Foreign Adversary Ban Act

Task Forces: Process and Procedures

Draft Disclaimer

Prior to task force meetings, ALEC posts these legislative member-submitted draft model policies to our website. The draft model policies are then discussed, debated, and voted on by ALEC task force members. Policies that receive final approval by legislators on the ALEC Board of Directors become official ALEC model policy. Draft model policies that fail to become official ALEC model policy are removed from the website.

Summary

This act prohibits foreign nationals, including lawful permanent residents from designated foreign adversaries, from making or knowingly facilitating contributions or expenditures in state and local elections and ballot initiatives.

Model Policy

Section 1. Definitions. For purposes of this section:

  1. “Foreign adversary” means a foreign country whose government, or a regime governing such, has been determined by the United States Secretary of Commerce to be a foreign adversary under 15 C.F.R. § 791.4.
  2. “Foreign national” means:
    • (a) an individual who is neither a citizen nor a national of the United States and who is not lawfully admitted for permanent residence as defined by 8 U.S.C. § 1101(a)(20);
    • (b) an individual who is lawfully admitted for permanent residence as defined by 8 U.S.C. § 1101(a)(20) and who is a citizen or national of a foreign adversary; or
    • (c) a foreign principal as defined in 22 U.S.C. § 611(b).
  3. “Foreign national” does not include an individual who is a citizen or national of the United States, without regard to whether that individual is also a citizen or national of a foreign adversary.

Section 2. Prohibition.

  1. No foreign national shall, directly or indirectly, make a contribution or expenditure, or an express or implied promise to make a contribution or expenditure, in connection with an election for any office of this State or of a political subdivision of this State, or in connection with any ballot issue or question.
  2. No person shall knowingly solicit, accept, or receive a contribution or expenditure prohibited by subsection (a).
  3. This section does not apply to an election to federal office.

Section 3. Severability.
If any provision of this Act, or its application to any person or circumstance, is held invalid, the remainder of the Act and the application of the provision to other persons and circumstances are not affected.