1 HB194
2 216649-3
3 By Representative Allen
4 RFD: Constitution, Campaigns and Elections
5 First Read: 01-FEB-22
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HB194
1
2 ENROLLED, An Act,
3 Relating to elections; to prohibit certain public
4 officials responsible for the conduct of an election, or their
5 employees, from soliciting, accepting, or using certain
6 donations from an individual or nongovernmental entity for the
7 purpose of funding certain election-related expenses, with
8 exceptions; to provide criminal penalties for violations; and
9 in connection therewith would have as its purpose or effect
10 the requirement of a new or increased expenditure of local
11 funds within the meaning of Amendment 621 of the Constitution
12 of Alabama of 1901, as amended by Amendment 890, now appearing
13 as Section 111.05 of the Official Recompilation of the
14 Constitution of Alabama of 1901, as amended.
15 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
16 Section 1. (a) For the purposes of this section,
17 "election-related expenses" means any of the following:
18 (1) Payments, salaries, or bonuses for election
19 officials, boards of registrars, and poll workers.
20 (2) Expenses relating to equipment, ballots,
21 printing, mailing, or transportation.
22 (3) Expenses relating to signage or media
23 production.
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1 (4) Expenses relating to lectures, educational
2 seminars, or events to train election officials, boards of
3 registrars, or poll workers.
4 (b) Notwithstanding any other law, no state or local
5 public official responsible for the conduct of an election,
6 nor his or her employee, may solicit, accept, or use any
7 donation in the form of money, grants, property, or personal
8 services from an individual or a nongovernmental entity for
9 the purpose of funding election-related expenses or voter
10 education, voter outreach, or voter registration programs.
11 (c)(1) This section does not prohibit the donation
12 and acceptance of space to be temporarily used for a polling
13 place.
14 (2) Notwithstanding this section, if a state public
15 health emergency is proclaimed, donations of items for the
16 preservation or protection of the public health to be used by
17 voters or election officials may be accepted by the Office of
18 the Governor for distribution to each judge of probate,
19 provided written notice of that donation is published on the
20 Governor's website and transmitted by press release to a media
21 outlet in each county no more than 21 days and no less than 10
22 days prior to the distribution of the donated items. The
23 written notice shall include the full name, address, and phone
24 number of the donor, and a list of items, including
25 descriptions and quantities and the dollar value. Items shall
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1 be distributed to each of the 67 counties equally. The
2 Governor may transfer the items to the Office of the Secretary
3 of State for distribution after publication of notice.
4 (d) Any person who violates this section shall be
5 guilty of a Class B misdemeanor.
6 Section 2. Although this bill would have as its
7 purpose or effect the requirement of a new or increased
8 expenditure of local funds, the bill is excluded from further
9 requirements and application under Amendment 621, as amended
10 by Amendment 890, now appearing as Section 111.05 of the
11 Official Recompilation of the Constitution of Alabama of 1901,
12 as amended, because the bill defines a new crime or amends the
13 definition of an existing crime.
14 Section 3. This act shall become effective on the
15 first day of the third month following its passage and
16 approval by the Governor, or its otherwise becoming law.
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1
2
3
4 Speaker of the House of Representatives
5
6 President and Presiding Officer of the Senate
7 House of Representatives
8 I hereby certify that the within Act originated in
9 and was passed by the House 10-MAR-22, as amended.
10
11 Jeff Woodard
12 Clerk
13
14
15
16 Senate 07-APR-22 Passed
17
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