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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3294 By: Lepak
AS INTRODUCED
An Act relating to elections; defining terms;
prohibiting acceptance of certain funds for election
administration; providing exception; pr oviding for
certification requirements; p roviding disclosure for
joining certain membership; providing f or
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codifi ed
in the Oklahoma Statutes as Section 701 of Title 26, unless there is
created a duplication in numbering, reads as follows:
For purposes of this section:
1. "Donation" means a payment, gift , subscription, loan,
advance, deposit, or anything of value giv en to a person without
consideration;
2. "Election officers" includes individuals who administer,
implement, or oversee election-related policies, procedures, or
technologies on behalf of any municipality, municipa l agency, state,
or state agency. Electio n officers include, but are not limited to,
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the Secretary of the State Election Board, any registrar of voters,
or any member of a county election board ;
3. "Election administration " means to participate in any way in
the process of conduction and impleme nting an election. Election
administration shall not include post-election canvass, recount,
contest, and audit processes;
4. "Foreign donations" are donation provided by a foreign
national;
5. "Foreign national" means:
a. An individual who is not a citi zen of the United
States;
b. A government, or politic al subdivision, of a foreign
country or municipality thereof;
c. A foreign political party, or
d. Any entity, such as a partnership, association,
corporation, organization, or other combination of
persons, that is organized under the laws of or has
its principal place of business in a foreign country .
6. "Government entity" means a state, county, local, or
municipal government entity, or an of ficer or employee of one of
these entities;
7. "Person" includes an individual, partnership, association,
corporation, organization, or any other combination or group of
individuals, and
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8. "State officer" includes all election officers and directors
of the executive branch of state government.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 702 of Title 26, unless there is
created a duplication in numbering, reads as follows:
A. No government entity may soli cit, accept, or use any funds
or in-kind goods or services for election administration if those
funds or in-kind goods or services are donated directly or
indirectly by any person other than a government entity. An
election officer may solicit, accept, or use funds or in-kind goods
or services of de minimis value.
B. Except as provided in subsection C of this section, no
government entity or election officer shall join the membership of
any person, participate in any program, or purchase any services
from any person unless the person complies wi th the following
certification requirements:
1. The certification shall state that the person:
a. has not directly or indirectly financed election
administration,
b. does not have any staff or board members who hav e
worked for, consulted with or been empl oyed by a
person within the last 10 (ten) years unless such
organization consisted of government officials , and
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c. has been certified as being free of direct or indirect
foreign donations.
2. A certification shall be:
a. renewed on an annual basis ,
b. updated within 5 (five) business days of the person
obtaining information unknown at the time of the
initial certification , and
c. dated and sworn by the person under penalty of
perjury.
C. If an election officer joins or considers joining the
membership of a person, or participates or considers participating
in any program described in subsection B of this section , the
election officer has a duty to disclose the participation or
membership, or potential participation or membership, and to have
participation or potential participation or membership considered in
a public hearing, and disclosed on a public website.
1. The disclosure shall be:
a. conspicuous, publicly accessible, and publicly
viewable,
b. at least 14-point Times New Roman font, and in a
contrasting color from the background of the website ,
c. enclosed inside a box, separated from other text and
graphics, and
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d. displayed on the homepage of the election officer's
website, reasonably close to the top of th e page.
2. The disclosure shall state:
a. the full name and title of the election officer,
b. the date that the election officer participated in the
program or joined the person or participated in the
program or is scheduled to begin participation in the
program,
c. the full name of the program and person,
d. an accurate description of the nature of the program
and/or person,
e. a certification that t he person or program has not
been, directly or indirectly, the recipient of foreign
donations, a statement that the person or program has
been the recipient of foreign donations, or a
statement that the person or program has not submitted
said certification, and
f. the date of any public hearing at which membership or
participation in the program is to be consi dered.
3. The disclosure shall also include a link to a pdf containing
all resources or documents received by the election officer from the
person or program, along with the disclosure of any known funding
for the program known to the officer. This list of resources must
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be updated within 10 (t en) business days of receipt as resources,
documents, and other materials are provided or made available.
4. The disclosure shall remain posted and publicly accessible
for a period beginning not less than thirty (30) days prior to
joining, and ending not less than one hundred eighty (180) days
after membership ends. In creating and posting the disclosure, the
election officer is certifying under penalty of perjury that the
information contained within the disclosur e is true and accurate.
SECTION 3. This act shall become effective November 1, 2024.
59-2-9825 LRB 01/16/24