1 STATE OF OKLAHOMA
1
2 2nd Session of the 59th Legislature (2024)
2
3 HOUSE BILL 3294 By: Lepak
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to elections; defining terms;
7 prohibiting acceptance of certain funds for election
8 administration; providing exception; providing for
8 certification requirements; providing disclosure for
9 joining certain membership; providing for
9 codification; and providing an effective date.
10
10
11
11
12
12
13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
13
14 SECTION 1. NEW LAW A new section of law to be codified
14
15 in the Oklahoma Statutes as Section 701 of Title 26, unless there is
15
16 created a duplication in numbering, reads as follows:
16
17 For purposes of this section:
17
18 1. "Donation" means a payment, gift, subscription, loan,
18
19 advance, deposit, or anything of value given to a person without
19
20 consideration;
20
21 2. "Election officers" includes individuals who administer,
21
22 implement, or oversee election-related policies, procedures, or
22
23 technologies on behalf of any municipality, municipal agency, state,
23
24 or state agency. Election officers include, but are not limited to,
24
Req. No. 9825 Page 1
 1 the Secretary of the State Election Board, any registrar of voters,
1
2 or any member of a county election board;
2
3 3. "Election administration" means to participate in any way in
3
4 the process of conduction and implementing an election. Election
4
5 administration shall not include post-election canvass, recount,
5
6 contest, and audit processes;
6
7 4. "Foreign donations" are donation provided by a foreign
7
8 national;
8
9 5. "Foreign national" means:
9
10 a. An individual who is not a citizen of the United
10
11 States;
11
12 b. A government, or political subdivision, of a foreign
12
13 country or municipality thereof;
13
14 c. A foreign political party, or
14
15 d. Any entity, such as a partnership, association,
15
16 corporation, organization, or other combination of
16
17 persons, that is organized under the laws of or has
17
18 its principal place of business in a foreign country.
18
19 6. "Government entity" means a state, county, local, or
19
20 municipal government entity, or an officer or employee of one of
20
21 these entities;
21
22 7. "Person" includes an individual, partnership, association,
22
23 corporation, organization, or any other combination or group of
23
24 individuals, and
24
Req. No. 9825 Page 2
 1 8. "State officer" includes all election officers and directors
1
2 of the executive branch of state government.
2
3 SECTION 2. NEW LAW A new section of law to be codified
3
4 in the Oklahoma Statutes as Section 702 of Title 26, unless there is
4
5 created a duplication in numbering, reads as follows:
5
6 A. No government entity may solicit, accept, or use any funds
6
7 or in-kind goods or services for election administration if those
7
8 funds or in-kind goods or services are donated directly or
8
9 indirectly by any person other than a government entity. An
9
10 election officer may solicit, accept, or use funds or in-kind goods
10
11 or services of de minimis value.
11
12 B. Except as provided in subsection C of this section, no
12
13 government entity or election officer shall join the membership of
13
14 any person, participate in any program, or purchase any services
14
15 from any person unless the person complies with the following
15
16 certification requirements:
16
17 1. The certification shall state that the person:
17
18 a. has not directly or indirectly financed election
18
19 administration,
19
20 b. does not have any staff or board members who have
20
21 worked for, consulted with or been employed by a
21
22 person within the last 10 (ten) years unless such
22
23 organization consisted of government officials, and
23
24
24
Req. No. 9825 Page 3
 1 c. has been certified as being free of direct or indirect
1
2 foreign donations.
2
3 2. A certification shall be:
3
4 a. renewed on an annual basis,
4
5 b. updated within 5 (five) business days of the person
5
6 obtaining information unknown at the time of the
6
7 initial certification, and
7
8 c. dated and sworn by the person under penalty of
8
9 perjury.
9
10 C. If an election officer joins or considers joining the
10
11 membership of a person, or participates or considers participating
11
12 in any program described in subsection B of this section, the
12
13 election officer has a duty to disclose the participation or
13
14 membership, or potential participation or membership, and to have
14
15 participation or potential participation or membership considered in
15
16 a public hearing, and disclosed on a public website.
16
17 1. The disclosure shall be:
17
18 a. conspicuous, publicly accessible, and publicly
18
19 viewable,
19
20 b. at least 14-point Times New Roman font, and in a
20
21 contrasting color from the background of the website,
21
22 c. enclosed inside a box, separated from other text and
22
23 graphics, and
23
24
24
Req. No. 9825 Page 4
 1 d. displayed on the homepage of the election officer's
1
2 website, reasonably close to the top of the page.
2
3 2. The disclosure shall state:
3
4 a. the full name and title of the election officer,
4
5 b. the date that the election officer participated in the
5
6 program or joined the person or participated in the
6
7 program or is scheduled to begin participation in the
7
8 program,
8
9 c. the full name of the program and person,
9
10 d. an accurate description of the nature of the program
10
11 and/or person,
11
12 e. a certification that the person or program has not
12
13 been, directly or indirectly, the recipient of foreign
13
14 donations, a statement that the person or program has
14
15 been the recipient of foreign donations, or a
15
16 statement that the person or program has not submitted
16
17 said certification, and
17
18 f. the date of any public hearing at which membership or
18
19 participation in the program is to be considered.
19
20 3. The disclosure shall also include a link to a pdf containing
20
21 all resources or documents received by the election officer from the
21
22 person or program, along with the disclosure of any known funding
22
23 for the program known to the officer. This list of resources must
23
24
24
Req. No. 9825 Page 5
 1 be updated within 10 (ten) business days of receipt as resources,
1
2 documents, and other materials are provided or made available.
2
3 4. The disclosure shall remain posted and publicly accessible
3
4 for a period beginning not less than thirty (30) days prior to
4
5 joining, and ending not less than one hundred eighty (180) days
5
6 after membership ends. In creating and posting the disclosure, the
6
7 election officer is certifying under penalty of perjury that the
7
8 information contained within the disclosure is true and accurate.
8
9 SECTION 3. This act shall become effective November 1, 2024.
9
10
10
11 59-2-9825 LRB 01/16/24
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 9825 Page 6