13-35-238. Donations -- prohibition -- penalty. (1) Except as provided in subsections (2) through (4), the state, the secretary of state, a county, a municipality, or the officers or employees of those entities may not accept, use, or dispose of a donation in the form of money, grants, property, or personal services from an individual or a corporation, whether operating for-profit or nonprofit, for the purpose of funding the functions or responsibilities of the county or municipality to conduct an election pursuant to the provisions of Title 13. All costs and expenses relating to conducting elections must be paid for with public funds.

(2) This section may not be construed to apply to the donation or use of a location for voting purposes, services that are provided at no cost to the state, the secretary of state, a county, a municipality, or the officers or employees of those entities, or goods that have a nominal value of less than $100.

(3) This section may not be construed to prevent tribal nations from providing donated space to be used as a polling location or for the same purposes as the main election office.

(4) This section may not be construed to prevent tribal nations from using their own funds, funds from other tribal nations, or funds from public entities such as the state or federal government for election purposes.

(5) This section may not be construed to prevent a nonprofit organization or a corporation from spending its own money to its own initiatives related to an election.

(6) A person who purposefully or knowingly violates this section is guilty of a felony and shall be punished by imprisonment for not less than 1 year or more than 10 years or by a fine of not more than $50,000, or both.