Alabama 2025 Regular Session

Alabama House Bill HB363 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB363INTRODUCED
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3	3	HB363
4	4	V7N5MLV-1
5	5	By Representatives Lomax, Woods
6	6	RFD: Ethics and Campaign Finance
7	7	First Read: 27-Feb-25
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12	12	5 V7N5MLV-1 02/25/2025 PMG (L)cr 2025-944
13	13	Page 1
14	14	First Read: 27-Feb-25
15	15	SYNOPSIS:
16	16	This bill would prohibit foreign nationals from
17	17	contributing to campaigns, ballot measures, political
18	18	parties, or political action committees.
19	19	This bill would also impose penalties for
20	20	violations.
21	21	A BILL
22	22	TO BE ENTITLED
23	23	AN ACT
24	24	Relating to the Fair Campaign Practices Act; to amend
25	25	Sections 17-5-2 and 17-5-15.1, Code of Alabama 1975; to define
26	26	foreign national and prohibit foreign national contributions
27	27	and donations to fund Alabama campaigns and ballot measures.
28	28	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
29	29	Section 1. Sections 17-5-2 and 17-5-15.1, Code of
30	30	Alabama 1975, are amended to read as follows:
31	31	"§17-5-2
32	32	(a) For purposes of this chapter, the following terms
33	33	shall have the following meanings:
34	34	(1) CANDIDATE. An individual who has done any of the
35	35	following:
36	36	a. Taken the action necessary under the laws of the
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66	66	a. Taken the action necessary under the laws of the
67	67	state to qualify himself or herself for nomination or for
68	68	election to any state office or local office or in the case of
69	69	an independent seeking ballot access, on the date when he or
70	70	she files a petition with the judge of probate in the case of
71	71	county offices, with the appropriate qualifying municipal
72	72	official in the case of municipal offices, or the Secretary of
73	73	State in all other cases.
74	74	b. Received contributions or made expenditures in
75	75	excess of one thousand dollars ($1,000), or given his or her
76	76	consent for any other person or persons to receive
77	77	contributions or make expenditures in excess of one thousand
78	78	dollars ($1,000), with a view to bringing about his or her
79	79	nomination or election to any state office or local office.
80	80	(2) COMMISSION. The State Ethics Commission created
81	81	pursuant to Section 36-25-3.
82	82	(3) CONTRIBUTION.
83	83	a. Any of the following shall be considered a
84	84	contribution:
85	85	1. A gift, subscription, loan, advance, deposit of
86	86	money or anything of value, a payment, a forgiveness of a
87	87	loan, or payment of a third party, made for the purpose of
88	88	influencing the result of an election.
89	89	2. A contract or agreement to make a gift,
90	90	subscription, loan, advance, or deposit of money or anything
91	91	of value for the purpose of influencing the result of an
92	92	election.
93	93	3. Any transfer of anything of value received by a
94	94	political committee from another political committee,
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124	124	political committee from another political committee,
125	125	political party, or other source.
126	126	4. The payment of compensation by any person for the
127	127	personal services or expenses of any other person if the
128	128	services are rendered or expenses incurred on behalf of a
129	129	candidate, political committee, or political party without
130	130	payment of full and adequate compensation by the candidate,
131	131	political committee, or political party ;. Provided provided,
132	132	however, that the payment of compensation by a corporation for
133	133	the purpose of establishing, administering, or soliciting
134	134	voluntary contributions to a separate, segregated fund as
135	135	permitted in this chapter, shall not constitute a
136	136	contribution.
137	137	b. The term "contribution" does not include:
138	138	1. The value of services provided without compensation
139	139	by individuals who volunteer a portion or all of their time on
140	140	behalf of a candidate or political committee.
141	141	2. The use of real or personal property and the cost of
142	142	invitations, food, or beverages, voluntarily provided by an
143	143	individual to a candidate or political committee in rendering
144	144	voluntary personal services on the individual's residential or
145	145	business premises for election-related activities.
