§ 26-7-139 — Short title - Prohibit the Private Funding of Elections

Act – Violations - Penalties. 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 acting in concert, or any other 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 or 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 franchise 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 person, any contribution, donation, or anything else of value for purposes of conducting or administrating any election pursuant to the provisions of 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: 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, absentee 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 Board 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. E. A willful and intentional violation of this act shall be punishable as follows: 1. A first violation 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 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 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.

Legislative History

Added by Laws 2022, c. 194, § 1, emerg. eff. May 4, 2022. Amended by Laws 2023, c. 80, § 1, eff. Nov. 1, 2023.