SB-398
Government Operations

Election crimes: payment based on voting or voter registration.

Enrolled
CA
2025-2026 Regular Session
0
0
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.
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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

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

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