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Restrictions on Private Funding of Elections

August 2023 15 min read
Election Data & Research
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Updated December 12, 2023

 

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In 2020, state and local election officials were tasked with administering a federal election in the face of a global pandemic and record voter turnout. Typically, U.S. elections are funded through state and local budgets, with additional appropriations occasionally provided by the federal government. However, as election administration is chronically underfunded, the unprecedented circumstances of the pandemic required a significant investment of capital. To address this extraordinary need, several nonpartisan nonprofit organizations made funding available through private philanthropy for state and local election offices.

Since the 2020 election, at least 27 states have enacted prohibitions or restrictions limiting certain agencies, officials, or government entities from receiving or spending private funding for the purpose of conducting elections. Each state has enacted such restrictions through statute except for Louisiana, where voters approved a new amendment to the state constitution. At least three other states—Illinois, Minnesota, and New Jersey—currently have pending legislation that would establish private funding restrictions through statute. Additionally, Wisconsin’s legislature passed a joint resolution proposing an amendment to the state constitution to restrict private funding for elections. The amendment will be submitted to voters for approval at the statewide election on April 2, 2024.

 

Alabama

  • Code of Ala. § 17-9-52 (2022)
  • Applicability: State and local election officials and employees responsible for conducting elections
  • Summary
    • Prohibits covered officials from soliciting, accepting, or using donations in the form of money, grants, property, or personal services from any individual or a nongovernmental entity to fund voter education, outreach, or registration, or “election-related expenses.
    • Generally, these expenses include (1) payments or salaries for election officials or poll workers; (2) equipment, ballots, printing, mailing, or transportation; (3) signage or media production; or (4) training events for election officials or poll workers.
  • Exceptions
    • Donations of space to be used temporarily as a polling place
    • If a state public health emergency is proclaimed, the Governor may accept and distribute donated items for the protection of voters or election officials, subject to certain conditions
  • Penalty: Class B misdemeanor

Alaska

  • No restriction

Arizona

  • A.R.S. § 16-407.01 (2021)
  • Applicability: The state and cities, towns, counties, school districts, and other public bodies that conduct or administer elections
  • Summary
    • Prohibits covered entities from receiving or spending private money to administer or conduct elections, including registering voters.
  • Exceptions
    • None specified
  • Penalty: Not addressed in statute restricting private funding

Arkansas

  • A.C.A. §§ 7-5-104 and 7-7-201 (2021; amended 2023)
  • Applicability: State Board of Election Commissioners, state officials and employees, and county officials and employees
  • Summary
    • Requires that all expenses related to elections be paid for using funds provided by the state, its local governments, or the U.S. government.
    • Prohibits covered agencies from accepting funding, grants, gifts, services, or anything of value from any source other than the state, one of its municipalities or counties, or the U.S. government for the purposes of paying election-related expenses.
  • Exceptions
    • Campaign contributions lawfully received and expended by a candidate
  • Penalty: Not addressed in statute restricting private funding

California

  • No restriction

Colorado

  • No restriction

Connecticut

  • No restriction

Delaware

  • No restriction

Florida

  • Fla. Stat. § 97.0291 (2021; amended 2022)
  • Applicability: Agencies and state and local officials responsible for conducting elections
  • Summary
    • Prohibits covered agencies and officials from soliciting, accepting, or using money, grants, property, or personal services from an individual or nongovernmental entity for election administration purposes, including voter education, outreach, or registration, or for the cost of election administration-related litigation.
  • Exceptions
    • Donations of space to be used as a polling place or early voting location
  • Penalty: Not addressed in statute restricting private funding

Georgia

  • O.C.G.A. §§ 21-2-18, 21-2-71, and 21-2-212 (2021; amended 2023)
  • Applicability: State Election Board, boards of registrars, county and municipal governments, employees, and officials
  • Summary
    • Prohibits covered entities and officials from soliciting or accepting contributions, donations, services, or anything else of value from an individual, business, or other nongovernmental third-party entity to conduct elections.
    • Requires that all costs and expenses related to conducting elections, primaries, and runoffs be paid for using lawfully appropriated public funds.
  • Exceptions
    • Locations to be used for voting purposes
    • Services provided by individuals without renumeration
    • Goods with a nominal value of less than $100
  • Penalty: Felony punishable by at least one year in prison and a fine of at least $10,000

