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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 1059 By: Bullard
AS INTRODUCED
An Act relating to campaign finance; amending Rules
2.30, 2.33, 2.35, 2.42, 2.50, 2.5 2, 2.79, 2.98, and
2.99 of the Rules of the Ethics Commission (74 O.S.
2021, Ch. 62, App. I), which relate to candidate
committees, limited and unlimited committees,
contributions and expenditures, electioneering
communications, and political action commit tees;
prohibiting certain contributions; prohibiting
acceptance of certain contributions; limiting
committees eligible to make certain expendi tures;
requiring certain officers to be residents of this
state; prohibiting certain compensation; limiting
committees eligible to make certain communications;
modifying allowable purposes for certain committees;
requiring certain registration; prohibiting
contribution from certain out -of-state committees or
organizations; updating outlines; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Rule 2.30 of the Rules of the
Ethics Commission (74 O.S. 2021, Ch. 62, App. I), is amended to read
as follows:
Rule 2.30. A candidate committee shall not accept a
contribution from the aut horized committee of a candidate for
federal office. A candidate committee shall not make a contribution
to any other candidate for s tate or federal office.
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SECTION 2. AMENDATORY Rule 2.33 of the Rules of the
Ethics Commission (74 O.S. 2021, Ch. 62, App. I), is amended to read
as follows:
Rule 2.33. (A) A. No person shall make, and no limited
committee shall accept, a contribution to an y limited committee in
excess of Five Thousand Dollars ($5,000.00) in any calendar year,
except as otherwise permitted by law or these Rules. A contribution
to a limited committee that is designated directly or indirectly to
be used for the benefit of a p articular candidate or candidates
shall be considered a contribution by the contributor to the
candidate or candidates.
(B) B. No limited committee shall make, and no political party
committee shall accept, a contribution to the political party
committee in excess of Ten Thousand Dollars ($10,00 0.00) in any
calendar year.
(C) C. No limited committee or unlimited committee shall make,
and no other limited committee or unlimited committee shall accept,
a contribution to another limited committee or unlimited committee
in excess of Five Thousand Dollars ($5,000.00) in any calendar year.
(D) D. No limited committee shall make, and no candidate
committee shall accept, a contribution to any candida te committee in
excess of Five Thousand Dollars ($5,000.00) prio r to a primary
election.
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(E) E. No limited committee shall make, and no candidate
committee shall accept, a contribution to any candidate committee of
a candidate whose name will appear on the b allot for a runoff
primary election in excess of Five Thousan d Dollars ($5,000.00)
prior to a runoff primar y election. Provided, however, after the
primary election a limited committee that has made a contribution of
Five Thousand Dollars ($5,000.00) or l ess to the candidate committee
prior to the primary election may make an additional contribution of
no more than Five Thousand Dollars ($5,000.00) to the can didate
committee prior to the runoff primary election.
(F) F. No limited committee shall make, and no candidate
committee shall accept, a contribution to any c andidate committee
prior to a general election in excess of Five Thousand Dollars
($5,000.00). Provided, however, after the primary election or
runoff primary election, whichever is the last for det ermining a
political party’s nominee, a limited committee that has made a
contribution of Five Thousand Dollars ($5,000.00) or less to the
candidate committee prior to the primary election or runoff primary
election, or both, may make an additional contrib ution of no more
than Five Thousand Dollars ($5,000.00) t o the candidate committ ee
prior to the general election.
(G) G. After the general election, a l imited committee that has
made no contribution to a candidate or a contribution of less than
Five Thousand Dollars ($5,000.00) in the aggregate under the
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provisions of subsections (D) D, (E) E or (F) F may make an
additional contribution or contributions i n an amount or amounts
that, aggregated with any prior contributions, do not exceed Five
Thousand Dollars ($5,00 0.00) to that candidate committee.
(H) H. No limited committee shall m ake a total contributio n to
a candidate in excess of the aggregate contri bution limits of
subsections (D) D, (E) E and (F) F or in excess of Five Thousand
Dollars ($5,000.00) to the candidate co mmittee of a candidate who is
unopposed for election.
(I) I. For purposes of this se ction, “contribution” shall
include multiple contr ibutions, the amounts of which shall be
aggregated.
(J) J. A limited committee may make contributions to candidates
for county, municipal or school district of fice as permitted by la w.
