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    SB-398
    Government Operations

    Election crimes: payment based on voting or voter registration.

    Enrolled
    CA
    ∙
    2025-2026 Regular Session
    0
    0
    Track
    Track

    Key Takeaways

    • Creates a crime prohibiting payments to influence voting or registration.
    • Penalties include up to $10,000 fine and up to 3 years' imprisonment, including lottery prize incentives.
    • Exempts transportation, government pay, and paid voting time.
    • No state reimbursement; local agencies may bear costs; no effective date given.

    Summary

    Senator Umberg, joined by coauthors Becker and Lee, advances a measure that makes it a crime to knowingly or willfully pay or offer to pay money or other valuable consideration to induce someone to vote or to register to vote, including incentives that hinge on whether the person voted or registered, and it explicitly covers non-cash prizes such as a lottery-style chance. Three exemptions accompany the core prohibition to avoid penalizing legitimate activities: transportation to or from a voting location, compensation provided by a governmental entity, and granting time off to an employee to vote.

    The offense requires proof that the payer acted with the intent to induce voting or registration, or that the payment is contingent on the recipient’s voting or registration status, with “other valuable consideration” expanding beyond cash to include prize-like incentives. Penalties provide a broad range: a fine of up to $10,000 and imprisonment either under the Penal Code for 16 months, or two or three years, or in a county jail not exceeding one year, or any combination of those penalties. The bill interacts with existing law by targeting payments aimed at influencing voting or registration, while acknowledging ongoing restrictions around payments to assist with registration.

    Implementation and fiscal context accompany the measure's structure: the act creates a state crime with potential local costs, though it states no state reimbursement is required and marks Local Program: YES. The measure’s legislative path shows amendments and approvals in the spring and early fall of 2025, culminating in enrollment on September 12, 2025, with the absence of an explicit effective date within the text. The policy framework situates the provision as a constraint on electoral incentives, preserving specified exemptions for legitimate activities and aligning enforcement with established criminal standards, while shifting some enforcement considerations to local agencies.

    Key Dates

    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Unfinished Business SB398 Umberg et al. Concurrence
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    SB 398 Umberg Senate Third Reading By Berman
    Assembly Appropriations Hearing
    Assembly Committee
    Assembly Appropriations Hearing
    Do pass
    Assembly Public Safety Hearing
    Assembly Committee
    Assembly Public Safety Hearing
    Do pass and be re-referred to the Committee on [Appropriations]
    Assembly Elections Hearing
    Assembly Committee
    Assembly Elections Hearing
    Do pass as amended and be re-referred to the Committee on [Public Safety]
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Senate 3rd Reading SB398 Umberg et al
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Do pass
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Placed on suspense file
    Senate Public Safety Hearing
    Senate Committee
    Senate Public Safety Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations]
    Senate Elections and Constitutional Amendments Hearing
    Senate Committee
    Senate Elections and Constitutional Amendments Hearing
    Do pass, but first be re-referred to the Committee on [Public Safety]
    Introduced
    Senate Floor
    Introduced
    Introduced. Read first time. To Com. on RLS. for assignment. To print.

    Contacts

    Profile
    Tom UmbergD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Alex LeeD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Josh BeckerD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    0 of 3 row(s) selected.
    Page 1 of 1
    Select All Legislators
    Profile
    Tom UmbergD
    Senator
    Bill Author
    Profile
    Alex LeeD
    Assemblymember
    Bill Author
    Profile
    Josh BeckerD
    Senator
    Bill Author

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Tom Umberg
    Tom UmbergD
    California State Senator
    Co-Authors
    Josh Becker
    Josh BeckerD
    California State Senator
    Alex Lee
    Alex LeeD
    California State Assembly Member
    70% progression
    Bill has passed both houses in identical form and is being prepared for the Governor (9/10/2025)

    Latest Voting History

    View History
    September 10, 2025
    PASS
    Senate Floor
    Vote on Senate Floor
    AyesNoesNVRTotalResult
    400040PASS

    Key Takeaways

    • Creates a crime prohibiting payments to influence voting or registration.
    • Penalties include up to $10,000 fine and up to 3 years' imprisonment, including lottery prize incentives.
    • Exempts transportation, government pay, and paid voting time.
    • No state reimbursement; local agencies may bear costs; no effective date given.

