Senator Thomas J. Umberg (D-Santa Ana) announced the introduction of his Senate Bill 398 which criminalizes, among other things, the offer of a chance to win a lottery or similar prize-drawing contest to register to vote.
During the 2024 U.S. Presidential Election, South African billionaire Elon Musk founded “America PAC” to support Donald Trump in his candidacy for the White House. In October of 2024, Musk announced that America PAC would be giving away $1 million in a lottery to someone in a swing state who signed a petition under the pretense of supporting for the First and Second Amendment of the U.S. Constitution. Vote buying is patently illegal federally and in every state. Musk and America PAC claimed legality on the basis that they weren’t technically paying someone to vote in a particular manner.
“What Elon Musk has done is spit in the face of our founders, longstanding campaign ethics, and federal election law,” said Senator Umberg, Chair of the Senate Judiciary Committee and member and prior Chair of the Senate Elections Committee. “At least we know he’s consistent in his flagrant disregard for the rule of law,” he continued. “Californians should not tolerate such blatant interference with our elections by wealthy oligarchs like Elon Musk.”
Senator Umberg’s Senate Bill 398, would make it a crime for a person who knowingly or willfully pays or offers to pay money or other valuable consideration, such as lotteries, for another person to register to vote. A violation of Senate Bill 398 would be punishable by imprisonment for up to five years, a fine of up to ten thousand dollars ($10,000), or both.
“We need to hold those like Elon Musk who seek to bend our institutions to their own selfish whims accountable,” stressed Senator Umberg. “If Mr. Musk wants to muck around in elections ethics, he can try that in Texas. My bill will make it clear that such interference in one of our most sacred duties as citizens is not welcome in California.”
The fact sheet for SB 398 is attached. The measure will likely be heard in policy committees in March.