Hawaii

  • No restriction

Idaho

  • Idaho Code § 34-218 (2021; amended 2023)
  • Applicability: State officials and employees, county clerks, local elections offices, and other local governing bodies that administer or conduct elections
  • Summary
    • Requires that all expenses related to elections be paid for using funds provided by the state, its local governments, or the U.S. government.
    • Prohibits covered agencies and officials from accepting or spending money in any amount, or goods with a value of more than $100, from a private individual, business, organization, political party, or other private entity.
  • Exceptions
    • Collection of fees authorized by law
    • Donations of space or facilities to be used for holding elections
  • Penalty: Not addressed in statute restricting private funding

Illinois

  • Pending Legislation: S.B. 2249
  • Bill Status: Introduced (2/10/23)
  • Applicability: Election authorities
  • Summary
    • Prohibits covered agencies from applying for or requesting any private, nongovernmental funding from any source.
    • Provides that the State Board of Elections is responsible for the regulation and oversight of all private, nongovernmental funds from an organization or individual that are given or distributed to an election authority for the election authority to use.
    • Establishes the Election Authority Support Fund and authorizes the State Board of Elections to seek and apply for private, nongovernmental grants and donations to deposit into the fund. The fund may be used to reimburse election authorities for official day-to-day operations and administering elections. Funds disbursed in this manner must be directly proportional to the total population residing within the election authority’s jurisdiction.
  • Exceptions
    • Any private, nongovernmental funds granted or given to an election authority or the Board prior to January 1, 2024
  • Penalty: Not addressed in bill

Indiana

  • Burns Ind. Code Ann. § 3-5-3-1 (2021; amended 2022)
  • Applicability: Political subdivisions that conduct or administer elections
  • Summary
    • Prohibits covered entities from accepting private money donations or receiving or spending funds from a person for the purposes of preparing for, administering, or conducting elections, including voter registration, or employing individuals on a temporary basis for these purposes.
    • Specifies that political subdivisions are not prohibited from receiving or spending funds from the state or U.S. government.
  • Exceptions
    • None specified
  • Penalty: Not addressed in statute restricting private funding

Iowa

  • Iowa Code § 49.17 (2022)
  • Applicability: State commissioner, county commissioners, and political subdivisions
  • Summary
    • Limits covered entities and officials to accepting only public money from the state, its political subdivisions, or the U.S. government for the purposes of conducting elections.
    • Prohibits covered entities and officials from accepting or spending grants, gifts, or funds from any other source, including a private person, corporation, political party, political or candidate committee, political organization, or other organization.
  • Exceptions
    • Collection of fees authorized by law
    • Contribution of a building to be used as a polling place
  • Penalty: Not addressed in statute restricting private funding

Kansas

  • K.S.A. § 25-2436 (2021)
  • Applicability: Chief state election official, county election officials, and their officers and employees
  • Summary
    • Prohibits covered officials from knowingly accepting or spending money, directly or indirectly, from any individual, business, organization, political party, political committee, or other private entity to conduct, fund, or otherwise facilitate election administration.
  • Exceptions
    • Collection of fees authorized by law
    • Campaign contributions for county clerk candidates
  • Penalty: Severity level 9, nonperson felony

Kentucky

  • KRS §§ 45A.657, 65.014, 116.045, 117.015, and 117.995 (2022)
  • Applicability: State Board of Elections and employees of governmental bodies; county clerks; county, city, and other local governmental bodies and their employees
  • Summary
    • Requires that all expenses related to election administration be paid for using public funds.
    • Prohibits covered agencies and officials from soliciting or accepting private contributions, donations, or anything of value to assist with election administration.
  • Exceptions
    • Lawful contract for goods and services
    • Food or non-alcoholic beverages
  • Penalty: Class D felony for a first offense, a class C felony for a second or subsequent offense

Louisiana

  • La. Const. Art. XI, § 6 (2023)
  • Applicability: Not specified
  • Summary
    • Prohibits the use of any funds, gifts, and services donated by foreign governments or nongovernmental sources to conduct an election unless provided for in the election code, subject to general law restrictions.
  • Exceptions
    • None specified
  • Penalty: Not addressed in constitutional amendment restricting private funding

Maine

  • No restriction

Maryland

  • No restriction

Massachusetts

  • No restriction

Michigan

  • No restriction

Minnesota

  • Pending Legislation: S.F. 338, S.F. 2092, and H.F. 1642
  • Bill Status
    • S.F. 338 (Introduced 1/17/23)
    • S.F. 2092 (Introduced 2/27/23)
    • H.F. 1642 (Introduced 2/13/23)
  • Applicability: Counties, municipalities, and school districts
  • Summary
    • Prohibits covered entities from accepting any type of contribution from a for-profit business or nonprofit organization to pay expenses associated with conducting elections.
  • Exceptions
    • Spaces to be used as polling places (S.B. 2092 only, otherwise none specified)
  • Penalty: Not addressed in bills

