Election crimes: payment based on voting or voter registration.
SB 398
California Bills
20250SB__039895CHP INTRODUCED 2025-02-14 AMENDED_SENATE 2025-04-21 AMENDED_ASSEMBLY 2025-07-03 PASSED_ASSEMBLY 2025-09-08 PASSED_SENATE 2025-09-10 ENROLLED 2025-09-12 CHAPTERED 2025-10-02 APPROVED 2025-10-02 FILED 2025-10-02 2025 SB CHP CHP 0 Introduced by Senator Umberg (Coauthor: Senator Becker) (Coauthor: Assembly Member Lee) LEAD_AUTHOR SENATE Umberg COAUTHOR SENATE Becker COAUTHOR ASSEMBLY Lee
An act to add
Section 18107.5 to the Elections Code, relating to elections. elections 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 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. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION
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 of the Penal Code for 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 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