Political Subdivisions Ethics Act : (Title 51 O.S. 2001 and Supp. [sections] 301 through 305) including other related statutory provisions governing the ethical conduct of county officers and employees and campaigns for county, municipal and school board office and county and municipal propositions.

              POLITICAL SUBDIVISIONS
ETHICS ACT
[Title 51 O.S. 2011, §§ 301 through 325]
including other related statutory provisions
governing the
ETHICAL CONDUCT
of
COUNTY OFFICERS AND EMPLOYEES
and
CAMPAIGNS
for
COUNTY, MUNICIPAL AND SCHOOL BOARD OFFICE
and
COUNTY AND MUNICIPAL PROPOSITIONS
*****
2300 North Lincoln Blvd, Room B5 ! Oklahoma City, Oklahoma 73105-4812
(405) 521-3451 ! FAX (405) 521-4905
PREAMBLE
This document contains the following:
! Sections 187, 187.1 and 187.2 of Title 21 of the Oklahoma Statutes;
! Sections 334, 360 and 463 of Title 21 of the Oklahoma Statutes;
! Section 2358.3 of Title 68 of the Oklahoma Statutes;
! Section 4260 of Title 74 of the Oklahoma Statutes; and
! Sections 301 through 325 of Title 51 of the Oklahoma Statutes.
Please note that the Ethics Commission has jurisdiction over the Political Subdivisions Ethics Act [the
"Act"] as it pertains to campaigns for county office, county officers and employees, and county
propositions (ballot measures) only. The Commission has no jurisdiction, other than to provide
reporting forms, over the Act as it pertains to campaigns for municipal and school board office. The Act
specifically excludes a municipal election involving a utility franchise from its reporting provisions.
Further, the Commission has no jurisdiction to enforce criminal penalties under Title 21 and criminal
penalties for violations of statutes governing municipal and school board campaigns. Local district
attorneys are the enforcement authorities for these provisions.
Criminal and civil statutes related to the ethical conduct of local officers or employees or local
campaigns are included in this compilation for the convenience of the user.
3 OKLAHOMA STATUTES 21 § 187
O.S. 2011
Title 21 Oklahoma Statutes 2001
SECTION
187. Definitions
187.1. Limitations on campaign contributions
187.2. Prohibition on corporate contributions to
candidate campaigns–Penalties
334. Contingent fees–Influencing legislation or
official action
360. Prohibitions on public officers or public
employees soliciting contributions from
state employees–Penalties
463. Offering forged or false instruments for
record
§ 187. Definitions
As used in Sections 1 through 3* of this act:
1. "Accept", with reference to a contribution,
means failure by a candidate, treasurer, deputy
treasurer or agent of a committee to expressly and
unconditionally reject and return a tendered contribution
to the contributor within six (6) business days from
receipt of the tender;
2. "Ballot measure" means an initiative,
referendum, legislative referendum, legislative initiative,
state question, or any proposition or measure submitted
to voters for their approval or rejection at a statewide
election;
3. "Campaign" means and includes all activities
for or against the election of a candidate to a specific
state office or local office for a specific term or the
passage or defeat of a ballot measure from the date of
acceptance of the first contribution, the making of the
first expenditure, or the filing of a declaration of
candidacy, whichever is first, until a final campaign
contributions and expenditures report is filed;
4. "Candidate" means a person who seeks
nomination or election to state or local office. An
individual is a candidate when the individual:
a. has filed a declaration of candidacy for any
state office with the Secretary of the State
Election Board;
b. has filed a declaration of candidacy for any
local office with the secretary of any county
election board,
c. has filed a declaration of candidacy with the
Secretary of State and has drawn active
opposition,
d. is nominated as a "substitute candidate"
pursuant to Section 1-105 of Title 26 of the
Oklahoma Statutes; or
e. solicits or accepts contributions, makes
expenditures or gives consent to an individual,
organization, party committee, or other
committee to solicit or accept contributions or
make expenditures to secure election to any
state office at any time, whether or not the
office for which the individual will seek
nomination or election is known when the:
(1) solicitation is made,
(2) contribution is accepted, or
(3) expenditure is made.
The term "candidate" shall include a person whose
candidacy is unopposed;
5. "Candidate committee" means the
committee, consisting of one or more persons who may
be the candidate only, designated by a candidate to
promote the candidate's candidacy and serve as the
recipient of all contributions and the disburser of all
expenditures for the candidate.
6. "Committee" means a candidate committee,
political action committee, or party committee;
7. a. "Contribution" means and includes:
(1) a gift, subscription, loan, guarantee or
forgiveness of a loan, conveyance,
advance, payment, distribution, or
deposit of money or anything of value
made to and with the knowledge and
for the benefit of a committee for use
in a campaign, or for reducing the
debt of a committee,
(2) an expenditure made by a person or
committee, other than a candidate
committee, with the cooperation of, or
in consultation with, a committee, a
candidate, candidate committee, or
candidate's agent or that is made in
concert with, or at the request or
suggestion of, a candidate, candidate
committee, or candidate's agent,
(3) the difference between the payment to
a person, other than a candidate or
committee, of compensation for
21 § 187 OKLAHOMA STATUTES 4
O.S. 2011
personal services or products to the
candidate or committee, and the
reasonable and customary rate
charged by the person for like services
or products in like quantities when the
candidate or committee has
knowledge of the discounted services
or products,
(4) anything of value received by a
committee that is transferred from
another committee or other source,
(5) sums paid for tickets for a political
event such as a reception, rally, or a
similar fundraising event; however, the
amount of any such contribution may
be reduced for the purpose of
complying with the reporting and
contribution limitations requirements of
Section 2* of this act, by the actual
cost of consumables furnished by the
committee in connection with the
purchase of the tickets, and only the
excess over the actual cost of the
consumables shall be deemed a
contribution,
(6) the candidate's own money used on
behalf of that candidate's candidacy;
and
(7) the difference between the open
market value and a discount or rebate:
(a) not extended to the public
generally, or
(b) by a television or radio station
not extended equally to all
candidates for the same
office.
b. The term "contribution" shall not include:
(1) the value of services provided without
compensation by any individual who
volunteers on behalf of a candidate or
committee,
(2) for purposes of the contribution limits set
forth in Section 2* of this act, the transfer
of any funds by a political action committee
to another political action committee,
provided the committees have been
established as provided by law and the
transferring committee and the receiving
committee have been established, directly
or indirectly, and are administered or
financially supported, directly or indirectly,
by a common entity,
(3) any payment or obligation incurred by a
c o rp o ra t io n , la b o r o rg aniz at io n ,
membership organization, cooperative or
corporation without capital stock for the
establishment, administration, and
solicitation of contributions to a separate
segregated fund or political action
committee to be utilized for political
purposes,
(4) a nonreimbursed payment made by an
individual for the individual's own travel
expenses on behalf of a committee,
(5) a payment made by an occupant of a
residence or office for costs related
to a meeting or fundraising event held in
the occupant's residence or office if
the costs for the meeting or fundraising
event do not exceed Five Hundred Dollars
($500.00). However, if the occupant hosts
more than one event in an election cycle
for the same beneficiary, all subsequent
payments that exceed Five Hundred
Dollars ($500,00) in the aggregate are
contributions,
(6) a loan of money made in the ordinary
course of business by a financial institution
authorized to transact business in this
state at terms and interest rates generally
available to a member of the public without
regard to that person's status as a state or
local officer or state or local employee or a
candidate for state or local office by the
institution,
(7) a communication by a corporation, labor
organization, or association aimed at its
members, owners, stockholders, directors,
executive administrative personnel, or their
families, or
(8) a tender of a contribution if the tender is
not accepted, including use as collateral,
or is transferred to the state as provided in
Rule 10-1-2 of the Rules of the Ethics
Commission, 74 O.S. Supp. 1994, Chapter
62, App.;
5 OKLAHOMA STATUTES 21 § 187
O.S. 2011
8. "Expenditure" means a purchase, payment,
dis tribution, loan, advance, compensation,
reimbursement, fee deposit, transfer of funds between
committees, or a gift made by a committee. An
expenditure does not include the following:
a. a loan of money, made in the ordinary course
of business, by a financial institution authorized
to transact business in this state,
b. a communication by a corporation, labor
organization, or association aimed at its
members, owners, stockholders, executive
administrative personnel, or their families,
except a communication by the corporation's
political action committee promoting or
opposing a candidate or candidates,
c. uncompensated services provided by an
individual volunteering the individual's time, or
d. a transfer of funds to another committee if such
transfer is not accepted;
9. "Family" means an individual, his or her
spouse, if any, and all children under the age of
eighteen (18) years residing in the same household;
10. "Local office" means all elective offices for
which a declaration of candidacy is filed with the
secretary of any county election board;
11. "Party committee" means a political party or
any affiliated or connected entity;
12. "Person" means an individual, corporation,
association, proprietorship, firm, partnership, limited
partnership, joint venture, joint stock company,
syndicate, business trust, estate, trust, company,
organization, committee, or club, or a group of persons
who are voluntarily acting in concert;
13. "Political action committee":
a. means a combination of at least two
individuals, or a person other than an
individual:
(1) with the primary purpose of:
(a) supporting or opposing a
candidate or candidates, or a
party committee, except those
required to file with the Federal
Election Commission, or
(b) supporting or opposing a ballot
measure, and
(2) which accepts or gives contributions or
makes expenditures from a joint
account aggregating at least Five
Hundred Dollars ($500) during a
calendar year, and
b. does not include:
(1) a party committee or a candidate
committee,
(2) a person other than an individual,
when that person makes an
expenditure or expenditures from an
account to which contributions have
not been solicited or accepted from
any other persons or individuals; and
the expenditure or expenditures are
required by law or by Chapter 10 of
the Rules of the Ethics Commission to
be reported by the recipient committee
or committees as a contribution or
contributions, and
(3) a combination of individuals, or a
person other than an individual, if the
combination of individuals, or a person
other than an individual, solicits
contributions on behalf of a committee,
and any contributions received as a
result of the solicitation are forwarded
to the committee without being
deposited in any account; and, the
contributions are required by law or by
Chapter 10 of the Rules of the Ethics
Commission to be reported by the
committee that receives the
contributions;
14. "Political party" means any political party so
recognized for the purpose of having candidates appear
on the ballot; and
15. "State office" means all elective offices for
which declarations of candidacy are filed with the
Secretary of the State Election Board.