Mississippi

  • Miss. Code Ann. § 23-15-273 (2022)
  • Applicability: Agencies and state and local officials responsible for conducting elections
  • Summary
    • Prohibits covered agencies and officials from soliciting, accepting, using, or disposing of donations in the form of money, grants, property, or personal services from an individual or a nongovernmental entity to fund election-related expenses or voter education, outreach, or registration.
  • Exceptions
    • Donations of space to be used as a polling place
    • Individuals volunteering time to assist with voter education, outreach, or registration programs, or other election-related programs
  • Penalty: Not addressed in statute restricting private funding

Missouri

  • § 115.022 R.S.Mo. (2022)
  • Applicability: The state and political subdivisions that conduct elections
  • Summary
    • Prohibits covered entities from receiving or spending private money to prepare for, administer, or conduct elections, including registering voters.
    • Prohibits covered entities from receiving in-kind donations from candidates, candidate committees, campaign committees, or continuing committees.
    • Authorizes the secretary of state to accept a limited amount of private donations and redistribute those funds to counties based on the number of registered voters in each county in any even-numbered year in which the amount of appropriated state funds is less than those appropriated in the previous even-numbered year.
  • Exceptions
    • In-kind donations for personal protective equipment
    • Location to be used for conducting elections
    • Water or food
  • Penalty: Not addressed in statute restricting private funding

Montana

  • MCA § 13-35-2__
  • Applicability: The state, secretary of state, counties, municipalities, and officers and employees of those entities
  • Summary
    • Prohibits covered entities and officials from accepting or using money, grants, property, or personal services from an individual or a for- or nonprofit corporation to fund elections.
    • Requires that all costs and expenses related to conducting elections be paid for with public funds.
  • Exceptions
    • Spaces to be used for voting purposes provided at cost
    • Services provided at no cost
    • Goods with a nominal value of less than $100
  • Penalty: Felony punishable by at least one year and up to 10 years in prison, by a fine of up to $50,000, or both

Nebraska

  • R.R.S. Neb. § 32-1201.01 (2022)
  • Applicability: Secretary of state, election commissioners, and county clerks
  • Summary
    • Prohibits covered officials from accepting or using gifts, grants, or donations from a private entity to prepare for, conduct, or administer elections, unless the money received is appropriated to the secretary of state for such use by the legislature.
  • Exceptions
    • Use of a public or private space, either without charge or at a reduced fee, for the purposes of conducting elections
    • In-kind contributions of food or beverages for election workers
  • Penalty: Not addressed in statute restricting private funding

Nevada

  • No restriction

New Hampshire

  • No restriction

New Jersey

  • Pending Legislation: A.B. 5385
  • Bill Status: Introduced 5/8/23
  • Applicability: The State, a county, municipality, school district, fire district, and any other government entity, and their employees
  • Summary
    • Prohibits covered entities and officials from accepting or using funds from any private individual, business, non-governmental organization, political party, or other private entity in preparing, administering, or conducting elections, including registering voters.
  • Exceptions
    • None specified
  • Penalty: Third degree crime

New Mexico

  • No restriction

New York

  • No restriction

North Carolina

  • S.B. 747 (2023) amending N.C. Gen. Stat. §§ 163-22, 163-33, and 163-37 (Effective January 1, 2024)
  • Applicability: State Board of Elections, county boards of elections, and county boards of commissioners
  • Summary
    • Prohibits covered agencies from accepting private monetary donations or in-kind contributions, directly or indirectly, to conduct elections or employ individuals on a temporary basis.
  • Exceptions
    • Space to be used as a voting site (county boards of elections and commissioners)
    • Food or beverages for precinct officials and other workers at the voting place or county board of elections office (county boards of elections)
    • Ink pens and personal protection equipment (county boards of elections)
  • Penalty: Not addressed in statute restricting private funding

North Dakota

  • N.D. Cent. Code, § 16.1-01-15.1 (2021)
  • Applicability: The state and political subdivisions
  • Summary
    • Prohibits covered entities from soliciting, accepting, or using private grants or donations for election operations or administration.
  • Exceptions
    • Private facility to be used as a polling place
    • Food for poll workers
    • Nonmonetary donations not used to prepare, process, mark, collect, or tabulate ballots or votes
  • Penalty: Class A misdemeanor

