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Alabama
Ala. Code 1975 § 17-9-52
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2022
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“Notwithstanding any other law, no state or local public official responsible for the conduct of an election, nor his or her employee, may solicit, accept, or use any donation in the form of money, grants, property, or personal services from an individual or a nongovernmental entity for the purpose of funding election-related expenses or voter education, voter outreach, or voter registration programs.”
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Does not prohibit the donation and acceptance of space for polling places or, if a state public health emergency is proclaimed, the donation of items for the preservation or protection of the public health.
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Arizona
A.R.S. § 16-407.01
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2021
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“Notwithstanding any other law, this state and a city, town, county, school district or other public body that conducts or administers elections may not receive or expend private monies for preparing for, administering or conducting an election, including registering voters.”
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N/A
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Arkansas
A.C.A. § 7-5-104, § 7-7-201
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2021
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Neither the State Board of Election Commissioners nor any county board of election commissioners “shall take or accept any funding, grants, or gifts from any source other than from:
(1) A city or incorporated town;
(2) The governing authority of the county;
(3) The State of Arkansas; or
(4) The United States Government.”
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N/A
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Florida
West's F.S.A. § 97.0291
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2021
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“No agency or state or local official responsible for conducting elections, including, but not limited to, a supervisor of elections, may solicit, accept, use, or dispose of any donation in the form of money, grants, property, or personal services from an individual or a nongovernmental entity for the purpose of funding any type of expenses related to election administration, including, but not limited to, voter education, voter outreach, voter registration programs, or the cost of any litigation related to election administration.”
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Does not prohibit the donation and acceptance of space to be used for a polling room or an early voting site.
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Georgia
Ga. Code Ann., § 21-2-71, § 21-2-212
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2021
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No superintendent or board of registrars “shall take or accept any funding, grants, or gifts from any source other than from the governing authority of the county, the State of Georgia, or the federal government.”
Also requires the State Election Board to study and report to the General Assembly a proposed method for accepting donations intended to facilitate the administration of elections and a method for an equitable distribution of such donations statewide by October 1, 2021.
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N/A
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Idaho
I.C. § 34-218
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2021
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“Elections held in this state must be funded only by lawful appropriations from the government of the United States, the state of Idaho, or other local governments, including counties, cities, and special taxing districts. No county clerk, local elections office, or other local governing body administering or conducting an election may accept or expend moneys in any amount or accept any items or goods with a total value in excess of one hundred dollars ($100) from any private persons, corporations, organizations, business entities, political parties, or any other private entity.”
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Does not prohibit the collection of fees authorized by law or the donation of a facility or space for the use of election officials in holding an election.
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Indiana
IC 3-5-3-1
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2021
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“A political subdivision that conducts or administers an election may not:
(1) accept private money donations; or
(2) receive or expend funds received;
from a person for preparing, administering, or conducting elections or employing individuals on a temporary basis for the purpose of preparing, administering, or conducting elections, including registering voters.”
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Does not prohibit a political subdivision from receiving or expending funds from the state or from the federal government to prepare for, administer, or conduct an election.
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Iowa
I.C.A. § 49.17
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2022
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“1. The state commissioner or a county commissioner or political subdivision of the state shall only accept funding from the following sources for the purposes of conducting an election:
a. Lawful appropriations of public moneys from the government of the United States.
b. Lawful appropriations of public moneys from the state of Iowa.
c. Lawful appropriations of public moneys from a political subdivision of the state for the conduct of an election in the political subdivision.
2. The state commissioner, a county commissioner, or a political subdivision of the state shall not accept or expend a grant, gift, or other source of funding from a source other than those listed in subsection 1, including from a private person, corporation, partnership, political party, nonparty political organization, committee as defined in section 68A.102, or other organization for the purpose of conducting an election.”
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Does not prohibit the collection of fees or the contribution of a building for use as a polling place.
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Kansas
K.S.A. 25-2436
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2021
(The legislature overrode the governor’s veto.)
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“No election official shall knowingly accept or expend any moneys, directly or indirectly, from any person, except as provided in any acts of appropriation or as otherwise provided by law, for any expenditures related to conducting, funding or otherwise facilitating the administration of an election pursuant to law.”
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Does not prohibit the collection of any fees or assessed costs required by laws or any moneys received as campaign contributions for the office of county clerk.
