SB 398
Election crimes: payment based on voting or voter registration.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Chaptered
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Sign in to take action- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Bill overview
This bill creates a new crime in California related to election fraud. It prohibits individuals from paying money or offering valuable consideration to others with the intent to influence voting or voter registration, particularly if the payment is tied to voting outcomes. The penalty for this crime is a fine of up to $10,000, imprisonment for up to three years, or both.
Key provisions
- Prohibits paying or offering to pay money or other valuable consideration to induce voting or voter registration.
- Defines ‘other valuable consideration’ to include lottery-type prizes.
- Excludes transportation to polling places, compensation from government entities, and time off for voting.
- The crime carries a potential penalty of up to $10,000 in fines, 3 years in prison, or both.
- Provides an exemption from reimbursement under California’s constitution for local agencies and school districts due to the creation of a new crime.
Who is affected
- Individuals seeking to vote or register to vote
- Political campaigns and organizations
- Local government agencies
- School districts
- Potential voters
Notable changes
- Establishes a new criminal offense specifically targeting payments for electoral influence.
- Expands the definition of ‘valuable consideration’ to include lottery-style contests.
Arguments in favor
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SB398:v95#DOCUMENT
Bill Start
Senate Bill No. 398
CHAPTER 246
An act to add Section 18107.5 to the Elections Code, relating to elections.
[ Approved by Governor October 02, 2025. Filed with Secretary of State October 02, 2025. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 398, Umberg. Election crimes: payment based on voting or voter registration.
Under existing law, it is a crime for a person to receive money or other valuable consideration to assist another to register to vote by receiving the completed affidavit of registration if the person fails to sign the affidavit and include certain other information, including the name and telephone number of the person, company, or organization, if any, that has agreed to pay the money or other valuable consideration.
This bill would make it a crime, punishable by a fine of up to $10,000, imprisonment for up to 3 years, or both, for a person to knowingly or willfully pay or offer to pay money or other valuable consideration to another person with the intent to induce the person to vote or to register to vote, or where the payment is contingent upon whether the person voted or the person’s voter registration status. By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 18107.5 is added to the Elections Code, to read:
18107.5.
(a) (1) A person who knowingly or willfully pays or offers to pay money or other valuable consideration to another person with the intent to induce the person to vote or to register to vote, or where the payment is contingent upon whether the person voted or the person’s voter registration status, is guilty of a crime.
(2) For purposes of paragraph (1), “other valuable consideration” includes, but is not limited to, a chance to win a lottery or similar prize-drawing contest.
(3) This section does not apply to any of the following:
(A) Transportation to or from a voting location.
(B) Compensation provided to an individual by a governmental entity.
(C) Granting time off to an employee to vote.
(b) A violation of subdivision (a) shall be punishable by a fine of up to ten thousand dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 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.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.