*Section 187, 187.1 and 187.2 of Title 21 of the Oklahoma
Statutes.
21 § 187.1 CRIMES AND PUNISHMENTS 6
O.S. 2001
§ 187.1. L im i t a t i o n s o n c a m p a i g n
contributions
A. No person or family may contribute more than:
1. Five Thousand Dollars ($5,000.00) in any
calendar year to a committee other than a candidate
committee;
2. Five Thousand Dollars ($5,000.00) to a
candidate for state office, to a candidate for municipal
office in a municipality with a population of over two
hundred fifty thousand (250,000) persons, according to
the most recent Federal Decennial Census, to a
candidate for county office in a county with a population
of over two hundred fifty thousand (250,000) persons,
according to the most recent Federal Decennial
Census, or to a candidate committee authorized by
such a candidate to receive contributions or make
expenditures on his or her behalf, for any campaign; or
3. One Thousand Dollars ($1,000.00) to a
candidate for other local office, or to a candidate
committee authorized by such a candidate to receive
contributions or make expenditures on his or her behalf,
for any campaign.
B. No candidate, candidate committee, or other
committee shall knowingly accept contributions in
excess of the amounts provided herein.
C. These restrictions shall not apply to a
committee supporting or opposing a ballot measure or
local question or to a candidate making a contribution of
his or her own funds to his or her own campaign.
D. It shall be prohibited for a campaign
contribution to be made to a particular candidate or
committee through an intermediary or conduit for the
purpose of:
1. Evading requirements of effective Rules of the
Ethics Commission promulgated pursuant to Article
XXIX of the Oklahoma Constitution or laws relating to
the reporting of contributions and expenditures; or
2. Exceeding the contribution limitations imposed
by subsection A of this section.
Any person making a contribution in violation of this
subsection or serving as an intermediary or conduit for
such a contribution, upon conviction, shall be subject to
the penalties prescribed in subsections E and F of this
section.
E. Any person who knowingly and willfully violates
any provision of this section where the aggregate
amount contributed exceeds the contribution limitation
specified in subsection A of this section by Five
Thousand Dollars ($5,000.00) or more, upon conviction,
shall be guilty of a felony punishable by a fine of up to
four times the amount exceeding the contribution
limitation or by imprisonment in the State Penitentiary
for up to one (1) year, or by both such fine and
imprisonment.
F. Any person who knowingly and willfully violates
any provision of this section where the aggregate
amount contributed is less than Five Thousand Dollars
($5,000.00) in excess of the contribution limitation
specified in subsection A of this section, upon
conviction, shall be guilty of a misdemeanor punishable
by a fine of not more than three times the amount
exceeding the contribution limitation or One Thousand
Dollars ($1,000.00), whichever is greater, or by
imprisonment in the county jail for up to one (1) year, or
by both such fine and imprisonment.
G. No lobbyist or lobbyist principal as defined in
Section 4249 of Title 74 of the Oklahoma Statutes shall
make or promise to make a contribution to, or solicit or
promise to solicit a contribution for a member of the
Oklahoma Legislature or a candidate for a state
legislative office during any regular legislative session,
beginning the first Monday in February, through its
adjournment, and for five (5) calendar days following
sine die adjournment. A member of the Oklahoma
Legislature or a candidate for a state legislative office
shall not intentionally solicit or accept a contribution
from a lobbyist or lobbyist principal as defined in
Section 4249 of Title 74 of the Oklahoma Statutes
during any regular legislative session and for five (5)
calendar days after sine die adjournment. For the
purposes of this subsection, a candidate shall mean any
person who has filed a statement of organization for a
state legislative office pursuant to Oklahoma Statutes,
Title 74, Chapter 62 Appendix, Rule 257:10-1-8.
H. Any person who knowingly and willfully violates
any provision of subsection G of this section, upon
conviction, shall be guilty of a misdemeanor punishable
by a fine of not more than One Thousand Dollars
($1,000.00), or by imprisonment in the county jail for up
to one (1) year, or by both such fine and imprisonment.
Amended Laws 2008 [Subsections G and H effective November
1, 2008].
7 OKLAHOMA STATUTES 21 § 463
O.S. 2011
§ 187.2. P r o h i b i t i o n o n c o r p o r a t e
contributions to candidate campaigns–Penalties
A. No corporation shall contribute to any campaign
fund of any party committee of this state or to any other
person for the benefit of such party committee or its
candidates, nor shall it, through any agent, officer,
representative, employee, attorney, or any other person
or persons, so contribute. Nor shall any such
corporation, directly or through such other person, make
any loan of money or anything of value, or give or
furnish any privilege, favor or other thing of value to any
party committee, or to any representative of a party
committee, or to any other person for it, or to any
candidate upon the ticket of any political party.
B. A corporation shall not make a contribution or
expenditure to, or for the benefit of, a candidate or
committee in connection with an election, except that
this provision shall not apply to:
(1) A campaign or committee solely for or against
a ballot measure or local question; or
(2) The establishment, administration, and
solicitation of contributions to a political action
committee to be utilized for political purposes
by a corporation.
C. No candidate, candidate committee, or other
committee shall knowingly accept contributions given in
violation of the provisions of subsection A or B of this
section.
D. The provisions of this section shall not apply to
a bank, savings and loan association or credit union
loaning money to a candidate in connection with his or
her own campaign which is to be repaid with interest at
a rate comparable to that of loans for equivalent
amounts for other purposes.
E. Any person who knowingly and willfully violates
any provision of this section where the aggregate
amount contributed exceeds Five Thousand Dollars
($5,000.00), upon conviction, shall be guilty of a felony
punishable by a fine of up to four times the amount of
the prohibited contribution or by imprisonment in the
State Penitentiary for up to one (1) year, or by both
such fine and imprisonment.
F. Any person who knowingly and willfully violates
any provision of this section where the aggregate
amount contributed is Five Thousand Dollars
($5,000.00) or less, upon conviction, shall be guilty of a
misdemeanor punishable by a fine of not more than
three times the amount of the prohibited contribution or
One Thousand Dollars ($1,000.00), whichever is
greater, or by imprisonment in the county jail for up to
one (1) year, or by both such fine and imprisonment.
§ 334. Contingent fees–Influencing legislation
or official action
No person may retain or employ a lobbyist, as
defined in Section 6* of this act, for compensation
contingent in whole or in part on the passage or defeat
of any official action or the approval or veto of any
legislation, issuance of an executive order or approval
or denial of a pardon or parole by the Governor. No
lobbyist may accept any employment or render any
service for compensation contingent on the passage or
defeat of any legislation or the approval or veto of any
legislation by the Governor. Any person convicted of
violating the provisions of this section shall be guilty of
a felony punishable by a fine of not more than One
Thousand Dollars ($1,000.00) or by imprisonment in the
state penitentiary not exceeding two (2) years or by
both such fine and imprisonment.
*Section 4249 of Title 74 of the Oklahoma Statutes.
§ 360. Prohibitions on public officers or public
employees soliciting contributions from state
employees–Penalties
No public employee or public officer, as defined in
Section 18* of this act, shall directly or indirectly coerce,
attempt to coerce, command, advise or direct any state
employee to pay, lend or contribute any part of his or
her salary or compensation, time, effort or anything else
of value to any party, committee, organization, agency
or person for political purposes. No public employee or
official shall retaliate against any employee for
exercising his or her rights or for not participating in
permitted political activities as provided in Ethics
Commission Rule 10-1-4. Any person convicted of
willfully violating the provisions of this section shall be
guilty of a felony and shall be punished by the
imposition of a fine of not more than Ten Thousand
Dollars ($10,000.00) or by imprisonment for not longer
than two (2) years, or by both said fine and
imprisonment.
*Section 304 of Title 51 of the Oklahoma Statutes.
§ 463. Offering forged or false instruments for
record
Any person who knowingly procures or offers any
false or forged instrument to be filed, registered, or
recorded in any public office within this state, which
instrument, if genuine, might be filed or registered or
21 § 463 OKLAHOMA STATUTES 8
O.S. 2011
recorded under any law of this state or of the United
States, shall be guilty of a felony.
Title 68 Oklahoma Statutes 2001, § 2358.3
§ 2358.3. In c ome t a x d e d u c t io n fo r
contributions
A person who contributes money to a political party
or to a candidate or candidate committee shall be
entitled to deduct the amount contributed, not to exceed
One Hundred Dollars ($100.00) in any one tax year,
from the person's adjusted gross income in the
computation of Oklahoma Income tax.