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Tom Umberg
    Tom UmbergD
    California State Senator
    Co-Authors
    Josh Becker
    Josh BeckerD
    California State Senator
    Alex Lee
    Alex LeeD
    California State Assembly Member

    Summary

    Senator Umberg, joined by coauthors Becker and Lee, advances a measure that makes it a crime to knowingly or willfully pay or offer to pay money or other valuable consideration to induce someone to vote or to register to vote, including incentives that hinge on whether the person voted or registered, and it explicitly covers non-cash prizes such as a lottery-style chance. Three exemptions accompany the core prohibition to avoid penalizing legitimate activities: transportation to or from a voting location, compensation provided by a governmental entity, and granting time off to an employee to vote.

    The offense requires proof that the payer acted with the intent to induce voting or registration, or that the payment is contingent on the recipient’s voting or registration status, with “other valuable consideration” expanding beyond cash to include prize-like incentives. Penalties provide a broad range: a fine of up to $10,000 and imprisonment either under the Penal Code for 16 months, or two or three years, or in a county jail not exceeding one year, or any combination of those penalties. The bill interacts with existing law by targeting payments aimed at influencing voting or registration, while acknowledging ongoing restrictions around payments to assist with registration.

    Implementation and fiscal context accompany the measure's structure: the act creates a state crime with potential local costs, though it states no state reimbursement is required and marks Local Program: YES. The measure’s legislative path shows amendments and approvals in the spring and early fall of 2025, culminating in enrollment on September 12, 2025, with the absence of an explicit effective date within the text. The policy framework situates the provision as a constraint on electoral incentives, preserving specified exemptions for legitimate activities and aligning enforcement with established criminal standards, while shifting some enforcement considerations to local agencies.

    70% progression
    Bill has passed both houses in identical form and is being prepared for the Governor (9/10/2025)

    Key Dates

    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Unfinished Business SB398 Umberg et al. Concurrence
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    SB 398 Umberg Senate Third Reading By Berman
    Assembly Appropriations Hearing
    Assembly Committee
    Assembly Appropriations Hearing
    Do pass
    Assembly Public Safety Hearing
    Assembly Committee
    Assembly Public Safety Hearing
    Do pass and be re-referred to the Committee on [Appropriations]
    Assembly Elections Hearing
    Assembly Committee
    Assembly Elections Hearing
    Do pass as amended and be re-referred to the Committee on [Public Safety]
    Vote on Senate Floor
    Senate Floor
    Vote on Senate Floor
    Senate 3rd Reading SB398 Umberg et al
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Do pass
    Senate Appropriations Hearing
    Senate Committee
    Senate Appropriations Hearing
    Placed on suspense file
    Senate Public Safety Hearing
    Senate Committee
    Senate Public Safety Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations]
    Senate Elections and Constitutional Amendments Hearing
    Senate Committee
    Senate Elections and Constitutional Amendments Hearing
    Do pass, but first be re-referred to the Committee on [Public Safety]
    Introduced
    Senate Floor
    Introduced
    Introduced. Read first time. To Com. on RLS. for assignment. To print.

    Latest Voting History

    View History
    September 10, 2025
    PASS
    Senate Floor
    Vote on Senate Floor
    AyesNoesNVRTotalResult
    400040PASS

    Contacts

    Profile
    Tom UmbergD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Alex LeeD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    Profile
    Josh BeckerD
    Senator
    Bill Author
    Not Contacted
    Not Contacted
    0 of 3 row(s) selected.
    Page 1 of 1
    Select All Legislators
    Profile
    Tom UmbergD
    Senator
    Bill Author
    Profile
    Alex LeeD
    Assemblymember
    Bill Author
    Profile
    Josh BeckerD
    Senator
    Bill Author