Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda

(a) In general Section 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)), as amended by section 101, is amended by adding at the end the following new paragraphs: (3) Federal, State, or local election The term Federal, State, or local election includes a State or local ballot initiative or referendum, but only in the case of— (A) a covered foreign national as defined in paragraph (4); or (B) a foreign principal described in section 1(b)(2) or 1(b)(3) of the Foreign Agent Registration Act of 1938, as amended (22 U.S.C. 611(b)(2), (b)(3)) or an agent of such a foreign principal under such Act. (4) Covered foreign national (A) In general The term covered foreign national means— (i) a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b))) that is a government of a foreign country or a foreign political party; (ii) any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal described in clause (i) or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal described in clause (i); or (iii) any person included in the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to authorities relating to the imposition of sanctions relating to the conduct of a foreign principal described in clause (i). (B) Clarification regarding application to citizens of the United States In the case of a citizen of the United States, clause (ii) of subparagraph (A) applies only to the extent that the person involved acts within the scope of that person’s status as the agent of a foreign principal described in clause (i) of subparagraph (A).. (b) Effective date The amendment made by this section shall apply with respect to elections held in 2026 or any succeeding year.