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Kentucky
KRS § 45A.657, § 116.045
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2022
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“All costs and expenses related to election administration shall be paid for with public funds. An employee of a governmental body shall not solicit, take, or otherwise accept any private contribution, donation, or anything of value to assist with election administration within this state. This subsection shall not apply to a lawful contract for goods and services or an acceptance of food or non-alcoholic beverages.”
“For purposes of voter registration, no county clerk, governmental body of any city, county, urban-county government, consolidated local government, unified local government, charter county government, or any employee thereof, shall accept any private monetary funds to assist with voter registration activities unless accepted as part of a valid contract for goods and services.”
The State Board of Elections “shall be prohibited from accepting any private monetary funds for election administration unless accepted as part of a valid contract for goods and services.”
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N/A
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Mississippi
HB 1365
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2022
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“No agency or state or local official responsible for conducting elections may solicit, accept, use or dispose of any donation in the form of money, grants, property or personal services from an individual or a nongovernmental entity for the purpose of funding election-related expenses or voter education, voter outreach or voter registration programs.”
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Does not prohibit the donation and acceptance of space to be used for a polling place or an individual from contributing his or her personal time to assist with voter education, voter outreach, voter registration programs or other election-related programs as long as such individual receives no compensation or in-kind donation for contributing his or her time.
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Missouri
V.A.M.S. 115.022
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2022
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“Except as provided in subsection 5 of this section, neither the state of Missouri nor any political subdivision thereof that conducts elections shall receive or expend private moneys, excluding in-kind donations, for preparing, administering, or conducting an election, including registering voters.”
Section 5: “In any even-numbered year in which the amount of state funds appropriated to proportionally compensate counties pursuant to sections 115.063 and 115.065 is less than the amount of such funds that were appropriated in the previous even-numbered year, private moneys may be received by the secretary of state to disburse to counties based on the amount of registered voters in each county. The amount of private moneys that may be received by the secretary of state shall not exceed the difference between the amount of state funds appropriated in the previous even-numbered year and the amount appropriated in the pending even-numbered year, plus ten percent of the total amount that was appropriated in the previous even-numbered year.”
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N/A
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Nebraska
Neb.Rev.St. § 32-1201.01
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2022
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"The Secretary of State, election commissioners, and county clerks shall not accept or use any gift, grant, or donation from any private entity for the purpose of preparing for, administering, or conducting an election unless the money received as a result of such gift, grant, or donation is appropriated to the Secretary of State for such use by the Legislature.”
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Does not prohibit in-kind contributions of food or beverages for election workers or the free or reduced charge of a public or private building for the conducting of an election.
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North Dakota
NDCC, 16.1-01-15.1
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2021
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“The state and political subdivisions may not solicit, accept, or use any grants or donations from private persons for elections operations or administration.”
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Does not prohibit the use of privately owned facilities for polling places, food for poll workers or other nonmonetary donations that are not used to prepare, process, mark, collect or tabulate ballots or votes.
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Ohio
R.C. § 3501.054
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2021
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“No public official that is responsible for administering or conducting an election in this state shall collaborate with, or accept or expend any money from, a nongovernmental person or entity for any costs or activities related to voter registration, voter education, voter identification, get-out-the-vote, absent voting, election official recruitment or training or any other election-related purpose.”
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Does not prohibit the collection of any fee authorized by law, the use of any building to conduct an election or the donation of food for precinct election officials at a polling place on Election Day.
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Oklahoma
Okla. Stat. Tit. 26 § 7-139
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2022 |
"All costs and expenses of conducting and administrating elections shall be paid for with public funds...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 Title 26 of the Oklahoma Statutes..."
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Does not prohibit donations not directly related to the administration of elections, though such donations require written approval from the governor and written notification to the speaker of the house and the senate president pro tempore. |
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Pennsylvania
25 P.S. § 107
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2022
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“The cost and expense to State and local governments relating to the registration of voters and the preparation, administration and conduct of elections in this Commonwealth shall be funded only upon lawful appropriation of the Federal, State and local governments…”
“State and local governments, including their public officers, public officials, employees and agents, acting in their official capacity, may not solicit, apply for, enter into a contract for or receive or expend gifts, donations, grants or funding from any individual, business, organization, trust, foundation, or any nongovernmental entity for the registration of voters or the preparation, administration or conducting of an election in this Commonwealth.”
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Does not prohibit the collection of fees authorized by law, the donation or use of a location for voting purposes, the donation or use of services provided without remuneration or the donation or use of goods that have a nominal value of less than $100.