146	146	3. The sale of any food or beverage by a vendor for use
147	147	in an election campaign at a charge to a candidate or
148	148	political committee less than the normal comparable charge, if
149	149	the charge to the political committee for use in an election
150	150	campaign is at least equal to the cost of the food or beverage
151	151	to the vendor.
152	152	4. Any unreimbursed payment for travel expenses made by
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182	182	4. Any unreimbursed payment for travel expenses made by
183	183	an individual who, on his or her own behalf, volunteers
184	184	personal services to a candidate or political committee.
185	185	5. The payment by a state or local committee of a
186	186	political party of the cost of preparation, display, or
187	187	mailing or other distribution incurred by the committee with
188	188	respect to a printed slate card or sample ballot, or other
189	189	printed listing of two or more candidates for any public
190	190	office for which an election is held in the state, except that
191	191	this subparagraph shall not apply in the case of costs
192	192	incurred by the committee with respect to a display of the
193	193	listing made on broadcasting stations, or in newspapers,
194	194	magazines, or other similar types of general public political
195	195	advertising.
196	196	6. The value or cost of polling data and voter
197	197	preference data and information if provided to a candidate or
198	198	political committee, unless the information was compiled with
199	199	the advance knowledge of and approval of the candidate or the
200	200	political committee.
201	201	c. For purposes of reporting contributions as required
202	202	by this chapter, the date of receipt of a contribution shall
203	203	be the first date the recipient of the contribution is able to
204	204	make use of the contribution. In the case of a contribution in
205	205	the form of a check, the date of receipt is the earlier of
206	206	either of the following:
207	207	1. Ten days from the date that the check came within
208	208	the recipient's control.
209	209	2. The date that the check was deposited into the
210	210	recipient's account.
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240	240	recipient's account.
241	241	(4) DESIGNATED FILING AGENT. An individual appointed
242	242	and authorized as attorney in fact to electronically submit
243	243	any report or other filing required by this chapter on behalf
244	244	of a candidate, his or her principal campaign committee, or a
245	245	political action committee.
246	246	(5) ELECTION. Unless otherwise specified, any general,
247	247	special, primary, or runoff election, or any convention or
248	248	caucus of a political party held to nominate a candidate, or
249	249	any election at which a constitutional amendment or other
250	250	proposition is submitted to the popular vote.
251	251	(6) ELECTIONEERING COMMUNICATION. Any communication
252	252	disseminated through any federally regulated broadcast media,
253	253	any mailing, or other distribution, electronic communication,
254	254	phone bank, or publication which (i) contains the name or
255	255	image of a candidate; (ii) is made within 120 days of an
256	256	election in which the candidate will appear on the ballot;
257	257	(iii) the only reasonable conclusion to be drawn from the
258	258	presentation and content of the communication is that it is
259	259	intended to influence the outcome of an election; and (iv)
260	260	entails an expenditure in excess of one thousand dollars
261	261	($1,000).
262	262	(7) EXPENDITURE.
263	263	a. The following shall be considered expenditures:
264	264	1. A purchase, payment, distribution, loan, advance,
265	265	deposit, or gift of money or anything of value made for the
266	266	purpose of influencing the result of an election.
267	267	2. A contract or agreement to make any purchase,
268	268	payment, distribution, loan, advance, deposit, or gift of
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298	298	payment, distribution, loan, advance, deposit, or gift of
299	299	money or anything of value, for the purpose of influencing the
300	300	result of an election.
301	301	3. The transfer, gift, or contribution of funds of a
302	302	political committee to another political committee.
303	303	4. The payment of any qualifying fee or other cost
304	304	associated with qualifying to run for office.
305	305	b. The term "expenditure" does not include:
306	306	1. Any news story, commentary, or editorial prepared by
307	307	and distributed through the facilities of any broadcasting
308	308	station, newspaper, magazine, or other periodical publication,
309	309	unless the facilities are owned or controlled by any political
310	310	party or political committee.
311	311	2. Nonpartisan activity designed to encourage
312	312	individuals to register to vote, or to vote.
