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SENATE FLOOR VERSION
April 6, 2022
ENGROSSED HOUSE
BILL NO. 3046 By: Lepak, Crosswhite Hader,
and Roberts (Sean) of the
House
and
Daniels and Bullard of the
Senate
An Act relating to elections; creating the Prohibit
the Private Funding of Elections Act; defining terms;
requiring elections be paid for with publ ic funds;
providing exceptions; prohibiting acceptance of
private funds for elections ; providing exception;
providing for penalt ies; 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 num bering, 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, labo r union, business trust,
company, association, committee, corporation, whether or not
operated for profit, or any other organization or group of persons
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acting in concert, or any other non governmental 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 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 electio n pursuant to state law.
C. 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. 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
conducting or administrating any election pursuant to th e provisions
of Title 26 of the Oklahoma Statutes; provided, 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 upon written approval by t he 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 first vi olation of this act shall constitute a
misdemeanor and, upon conviction, be p unishable by a fine not to
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exceed Five Thousand Dollars ($5,000.00). A second violation of
this act shall constitute a mis demeanor and, upon conviction, be
punishable by a fine n ot to exceed Ten Thousand Dollars
($10,000.00). 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
both such fine and imprisonment.
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 RULES
April 6, 2022 - DO PASS