Ballot campaigns would check foreign funding and face penalties

Political committees supporting or opposing ballot issues would obtain donor affirmations about foreign-national status and recent foreign funding. The rule covers political committees that expressly support or oppose a ballot issue and people or organizations making related contributions. A donor must affirm that the donor is not a foreign national. The donor must also affirm that the donor has not knowingly or willfully accepted more than $100,000 in total from one or more foreign nationals during the four years before the contribution. Reports and certain independent-expenditure statements would include related affirmations. The four-year lookback applies before the date of the contribution or expenditure. An independent-expenditure affirmation also covers the period through the election for the ballot issue.

Foreign nationals would be barred from directing, controlling, participating in decisions about, or soliciting another person's ballot-issue contributions or expenditures. The restriction applies to foreign nationals and activities intended to influence a ballot issue, including decisions about contributions and independent expenditures. A person who knowingly or willfully violates the listed rules may face a civil penalty. The penalty is $10,000 or three times the contribution or expenditure, whichever is greater. A foreign national includes certain foreign governments, political parties, foreign-organized entities, and some United States entities owned by foreign nationals.

Government investigators would limit the collection and disclosure of tax-exempt organizations' donor identities during specified investigations. The rules cover investigations of listed campaign-finance violations and court-ordered investigations connected to complaints under the cited election-law section. Investigators should shield lawful donors' identities as much as possible. A government entity or employee may collect only donor information directly related to a possible violation. Donor identities may be shared with another government entity directly involved in the investigation. The limits do not apply after a final determination that the donor violated the chapter. The limits apply during the listed investigations and until a final violation determination allows the exception for disclosure of a donor's identity.