Senate BillChaptered/SignedElections
SB 398: Election crimes: payment based on voting or voter registration.
What SB 398 does, verified December 13, 2025
This bill makes it a crime to pay or offer to pay money or other valuable consideration to someone to vote or register to vote, with the intent to influence the outcome or with conditions tied to voting or registration status. The punishment for this crime can be a fine of up to $10,000, imprisonment for up to 3 years, or both. A new crime is created to address this issue, which is a state-mandated local program. No reimbursement is required for costs related to implementing this law.
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Last action: Chaptered by Secretary of State. Chapter 246, Statutes of 2025. (2025-10-02)Alert me
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| Oct. 02, 2025 | Chaptered by Secretary of State. Chapter 246, Statutes of 2025. |
| Oct. 02, 2025 | Approved by the Governor. |
| Sep. 17, 2025 | Enrolled and presented to the Governor at 2 p.m. |
| Sep. 10, 2025 | Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2829.) Ordered to engrossing and enrolling. |
| Sep. 08, 2025 | Read third time. Passed. (Ayes 79. Noes 0. Page 2993.) Ordered to the Senate. |
Latest bill textChaptered version, October 2, 2025 · 546 words
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.
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.Text of SB 398 as chaptered, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions