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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3715 By: O'Donnell of the House
and
Daniels of the Senate
COMMITTEE SUBSTITUTE
An Act relating to the Rules of the Ethics
Commission; amending Rule 2.48 of the Rules of the
Ethics Commission, which relates to candidate
committee surplus funds; adding use for surplus
funds; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Rule 2.48 of the Rules of the
Ethics Commission, is amended to read as follows :
Rule 2.48. Candidate Committee Surplus Funds.
Surplus funds of a candidate committee are those funds not
otherwise obligated following the election at which the office fo r
which the candidate committee was formed has been determined which,
in the candidate's discretion, are not required to be used for
campaign expenses or officeholder expenses. Such surp lus funds may
be:
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(A) Retained in any amount for use in a future cam paign for the
next succeeding term for the same office;
(B) Retained for a future c ampaign for a different state
elective office, excluding a judicial office;
(C) Donated to a charitabl e organization as described in
Section 501(c)(3) of Title 26 of the U nited States Code as it
currently exists or as it may be amended;
(D) Returned to any contributor, as long as the amount returned
does not exceed the contributor 's aggregate contribution during the
immediately preceding primary, runoff primary and general elections;
(E) Contributed to a political party committee in any amount
not to exceed Twenty-five Thousand Dollars ($25,000.00) in the
aggregate;
(F) Used to purchase item(s) for donat ion to a charitable
organization as described in Section 501(c)(3) of Title 26 of the
United States Code as it currently exists or as it may be amended;
provided:
(1) the donated item(s) are sold by the charitable organiz ation
for fundraising purposes;
(2) the purchase of the item(s) for donation is reported on a
Contributions and Expenditures Report which includes a description
and cost of the item(s) pu rchased;
(3) the donation of the item(s) is reported on a Contributions
and Expenditures Report as an in-kind expenditure to the charitable
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organization which includes a description and the value of the
item(s) donated; and
(4) the donated item(s) may not b e purchased or used by the
candidate whose committee is donating the item, any other candidate,
a committee, or officer, board member or employee of the charitable
organization; or
(G) Donated in accordance with the provisions of Section 381 et
seq. of Title 60 of the Oklahoma Statutes to the State of Oklahoma,
or, to any county, city, town or school d istrict within the State of
Oklahoma; or
(H) Used to retain legal co unsel for the successful defense of
an investigation or prosecution of the candidate's campaign,
campaign finances, or any other violation of the candidate's or
office holder's official duties.
Any surplus funds remaining in the candidate committee 's
possession within ninety (90) days after the expiration of the term
to which the candidate was elected or, for candidates who were not
elected, within ninety (90) days after the second year fol lowing the
general election, shall be deposited in the general reven ue fund of
the state.
SECTION 2. This act shall be come effective January 1, 2026.
COMMITTEE REPORT BY: COMMITTEE ON ELECTIONS AND ETHICS, dated
02/28/2024 - DO PASS, As Amended and Coauthored.