ENROLLED HOUSE
BILL NO. 2682 By: Lepak and O'Donnell of the House
and
Daniels of the Senate
An Act relating to elections; amending 26 O.S. 2021, Section
7-139, as amended by Section 1, Chapter 194, O.S.L. 2022 (26 O.S. Supp. 2022,
Section 7-139), which relates to the Prohibit the Private Funding of Elections
Act; prohibiting the contribution, donation, or anything of value for purposes
of conducting an election; providing exceptions; modifying penalties; and
providing an effective date.
SUBJECT: Elections
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
AMENDATORY 26 O.S. 2021,
Section 7-139, as amended by Section 1, Chapter 194, O.S.L. 2022 (26 O.S. Supp.
2022, Section 7-139), is amended to read as follows:
Section 7-139. A. This act shall be known and may be cited as
the "Prohibit the Private Funding of Elections Act".
B. As used in this
section:
1. "Person"
means any individual, proprietorship, firm, partnership, joint venture,
syndicate, labor union, business trust, company, association, committee,
corporation, whether or not operated for profit, or any other organization or
group of persons acting in concert, or any other nongovernmental third-party
entity; and
2. "Public
funds" means funds derived from taxes, fees, including candidate filing
fees, and other sources of public revenue lawfully appropriated or expended by
Congress, the Legislature, or any other governmental entity, or funds
from an entity that is authorized to pay for an election pursuant to state law.
C. 1. All costs and expenses of conducting and
administrating elections shall be paid for with public funds; provided nothing
in this section shall apply to franchise elections described in Sections 5(a)
and 5(b) of Article XVIII of the Oklahoma Constitution.
2. No government official or election official
shall solicit, take, or otherwise accept from any person, any contribution,
donation, or anything else of value for purposes of conducting or
administrating any election pursuant to the provisions of Title 26 of the
Oklahoma Statutes; provided, donations this title.
3. No person shall offer
or provide any contribution, donation, or anything else of value for purposes
of conducting or administrating any election pursuant to the provisions of this
title.
D. 1. For the purposes of this section, the
following shall not be considered a contribution, donation, or thing of value:
a. providing space or
property for use as a polling place or in-person absentee voting site at no
charge or at a below-market cost,
b. persons who volunteer
their labor as precinct officials, absentee voting board members, or as
election workers,
c. persons who volunteer
their labor to assist the county election board or the State Election Board
during candidate filing, on Election Day, during in-person absentee voting, or
at other times,
d. food or beverage
items of nominal value provided to precinct officials, absentee voting board
members, or election officials,
e. items of nominal
value including, but not limited to, pens, sanitizer and cleaning supplies, or
f. airing or publication
of public service announcements or press releases issued by the State Election
Board or a county election board.
2. Donations not directly related to the
administration of elections, may be accepted by the Secretary of the
State Election Board or secretary of the county election board only upon
written approval by the Governor and written notification sent to the Speaker
of the Oklahoma House of Representatives and President Pro Tempore of the
Oklahoma State Senate.
D. Any person's
E. A willful and
intentional violation of the this act shall be punishable as follows:
1. A first violation of this act
shall constitute a misdemeanor and, upon conviction, be punishable by a fine
not to exceed Five Thousand Dollars ($5,000.00).
2. A second violation of this act shall
constitute a misdemeanor and, upon conviction, be punishable by a fine not to
exceed Ten Thousand Dollars ($10,000.00).
3. A third or any subsequent violation of
this act shall constitute a felony and, upon conviction, be punishable by a
fine not to exceed Fifty Thousand Dollars ($50,000.00), or by imprisonment in
the custody of the Department of Corrections for a term of not less than two
(2) years nor more than five (5) years, or by both such fine and
imprisonment.
SECTION 2.
This act shall become effective November 1, 2023.
Passed the
House of Representatives the 21st day of March, 2023.
Presiding
Officer of the House
of
Representatives
Passed the Senate the 19th day of
April, 2023.
Presiding
Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________