§ 4260. Local candidates–Electronic reports
All candidates allowed to receive the maximum
contribution of Five Thousand Dollars ($5,000.00),
pursuant to paragraph 2 of subsection A of Section
187.1 of Title 21 of the Oklahoma Statutes, shall file a
campaign contributions and expenditures report
electronically with the Ethics Commission. The Ethics
Commission shall make the report available online. The
Ethics Commission shall consult with the Office of State
Finance regarding an information technology services
contract to comply with this section.
Added Laws 2011 [Effective November 1, 2011].
CHAPTER 6. – POLITICAL SUBDIVISIONS ETHICS ACT
SECTION
301. Short title
302. Legislative intent
303. Administration of act–Certain clerks not to
receive complaints under act
304. Definitions
305. Powers and responsibilities of Commission–
Promulgation of constitutional rules and
regulations
305.1. Repealed by House Bill 2408, § 6, emerg. eff.
July 1, 2010
306. Promulgation of statutory rules and regulations
307. Complaints
308. Frivolous complaints
309. Filing of statements or reports–Delinquency
310. Reports of contributions from candidates and
committees
311. Registration of committees–Form
312. Certain out-of-state organizations exempt from
requirements of §§ 4211 and 4212
313. Designation of agent for receipt and
expenditure of contributions–Records
314. Campaign contributions and expenditure report
315. Time for filing reports of contributions and
expenditures
316. Use of campaign contributions–Unused
contributions–Notification and declaration of
candidacy
317. Penalties
318. Legislative intent
319. Persons required to file financial disclosure
statement
320. Extension of filing time–Oath–Retention of
financial disclosure statements
321. Information required in financial disclosure
statement–Form
322. Failure to file financial disclosure
statement–Penalties
323. Certain persons prohibited from having
ownership interest in certain governmental
securities
324. Representation by county officers and county
employees
325. Exemptions from compliance with act
§ 301. Short title
Sections 15 through 39 of this act shall be known
and may be cited as the "Political Subdivisions Ethics
Act".
§ 302. Legislative intent
It is the intent of the Legislature that the law reflect
the following items:
1. That the operation of government be properly
conducted so that public officials are independent and
impartial and that a public office is not used for private
gain other than the remuneration provided by law.
Public interest, therefore, requires that the law protect
against any conflict of interest and establish standards
for the conduct of elected officials and government
employees in situations where conflicts may exist;
2. That the government attract those citizens best
qualified to serve. Thus, the law against conflict of
interest must be so designed as not to impede
unreasonably or unnecessarily the recruitment and
retention by government of those best qualified to
serve. Public officials should not be denied the
opportunity, available to all other citizens, to acquire
and retain private economic interests except when such
interests conflict with the responsibility of such officials
to the public;
9 TITLE 51 OF THE OKLAHOMA STATUTES 51 § 304
O.S. 2011
3. That the campaign process in this state operate
to ensure that the people of this state elect their
representatives in an informed and equitable manner
and that qualified persons become candidates for public
office with full confidence in the ability of the process to
protect them from wrongful allegations of unlawful
election practices;
4. That the people be free to seek redress of their
grievances and express their opinions to all government
officials on current issues and pending legislative
actions at every level of government;
5. That these objectives of protecting the integrity
of government and of facilitating the recruitment and
retention of qualified personnel by prescribing
restrictions against conflict of interest without creating
unnecessary barriers to public service be implemented;
6. That no officer or employee of any political
subdivision of this state, have any interest, financial or
otherwise, direct or indirect; engage in any business
transaction or professional activities; or incur any
obligation of any nature that is in substantial conflict
with the proper discharge of duties in the public interest;
and
7. That all public officials and public employees
are agents of the people and hold their positions for the
benefit of the people. They are bound to uphold the
Constitution of the United States and the Constitution of
this state and to perform efficiently and faithfully their
duties under the laws of the federal, state and local
governments. Such officers and employees must
observe, in their official acts, high standards of ethics
regardless of personal consideration, recognizing that
promoting the public interest and maintaining the
respect for their government must be a foremost
concern.
§ 303. Administration of act–Certain clerks not
to receive complaints under act
A. The provisions of the Political Subdivisions
Ethics Act shall be administered as follows:
1. The Ethics Commission created in Section 1 of
Article XXIX of the Oklahoma Constitution, shall
administer the Political Subdivision Ethics Act with
respect to candidates or candidate committees for
county office, campaigns for or against county ballot
measures and public officials and public employees
elected or appointed to serve in county government;
2. The municipal clerk shall administer the
Political Subdivisions Ethics Act with respect to
candidates or candidate committees for municipal
office, committees supporting or opposing candidates
for municipal office and campaigns for or against
municipal ballot measures other than those involving
utility franchises; and
3. The clerk of the board of education shall
administer the Political Subdivisions Ethics Act with
respect to candidates or candidate committees for
school district office or committees supporting or
opposing candidates for school district office.
B. The municipal clerk and the clerk of the board
of education shall not receive any complaints of
violations of the Political Subdivisions Ethics Act and
shall be limited to the duties prescribed in paragraphs 1,
2, 3, 4 and 5 of Subsection A of Section 19* of this title.
*Section 305 of Title 51 of the Oklahoma Statutes.
§ 304. Definitions
As used in the Political Subdivisions Ethics Act:
1. "Business" means any corporation, partnership,
sole proprietorship, firm, enterprise, franchise,
association, organization, self-employed individual,
holding company, joint stock company, receivership,
trust, or any legal entity through which business is
conducted for profit;
2. "Calendar quarter" means each three-month
period of a calendar year, beginning on January 1, April
1, July 1 and October 1 of each year;
3. "Campaign" means and includes all activities
for or against the election of a candidate to a specific
local office for a specific term, the making of the first
expenditure, the filing of a declaration of candidacy or a
public announcement of intent to seek such election,
whichever is first;
4. "Candidate" means a person who has filed a
notification and declaration of candidacy for any public
office with the secretary of any county election board.
The term "candidate" shall include a person whose
candidacy is unopposed, but shall not include any
person who has withdrawn such notification and
declaration of candidacy;
5. "Candidate committee" means the committee,
consisting of one or more persons who may be the
candidate only, designated by a candidate to promote
the candidate's candidacy and serve as the recipient of
all contributions and the disburser of all expenditures for
the candidate;
51 § 304 POLITICAL SUBDIVISIONS ETHICS ACT 10
O.S. 2011
6. "Committee" means a candidate committee,
political action committee, political party, or
organization;
7. "Compensation" means money, service, facility
or thing of value or financial benefit which is received or
is to be received in return for or in connection with
services rendered or to be rendered;
8. "Complainant" means a person filing a
complaint pursuant to the provisions of Section 21* of
this act;
*Section 307 of Title 51 of the Oklahoma Statutes.
9. "Contributor" means and includes every person
or committee who makes a contribution;
10. "Contribution" means and includes any money,
property, or in-kind services, including but not limited to,
printing or engraving, radio or television time, billboards,
advertising, subscription, forgiveness of indebtedness,
personal or professional services or any other thing of
value whatsoever which is given or loaned to be used in
a campaign. The term "contribution" shall not include:
a. money loaned to a candidate in connection with
his own campaign by a bank, savings and loan
association or credit union which is to be repaid
with interest at a rate comparable to that of
loans for equivalent amounts for other
purposes,
b. the value of services provided without
compensation by individuals volunteering a
portion or all of their time on behalf of a
candidate, organization, political action
committee, or political party,
c. for purposes of the contribution limits set forth
in Section 2* of this act, the transfer of any
funds by a political action committee to another
political action committee, provided the
committee has been established as provided
by law if the transferring committee and the
receiving committee have been established,
directly or indirectly, and are administered or
financially supported, directly or indirectly, by a
common organization, or
d. any payment or obligation incurred by a
corporation, labor organization, membership
organization, cooperative or corporation without
capital stock for the establishment,
administration, and solicitation of contributions
to a separate segregated fund or political action
committee to be utilized for political purposes;
*Section 187.1 of Title 21 of the Oklahoma Statutes.