Ohio

  • ORC Ann. 3501.054 (2021)
  • Applicability: Elected and appointed officers, employees, and agents of the state and political subdivisions, boards, commissions, bureaus, and other public bodies that administer or conduct elections
  • Summary
    • Prohibits covered officials from collaborating with or accepting or spending money from a nongovernmental person or entity for any election-related purpose, including voter education, registration, or identification, or election official recruitment or training.
  • Exceptions
    • Collection of fees authorized by law
    • Space to be used to conduct election
    • Food for precinct election officials at a polling place on election day
  • Penalty: Not addressed in statute restricting private funding; The state attorney general issued an opinion in January 2022 holding that an existing statute (ORC Ann. 3599.32) provides the penalty for violations of the state’s private donation ban. Under that statute, violators are guilty of a first-degree misdemeanor.

Oklahoma

  • 26 Okl. St. § 7-139 (2022; amended 2023)
  • Applicability: Government officials and election officials
  • Summary
    • Requires that all costs and expenses related to election administration be paid for using public funds lawfully appropriated by Congress, the legislature, or other governmental entity, or funds from another authorized entity.
    • Prohibits covered officials from soliciting or accepting contributions, donations, or anything else of value from an individual, business, organization, committee, association, or other nongovernmental third-party entity to conduct or administer elections.
    • Prohibits individuals, proprietorships, and organizations from offering or providing a contribution, donation, or anything else of value for to conduct or administer elections.
  • Exceptions
    • Spaces to be used as polling places or in-person absentee voting sites at no charge or at a below-market cost
    • Volunteer precinct officials, absentee voting board members, or election workers
    • Volunteers who assist the county election board or State Election Board during candidate filing, on election day, during in-person absentee voting, or at other times
    • Food or beverage items of nominal value provided to precinct officials, absentee voting board members, or election officials
    • Items of nominal value, including pens, sanitizer, and cleaning supplies
    • Airing or publication of public service announcements or press releases issued by the State Election Board or a county election board
  • Penalty: A first violation is a misdemeanor, punishable by a fine of up to $5,000; a second violation is a misdemeanor, punishable by a fine of up to $10,000; a third or subsequent violation is a felony, punishable by a fine of up to $50,000, at least two years and up to five years in prison, or both.

Oregon

  • No restriction

Pennsylvania

  • 25 P.S. §§ 2607 and 3556 (2022)
  • Applicability: State and local governments, including their public officers, public officials, employees, and agents acting in their official capacity
  • Summary
    • Requires that all costs and expenses related to voter registration and election administration be paid for using public funds from the state, its local governments, or the U.S. government.
    • Prohibits covered entities and officials from soliciting, receiving, or spending gifts, donations, grants, or funds from an individual, business, or other nongovernmental entity to prepare for, administer, or conduct elections, or to register voters.
  • Exceptions
    • Collection of fees authorized by law
    • Location to be used for voting purposes
    • Services provided without remuneration
    • Goods with a nominal value of less than $100
  • Penalty: Second degree misdemeanor, punishable by a fine of up to $5,000, up to two years in prison, or both

Rhode Island

  • No restriction

South Carolina

  • S.C. Code Ann. § 7-5-50 (2022)
  • Applicability: State Election Commission and county boards of voter registration and elections
  • Summary
    • Prohibits covered agencies from receiving or spending gifts, donations, or funds from a private individual, business, or third party not provided through ordinary state or county appropriations.
  • Exceptions
    • None specified
  • Penalty: Not addressed in statute restricting private funding

South Dakota

  • S.D. Codified Laws § 12-1-11 (2022)
  • Applicability: The state and political subdivisions
  • Summary
    • Requires that all costs and expenses related to elections be paid for using public funds.
    • Prohibits covered entities from accepting gifts, grants, or funds for election costs from any source other than the state, the governing body of a political subdivision, or the U.S. government.
  • Exceptions
    • Gifts of a nominal and intrinsic value as defined in rules that the State Board of Elections must promulgate
  • Penalty: Not addressed in statute restricting private funding

