HB2682 HFLR Page 1
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 2682 By: Lepak
COMMITTEE SUBSTITUTE
An Act relating to elections; amending 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.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 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
HB2682 HFLR Page 2
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
acting in concert, or any othe r 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 o r expended by Congress, the Legislature, or
any other governmental entity, or funds from an entity that is
authorized to pay for an election pursua nt 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 fra nchise 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 pe rson, 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:
HB2682 HFLR Page 3
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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. persons who serve as unpaid interns or who volunteer
their labor to receive community service credit or
school credit,
e. food or beverage items provided to precinct officials,
absentee voting board members, or election officials,
f. items of nominal value including, but not limited to,
pens, sanitizer and clean ing supplies, or
g. airing or publication of public service announcements
or press releases issued by the State Election Boa rd
or a county election board.
2. Donations or contributions of a substantial value, but 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
HB2682 HFLR Page 4
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 shal l be
punishable as follows:
1. A first violation of this act shall constitute a misdemeanor
and, upon conviction, be punishabl e 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.
COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated
03/01/2023 - DO PASS, As Amended.