11. "Commission" means the Ethics Commission;
12. "Election" means a Primary, Run-off Primary,
General, or Special Election in which a candidate is on
the ballot;
13. "Election board" means the appropriate county
election board in reference to candidates who file a
declaration of candidacy with the county election board;
14. "Expenditure" means a payment, distribution,
contribution, loan, advance, compensation,
reimbursement, fee deposit or gift of money
securement, or any other thing of value, or services
including but not limited to postage, telephone,
telegraph, printing, advertising, travel, lodging, meals or
entertainment for which payment is made with private or
public funds, and includes a contract, promise or
agreement to make an expenditure, whether or not
legally enforceable;
15. "Family" means an individual, his or her
spouse, if any, and all children under the age of
eighteen (18) years residing in the same household;
16. "Governmental entity" means any department,
commission, authority, council, board, bureau,
committee, legislative body, agency, public trust, or
other establishment of the a political subdivision of this
state;
17. "Income" means any money or thing of value
received, or to be received as a claim on future
services, whether in the form of a fee, salary, gift,
expense, allowance, forbearance, forgiveness, interest,
dividend, royalty, rent, capital gain, or any other form of
recompense or any combination thereof; provided, the
term "income" shall not include campaign contributions;
18. "Local office" means all elective offices for
which declarations of candidacy are filed with the
secretary of any county election board;
19. "Ministerial action" means an action that a
person performs in a prescribed manner which involves
no discretionary judgment;
20. "Org a n iz a t io n " in c lu des a c o rp o ra t io n ,
government or governmental subdivision or agency,
business trust, estate, trust, partnership or association,
union, education or action group or committee or entity
11 POLITICAL SUBDIVISIONS ETHICS ACT 51 § 305
O.S. 2011
with two or more persons having a joint or common
political interest;
21. "Person" means an individual, corporation,
association, firm, partnership, labor union or labor
organization, committee, club or other organization, or
a group of persons who are voluntarily acting in concert;
22. "P o l i t i c a l a c t io n c ommi t t e e " me a n s a
combination of at least two individuals, or a person
other than an individual:
a. with the primary or incidental purpose of
supporting or opposing a candidate or political
party, except those required to file with the
Federal Election Commission or the Ethics
Commission, and
b. which accepts contributions or makes
expenditures aggregating at least Two Hundred
Dollars ($200.00) during a calendar year;
23. "Political party" means any political party so
recognized for the purpose of having candidates appear
on the ballot;
24. "Public employee" means any person who is
employed by and receives compensation from any
governmental entity, but shall not mean independent
contractors or public officials;
25. "Public official" means an elected or appointed
official in the executive or legislative branch of a political
subdivision of the state;
26. "Represent" or "representation" means any
formal or informal attendance before, or any written or
oral communication with, or the filing of documents with
any governmental entity on behalf of a person or
organization;
27. "Respondent" means a person named in a
complaint filed pursuant to the provisions of Section 21*
of this title;
*Section 307 of Title 51 of the Oklahoma Statutes.
28. "Source" means the name, address, and
description of the principal business activity of a person
or organization; and
29. "Substantial financial interest" means an
interest that could result in directly or indirectly receiving
a substantial pecuniary gain or sustaining a substantial
pecuniary loss as a result of ownership or interest in a
business entity, or as a result of salary, gratuity or other
compensation or remuneration from any person,
partnership, organization or association.
§ 305. Powers and responsibilities of
Commission–Promulgation of rules and
regulations
A. The Ethics Commission shall:
1. Serve as the official repository for financial
disclosure statements, campaign contributions and
expenditures reports and such other documents filed by
candidates or candidate committees for county office
and public officials and public employees of county
government as pertain to its duties;
2. Accept and file any information voluntarily
supplied that exceeds the requirements of the Political
Subdivisions Ethics Act; provided, the Commission shall
not require the disclosure of any information other than
as specifically provided by the Political Subdivisions
Ethics Act;
3. Make available from its website forms upon
which information shall be provided as required by the
Political Subdivisions Ethics Act and copies of the
Political Subdivisions Ethics Act for all candidates,
committees, officials, and employees required to submit
such forms;
4. Make campaign contributions and expenditures
reports, political action committees' registrations and
financial disclosure statements filed with it available
during regular business hours to the public subject to
the Open Records Act, Section 24A.1 et seq. of this
title. No original or record copies of reports,
registrations and statements shall be removed from the
office of the Commission. No records or materials of
the Commission shall be subject to the Oklahoma Open
Records Act unless expressly provided for in this act;
5. Preserve such reports, registrations and
statements in accordance with the Records
Management Act, Section 201 et seq. of Title 67 of the
Oklahoma Statutes, or for a period of at least two (2)
years from date of receipt;
6. Issue ethics interpretations pertaining to the
provisions of the Political Subdivisions Ethics Act when
requested by any person or committee under the
jurisdiction of the Commission and publish its ethics
interpretations annually; provided, that failure of a
person to request an ethics interpretation shall have no
relevance in any subsequent proceeding under the
Political Subdivisions Ethics Act. Provided further, such
interpretation shall be binding on the Commission in any
51 § 305 POLITICAL SUBDIVISIONS ETHICS ACT 12
O.S. 2011
subsequent proceeding under the Political Subdivisions
Ethics Act. Sufficient deletions shall be made by the
Commission in published ethics interpretations to
prevent the disclosure of the identity of the persons
involved in the situations presented in the ethical
interpretations;
7. Pursuant to a complaint filed under the
provisions of Section 307 of this title and as specifically
authorized by law, hold hearings, subpoena witnesses
upon a vote of a majority of the members of the
Commission, and compel their attendance and
testimony, administer oaths and affirmations, take
evidence, and require by subpoena the production of
any books, papers, records, or other items relevant to
the performance of the Commission's duties or exercise
of its powers;
8. Enforce and collect such late filing fees as
provided for by the Political Subdivisions Ethics Act.
The Commission shall establish a procedure by which
an employee of or person contracting with the
Commission shall conduct a hearing regarding any late
filing fee imposed upon written request. The hearing
shall be conducted within thirty (30) days of the request.
The decision of the person conducting the hearing may
be appealed to the Commission upon written request;
and
9. Initiate and continue programs for the purpose
of educating officials, employees and citizens of political
subdivisions of this state on matters of ethics and
government service.
Amended by House Bill 2408, § 1, emerg. eff. July 1, 2010.
§ 305.1. Repealed by House Bill 2408, § 6,
emerg. eff. July 1, 2010.
§ 306. Promulgation of statutory rules and
regulations
A. The Ethics Commission shall be authorized to
promulgate rules and regulations pursuant to the
Administrative Procedures Act, Section 250 et seq. of
Title 75 of the Oklahoma Statutes, for the purpose of
carrying out its duties pursuant to the Political
Subdivisions Ethics Act with respect to candidates and
candidate committees for county office, for campaigns
for county initiatives and referenda and for county
officers and employees.
B. The Ethics Commission shall adopt rules and
regulations providing standards for allowing
registrations, reports and statements to be filed on
magnetic media or in other machine-readable form with
the Commission.
§ 307. Complaints
A. Except as otherwise provided in this section,
complaints alleging violations of the provisions of this
act by persons, committees, candidates, public officials
or public employees of county government shall be filed
with the Ethics Commission. The Commission shall not
accept a complaint alleging a violation by a candidate
for local office other than county office. Such complaint
must be filed by the complainant with the district
attorney of the county in which the violation is alleged to
have occurred.
B. The Commission shall not initiate any
investigation or other proceedings except:
1. Pursuant to a complaint which meets the
requirements of this section; or
2. Pursuant to the provisions of Section 23* of this
act.
*Section 309 of Title 51 of the Oklahoma Statutes.
C. Complaints shall be made in writing and signed
by the person making the complaint and shall be
verified and notarized. Each complaint shall state
specifically the sections of the Political Subdivisions
Ethics Act that the person named in the complaint is
alleged to have violated and the date of the alleged
violation, which shall not be more than two (2) years
before the date the complaint is filed. The Executive
Director shall be authorized, without action of the
Commission, to refuse to accept any complaint which
does not meet the requirements of this section and shall
notify the person filing the complaint of the reasons for
such refusal. The Executive Director shall, without
action of the Commission, forward any complaint filed
with the Commission, over which the Court on the
Judiciary has jurisdiction to the Court on the Judiciary.
The Executive Director shall forward any complaint
alleging a violation by a member of the Commission to
the Council on Judicial Complaints, which shall be
authorized to refer the complaint to the district attorney
of the county in which the alleged violation occurred.
D. No person shall disclose the contents of a
complaint, his or her intention to file a complaint, the
fact that a complaint has been filed or his or her
knowledge of another person's intention to file a
complaint; provided, the respondent may disclose the
entire contents of a complaint and any related materials
at any time in the proceedings. If the respondent so
discloses, any provisions of this act prohibiting
disclosure of information shall be waived and the
13 POLITICAL SUBDIVISIONS ETHICS ACT 51 § 307
O.S. 2011
complaint and all records and materials related thereto
shall be open for public inspection.
E. No complaint alleging any violation of the
provisions of Sections 24 through 31* of this act by a
candidate or by any person in connection with a
campaign for county office may be filed with, received
by or initiated by the Commission during the period
beginning on the first day of the period for filing
declarations of candidacy for the office and ending on
the day after certification of the results of the election at
which the office is filled.
*Sections 310 through 317 of Title 51 of the Oklahoma
Statutes.
F. A copy of any complaint filed with the
Commission that meets the requirements of subsection
C of this section and a general statement of the
applicable laws with respect to the complaint, shall be
sent by certified mail to the person named in the
complaint. Such person shall have twenty (20) days
from the day of receipt of the copy of the complaint to
file a written response to the complaint. Upon written
request by the person, the chairman of the Commission
may extend the time for response an additional twenty
(20) days.
G. A complaint may be withdrawn by the
complainant at any time during the proceedings outlined
in this section with the consent of the Commission and
the respondent.
H. Upon the filing of a complaint, the Commission
shall determine if the complaint may be resolved by
action on the part of either party or by a conciliation
agreement pursuant to the provisions of subsection Q
of this section or if the complaint should be dismissed.
If not, the Commission may cause an investigation to be
conducted and may order a hearing to be held pursuant
to the provisions of Article II of the Administrative
Procedures Act. The respondent shall have the right to
be present during any of the proceedings except the
final deliberations and the right to appear with counsel
and shall be notified that the investigation and hearing
may result in a referral of the complaint to the
appropriate authority for prosecution if a criminal penalty
is provided in this act for the violation cited in the
complaint. The complainant shall not be present except
at such times as he may be required to provide
testimony.
