HB963: HB963 Elections; prohibit foreign nationals from contributing to or participating in any campaign

26 LC 47 3851 House Bill 963 By: Representatives Martin of the 49th, Anderson of the 10th, Fleming of the 114th, Carson of the 46th, and Blackmon of the 146th A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to1 government transparency and campaign finance, so as to prohibit foreign nationals from2 contributing to or participating in any campaign to bring about the approval or rejection by3 the voters of any proposed question which appears on the ballot; to provide for definitions;4 to require certifications by certain campaign committees as to compliance with such5 prohibition; to prohibit the disclosure of certain protected donor information; to provide for6 a penalty; to provide for related matters; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Chapter 5 of Title 21 of the Official Code of Georgia Annotated , relating to government10 transparency and campaign finance, is amended in Code Section 2 1-5-3, relating to11 definitions, by revising paragraph (2) and adding new paragraphs to read as follows:12 "(2) 'Campaign committee' means the candidate, person, or commi ttee which accepts13 contributions or makes expenditures designed to bring about the nomination or election14 of an individual to any elected office. The term 'campaign com mittee' also means any15 person or committee which accepts contributions or makes expend itures designed to16 H. B. 963 - 1 - 26 LC 47 3851 bring about the recall of a public officer holding elective office or to oppose the recall of17 a public officer holding elective office or any person or any c ommittee which accepts18 contributions or makes expenditures designed to bring about the approval or rejection by19 the voters of any proposed constitutional amendment, a state-wi de referendum, or a20 proposed question which is to appear on the ballot in this state or including any proposed21 question which is to appear on the ballot in a county or a municipal election in this state."22 "(8.1) 'Directly or indirectly' means acting either alone or jo intly with, through, or on23 behalf of any other individual, person, committee, organization, business entity, or group24 of persons."25 "(13.1) 'Foreign national' means:26 (A) An individual who is not a citizen or lawful permanent res ident of the United27 States;28 (B) A government of a foreign country or any subdivision thereof;29 (C) A foreign political party;30 (D) Any business entity that is organized under the laws of, or has its principal place31 of business in, a foreign country; or32 (E) Any business entity organized under federal law or the law of one of the United33 States which is wholly or majority owned by individuals or organizations qualifying as34 foreign nationals pursuant to subparagraphs (A) through (D) of this paragraph, unless:35 (i) Any contribution or expenditure made by such entity is der ived entirely from36 funds generated by the such business entity's operations occurring within the United37 States; and38 (ii) All decisions, except for setting overall budget amounts, concerning the39 contribution or expenditure are made by individuals who are Ame rican citizens or40 lawful permanent residents of the United States.41 (13.2) 'Foreign political party' means a ny organization or any other combination of42 individuals in a country other than the United States, or any unit or branch thereof, having43 H. B. 963 - 2 - 26 LC 47 3851 for an aim or purpose, or which is engaged in any activity devoted in whole or in part to44 the establishment, administration, control, or acquisition of administration or control, of45 a government of a foreign country or any subdivision thereof, o r the furtherance or46 influencing of the political or public interests, policies, or relations of a government of47 a foreign country or any subdivision thereof."48 "(20.1) 'Preliminary activity' includes, but is not limited to, conducting a poll or a focus49 group, drafting ballot measure language, telephone calls, and travel."50 SECTION 2.51 Said chapter is further amended in Code Section 21-5-34, relating to campaign contribution52 disclosure reports and committee registration, by revising subsections (a) and (h) as follows:53 "(a)(1)(A) The candidate or the chairperson or treasurer of each campaign committee54 organized to bring about the nomination or election of a candidate for any office and55 the chairperson or treasurer of every campaign committee designed to bring about the56 recall of a public officer or to oppose the recall of a public officer or designed to bring57 about the approval or rejection by the voters of any proposed constitutional amendment,58 state-wide proposed question, or state-wide referendum shall electronically sign and file59 with the commission the required campaign contribution disclosure reports.60 (B) The chairperson or treasurer of each independent committee shall file the required61 disclosure reports with the commission.62 (2)(A) Any campaign committee which accepts contributions or makes expenditures63 designed to bring about the approval or rejection by the voters of any proposed question64 which is to appear on the ballot in this state shall register with the commission and file65 campaign contribution disclosure reports as prescribed by this chapter; provided,66 