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SENATE FLOOR VERSION
April 4, 2023
ENGROSSED 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.
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. 2 022 (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 u nion, 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 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 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 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:
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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, abse ntee 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 Boa rd
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.
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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 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.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
April 4, 2023 - DO PASS