Bill
Banning Foreign Funding in Ballot Propositions and Elections
- Number
- H.B. 393 (2025GS)
- Sponsor
- Rep. Pierucci, Candice B.
- Final action
- House/ filed 3/7/2025
- Outcome
- Failed / filed without passage
Summary
This bill establishes provisions related to foreign financial influence in ballot propositions and elections.
What it does
- This bill:
- defines terms;
- prohibits a foreign national from making or attempting to make a contribution or an independent expenditure for a political purpose;
- prohibits a candidate, officeholder, or entity subject to campaign finance reporting requirements from knowingly soliciting, accepting, or receiving a contribution from a foreign national;
- requires a candidate, officeholder, or entity that receives contributions to annually certify to the lieutenant governor that the candidate, officeholder, or entity did not knowingly accept a contribution from a foreign national;
- requires each corporation or labor organization subject to campaign finance reporting requirements to certify that the corporation or labor organization is not a foreign national;
- requires a candidate, officeholder, or entity that receives a contribution from a foreign national to:
- immediately notify the lieutenant governor;
- return the contribution to the foreign national; and
- if the foreign national refuses to accept the return of the contribution, disperse the value of the contribution into the state's General Fund
- prohibits any person from aiding or facilitating a violation of the prohibitions described above;
- establishes a criminal penalty for a person who violates the provisions described above;
- requires the lieutenant governor to impose a civil penalty against a foreign national that makes a contribution or independent expenditure; and
- makes technical and conforming changes.
Every vote on this bill
2/13/2025House Comm - Favorable Recommendation
House Government Operations Committee
11-0-2not eligible / no record2/20/2025House/ substituted
House 3rd Reading Calendar for House bills
0-0-75not eligible / no record2/20/2025House/ passed 3rd reading
Senate Secretary
72-0-3YEABill text
introduced version · official source
18 20A-11-1801 20A-11-1802 Banning Foreign Funding in Ballot Propositions and Elections 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Candice B. Pierucci Senate Sponsor: LONG TITLE General Description: This bill establishes provisions related to foreign financial influence in ballot propositions and elections. Highlighted Provisions: This bill: defines terms; prohibits a foreign national from making a contribution, an expenditure for certain purposes, or an independent expenditure; for an individual or entity subject to campaign finance reporting requirements, prohibits the individual or entity from knowingly soliciting, accepting, or receiving a contribution from a foreign national; requires an individual or entity described above that receives a contribution from a foreign national to: notify the lieutenant governor; and disperse the value of the contribution into the state's General Fund; prohibits any person from aiding or facilitating a violation of the prohibition described above; establishes a criminal penalty for a person who violates the provisions described above; and requires the lieutenant governor to impose a civil penalty against a foreign national that makes a contribution, expenditure, or independent expenditure. Money Appropriated in this Bill: None Other Special Clauses: None Utah Code Sections Affected: ENACTS: 20A-11-1801 , Utah Code Annotated 1953 20A-11-1802 , Utah Code Annotated 1953 Be it enacted by the Legislature of the state of Utah: Section 1, Section 20A-11-1801 is enacted to read: 18. Foreign Nationals 20A-11-1801. Definitions. As used in this part: (1) "Campaign contribution" means the same as that term is defined in Section 20A-11-1202 . (2) "Expenditure" means: (a) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value; (b) an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value; (c) a transfer of funds between a foreign national and a candidate's personal campaign committee; (d) a transfer of funds between a foreign national and a political issues committee; or (e) goods or services provided to or for the benefit of a candidate, a candidate's personal campaign committee, or a political issues committee for a political purpose at less than fair market value. (3) "Foreign government" means any government other than the government of: (a) the United States; (b) a state within the United States; (c) a territory or possession of the United States; or (d) a political subdivision of the United States. (4) "Foreign government-owned entity" means: (a) a corporation or other business organization in which a foreign government owns, holds, or controls 50% or more of the corporation's or business organization's equity, voting shares, membership units, or other applicable ownership interest; or (b) a restricted foreign entity. (5) "Foreign national" means: (a) and individual who is not: (i) a United States citizen; or (ii) a United States national under the Immigration and Nationality Act, 8 U.S.C. Sec. 1101 et seq.; (b) a foreign government; (c) a foreign government-owned entity; or (d) a restricted foreign entity. (6) "Independent expenditure" means the same as that term is defined in Section 20A-11-1702 . (7) "Political purpose" means an act done with the intent or in a way to influence or intend to influence, directly or indirectly, any person to refrain from voting or to vote for or against: (a) a candidate for public office at any caucus, political convention, primary, or election; or (b) a judge standing for retention at any election. (8) "Proposed initiative" means an initiative proposed in an application filed under Section 20A-7-202 or 20A-7-502 . (9) "Proposed referendum" means a referendum proposed in an application filed under Section 20A-7-302 or 20A-7-602 . (10) "Restricted foreign entity" means the same as that term is defined in Subsection 63G-6a-121 (1)(c). Section 2, Section 20A-11-1802 is enacted to read: 20A-11-1802. Campaign financing by foreign national prohibited -- Penalties. (1) A foreign national may not make, directly or indirectly, any of the following: (a) a campaign contribution; (b) a political issues contribution; (c) an expenditure for a political purpose, to influence a ballot proposition, or to influence a proposed initiative or proposed referendum; or (d) an independent expenditure. (2) (a) A filing entity may not knowingly solicit, accept, or receive a campaign contribution or political issues contribution from a foreign national. (b) A person may not knowingly aid or facilitate a violation of Subsection (1) . (3) A filing entity that believes or has reason to believe that the filing entity received a campaign contribution or political issues contribution from a foreign national shall: (a) immediately notify the lieutenant governor; and (b) disperse the amount of the campaign contribution or political issues contribution, or, for an in-kind contribution, the reasonable value of the campaign contribution or political issues contribution, in dollars, to the treasurer of the state for deposit into the General Fund. (4) (a) A person who violates this section is guilty of a class B misdemeanor. (b) The lieutenant governor shall report all violations of this section to the attorney general. (5) (a) In addition to the criminal penalty described in Subsection (4) (a), the lieutenant governor shall impose a civil fine against a foreign national that violates Subsection (1) in an amount that is the greater of: (i) for a foreign national that is an individual: (A) $500; or (B) double the amount of the campaign contribution, political issues contribution, expenditure, or independent expenditure that constitutes the violation; or (ii) for a foreign national that is not an individual: (A) $1,000; or (B) triple the amount of the campaign contribution, political issues contribution, expenditure, or independent expenditure that constitutes the violation. (b) The lieutenant governor shall deposit a fine collected under Subsection (5)(a) into the General Fund. Section 3. Effective Date. This bill takes effect on May 7, 2025 . 2-3-25 2:24 PM