I. The rules of evidence shall apply to any
hearings held pursuant to the provisions of this section.
J. All proceedings held pursuant to the provisions
of this section shall be conducted in executive sessions.
All records relating to any such complaint, review or
investigation shall be confidential and not open for
public inspection.
K. The Commission shall cause a record to be
made of such proceedings and shall request a hearing
officer to conduct the proceedings and advise the
Commission as necessary. The hearing officer shall be
an attorney licensed to practice law in this state. The
Court Administrator shall designate hearing officers.
The Executive Director or designee shall present the
complaint and any evidence supporting the complaint.
The Commission shall determine:
1. The order of the proceedings;
2. The order in which the Executive Director or
designee and the respondent and his or her counsel are
to put on testimony and evidence, cross-examine
witnesses and present arguments; and
3. Such other matters as may be necessary to
ensure orderly proceedings. The Commission may
request the assistance of the hearing officer in making
such determinations.
L. At the conclusion of the hearing, the
Commission shall conduct final deliberations and shall
determine if the complaint may be resolved by a
conciliation agreement. No other person shall be
present at such deliberations; provided, after such
determination, the Commission may request the
assistance of the Executive Director.
M. At the conclusion of final deliberations, the
Commission shall set forth its determination in writing
with findings of fact and conclusions of law. Such
written decision with findings of fact and conclusions of
law must contain one of the following orders:
1. A dismissal of the complaint;
2. An order reflecting the terms of a conciliation
agreement with the respondent pursuant to the
provisions of subsection Q of this section; or
3. For complaints alleging a violation of this act for
which a criminal penalty is provided, an order referring
the complaint and all material gathered by the
Commission concerning the alleged violation to the
appropriate authority for prosecution or action; provided
such referral shall only be made upon the affirmative
vote of a majority of the members serving that there is
probable cause to believe that the respondent
51 § 307 POLITICAL SUBDIVISIONS ETHICS ACT 14
O.S. 2011
committed a knowing and willful violation of the sections
of the Political Subdivisions Ethics Act cited in the
complaint. If the Commission refers the complaint for
prosecution or action, the records of any proceedings
held pursuant to the complaint shall be transcribed.
As used in this section, "appropriate authority"
means the district attorney of the county in which the
violation occurred. If uncertainty exists as to the county
in which the violation occurred, the Commission may
prosecute in, or refer complaints to the district attorney
of, any county in which the evidence indicates the
violation might have been committed.
N. If the appropriate authority declines to
prosecute or take action, the investigation and order
and all materials related thereto shall remain
confidential. If the appropriate authority decides to
prosecute or take action, the respondent shall be
entitled to a copy of any report prepared by the
Commission concerning the complaint and only that
material presented at trial shall become open for public
inspection. If the Commission dismisses the complaint,
all materials related to the investigation shall be
destroyed by the Commission six (6) months after the
date of dismissal unless such materials are required for
prosecution of filing a frivolous complaint pursuant to
the provisions of Section 22* of this act.
*Section 308 of Title 51 of the Oklahoma Statutes.
O. In making a determination pursuant to the
provisions of subsection M of this section, the
Commission may exercise such discretion as it deems
necessary to provide fairness to the accused and to
maintain confidence in the public officials and
employees who are subject to the provisions of this act.
P. Any person disclosing any material made
confidential pursuant to the provisions of this section,
upon conviction, shall be guilty of a misdemeanor and
shall be punished by a fine not exceeding Ten
Thousand Dollars ($10,000.00). If the Commission
upon a vote of a majority of the members serving
determines that confidential information has been
disclosed, it shall forward any materials related to such
disclosure, along with any information it deems
necessary, to the appropriate district attorney.
Q. A conciliation agreement to resolve any
complaint filed may be entered into by the Commission
and the respondent at any time during the proceedings
provided for in this section. A conciliation agreement,
unless violated, shall be a bar to any other action by the
Commission or the district attorney. A conciliation
agreement shall not be made public unless such
disclosure is made part of the agreement. A conciliation
agreement may include a requirement that the
respondent pay a civil penalty of up to Two Thousand
Five Hundred Dollars ($2,500.00).
Such penalties shall be deposited with the State
Treasurer to the credit of the General Revenue Fund.
If the Commission finds, or either party alleges, that a
conciliation agreement has been violated, the
Commission shall conduct a hearing under the
procedures specified in this section to determine if the
conciliation agreement has been violated and, if so, if
the complaint should be referred to the appropriate
authority for prosecution. A conciliation agreement may
be amended by the Commission.
§ 308. Frivolous complaints
It shall be unlawful to file a frivolous complaint with
the Ethics Commission. A person shall be deemed to
have filed a frivolous complaint if:
1. The person has submitted or has caused or
conspired with the complainant to submit substantially
the same complaint to the Commission within the
preceding six (6) months;
2. To the best of his or her knowledge, the
complaint is not accurate or is not well grounded in fact;
or
3. The complaint is made for an improper
purpose, including harassment of any person named in
the complaint.
If the Commission upon a vote of a majority of the
members serving determines that a frivolous complaint
has been filed, it shall forward the complaint, along with
any information it deems necessary, to the appropriate
district attorney. Any person convicted of filing a
frivolous complaint shall be guilty of a misdemeanor and
shall be punished by a fine not exceeding Ten
Thousand Dollars ($10,000.00).
§ 309. Filing of statements or reports–
Delinquency
The Ethics Commission shall post in public view in
its office a list of those delinquent in filing any
statements or reports required by the Political
Subdivisions Ethics Act. It shall send a delinquency
notice to the appropriate person within twenty-four (24)
hours of the filing deadline by registered or certified mail
and may impose late filing fees as provided by law. If
any person has not filed any statement or report within
forty-eight (48) hours after receipt of such notice, the
15 POLITICAL SUBDIVISIONS ETHICS ACT 51 § 311
O.S. 2011
Commission may, on its own motion, institute
proceedings against such person pursuant to the
provisions of Section 21* of this act; provided, the
provisions of subsection E of Section 21* of this act
shall not apply to proceedings instituted pursuant to the
provisions of this section.
*Section 307 of Title 51 of the Oklahoma Statutes.
*Section 307 of Title 51 of the Oklahoma Statutes.
§ 310. Reports of contributions from
candidates and committees
A. If a candidate or committee has accepted one
or more contributions, or made one or more
expenditures during a reporting period, the designated
agent shall be required to file a complete written report
of all contributions and expenditures as provided for in
the Political Subdivisions Ethics Act. If a candidate or
committee has not accepted any contributions and has
made no expenditures during a reporting period, the
designated agent shall file a statement of inactivity.
B. Every candidate or candidate committee for
county office and every committee, except for
committees supporting or opposing municipal or school
board candidates, which receives a contribution which
exceeds Two Hundred Dollars ($200.00) in a campaign
shall file reports with the Ethics Commission. Every
candidate or candidate committee for local office other
than county office shall file reports with the clerk of the
appropriate political subdivision.
C. Every candidate and committee shall report the
sources of each contribution which exceeds Two
Hundred Dollars ($200.00) in the aggregate during the
campaign or calendar year.
D. Every committee, except for candidate
committees, that makes a contribution to another
candidate or committee in an amount which exceeds
Two Hundred Dollars ($200.00) in the aggregate during
the campaign or calendar year shall report the
contribution as an expenditure as provided in Section
28* of this act; provided, this subsection shall not
authorize any contribution otherwise prohibited by law.
A committee shall not make a contribution in cash. A
committee shall not make a contribution, other than in
kind, except by written instrument containing the name
of the donor and the name of the payee.
*Section 314 of Title 15 of the Oklahoma Statutes.
E. If a contributor makes more than one
contribution to a candidate or committee and any of
such contributions are of a value less than Two
Hundred Dollars ($200.00) in the aggregate during the
campaign or calendar year, then such contributions
shall be reported whenever the aggregate value or
amount of such contributions and the theretofore
unreported contributions to such candidate or
committee exceeds Two Hundred Dollars ($200.00).
F. Contributions of a value Two Hundred Dollars
($200.00) or less during the reporting period shall be
reported as one aggregate total without identifying the
contributors thereof. All corporate contributions to a
committee or person for or against a state question
shall be segregated from, and may not be commingled
with, a fund established by such person or committee to
contribute to candidates or committees which support or
oppose candidates.
G. Expenditures made by a candidate or candidate
committee from the candidate's own funds including, but
not limited to, any funds loaned by a bank, savings and
loan association or credit union, and on the candidate's
own behalf shall not be considered as contributions but
shall be reported as expenditures.
§ 311. Registration of committees–Form
A. Committees shall register with the Ethics
Commission within ten (10) days of organization or
within ten (10) days of receiving or expending more than
Two Hundred Dollars ($200.00). The form shall require
the following information:
1. The name and address of the committee;
2. The name and address and relationship of any
affiliated or connected organizations;
3. The name, address and position of the
designated agent of the committee;
4. The name and address of the chairman, vice-chairman
and treasurer of the committee and its staff
director, if any;
5. If the committee is authorized by a candidate,
the name, address, office and party affiliation of the
candidate; and
6. A listing of all banks, safety deposit boxes or
other depository used by the committee.
B. The form shall be as follows:
51 § 311 POLITICAL SUBDIVISIONS ETHICS ACT 16
O.S. 2011
REGISTRATION: Committees
Please type or print clearly in ink.
