HB363INTRODUCED
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HB363
V7N5MLV-1
By Representatives Lomax, Woods
RFD: Ethics and Campaign Finance
First Read: 27-Feb-25
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5 V7N5MLV-1 02/25/2025 PMG (L)cr 2025-944
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First Read: 27-Feb-25
SYNOPSIS:
This bill would prohibit foreign nationals from
contributing to campaigns, ballot measures, political
parties, or political action committees.
This bill would also impose penalties for
violations.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Fair Campaign Practices Act; to amend
Sections 17-5-2 and 17-5-15.1, Code of Alabama 1975; to define
foreign national and prohibit foreign national contributions
and donations to fund Alabama campaigns and ballot measures.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 17-5-2 and 17-5-15.1, Code of
Alabama 1975, are amended to read as follows:
"§17-5-2
(a) For purposes of this chapter, the following terms
shall have the following meanings:
(1) CANDIDATE. An individual who has done any of the
following:
a. Taken the action necessary under the laws of the
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a. Taken the action necessary under the laws of the
state to qualify himself or herself for nomination or for
election to any state office or local office or in the case of
an independent seeking ballot access, on the date when he or
she files a petition with the judge of probate in the case of
county offices, with the appropriate qualifying municipal
official in the case of municipal offices, or the Secretary of
State in all other cases.
b. Received contributions or made expenditures in
excess of one thousand dollars ($1,000), or given his or her
consent for any other person or persons to receive
contributions or make expenditures in excess of one thousand
dollars ($1,000), with a view to bringing about his or her
nomination or election to any state office or local office.
(2) COMMISSION. The State Ethics Commission created
pursuant to Section 36-25-3.
(3) CONTRIBUTION.
a. Any of the following shall be considered a
contribution:
1. A gift, subscription, loan, advance, deposit of
money or anything of value, a payment, a forgiveness of a
loan, or payment of a third party, made for the purpose of
influencing the result of an election.
2. A contract or agreement to make a gift,
subscription, loan, advance, or deposit of money or anything
of value for the purpose of influencing the result of an
election.
3. Any transfer of anything of value received by a
political committee from another political committee,
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political committee from another political committee,
political party, or other source.
4. The payment of compensation by any person for the
personal services or expenses of any other person if the
services are rendered or expenses incurred on behalf of a
candidate, political committee, or political party without
payment of full and adequate compensation by the candidate,
political committee, or political party ;. Provided provided,
however, that the payment of compensation by a corporation for
the purpose of establishing, administering, or soliciting
voluntary contributions to a separate, segregated fund as
permitted in this chapter, shall not constitute a
contribution.
b. The term "contribution" does not include:
1. The value of services provided without compensation
by individuals who volunteer a portion or all of their time on
behalf of a candidate or political committee.
2. The use of real or personal property and the cost of
invitations, food, or beverages, voluntarily provided by an
individual to a candidate or political committee in rendering
voluntary personal services on the individual's residential or
business premises for election-related activities.
3. The sale of any food or beverage by a vendor for use
in an election campaign at a charge to a candidate or
political committee less than the normal comparable charge, if
the charge to the political committee for use in an election
campaign is at least equal to the cost of the food or beverage
to the vendor.
4. Any unreimbursed payment for travel expenses made by
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4. Any unreimbursed payment for travel expenses made by
an individual who, on his or her own behalf, volunteers
personal services to a candidate or political committee.
5. The payment by a state or local committee of a
political party of the cost of preparation, display, or
mailing or other distribution incurred by the committee with
respect to a printed slate card or sample ballot, or other
printed listing of two or more candidates for any public
office for which an election is held in the state, except that
this subparagraph shall not apply in the case of costs
incurred by the committee with respect to a display of the
listing made on broadcasting stations, or in newspapers,
magazines, or other similar types of general public political
advertising.
6. The value or cost of polling data and voter
preference data and information if provided to a candidate or
political committee, unless the information was compiled with
the advance knowledge of and approval of the candidate or the
political committee.
c. For purposes of reporting contributions as required
by this chapter, the date of receipt of a contribution shall
be the first date the recipient of the contribution is able to
make use of the contribution. In the case of a contribution in
the form of a check, the date of receipt is the earlier of
either of the following:
1. Ten days from the date that the check came within
the recipient's control.