313	313	3. Any communication by any membership organization to
314	314	its members or by a corporation to its stockholders and
315	315	employees if the membership organization or corporation is not
316	316	organized primarily for the purpose of influencing the result
317	317	of an election.
318	318	4. The use of real or personal property and the cost of
319	319	invitations, food, or beverages, voluntarily provided by an
320	320	individual in rendering voluntary personal services on the
321	321	individual's residential or business premises for
322	322	election-related activities.
323	323	5. Any unreimbursed payment for travel expenses made by
324	324	an individual who, on his or her own behalf, volunteers
325	325	personal services to a candidate or political committee.
326	326	6. Any communication by any person which is not made
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356	356	6. Any communication by any person which is not made
357	357	for the purposes of influencing the result of an election.
358	358	7. The payment by a state or local committee of a
359	359	political party of the cost of preparation, display, or
360	360	mailing or other distribution incurred by the committee with
361	361	respect to a printed slate card or sample ballot, or other
362	362	printed listing of two or more candidates for any public
363	363	office for which an election is held in the state, except that
364	364	this subparagraph shall not apply in the case of costs
365	365	incurred by the committee with respect to a display of the
366	366	listing made on broadcasting stations, or in newspapers,
367	367	magazines, or other similar types of general public political
368	368	advertising.
369	369	c. For purposes of reporting expenditures as required
370	370	by this chapter, the date an expenditure is made is the date
371	371	the instrument authorizes the expenditure. In the case of an
372	372	expenditure made by check or electronic payment, the date of
373	373	expenditure is the date of the check or electronic payment.
374	374	(8) FOREIGN NATIONAL. Any of the following:
375	375	a. An individual who is not a citizen or lawful
376	376	permanent resident of the United States.
377	377	b. A government or subdivision of a foreign country or
378	378	municipality thereof.
379	379	c. A foreign political party.
380	380	d. Any entity, such as a partnership, association,
381	381	corporation, organization, or other combination of persons,
382	382	that is organized under the laws of, or has its principal
383	383	place of business in a foreign country.
384	384	e. Any U.S. entity, such as a partnership, association,
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414	414	e. Any U.S. entity, such as a partnership, association,
415	415	corporation, or organization, which is wholly or majority
416	416	owned by any foreign national, unless: (i) any contribution or
417	417	expenditure the entity makes derives entirely from funds
418	418	generated by the entity's U.S. operations; and (ii) all
419	419	decisions concerning the contributions or expenditures are
420	420	made by individuals who are U.S. citizens or permanent
421	421	residents, except decisions setting overall budget amounts.
422	422	(8)(9) IDENTIFICATION. The full name and complete
423	423	address.
424	424	(9)(10) LOAN. A transfer of money, property, or
425	425	anything of value in consideration of a promise or obligation,
426	426	conditional or not, to repay in whole or part.
427	427	(10)(11) LOCAL OFFICE. Any office under the
428	428	constitution and laws of the state, except circuit, district,
429	429	or legislative offices, filled by election of the registered
430	430	voters of a single county or municipality, or by the voters of
431	431	a division contained within a county or municipality.
432	432	(12) NON-CANDIDATE ELECTION. A question or proposition
433	433	to be placed before the voter in a state or local election,
434	434	other than the nomination or election of a candidate for
435	435	public office, such as a constitutional amendment or
436	436	referendum.
437	437	(11)(13) PERSON. An individual, partnership, committee,
438	438	association, corporation, labor organization, or any other
439	439	organization or group of persons.
440	440	(12)(14) PERSONAL AND LEGISLATIVE LIVING EXPENSES.
441	441	Household supplies, personal clothing, tuition payments,
442	442	mortgage, rent, or utility payments for a personal residence;
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472	472	mortgage, rent, or utility payments for a personal residence;
473	473	admission to an entertainment event or fees for a country club
474	474	or social club, unless tied to a specific campaign event or
475	475	functions involving constituents; and any other expense,
476	476	excluding food and beverages, that would exist irrespective of
477	477	the candidate's campaign or duties as a legislator. Personal
478	478	and legislative living expenses shall not include expenses for
479	479	food, beverages, travel, or communications incurred by the
480	480	legislator in the performance of the office held.
