Sponsors (8)
Read twice and referred to the Committee on Rules and Administration.
Last progress November 6, 2025 (3 months ago)
Introduced on November 6, 2025 by William Francis Hagerty
Expands the prohibition on foreign money in U.S. elections to cover more activities (including state and local ballot initiatives), clarifies rules on indirect contributions, adds new enforcement and reporting requirements, and creates a limited defense (signed certification) for accused parties. Separately, it bars federal agencies from collecting or publicly releasing information that identifies donors to tax‑exempt organizations, lists narrow exceptions, and makes willful unlawful disclosures by federal employees a felony with criminal penalties.
Amends 52 U.S.C. 30121(a)(1) by striking a conjunction and adding a new subparagraph (D) that treats as covered donations any donation made for the purpose of: (i) voter registration activity; (ii) ballot collection; (iii) voter identification; (iv) get-out-the-vote activity; (v) any public communication that refers to a clearly identified Federal, State, or local political party; or (vi) the administration of a Federal, State, or local election.
Makes a conforming amendment to 52 U.S.C. 30121(a)(2) by changing the cross-reference from 'subparagraph (A) or (B) of paragraph (1)' to 'subparagraph (A), (B), or (D) of paragraph (1)'.
Amends 52 U.S.C. 30121(b) to redesignate existing paragraphs and to add that the term 'Federal, State, or local election' includes a State or local ballot initiative, referendum, or recall election.
Adds a rule of construction stating that nothing in this section may be construed to treat a State or local election or a State or local ballot initiative or referendum as an election for any other purpose under the Act.
Amends 52 U.S.C. 30121(a) to add a new paragraph (3) that prohibits a person from knowingly aiding or facilitating a violation of paragraph (1) or (2).
Who is affected and how:
Nonprofit organizations: Donor identities tied to tax‑exempt status gain stronger federal privacy protections; federal public disclosure of donor names or identifying information is generally barred, which limits federal transparency channels and may reduce publicly available donor data.
Individuals (donors and contributors): Private donors to tax‑exempt organizations receive greater federal protection from public disclosure, but donors who give to political efforts or who are involved in activity covered by the expanded foreign‑money ban may face stricter reporting, certification requirements, or enforcement; individuals accused of violations can submit a signed certification as a potential defense.
State and local governments and ballot measure campaigns: Campaigns and committees engaged in state/local ballot initiatives fall explicitly under the expanded foreign‑money prohibition and must comply with the tightened rules on indirect contributions and certifications, increasing compliance obligations.
Federal agencies and employees (including IRS staff): Agencies are restricted from collecting or publicly releasing donor‑identifying information for tax‑exempt organizations, limiting administrative disclosure practices; federal employees who willfully disclose protected donor information face felony exposure, altering agency record handling and disclosure policies.
Campaign committees, political filers, and enforcement bodies: Committees and certain filers must sign compliance certifications under penalty of perjury, increasing administrative burden and potential exposure for false statements; enforcement agencies gain clearer statutory tools on aiding/facilitating violations but face limits on investigative scope in some respects.
Potential broader effects:
Transparency vs. privacy tradeoffs: Reducing federal disclosure of donor identities may protect privacy and association rights but will limit public access to data used by journalists, watchdogs, and researchers to track influence and outside spending.
Litigation risk and uncertainty: Changes to investigatory scope, new defenses, and donor‑privacy provisions are likely to generate litigation—especially on First Amendment grounds and on legal limits to federal collection/disclosure—creating uncertainty for agencies and political actors.
Compliance costs: New certification and reporting requirements will impose additional administrative costs on committees, filers, and nonprofits, and may prompt changes in recordkeeping and legal compliance practices.