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South Carolina
Code 1976 § 7-5-50
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2022
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"Notwithstanding another provision of law, the State Election Commission and the county boards of voter registration and elections may not receive, accept, or expend gifts, donations, or funding from private individuals, corporations, partnerships, trusts, or any third party not provided through ordinary state or county appropriations."
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N/A
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South Dakota
SDCL § 12-1-11
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2022
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“Neither the state nor any political subdivision may accept any funds, grants, or gifts for election costs from any source other than the governing body of a political subdivision, the state, or the federal government.”
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Does not prohibit gifts of a nominal and intrinsic value as defined by the State Board of Elections and given in compliance with the provisions of § 12-18-3.
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Tennessee
T. C. A. § 2-11-114, § 2-12-118
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2021
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The state election commission, secretary of state, coordinator of elections, county election commission or the administrator of elections “may only accept funding from appropriations of public funds from the United States government, the state of Tennessee or a county or municipality in this state. The state election commission, secretary of state, or coordinator of elections shall not accept or expend any grant, gift or funding from private persons, corporations, organizations or political parties for conducting an election unless such acceptance or expenditure is approved by the speaker of the senate and the speaker of the house of representatives.”
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Does not prohibit the collection of fees authorized by law, election information advertising, donation of use of a location for voting purposes, volunteer labor by citizens of the state, pens, sanitizer or nominal items.
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Texas
V.T.C.A., Election Code § 31.126, § 405.005
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2021
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“Without the written consent of the secretary of state, the joint elections commission, county election commission, and county election board may not:
- accept a contribution of $1,000 or more, including the value of in-kind donations, offered by:
(A) a private individual;
(B) a business entity, including a:
(i) corporation;
(ii) partnership; or
(iii) trust;
(C) or another third party; or
2. use a contribution described by Subdivision (1) to perform a function of administering elections.”
“The secretary of state may grant consent…only if:
- the secretary consults with the governor, the lieutenant governor, and the speaker of the house of representatives on the proposed donation; and
- the governor, the lieutenant governor, and the speaker of the house of representatives unanimously agree to the secretary's grant of consent.”
“The joint elections commission, county election commission, and county election board may accept a contribution of less than $1,000 only with written consent from the relevant political subdivision.”
“The secretary of state shall ensure that any gift, grant, or donation accepted under Subsection (a) to perform a function of administering elections is equitably distributed throughout the state based on a percentage of the population of each county or another method determined by the secretary.”
“Not later than January 1 of each odd-numbered year, the secretary shall submit a report to the governor, the lieutenant governor, and the speaker of the house of representatives that includes a detailed summary of any gifts, grants, or donations…and the manner in which those amounts were expended in the administration of an election.”
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Does not prohibit an in-kind contribution of food or beverage for election workers during the administration of an election, any state or federal funds administered or distributed by the secretary of state, or an offer for use (without charge or for a reduced fee) of a public or private building for the purposes of conducting an election.
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Utah
U.C.A. 1953 § 20A-5-207
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2022
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“An election officer may not solicit, accept, or use any funds for an election if those funds are donated by any person other than a government entity.”
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N/A
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Virginia
VA Code Ann. § 24.2-124.1
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2022
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“The State Board, the Department, each local electoral board, and all offices of the general registrar shall not solicit, accept, use, or dispose of any money, grants, property or services given by a private individual or nongovernmental entity for the purpose of funding voter education and outreach programs, voter registration programs or any other expense incurred in the conduct of elections.”
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Does not prohibit the operation of a polling place or voter satellite office in a facility furnished by a private individual or nongovernmental entity, or the acceptance of a federal government grant funded in whole or part by donations from private individuals or nongovernment entities.
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West Virginia
W. Va. Code, § 3-1A-9
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2022
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“No county commission, clerk of a county commission, municipal governing body or other public official or body responsible for overseeing, administering or regulating an election held within the State of West Virginia may directly receive or accept any gift, grant, contribution, or donation of money or anything of value for election administration and related expenses from any private individual, corporation, partnership, trust or third party, and all such gifts, grants, contributions or donations may only be accepted, received, expended, distributed and utilized by the Secretary of State.”
All monetary gifts, grants, contributions and donations from private individuals, corporations, partnerships, trusts or any third party for election administration and related expenses shall be placed in an account known as the Nonpublic Funding for Election Administration, which shall be administered by the secretary of state, with the approval of the State Election Commission.
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N/A
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