481	481	(13)(15) POLITICAL ACTION COMMITTEE. Any committee,
482	482	club, association, political party, or other group of one or
483	483	more persons, whether in-state or out-of-state, which receives
484	484	or anticipates receiving contributions and makes or
485	485	anticipates making expenditures to or on behalf of any Alabama
486	486	state or local elected official, proposition, candidate,
487	487	principal campaign committee or other political action
488	488	committee. For the purposes of this chapter, a person who
489	489	makes a political contribution shall not be considered a
490	490	political action committee by virtue of making such
491	491	contribution.
492	492	(14)(16) POLITICAL PARTY. A political party as defined
493	493	in Section 17-13-40.
494	494	(15)(17) PRINCIPAL CAMPAIGN COMMITTEE. The principal
495	495	campaign committee designated by a candidate under Section
496	496	17-5-4. A political action committee established primarily to
497	497	benefit an individual candidate or an individual elected
498	498	official shall be considered a principal campaign committee
499	499	for purposes of this chapter.
500	500	(16)(18) PROPOSITION. Any proposal for submission to
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530	530	(16)(18) PROPOSITION. Any proposal for submission to
531	531	the general public for its approval or rejection, including
532	532	proposed as well as qualified ballot questions.
533	533	(17)(19) PUBLIC OFFICIAL. Any person elected to public
534	534	office, whether or not that person has taken office, by the
535	535	vote of the people at the state, county, or municipal level of
536	536	government or their instrumentalities, including governmental
537	537	corporations, and any person appointed to a position at the
538	538	state, county, or municipal level of government or their
539	539	instrumentalities, including governmental corporations. For
540	540	purposes of this chapter, a public official includes the
541	541	chairs and vice chairs or the equivalent offices of each state
542	542	political party as defined in Section 17-13-40.
543	543	(18)(20) STATE. The State of Alabama.
544	544	(19)(21) STATE OFFICE. All offices under the
545	545	constitution and laws of the state filled by election of the
546	546	registered voters of the state or of any circuit or district
547	547	and shall include legislative offices.
548	548	(b) The words and terms used in this chapter shall have
549	549	the same meanings respectively ascribed to them in Section
550	550	36-25-1."
551	551	"§17-5-15.1
552	552	(a) A principal campaign committee of a state or local
553	553	candidate and any person authorized to make an expenditure on
554	554	its behalf may shall not receive or spend, in a campaign for
555	555	state or local office, campaign funds in excess of one
556	556	thousand dollars ($1,000) that were raised by a principal
557	557	campaign committee of a federal candidate.
558	558	(b) A foreign national shall not make, directly or
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588	588	(b) A foreign national shall not make, directly or
589	589	indirectly:
590	590	(1) A contribution or donation of money or other thing
591	591	of value or make an express or implied promise to make a
592	592	contribution or donation in connection with a state or local
593	593	election of a candidate to public office or a non-candidate
594	594	election;
595	595	(2) A contribution or donation to a committee of a
596	596	state or local political party; or
597	597	(3) An expenditure, independent expenditure, or
598	598	disbursement for an electioneering communication.
599	599	(c) A person, political party, political action
600	600	committee, or principal campaign committee shall not solicit,
601	601	accept, or receive a contribution, donation, expenditure,
602	602	independent expenditure, or disbursement described in
603	603	subdivisions (b)(1), (b)(2), or (b)(3) from a foreign
604	604	national.
605	605	(d) For purposes of this section, "directly or
606	606	indirectly" means acting either alone or jointly with,
607	607	through, or on behalf of any other non-candidate election
608	608	committee, political party, political action committee, or
609	609	principal campaign committee, organization, person, or other
610	610	entity.
611	611	(e) Any person who intentionally receives or expends
612	612	campaign funds in violation of violates subsection (a),(b), or
613	613	(c) shall be guilty, upon conviction, of a Class C felony."
614	614	Section 2. This act shall become effective on October
615	615	1, 2025.
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