Tennessee

  • T. C. A. §§ 2-11-114 and 2-12-118 (2021)
  • Applicability: State election commission, secretary of state, and coordinator of elections; county election commissions and administrators of elections
  • Summary
    • Requires covered agencies and officials to accept funding only from the state, one of its municipalities or counties, or appropriations of public funds from the U.S. government.
    • Prohibits covered agencies and officials from accepting or spending gifts, grants, or funds from private persons, corporations, organizations, or political parties to conduct elections, unless approved by the Senate speaker or House speaker.
  • Exceptions
    • Collection of fees authorized by law
    • Advertising of election information
    • Donation of a location to be used for voting purposes
    • Volunteer work by a state citizen
    • Pens, sanitizer, or nominal items
  • Penalty: Not addressed in statute restricting private funding

Texas

  • Tex. Elec. Code § 31.126 (Acts 2021, 87th Leg., ch. 1000 (H.B. 2283)); Tex. Gov’t Code § 405.005; Tex Local Gov’t Code § 81.032 (2021)
  • Applicability: Joint elections commissions, county election commissions, and county election boards; commissioners courts
  • Summary
    • Prohibits covered agencies and officials from accepting or using monetary contributions of $1,000 or more, including in-kind donations of the same value, from a private individual, business entity, or other third party for the purposes of election administration without the secretary of state’s written consent.
    • Authorizes the secretary of state to grant such consent if, upon consultation, the governor, lieutenant governor, and House speaker unanimously agree.
    • Requires local officials to obtain written consent from the relevant political subdivision before accepting a contribution of less than $1,000.
    • Authorizes the secretary of state to accept or solicit grants, gifts, or donations for use in election administration, so long as the secretary ensures that any received are distributed equitably throughout the state.
  • Exceptions
    • Food or beverage for election workers during elections
    • Use of a public or private space, either without charge or at a reduced fee, for the purposes of conducting elections
  • Penalty: Not addressed in statute restricting private funding

Utah

  • Utah Code Ann. § 20A-5-207 (2022)
  • Applicability: Election officers (i.e., lieutenant governor, county and municipal clerks, local district clerks and chief executive officers, and school district business administrators and superintendents)
  • Summary
    • Prohibits covered officials from soliciting, accepting, or using funds for elections that are donated by a person other than a government entity.
  • Exceptions
    • None specified
  • Penalty: Not addressed in statute restricting private funding

Vermont

  • No restriction

Virginia

  • Va. Code Ann. § 24.2-124.1 (2022)
  • Applicability: State Board and Department of Elections; local electoral boards and all offices of the general registrar
  • Summary
    • Prohibits covered agencies from soliciting, accepting, or using money, grants, property, or services from any private individual or nongovernmental entity for the purposes of funding voter education, outreach, or registration programs, or any other expense incurred in the conduct of elections.
  • Exceptions
    • Space to be used as polling places or voter satellite offices
    • Any federal government grant funded in whole or part by donations from private individuals or nongovernmental entities
  • Penalty: Not addressed in statute restricting private funding

Washington

  • No restriction

West Virginia

  • W. Va. Code § 3-1A-9 (2022)
  • Applicability: County commissions and their clerks, municipal governing bodies, and other public officials and bodies responsible for overseeing, administering, or regulating elections
  • Summary
    • Prohibits covered agencies and officials from directly receiving gifts, grants, contributions, or donations of money or anything of value from any private individual, business, or other third party for the purposes of election administration and related expenses.
    • Specifies that the secretary of state must accept, distribute, and use gifts, grants, contributions, or donations of tangible property or any non-monetary thing of value from private sources for the purposes of election administration and related expenses only with the approval of the State Election Commission.
    • Establishes the Nonpublic Funding for Election Administration Fund consisting of monetary gifts, grants, contributions, and donations from private sources for the purposes of election administration and related expenses. Requires the secretary of state to administer the fund with approval from the State Election Commission.
  • Exceptions
    • None specified
  • Penalty: Not addressed in statute restricting private funding

Wisconsin

  • Pending Constitutional Amendment: A.J.R. 77/S.J.R. 78
  • Amendment Status: Resolution adopted by legislature (11/9/23); Proposed amendment submitted to voters for approval at referendum on April 2, 2024
  • Applicability: State agencies, political subdivisions, and officers and employees of those agencies and subdivisions
  • Summary
    • Prohibits covered agencies, entities, and officials from applying for, accepting, spending, or using any money or equipment in connection with the conduct of an election if the money or equipment are donated or granted by an individual or nongovernmental entity.
  • Exceptions
    • None specified
  • Penalty: Not addressed in proposed amendment

Wyoming

  • No restriction
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