The claim has also triggered speculation and questions surrounding its legality, prompting a fact-check.

Claim: California allows next of kin to vote for dead people

According to a viral post on X, a new law in California now lets a person’s next of kin cast their ballot if they die within six months of a national election, which essentially means the dead can literally vote in the state.

The post states that a spokesperson for Newsom’s office defended it, saying it’s “only fair” and “It’s not their fault they didn’t make it all the way to November 3rd.” 

The post further slams the Democrats for using the names of dead people to win elections. It also suggests that California's election system is corrupt and compares the state to a "banana republic," a term used to describe a country with weak or unfair governance. 

The post has garnered hundreds of thousands of views as of this writing, with the comment section indicating that many believe the claim to be true.

Fact Check: False, California introduced no such law

The claim, however, is false, as there are no reports of the Democratic state allowing the next of kin to vote within six months of death.

A Google search for the viral claim showed no credible results from prominent news media outlets, which, if true, would have been widely reported, triggering nationwide backlash and criticism.

Moreover, the account that posted the claim is not a credible source, and though not explicitly a parody account, has posted similar fake and unverified claims, likely intended as satire or memes.

Markwayne Mullin and Gavin Newsom trade barbs

“California has free, fair, and secure elections and we will fight for them,” Newsom wrote in an X post on July 17. “Try us,” he added. 

Newsom’s reaction comes after Homeland Security Secretary Markwayne Mullin said that election officials in states that don’t cooperate with the Trump administration may face jail time. 

"When we start talking about, can we ensure that the midterm elections are going to be secure? Yes, we absolutely can build confidence in the American people, but the states have to do their part," Mullin said. 

"I will tell you, if the states choose not to participate, we will make sure that we make those states a priority to look at who voted in their states and hold the election officials accountable," he said.