however, that such reports shall only be required if such campa ign committee has67 received contributions which total more than $500.00 or if such campaign committee68 has made expenditures which total more than $500.00. All adver tising pertaining to69 H. B. 963 - 3 - 26 LC 47 3851 referendums shall identify the principal officer of such campaign committee by listing70 or stating the name and title of the principal officer.71 (B) Any campaign committee registration required to be filed w ith the commission72 under subparagraph (A) of this paragraph shall be accompanied b y a certification73 affirming that no preliminary activity was funded by one or mor e foreign nationals,74 whether directly or indirectly.75 (C) Each campaign committee report required to be filed with the commission under76 subparagraph (A) of this paragraph shall be accompanied by a certification affirming77 that the donor associated with each contribution is not a foreign national and has not78 knowingly or willfully received, solicited, or accepted, whether directly or indirectly,79 contributions or expenditures from one or more foreign nationals aggregating in excess80 of $100,000.00 within the four-year period immediately precedin g the date of the81 contribution.82 (D) If a campaign committee is required to file a report with the commission under83 subparagraph (A) of this paragraph, such report shall be electronically filed. Any such84 report shall be filed 15 days prior to the date of the election . A final report shall be85 filed prior to December 31 of the election year."86 "(h) Any campaign committee which accepts contributions or make s expenditures87 designed to bring about the approval or rejection by the voters of a proposed constitutional88 amendment or a state-wide referendum shall file a campaign contribution disclosure report89 75, 45, and 15 days prior to the date of the election and shall file a final report prior to90 December 31 of the election year. Each report required by this subsection shall be91 accompanied by a certification affirming that the donor associated with each contribution92 is not a foreign national and has not knowingly or willfully received, solicited, or accepted,93 whether directly or indirectly, contributions or expenditures f rom one or more foreign94 nationals aggregating in excess of $100,000.00 within the four- year period immediately95 preceding the date of the contribution."96 H. B. 963 - 4 - 26 LC 47 3851 SECTION 3.97 Said chapter is further amended by adding a new Code section to read as follows:98 "21-5-37.99 (a) A foreign national shall not direct, dictate, or control, directly or indirectly, or100 participate in the decision-making process of any person with r egard to that person's101 activities to influence the approval or rejection by the voters of any proposed constitutional102 amendment, proposed state-wide, county, or municipal question, or state-wide referendum.103 (b) A foreign national shall not solicit, directly or indirect ly, the making of a donation,104 contribution, or expenditure by another person to influence the approval or rejection by the105 voters of any proposed constitutional amendment, proposed state -wide, county, or106 municipal question, or state-wide referendum.107 (c) Upon receipt of a contribution by a campaign committee which accepts contributions108 or makes expenditures designed to bring about the approval or r ejection by the voters of109 a proposed constitutional amendment, proposed state-wide, county, or municipal question,110 or state-wide referendum, the committee shall obtain from the donor an affirmation that the111 donor is not a foreign national and has not knowingly or willfu lly accepted funds112 aggregating in excess of $100,000.00 from one or more foreign n ationals within the113 four-year period immediately preceding the date the contribution is made.114 (d) Any investigation of an alleged violation of this Code sec tion or an action brought115 pursuant to Code Section 21-5-7 shall ensure that such investigation or action shields the116 identity of lawful donors from disclosure to the maximum extent possible. No state or117 local governmental entity, court, or officer of the court shall collect or require the118 submission of information on the identity of any donor to a tax-exempt organization other119 than those directly related to an alleged violation of this chapter.120 (e) No state or local governmental entity, court, or officer of the court shall disclose to the121 public, or another government official not directly involved in the investigation or action122 brought pursuant to Code Section 21-5-7, information revealing the identity of any donor123 H. B. 963 - 5 - 26 LC 47 3851 to a tax-exempt organization, unless the information is regardi ng the identity of a donor124 that engaged in conduct prohibited by this chapter after a fina l determination has been125 made that the donor committed such violation. Knowing or willf ul violations of this126 subsection shall be punished as provided for in Code Section 21-5-9.127 (f) Nothing in this chapter shall be deemed to create any new or eliminate any existing128 donor disclosure rights or duties beyond those specifically enu merated in this Code129 section."130 SECTION 4.131 All laws and parts of laws in conflict with this Act are repealed.132 H. B. 963 - 6 -