Bill would set campaign funding and donor privacy rules

Committees supporting a ballot measure would report certifications about foreign funding and collect written statements from donors. These provisions address committees organized to support a measure, their donors, and people or political treasurers spending money to support or oppose a measure. The treasurer would certify that foreign nationals did not directly or indirectly fund preliminary activity. For each donor, the treasurer would certify that the donor is not a foreign national and did not knowingly or willfully receive, solicit, or accept more than $10,000 from foreign nationals in the previous four years. The treasurer would obtain a written certification from each donor; without it, the contribution must be given up under the rules for unlawful contributions. A person spending money to support or oppose a measure would certify that they have not knowingly or willfully accepted more than $10,000 from foreign nationals in the previous four years and will not do so through the rest of the ballot-measure calendar year. A donor’s written statement would be collected when the contribution is received. A person spending money would certify when making the expenditure and through the rest of the calendar year when the measure appears on the ballot.

Foreign nationals would be barred from campaign contributions, election spending, and taking part in campaign decisions. The provisions cover foreign nationals, candidates, political committees, measures, and qualifying U.S.-organized or U.S.-based entities owned by foreign nationals. The text includes U.S.-organized or U.S.-based entities wholly or majority-owned by foreign nationals in its definition of foreign national. Such an entity could contribute or make independent expenditures only with money generated entirely by its U.S. operations and decisions made by U.S. citizens or permanent residents, except for setting overall budgets. Knowing and willful violations would be felonies if the amount exceeds $1,000 in a consecutive 12-month period or if the person commits a second knowing and willful violation within 10 years.

State and local officials would face limits on collecting and disclosing donor identities. These limits cover the secretary of state, county clerks, and other state or local government entities handling information about donors to tax-exempt organizations. Officials could collect a tax-exempt organization donor’s identity only when it directly relates to an alleged violation of the cited election laws. Officials could disclose the identity only after a final decision confirms that the donor violated those laws. Knowing or willful violations of these limits would be misdemeanors.