California 2025-2026 Regular Session

California Senate Bill SB398 Compare Versions

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1		-	~~Amended IN Senate April 21, 2025~~ CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 398Introduced by Senator ~~Umberg(Coauthor: Senator Becker)February~~ 14, ~~2025An~~ act to add Section 18107.5 to the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTSB 398, as ~~amended~~, Umberg. ~~Voter registration. 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 imprisonment for up to 5 years, 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 for another person to register to vote~~. 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 persons 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 TextThe 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 for another person to register to vote ~~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 persons 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.(b) A violation of subdivision (a) shall be punishable by imprisonment for up to five years, a fine of up to ten thousand dollars ($10,000), or both~~. 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 XIIIB 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 XIIIB of the California Constitution.
	1	+	CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 398Introduced by Senator UmbergFebruary 14, 2025 An act to add Section 18107.5 to the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTSB 398, as introduced, Umberg. 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 imprisonment for up to 5 years, a fine of up to $10,000, or both, for a person to knowingly or willfully pay or offer to pay money or other valuable consideration for another person to register to vote. 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 TextThe 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 for another person to register to vote 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.(b) A violation of subdivision (a) shall be punishable by imprisonment for up to five years, a fine of up to ten thousand dollars ($10,000), or both.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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3		-	~~Amended IN Senate April 21, 2025~~ CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 398Introduced by Senator ~~Umberg(Coauthor: Senator Becker)February~~ 14, ~~2025An~~ act to add Section 18107.5 to the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTSB 398, as ~~amended~~, Umberg. ~~Voter registration. 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 imprisonment for up to 5 years, 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 for another person to register to vote~~. 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 persons 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
	3	+	CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 398Introduced by Senator UmbergFebruary 14, 2025 An act to add Section 18107.5 to the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTSB 398, as introduced, Umberg. 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 imprisonment for up to 5 years, a fine of up to $10,000, or both, for a person to knowingly or willfully pay or offer to pay money or other valuable consideration for another person to register to vote. 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
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5		-	Amended IN Senate April 21, 2025
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7		-	Amended IN Senate April 21, 2025
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11	9		CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
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13	11		Senate Bill
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15	13		No. 398
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17		-	Introduced by Senator ~~Umberg(Coauthor: Senator Becker)February~~ 14, 2025
	15	+	Introduced by Senator UmbergFebruary 14, 2025
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19		-	Introduced by Senator Umberg~~(Coauthor: Senator Becker)~~
	17	+	Introduced by Senator Umberg
20	18		February 14, 2025
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24	20		An act to add Section 18107.5 to the Elections Code, relating to elections.
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26	22		LEGISLATIVE COUNSEL'S DIGEST
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28	24		## LEGISLATIVE COUNSEL'S DIGEST
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30		-	SB 398, as ~~amended~~, Umberg. Voter registration. ~~Election crimes: payment based on voting or voter registration.~~
	26	+	SB 398, as introduced, Umberg. Voter registration.
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32		-	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 imprisonment for up to 5 years, 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 for another person to register to vote~~. 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 persons 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.
	28	+	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 imprisonment for up to 5 years, a fine of up to $10,000, or both, for a person to knowingly or willfully pay or offer to pay money or other valuable consideration for another person to register to vote. 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.
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34	30		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.
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36		-	This bill would make it a crime, punishable by imprisonment for up to 5 years, 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 for another person to register to vote. ~~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 persons voter registration status.~~ By creating a new crime, this bill would impose a state-mandated local program.
	32	+	This bill would make it a crime, punishable by imprisonment for up to 5 years, a fine of up to $10,000, or both, for a person to knowingly or willfully pay or offer to pay money or other valuable consideration for another person to register to vote. By creating a new crime, this bill would impose a state-mandated local program.
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38	34		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.
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40	36		This bill would provide that no reimbursement is required by this act for a specified reason.
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42	38		## Digest Key
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44	40		## Bill Text
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46		-	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 for another person to register to vote ~~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 persons 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.(b) A violation of subdivision (a) shall be punishable by imprisonment for up to five years, a fine of up to ten thousand dollars ($10,000), or both~~. 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 XIIIB 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 XIIIB of the California Constitution.
	42	+	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 for another person to register to vote 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.(b) A violation of subdivision (a) shall be punishable by imprisonment for up to five years, a fine of up to ten thousand dollars ($10,000), or both.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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48	44		The people of the State of California do enact as follows:
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50	46		## The people of the State of California do enact as follows:
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52		-	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 for another person to register to vote ~~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 persons 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.(b) A violation of subdivision (a) shall be punishable by imprisonment for up to five years, a fine of up to ten thousand dollars ($10,000), or both. ~~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.~~
	48	+	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 for another person to register to vote 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.(b) A violation of subdivision (a) shall be punishable by imprisonment for up to five years, a fine of up to ten thousand dollars ($10,000), or both.
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54	50		SECTION 1. Section 18107.5 is added to the Elections Code, to read:
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56	52		### SECTION 1.
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58		-	18107.5. (a) (1) A person who knowingly or willfully pays or offers to pay money or other valuable consideration for another person to register to vote ~~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 persons 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.(b) A violation of subdivision (a) shall be punishable by imprisonment for up to five years, a fine of up to ten thousand dollars ($10,000), or both. ~~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.~~
	54	+	18107.5. (a) (1) A person who knowingly or willfully pays or offers to pay money or other valuable consideration for another person to register to vote 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.(b) A violation of subdivision (a) shall be punishable by imprisonment for up to five years, a fine of up to ten thousand dollars ($10,000), or both.
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60		-	18107.5. (a) (1) A person who knowingly or willfully pays or offers to pay money or other valuable consideration for another person to register to vote ~~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 persons 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.(b) A violation of subdivision (a) shall be punishable by imprisonment for up to five years, a fine of up to ten thousand dollars ($10,000), or both. ~~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.~~
	56	+	18107.5. (a) (1) A person who knowingly or willfully pays or offers to pay money or other valuable consideration for another person to register to vote 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.(b) A violation of subdivision (a) shall be punishable by imprisonment for up to five years, a fine of up to ten thousand dollars ($10,000), or both.
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62		-	18107.5. (a) (1) A person who knowingly or willfully pays or offers to pay money or other valuable consideration for another person to register to vote ~~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 persons 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.(b) A violation of subdivision (a) shall be punishable by imprisonment for up to five years, a fine of up to ten thousand dollars ($10,000), or both. ~~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.~~
	58	+	18107.5. (a) (1) A person who knowingly or willfully pays or offers to pay money or other valuable consideration for another person to register to vote 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.(b) A violation of subdivision (a) shall be punishable by imprisonment for up to five years, a fine of up to ten thousand dollars ($10,000), or both.
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64		-	18107.5. (a) (1) A person who knowingly or willfully pays or offers to pay money or other valuable consideration for another person to register to vote 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 persons voter registration status, is guilty of a crime.
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66		-	###### 18107.5.
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	62	+	18107.5. (a) (1) A person who knowingly or willfully pays or offers to pay money or other valuable consideration for another person to register to vote is guilty of a crime.
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68	64		(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.
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70		-	(b) A violation of subdivision (a) shall be punishable by imprisonment for up to five years, a fine of up to ten thousand dollars ($10,000), or both. ~~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.~~
	66	+	(b) A violation of subdivision (a) shall be punishable by imprisonment for up to five years, a fine of up to ten thousand dollars ($10,000), or both.
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72	68		SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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74	70		SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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76	72		SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
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78	74		### SEC. 2.