1. NAME OF COMMITTEE: (Full Exact Name, Do not
abbreviate)
Street Address
City State Zip
2. PURPOSE OF COMMITTEE: (Check only one, then
provide additional information on line checked)
Candidate Candidate's Office District/
Name (Last, Sought County
First, Middle)
( )
Special Interest (Associated with a business,
association, labor union or similar organization)
( )
Other (Explain fully on Brief Description
an attached sheet)
( )
3. DURATION: 4. DATE: 5. FEC ID
Will committee General/ NUMBER:
continue beyond Special (Federal
next election? MM/DD/YY Committees
( )Yes ( )No Only)
6. OFFICERS: Name (Last, Address (Street,
First, Middle) City, State, Zip)
Chairman
Vice-Chairman
Treasurer
Staff Director
7. DESIGNATED AGENT: Name Daytime
Phone No.
Address City State Zip
8. DEPOSITORIES: Please list all banks, safety boxes
or other depositories used by the above-named
organization, committee or party. List primary
depository first; use attached sheet if necessary.
Institution City Description (Account,
Name Safety Deposit Box...) &
Number
9. CONNECTED ORGANIZATIONS: List all affiliated or
connected organizations and indicate their relationship
to this committee. List primary connected organization
first; use attached sheet if necessary.
Organization Address Relationship
Name (Street, City,
State, Zip)
10. CERTIFICATE: We certify that the above
information is true, complete and correct.
Chairman's Date Designated Date
Signature Agent's
Signature
C. Any change in submitted information shall be
reported within ten (10) days after the date of change.
§ 312. Certain out-of-state organizations
exempt from requirements of act
The provisions of the Political Subdivisions Ethics
Act shall not apply to out-of-state committees which
receive contributions and which contribute in Oklahoma
only through an Oklahoma committee that registers and
files reports of contributions and expenditures pursuant
to the provisions of the Rules of the Ethics Commission
or the Political Subdivisions Ethics Act.
§ 313. Designation of agent for receipt and
expenditure of contributions��Records
A. Every candidate or committee shall designate
a person, who may be the candidate himself or herself
for a candidate committee, to be the agent of the
committee for the receipt and expenditure of
contributions for reporting purposes. The agent may
designate as many subagents as he or she deems fit.
The chairperson of a committee may remove the
designated agent and designate another agent at any
time. The chairperson or agent may remove a
subagent and designate other subagents at any time.
The designations of agents and subagents shall be
made in writing and filed with the Ethics Commission for
candidates or candidate committees for county office
and with the clerk of the appropriate political subdivision
for candidates or candidate committees for local office
other than county office. No person shall act as any
agent or as a subagent until after his designation is so
filed.
B. The form for designation of agent shall be as
follows:
17 POLITICAL SUBDIVISIONS ETHICS ACT 51 § 314
O.S. 2011
State of Oklahoma
DESIGNATION OF AGENT
Please type or print clearly in ink.
NAME OF CANDIDATE OR COMMITTEE:
(Do not abbreviate.)
Business Address (Street or Box, City, State, Zip)
CHECK YOUR FILING STATUS: (mark only one box)
( ) A CANDIDATE COMMITTEE. Name of
authorized candidate committee (if any):
( ) A POLITICAL ACTION COMMITTEE. Name
of Corporation or Organization:
( ) A POLITICAL PARTY. Central Committee/
District/County/Club:
( ) AN AGENT. Name of candidate or
committee represented:
Candidates or Candidate Committees Only:
(fill in each applicable blank for candidate)
Office Title: Position No.: District/
City/County
Date of Date of Runoff Date of
Primary Primary General
Election: Election: Election:
DESIGNATION OF AGENT: Name Daytime
Phone No.
Address City State Zip
DESIGNATION OF SUBAGENTS:
Name Address Daytime Phone Number
AGENT/SUBAGENTS REMOVED:
Name Term of Service (from date of
appointment to present)
Certificate: I certify that the above information is true,
complete and correct.
Candidate, Chairman or Agent's Signature Date
(person serving as appointing authority)
C. Each agent shall maintain written records of all
contributions and expenditures handled by him or her
and shall require each of the subagents to maintain a
written record of all contributions and expenditures
handled by each such subagent. The written records
shall be the property of the candidate or committee to
which they relate and shall be delivered to the candidate
or committee immediately upon:
1. Demand by the candidate or committee;
2. Removal of an agent or subagent; or
3. The expiration of the agent's or subagent's
appointment, whichever shall first occur.
D. No committee shall solicit, accept or make a
contribution on behalf of any individual candidate
without expressed permission of the candidate.
§ 314. C am p a i g n c o n t r i b u t i o n s a n d
expenditures report
A. Except as provided by subsection F of this
section, the campaign contributions and expenditures
reports shall disclose:
1. The carryover from a previous campaign or
cumulative period. For purposes of this act, a
cumulative period shall begin on the first day of an
even-numbered year and end on the last day of an odd-numbered
year;
2. The grand total of contributions from the last
campaign contributions and expenditures report unless
beginning a new campaign or cumulative period;
3. The specific identification of each contributor
who gives a contribution which exceeds Two Hundred
Dollars ($200.00), including :
a. the date the contribution is accepted,
b. the contributor's address, and
c. a specific description of the contribution;
4. The aggregate value of all contributions
received from each such contributor during the
campaign for candidates and candidate committees or
during the current calendar year for other committees;
51 § 314 POLITICAL SUBDIVISIONS ETHICS ACT 18
O.S. 2011
5. The aggregate total of all contributions in the
amount of Two Hundred Dollars ($200.00) or less;
6. The total sum of all contributions during the
current reporting period;
7. The grand total of all contributions for the
campaign or cumulative period to date;
8. The grand total of expenditures from the last
campaign contributions and expenditures report, unless
beginning a new campaign or cumulative period;
9. All campaign expenditures in detail by
categories or objects of expenditure;
10. The total of all expenditures during the current
reporting period; and
11. The grand total of all expenditures for the
campaign or cumulative period to date.
B. Such reports shall be certified by the candidate,
the principal officer of the committee, or the designated
agent. No fictitious names shall be used on the reports.
The reports shall show the correct name of the person
actually making the contribution.
C. The form of the campaign contributions and
expenditures reports shall be as follows:
CAMPAIGN CONTRIBUTIONS AND
EXPENDITURES REPORT
DATE OF REPORT , 20
Name of Candidate or Committee
Address of Candidate or Committee
Office Report From: To:
sought Period (Beginning (End of
of Period) Period)
Listed below are the contributions received and the
expenditures made which are required by law to be
reported.
Carryover from Previous $
Campaign or Cumu-lative
Period
CONTRIBUTIONS
Grand Total of Contri- $
butions From
Previous Report
Date Name Nature Amount Total of
Accepted and of Con- contribu- contribu
Address tribution tions by tors of
Cash, contributed more
Check or during than
In Kind calendar $200
(Describe) year
$ $
$ $
$ $
$ $
$ $
Total of other contributions
$200.00 or less this
reporting period (not $
itemized)
Total contributions $
this reporting period
Grand Total-All contributions
for campaign or $
cumulative period
EXPENDITURES
Amount
Previous Grand Total of
Expenditures from
Last Report $
Personal Services
Printing
Radio and Television
Billboards
Advertising - general
Contributions to Other
Campaigns
All committees, except for candidate committees,
must identify recipients of contributions to other
campaigns following verification of acceptance of
amounts aggregating in excess of $200.00 by name,
address, amount of contribution and total amount of
contributions during the campaign or calendar year:
19 POLITICAL SUBDIVISIONS ETHICS ACT 51 § 314
O.S. 2011
Name and Address Amount Total amount
contributed
during
campaign or
calendar year
$ $
Total $
Miscellaneous $
Total expenditures
this reporting period $
Grand Total - All
expenditures for
campaign or $
cumulative period
BALLOT INFORMATION: candidates or candidate
committees, please indicate whether the candidate's
name appeared on the ballots for the following
elections.
PRIMARY RUNOFF GENERAL
PRIMARY
[ ] Yes [ ] Yes [ ] Yes
[ ] No [ ] No [ ] No
To the best of my knowledge and belief, the above is a
true and correct compilation.
Candidate's, Chairperson's, or Designated Agent's
Signature
Subscribed and sworn to before me this
day of , 20 .
My commission expires
Notary Public
D. A statement of inactivity must include:
1. The candidate or candidate committee, political
party or organization's name and address; and
2. A statement by the designated agent verifying
that a contribution was not received and an expenditure
was not made during the reporting period.
Interest earned shall not be considered to be a
contribution, and a filing fee paid by the candidate shall
not be considered to be an expenditure.
E. Dissolution Procedures
1. A candidate may not file a "final" report or a
candidate committee may not dissolve until:
a. after a Primary Election or a Run-off Primary
Election in which the candidate is elected or
defeated,
b. after the General Election in which the
candidate's name appears on the ballot,
c. after the last day for filing a declaration of
candidacy for a candidate who is unopposed in
the Primary, Run-off Primary and General
Election,
d. after a candidate's name has been stricken
from the ballot pursuant to Section 5-127 of
Title 26 of the Oklahoma Statutes, or
e. after withdrawal of the candidate's candidacy
pursuant to Sections 5-115 or 5-116 of Title 26
of the Oklahoma Statutes.
2. A political party committee may dissolve only
after the political party itself dissolves.
3. A political action committee or an organization
may dissolve only after it determines that it will not
accept contributions or make expenditures.