2. The date that the check was deposited into the
recipient's account.
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recipient's account.
(4) DESIGNATED FILING AGENT. An individual appointed
and authorized as attorney in fact to electronically submit
any report or other filing required by this chapter on behalf
of a candidate, his or her principal campaign committee, or a
political action committee.
(5) ELECTION. Unless otherwise specified, any general,
special, primary, or runoff election, or any convention or
caucus of a political party held to nominate a candidate, or
any election at which a constitutional amendment or other
proposition is submitted to the popular vote.
(6) ELECTIONEERING COMMUNICATION. Any communication
disseminated through any federally regulated broadcast media,
any mailing, or other distribution, electronic communication,
phone bank, or publication which (i) contains the name or
image of a candidate; (ii) is made within 120 days of an
election in which the candidate will appear on the ballot;
(iii) the only reasonable conclusion to be drawn from the
presentation and content of the communication is that it is
intended to influence the outcome of an election; and (iv)
entails an expenditure in excess of one thousand dollars
($1,000).
(7) EXPENDITURE.
a. The following shall be considered expenditures:
1. A purchase, payment, distribution, loan, advance,
deposit, or gift of money or anything of value made for the
purpose of influencing the result of an election.
2. A contract or agreement to make any purchase,
payment, distribution, loan, advance, deposit, or gift of
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payment, distribution, loan, advance, deposit, or gift of
money or anything of value, for the purpose of influencing the
result of an election.
3. The transfer, gift, or contribution of funds of a
political committee to another political committee.
4. The payment of any qualifying fee or other cost
associated with qualifying to run for office.
b. The term "expenditure" does not include:
1. Any news story, commentary, or editorial prepared by
and distributed through the facilities of any broadcasting
station, newspaper, magazine, or other periodical publication,
unless the facilities are owned or controlled by any political
party or political committee.
2. Nonpartisan activity designed to encourage
individuals to register to vote, or to vote.
3. Any communication by any membership organization to
its members or by a corporation to its stockholders and
employees if the membership organization or corporation is not
organized primarily for the purpose of influencing the result
of an election.
4. The use of real or personal property and the cost of
invitations, food, or beverages, voluntarily provided by an
individual in rendering voluntary personal services on the
individual's residential or business premises for
election-related activities.
5. Any unreimbursed payment for travel expenses made by
an individual who, on his or her own behalf, volunteers
personal services to a candidate or political committee.
6. Any communication by any person which is not made
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6. Any communication by any person which is not made
for the purposes of influencing the result of an election.
7. The payment by a state or local committee of a
political party of the cost of preparation, display, or
mailing or other distribution incurred by the committee with
respect to a printed slate card or sample ballot, or other
printed listing of two or more candidates for any public
office for which an election is held in the state, except that
this subparagraph shall not apply in the case of costs
incurred by the committee with respect to a display of the
listing made on broadcasting stations, or in newspapers,
magazines, or other similar types of general public political
advertising.
c. For purposes of reporting expenditures as required
by this chapter, the date an expenditure is made is the date
the instrument authorizes the expenditure. In the case of an
expenditure made by check or electronic payment, the date of
expenditure is the date of the check or electronic payment.
(8) FOREIGN NATIONAL. Any of the following:
a. An individual who is not a citizen or lawful
permanent resident of the United States.
b. A government or subdivision of a foreign country or
municipality thereof.
c. A foreign political party.
d. Any entity, such as a partnership, association,
corporation, organization, or other combination of persons,
that is organized under the laws of, or has its principal
place of business in a foreign country.
e. Any U.S. entity, such as a partnership, association,
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e. Any U.S. entity, such as a partnership, association,
corporation, or organization, which is wholly or majority
owned by any foreign national, unless: (i) any contribution or
expenditure the entity makes derives entirely from funds
generated by the entity's U.S. operations; and (ii) all
decisions concerning the contributions or expenditures are
made by individuals who are U.S. citizens or permanent
residents, except decisions setting overall budget amounts.
(8)(9) IDENTIFICATION. The full name and complete
address.
(9)(10) LOAN. A transfer of money, property, or
anything of value in consideration of a promise or obligation,
conditional or not, to repay in whole or part.