SECTION 3. AMENDATORY Rule 2.35 of the Rules of the
Ethics Commission (74 O.S. 2021, Ch. 62, App. I), is amended to read
as follows:
Rule 2.35. Any person not otherwise prohibited by law,
including but not limited to individuals, partnerships, limited
liability companies, corporations and labor union s, may A limited
committee, partnership, limited liability company, corporati on, or
labor union shall not make contributions in any amount t o an
unlimited committee organized exclusively for the purpose of making
independent expenditures or electioneering communications. An
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unlimited committee organized exclusively for the purpose of making
independent expenditures or electioneering communica tions may make
contributions in any amount to another unlimited co mmittee organized
exclusively for the purpose of m aking independent expenditures or
electioneering communications.
SECTION 4. AMENDATORY Rule 2.42 of the Rules of the
Ethics Commission (74 O.S. 2021, Ch. 62, App. I), is amended to read
as follows:
Rule 2.42. Contributions to an un limited political action
committee may be used to make expenditures for independent
expenditures or electioneering communications , for contributions to
another unlimited politic al action committee organized exclusively
for the purpose of making independent expenditures or electioneering
communications, for operating expenses of the unlimited committee or
for other purposes not otherwise prohibited by law or these Rules
that further purposes of the committee. “Purposes of the committee”
shall mean purposes expressed in the committee ’s bylaws, articles of
organization or similar document or, if there is no such document,
in the committee’s statement of organi zation as those purpose s are
stated prior to the making of an expenditure.
SECTION 5. AMENDATORY Rule 2.50 of the Rules of the
Ethics Commission (74 O.S . 2021, Ch. 62, App. I), is amended to read
as follows:
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Rule 2.50. A. An independent expenditure may be made in any
amount by a political party committee, by a political action
committee or by any other entity not oth erwise prohibited by law or
these Rules from making an indep endent expenditure; provided, such
committee or entity must be formed and domiciled in this state. The
treasurer and compliance officer of such committee or entity shall
be residents of this stat e with a valid street address and telephone
number where such officers may be reached during working hours.
B. An individual or entity who receives compensation directl y
or indirectly from an unlimited political ac tion committee that
makes an independent expenditure on behalf of a candidate or
candidate committee shall not receive compensation direc tly or
indirectly from such candidate or candidate committee. Re ceipt of
such compensation shall constitute coordinati on prohibited by these
Rules.
SECTION 6. AMENDATORY Rule 2.52 of the Rules of the
Ethics Commission (74 O.S. 2021, Ch. 62, App. I), is amended to read
as follows:
Rule 2.52. An electioneering communication may be made in any
amount by a political party committee, by a political action
committee or by any other entity not otherwise prohibite d by law or
these Rules from makin g an independent expendit ure; provided, such
committee or entity must be formed and domiciled in this state. The
treasurer and compliance officer of suc h committee or entity shall
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be residents of this state with a valid street address and telephone
number where such officers may be reached during working hours.
SECTION 7. AMENDATORY Rule 2.79 of the Rules of the
Ethics Commission (74 O.S. 2021, Ch. 62, App. I), is amended to read
as follows:
Rule 2.79. A political action co mmittee is any group of two or
more persons that receives contributions o r makes expenditures for
any of the following purp oses:
(1) 1. Making contributions to candidates or candidate
committees;
(2) making contributions to other political action commi ttees;
(3) making 2. Making independent expenditures;
(4) making 3. Making electioneering communications; or
(5) advocating 4. Advocating the approval or defeat of a state
question.
Unless they choose to be considered as suc h, family members, as
defined by these Rules, or members of the same household shall not
be considered a political action committee.
SECTION 8. AMENDATORY R ule 2.98 of the Rules of the
Ethics Commission (74 O.S. 2021, Ch. 62, App. I), is amended to read
as follows:
Rule 2.98. A political action committee registered with the
Federal Election Commission that makes a contribution or
contributions to a candidate or candidates for state o ffice shall
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not be required to register or to file a Report of Contributions and
Expenditures with the Co mmission, provided the contribution or
contributions are reported to the Federal Election Commission and
are available to the public in the same manner as a political action
committee registered under the laws of this state. The treasurer
and compliance officer of such committee shall be residents of this
state with a valid street address and telephone number where such
officers may be reached during working hours.
SECTION 9. AMENDATORY Rule 2.99 of the Rules of the
Ethics Commission (74 O.S. 2021, Ch. 62, App. I), is amended to re ad
as follows:
Rule 2.99. A political action co mmittee or an organization
exempt from taxation pursuant to 26 U.S.C., Section 501 (c)(4),
Internal Revenue Code that is registered in another state that makes
a contribution or contributions to a candidate or candidates for
state office shall file a Report o f Contributions and Ex penditures
for Non-Oklahoma Committees but not registered in this state shall
be prohibited from making contributions to candidates for any office
in this state.
SECTION 10. This act shall become effective November 1, 2023.
59-1-697 TEK 1/19/2023 1:12:40 PM