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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3046 By: Lepak
COMMITTEE SUBSTITUTE
An Act relating to elections; creating the Prohibit
the Private Funding of Elections Act; defining terms;
prohibiting acceptance of private funds for
elections; providing exception; requiring elections
be paid for with publ ic funds; providing for
penalties; providing for codification; and declaring
an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new secti on of law to be codified
in the Oklahoma Statutes as Section 7-139 of Title 26, unless there
is created a duplication in numbering, reads as follows:
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, proprie torship, firm,
partnership, joint venture, syndicate, labor union, business trust,
company, association, committee, corporation, whether or not
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operated for profit, or any other organization or group of persons
acting in concert, or any other non governmental third-party entity;
and
2. "Public funds" means funds deriv ed from taxes, fees,
including candidate filing fees, and other source s of public revenue
lawfully appropriated o r expended by Congress, the Legislatu re, or
any other governmental entity or funds from an enti ty that is
authorized to pay for an election pursuant to state law .
C. No government official or election official shall solicit,
take, or otherwise accept from any pe rson, any contribution ,
donation, or anything else of value for purposes of con ducting any
election pursuant to the provisions of this title ; provided,
donations not directly related to the administration of elections
may be accepted by the Secretary of th e State Election Board upon
written approval by the Gov ernor and written notification sent to
the Speaker of the Oklahoma House of Representatives and President
Pro Tempore of the Oklahoma State Senate. All costs and expenses
relating to elections shall b e paid for with public funds.
D. Any person's 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). A second vi olation of
this act shall constitute a mis demeanor, and upon conviction, be
punishable by a fine not to exceed Ten Thousand Dollars
($10,000.00). A third or any subsequent violation of this act shall
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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 Departmen t of Corrections for a term not les s
than two (2) years nor more than five (5) years , or both such fine
and punishment.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated
02/21/2022 - DO PASS, As Amended.