4. A final campaign contributions and
expenditures report may be filed at the time or before a
scheduled filing is due. The form must:
a. be marked "final"; and
b. include a list of the material assets worth Fifty
Dollars ($50.00) or more, and detail their
disposition.
5. If a committee owes or is owed money, the
committee may dissolve, but must report the status of
the debts on the same dates as campaign contributions
and expenditures reports would be due until all debts
are resolved. Methods of resolution must also be
detailed.
6. Unused contributions and campaign assets
must be disposed of by candidates or candidate
committees according to Section 316 of this title.
F. All candidates allowed to receive the
maximum contribution of Five Thousand Dollars
($5,000.00), pursuant to paragraph 2 of subsection
51 § 314 POLITICAL SUBDIVISIONS ETHICS ACT 20
O.S. 2011
A of Section 187.1 of Title 21 of the Oklahoma
Statutes shall file a campaign contributions and
expenditures report electronically with the Ethics
Commission. The campaign contributions and
expenditures report shall include the same
information required by Ethics Commission Rule
257:10-1-14(a).*
*Amended Laws 2011; HB 1776, effective November 1, 2011.
§ 315. Time for filing reports of contributions
and expenditures
A. The reports of contributions and expenditures
or statements of inactivity shall be filed with the Ethics
Commission for candidates or candidate committees for
county office and committees supporting or opposing
county candidates and organizations, or with the clerk
of the appropriate political subdivision for municipal or
school board candidates, candidate committees, and
committees supporting or opposing municipal or school
board candidates, as follows:
1. The reports of a candidate or committee as
herein defined shall be filed on or before the tenth day
preceding the date of the Primary Election and shall
include all contributions accepted and all expenditures
made from the date on which the earliest contribution
was received or expenditure was made, whichever was
earlier, through a period of time ending fifteen (15) days
preceding the date of the Primary Election;
2. A further report of a candidate or committee, as
herein defined, shall be filed on or before the tenth day
preceding the date of the Runoff Primary Election and
shall include all contributions accepted and all
expenditures made from the close of the reporting
period required by paragraph 1 of this section through
the fifteenth day preceding the date of the Runoff
Primary Election;
3. A further report of a candidate or committee, as
herein defined, shall be filed on or before the tenth day
preceding the date of the General Election and shall
include all contributions accepted and all expenditures
made from the close of the reporting period required by
paragraph 2 of this section through the fifteenth day
preceding the date of the General Election;
4. A further report of a candidate or committee, as
herein defined, shall be filed on or before the fortieth
day after the date of the General Election, and shall
include all contributions accepted and all expenditures
made from the close of the reporting period required by
paragraph 3 of this section through the thirtieth day after
the date of the General Election; and
5. If any contributions are accepted or any
expenditures made within six (6) months after close of
the reporting period required by paragraph 4 of this
section, the candidate or committee, as herein defined,
shall file a supplemental report within six (6) months
and ten (10) days after the date of the General Election,
together with the names of the contributors and the
purpose for which the expenditures were made. Such
report shall include all contributions accepted and
expenditures made from the close of the reporting
period required by paragraph 4 of this section, through
six (6) months after the date of the General Election.
Provided further, that if any contributions are accepted
or expenditures are made in connection with such
campaign after said six-month period same shall also
be fully reported not later than January 15 of each year
thereafter. Such reports shall include all contributions
accepted and expenditures made from the close of the
reporting period of the report most recently filed through
December 31 of the previous year.
B. The reports of contributions and expenditures
or statements of inactivity of committees accepting
contributions or making expenditures for or against a
proposition or measure submitted to voters at a county
election or a municipal election other than one involving
utility franchises shall be filed with the appropriate
administering entity as provided by Section 17 of this
act as follows:
1. A report shall be filed on or before the tenth day
preceding the date of the election and shall include all
contributions accepted and all expenditures made from
the date on which the earliest contribution was accepted
or expenditure was made, whichever was earlier,
through a period of time ending fifteen (15) days
preceding the date of the election;
2. A final report shall be filed on or before the
fortieth day after the date of election wherein the
proposition or measure was voted upon, and shall
include all contributions accepted and all expenditures
made from the close of the reporting period required by
paragraph 1 of this subsection through the thirtieth day
after the date of the election; and
3. If any contributions are accepted or any
expenditures are made within six (6) months after the
date of the election wherein the proposition or measure
was voted upon, the committee shall file a supplemental
report within six (6) months and ten (10) days after the
election at which the proposition or measure was voted
upon, together with the names of the contributors and
the purpose for which the expenditures were made.
Such report shall include all contributions accepted and
expenditures made from the date of the election
21 POLITICAL SUBDIVISIONS ETHICS ACT 51 § 318
O.S. 2011
wherein the proposition or measure was voted upon
through six (6) months after the date of the election
wherein the proposition or measure was voted upon.
Provided, further, that if any contributions are accepted
or expenditures are made in connection with such
campaign after said six-month period, same shall also
be fully reported not later than January 15 of each year
thereafter. Such reports shall include all contributions
accepted and expenditures made from the close of the
reporting period of the report most recently filed through
December 31 of the previous year.
C. Reports may be filed by mail or delivered to the
Commission or the clerk of the appropriate political
subdivision but the same must be received by the
Commission or the clerk of the appropriate political
subdivision not later than 4:30 p.m. of the day specified
for filing in order to be deemed timely filed.
§ 316. Use of campaign contributions–Unused
contributions–Notification and declaration of
candidacy
A. Contributions accepted by any candidate or
candidate committee shall be used to defray any
campaign expenditures or any ordinary and necessary
expenses incurred by the person in connection with
duties as a holder of the public office including, but not
limited to, expenses for use in a future election
campaign, for political activity, for community activity or
for nonreimbursed public office related expenses. Said
contributions shall not be used for any other purposes.
Contributions and any interest income earned on said
contributions which are not used in this manner within
forty-eight (48) months of the date of the General
Election which is intended to result in the final election
of a single individual to the office at stake shall be
disposed of as follows:
1. Returned to the contributors pursuant to any
formula approved by the candidate; provided, any
amount returned to a contributor shall not exceed the
amount of the original contribution;
2. Donated to the campaign of any other political
candidate or to any political party officially recognized
by the State Election Board;
3. Donated to a charitable organization qualified
for a tax exemption pursuant to the provisions of the
Internal Revenue Code; or
4. Retained by the candidate or candidate
committee for use in a future election.
B. Any person who receives contributions for a
campaign but does not file a notification and declaration
of candidacy for public office with the secretary of any
county election board, or any person who has
withdrawn such notification and declaration of
candidacy, shall be governed by the provisions of this
section.
§ 317. Penalties
A. Every person who knowingly and willfully
violates any of the provisions of Sections 24 through
30* of this act shall, upon conviction, be guilty of a
misdemeanor and shall be punished by the imposition
of a fine of not more than One Thousand Dollars
($1,000.00) or by confinement in the county jail for not
more than six (6) months, or by both such fine and
imprisonment. Such violations shall be prosecuted in
the county in which said reports are required to be filed.
B. Every candidate or candidate committee for
county office and every other committee failing to file
registrations, designations of agents, and reports of
contributions and expenditures or statements of
inactivity on or before the days specified in Sections 25,
27 and 29* of this act shall be assessed by the Ethics
Commission a late filing fee of up to One Hundred
Dollars ($100.00) for each day after a report of
contributions and expenditures is due that said report
remains unfiled; provided, the total amount of such fees
assessed per report shall not exceed One Thousand
Dollars ($1,000.00). The agent, except for agents for
candidates or candidate committees, may be liable for
the late fee. Failure to file a report shall be deemed to
be a separate offense for each day that the report
remains unfiled after it becomes due. Fees collected
pursuant to the provisions of this subsection shall be
deposited with the State Treasurer to the credit of the
General Revenue Fund. Candidates or candidate
committees shall not pay such fees from campaign
funds.
*Sections 310 through 316 of Title 51 of the Oklahoma
Statutes.
*Sections 311, 313 and 315 of Title 51 of the Oklahoma
Statutes.
§ 318. Legislative Intent
The Legislature hereby declares those persons
elected and employed to administer the government on
behalf of the people of the State of Oklahoma have a
responsibility to make certain financial disclosures to
demonstrate that fair and equitable treatment is given
all governmental decisions.
51 § 319 POLITICAL SUBDIVISIONS ETHICS ACT 22
O.S. 2011
§ 319. Persons required to file financial
disclosure statement
A. Any person elected to an office for which a
declaration of candidacy is required to be filed with the
county election board as provided in Section 5-103 of
Title 26 of the Oklahoma Statutes, except any person
required to file financial disclosure pursuant to the
provisions of any federal law, shall file a Financial
Disclosure Statement with the Ethics Commission on or
before the fortieth day after each General Election.
B. Any candidate for an office for which a
declaration of candidacy is required to be filed with the
county election board as provided in Section 5-103 of
Title 26 of the Oklahoma Statutes shall file a Financial
Disclosure Statement with the Commission on or before
the tenth day following the last day for filing the
declaration of candidacy for the office.
C. A member of a board or commission as created
by the Oklahoma Constitution or by statute except
members of advisory committees to the legislative,
executive, or judicial branches of state government,
Foster Care Review Board members appointed
pursuant to Section 1116.2 of Title 10 of the Oklahoma
Statutes, and board members of guaranty associations
created pursuant to state statute, shall file a Financial
Disclosure Statement with the Commission upon initial
appointment and not later than April 30 of each even-numbered
year thereafter. The provisions of this
subsection shall not be construed to require precinct
inspectors, judges, clerks and counters to file Financial
Disclosure Statements.
