Bill > A192

Introduced Session

This bill prohibits the use of private funds and personnel in governmental offices and procedures regarding election administration and establishes crimes and penalties for violations. Under current law, election administration expenses are funded by counties, municipalities, school districts, and the State from their respective budgets and appropriations. This bill would make it unlawful for the State, a county, municipality, school district, fire district, or any other government entity or employee to accept or expend any funds from any person, corporation, non-governmental organization, business entity, political party, or any other private entity to be used in preparing, administering, or conducting elections, including registering voters. This provision would not be interpreted to prohibit the State or government entity or employee from receiving or expending any funds allocated to the government entity from the State or federal government. Any person who violates these provisions would be guilty of a crime of the third degree. Under current law, designated election officials, including members of the district boards of elections, county boards of elections, boards of county canvassers, board of state canvassers, and any other officer, official, employee, or judge in their respective capacities, are authorized to process and canvass ballots in an election. This bill would make it unlawful for any private person to self-appoint or be employed or appointed in a supervisory capacity to provide direction to any employee or have any role in determining the eligibility of any ballots to be counted or disqualified, unless such employment or appointment is authorized and governed by the provisions of Title 19 of the Revised Statutes. Any person who violates these provisions would be guilty of a crime of the third degree. This bill is based on legislation enacted in the 11 states of Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, North Dakota, Ohio, Tennessee and Texas, which limits or prohibits the use of private or philanthropic funding to governmental offices to administer elections. It is the sponsor's belief that the use of private funding for historically publicly-funded governmental election administration activities raises questions among the public about the integrity of governmental election procedures. Specifically, the use of private funding for these governmental purposes raises questions about the intent, expectations and actions of the private funder and any allied organizations or individuals distributing the funding, implementing the private funder's plans, or receiving payment from the private funds. The reported and apparently unprecedented injection of hundreds of millions of private dollars into governmental election agencies in 2020 by a billionaire chief executive officer of a social media company has raised such questions. Further related reports of private individuals giving directions to public employees, including deciding which ballots would be counted and which would not, contribute to such questions, as do reports of private funds being used by public agencies for activities resembling "get out the vote" efforts normally funded by partisan political candidates and parties.

AI Summary

Committee Categories

Dawn Fantasia (R)*,  Michael Inganamort (R)*, 

Introduced, Referred to Assembly State and Local Government Committee (on 01/09/2024)

Official Document