(10)(11) LOCAL OFFICE. Any office under the
constitution and laws of the state, except circuit, district,
or legislative offices, filled by election of the registered
voters of a single county or municipality, or by the voters of
a division contained within a county or municipality.
(12) NON-CANDIDATE ELECTION. A question or proposition
to be placed before the voter in a state or local election,
other than the nomination or election of a candidate for
public office, such as a constitutional amendment or
referendum.
(11)(13) PERSON. An individual, partnership, committee,
association, corporation, labor organization, or any other
organization or group of persons.
(12)(14) PERSONAL AND LEGISLATIVE LIVING EXPENSES.
Household supplies, personal clothing, tuition payments,
mortgage, rent, or utility payments for a personal residence;
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mortgage, rent, or utility payments for a personal residence;
admission to an entertainment event or fees for a country club
or social club, unless tied to a specific campaign event or
functions involving constituents; and any other expense,
excluding food and beverages, that would exist irrespective of
the candidate's campaign or duties as a legislator. Personal
and legislative living expenses shall not include expenses for
food, beverages, travel, or communications incurred by the
legislator in the performance of the office held.
(13)(15) POLITICAL ACTION COMMITTEE. Any committee,
club, association, political party, or other group of one or
more persons, whether in-state or out-of-state, which receives
or anticipates receiving contributions and makes or
anticipates making expenditures to or on behalf of any Alabama
state or local elected official, proposition, candidate,
principal campaign committee or other political action
committee. For the purposes of this chapter, a person who
makes a political contribution shall not be considered a
political action committee by virtue of making such
contribution.
(14)(16) POLITICAL PARTY. A political party as defined
in Section 17-13-40.
(15)(17) PRINCIPAL CAMPAIGN COMMITTEE. The principal
campaign committee designated by a candidate under Section
17-5-4. A political action committee established primarily to
benefit an individual candidate or an individual elected
official shall be considered a principal campaign committee
for purposes of this chapter.
(16)(18) PROPOSITION. Any proposal for submission to
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(16)(18) PROPOSITION. Any proposal for submission to
the general public for its approval or rejection, including
proposed as well as qualified ballot questions.
(17)(19) PUBLIC OFFICIAL. Any person elected to public
office, whether or not that person has taken office, by the
vote of the people at the state, county, or municipal level of
government or their instrumentalities, including governmental
corporations, and any person appointed to a position at the
state, county, or municipal level of government or their
instrumentalities, including governmental corporations. For
purposes of this chapter, a public official includes the
chairs and vice chairs or the equivalent offices of each state
political party as defined in Section 17-13-40.
(18)(20) STATE. The State of Alabama.
(19)(21) STATE OFFICE. All offices under the
constitution and laws of the state filled by election of the
registered voters of the state or of any circuit or district
and shall include legislative offices.
(b) The words and terms used in this chapter shall have
the same meanings respectively ascribed to them in Section
36-25-1."
"§17-5-15.1
(a) A principal campaign committee of a state or local
candidate and any person authorized to make an expenditure on
its behalf may shall not receive or spend, in a campaign for
state or local office, campaign funds in excess of one
thousand dollars ($1,000) that were raised by a principal
campaign committee of a federal candidate.
(b) A foreign national shall not make, directly or
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(b) A foreign national shall not make, directly or
indirectly:
(1) A contribution or donation of money or other thing
of value or make an express or implied promise to make a
contribution or donation in connection with a state or local
election of a candidate to public office or a non-candidate
election;
(2) A contribution or donation to a committee of a
state or local political party; or
(3) An expenditure, independent expenditure, or
disbursement for an electioneering communication.
(c) A person, political party, political action
committee, or principal campaign committee shall not solicit,
accept, or receive a contribution, donation, expenditure,
independent expenditure, or disbursement described in
subdivisions (b)(1), (b)(2), or (b)(3) from a foreign
national.
(d) For purposes of this section, "directly or
indirectly" means acting either alone or jointly with,
through, or on behalf of any other non-candidate election
committee, political party, political action committee, or
principal campaign committee, organization, person, or other
entity.
(e) Any person who intentionally receives or expends
campaign funds in violation of violates subsection (a),(b), or
(c) shall be guilty, upon conviction, of a Class C felony."
Section 2. This act shall become effective on October
1, 2025.
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