D. No individual shall be required to file more than
one Financial Disclosure Statement in any calendar
year.
E. Every person failing to file a Financial
Disclosure Statement on or before the dates specified
in this section shall be assessed by the Commission a
late filing fee of up to One Hundred Dollars ($100.00) for
each day the statement remains unfiled; provided, the
total amount of such fees assessed per report shall not
exceed One Thousand Dollars ($1,000.00). Failure to
file a Financial Disclosure Statement shall be deemed
to be a separate offense for each day that the
Statement remains unfiled after it becomes due. Fees
collected pursuant to the provisions of this subsection
shall be deposited with the State Treasurer to the credit
of the General Revenue Fund. Such fees shall not be
paid from campaign funds.
F. Every board and commission created by the
Oklahoma Constitution or by state statute, except those
exempted in subsection E of this section, shall
designate an employee or member who shall be
responsible for filing a list of employees and/or
members of governing boards or commissions required
under this section to file Financial Disclosure
Statements on or before January 1 of each year.
Names of individuals no longer required to file shall also
be reported along with the effective date of the
termination of their services.
§ 320. Extension of filing time–Oath–
Retention of financial disclosure statements
A. Except for those persons required to file a
Financial Disclosure Statement pursuant to the
provisions of subsection B of Section 33* of this act, any
person who is required to file a Financial Disclosure
Statement may effect one thirty-day extension of the
time for filing such a statement by filing with the Ethics
Commission, not more than ten (10) days before or ten
(10) days after the date the Financial Disclosure
Statement is due, a declaration of intention to defer the
filing of his Financial Disclosure Statement.
B. All Financial Disclosure Statements required to
be filed pursuant to the provisions of this act shall be
certified.
C. The Commission shall retain the Financial
Disclosure Statements according to the provisions of
the Records Management Act, Section 201 et seq. of
Title 67 of the Oklahoma Statutes; provided, all
statements shall be retained by the Commission for at
least two (2) years.
*Section 319 of Title 51 of the Oklahoma Statutes.
§ 321. Information required in financial
disclosure statement–Form
A. The Financial Disclosure Statement shall
contain the following information for the preceding two
(2) calendar years or for the period since the most
recent Financial Disclosure Statement was filed:
1. Name or title of the office;
2. Name of the person filing the Financial
Disclosure Statement;
3. Business address of the person;
4. Residential address of the person;
23 POLITICAL SUBDIVISIONS ETHICS ACT 51 § 321
O.S. 2011
5. Occupation or business of the person prior to the
election or employment for which the Financial
Disclosure Statement is being filed;
6. Prior positions held as a public official,
regardless of whether a salary or reimbursement was
received for such service;
7. Names, business addresses, residential
addresses and occupations of the spouse of the person
and all living adult children if such spouse or children
are doing business with the county;
8. A list of categories or industries from which
income is received without reference to amounts or
frequency of receipt of income. Provided, categories or
industries from which less than One Thousand Dollars
($1,000.00) annually is received may be omitted. Such
persons shall list special areas of practice in general
subjective terms;
9. A list of categories or industries in which the
person has had stock during the period for which the
information on the Financial Disclosure Statement is
required. Provided, categories or industries in which the
person has stock valued at less than One Thousand
Dollars ($1,000.00) at the time of filing the Financial
Disclosure Statement may be omitted;
10. The name of any entity from which an
honorarium or honoraria, valued at more than Two
Hundred Dollars ($200.00) over and above actual
expenses paid to the person, was received and the
value of any such honorarium; and
11. The name of any registered lobbyist with whom
the person has engaged in business from which income
of over One Thousand Dollars ($1,000.00) was
received.
B. The form for the Financial Disclosure Statement
shall be as follows:
FINANCIAL DISCLOSURE STATEMENT
NAME: (Last, First, Middle) Birth Date
Business Address (Street or Box, City, State, Zip)
Residential Address (Street or Box, City, State, Zip)
CHECK YOUR FILING STATUS: (mark only one box)
( ) An elected official.
( ) A candidate running in an election:
month year
( ) A member of a board or commission.
Position you hold or have been appointed to: (fill in all
applicable blanks)
Position Title:
County or agency of the office:
Position number:
Term begins: ends:
Appointment date:
Employment date:
1. OCCUPATION OR BUSINESS: (current or prior to
this election or appointment)
2. PRIOR POSITIONS HELD AS A PUBLIC OFFICIAL:
(List most recent positions first)
3. SPOUSE and ADULT CHILDREN: Give the
following information for your spouse and all living adult
children (over 18 years of age) if your spouse or
children are doing business with the county.
NAME RESIDENTIAL ADDRESS
BUSINESS ADDRESS OCCUPATION
Check here ( ) if continued on attached sheet
4. INCOME: List categories or industries from which
you receive $1,000 or more annually:
Check here ( ) if continued on attached sheet
5. STOCK: List categories or industries in which you
have owned stock which is valued at $1,000 or more
during the period for which this Financial Disclosure
Statement is required:
CATEGORY OR INDUSTRY
CATEGORY OR INDUSTRY
CATEGORY OR INDUSTRY
Check here ( ) if continued on attached sheet
51 § 321 POLITICAL SUBDIVISIONS ETHICS ACT 24
O.S. 2011
6. HONORARIA: List names of any entities from which
you received an honorarium or honoraria valued at
more than $200 over and above actual expenses and
list the value of such honorarium or honoraria:
DATE
ENTITY
VALUE
Check here ( ) if continued on attached sheet
7. LOBBYISTS: List any registered lobbyists with whom
you have engaged in business from which income of
over $1,000 was received:
LOBBYIST'S NAME:
LOBBYIST'S NAME:
Check here ( ) if continued on attached sheet
Report additional information on plain 8 ½ x 11 paper
using format of each question. Attach pages to this
report. Put your name and the date on all attachments.
To the best of my knowledge and belief, the above is a
true and correct compilation:
SIGNATURE: (Person Filing Statement) Date
§ 322. Failure to file financial disclosure
statement–Penalties
A. Any person who fails to file a Financial
Disclosure Statement required in the Political
Subdivisions Ethics Act, who knowingly gives false
information in the Financial Disclosure Statement or
who knowingly omits required information from the
Financial Disclosure Statement shall be guilty of a
misdemeanor. Each violation shall be a separate
offense.
B. In addition to any penalty imposed pursuant to
the provisions of subsection A of this section, the
person shall not be permitted to perform the duties
conferred upon him by law until the statement is
properly filed.
§ 323. Certain persons prohibited from having
ownership interest in certain governmental
securities
No person who is a public official, director, officer or
trustee of a governmental entity shall own any direct or
indirect interest in any bond, obligation or security
issued by or in the name of such governmental entity.
§ 324. Representation by county officers and
county employees
A. No county officer or county employee shall:
1. Represent another person as an attorney in any
matter before the Commission; or
2. Represent another person before the
governmental entity the officer or employee serves.
B. The restrictions in subsection A shall not apply
to:
1. Purely ministerial matters which do not require
discretion on the part of the entity;
2. Representation by the officer or employee in
the course of the officer's or employee's official duties;
3. Representation of the officer or employee in the
officer's or employee's personal capacity; or
.
4. Representation of the officer or employee in
matters arising out of or rules promulgated pursuant to
the Oklahoma Personnel Act.
C. A county officer or county employee shall
promptly disqualify himself or herself prior to
recommending or taking any official action in a matter
affecting a person with whom the officer or employee is
negotiating for employment.
D. The restrictions set forth in this section do not
apply if the officer or employee is testifying under oath
to facts that are within the individual's knowledge, or as
an expert witness who does not accept compensation
other than regularly provided for by law or rule for
subpoenaed witnesses.
§ 325. Exemptions from compliance with act
A. Notwithstanding any other provision of the
Political Subdivisions Ethics Act, no candidate or
committee shall be required to file any reports,
statements, registrations or other documents pursuant
25 POLITICAL SUBDIVISIONS ETHICS ACT 51 § 325
O.S. 2011
to the Political Subdivisions Ethics Act until such time as
the candidate or committee accepts contributions or
makes expenditures exceeding Five Hundred Dollars
($500.00) in the aggregate during a campaign, for
candidates or candidate committees, or during a
calendar year, for other committees.
B. The provisions of the Political Subdivisions
Ethics Act shall not apply to:
1. State officers or employees or state candidates,
campaigns or committees; or
2. Public officers, public employees, candidates,
campaigns or committees subject to the rules of the
Ethics Commission.
ETHICS COMMISSION
2300 North Lincoln Blvd, Rm B-5
Oklahoma City, OK 73105-4812
(405) 521-3451 ! FAX (405) 521-4905
E-mail: Marilyn.Hughes@ethics.ok.gov – Director/Electronic Filing/Website/Lobbyists
Rebecca.Adams@ethics.ok.gov – General Counsel
Darey.Roberts@ethics.ok.gov – Complaints/Audits
Patti.Bryant@ethics.ok.gov – Campaign Reporting/Assessments
Suzi.Bryan@ethics.ok.gov – Electronic Campaign and Lobbyist Filing
Janice.Gafford@ethics.ok.gov – Financial Disclosure/Electronic Filing
Website: www.ethics.ok.gov