Bills of Congress by U.S. Congress

Preventing Foreign Interference in American Elections Act

Summary

The "Preventing Foreign Interference in American Elections Act" aims to amend the Federal Election Campaign Act of 1971 to further restrict contributions from foreign nationals in U.S. elections. It broadens the definition of prohibited activities to include voter registration, ballot collection, voter identification, get-out-the-vote efforts, and communications related to political parties. The bill also addresses indirect contributions and includes enforcement provisions, such as certifications and limitations on investigations.

Additionally, the Act seeks to protect the privacy of donors to tax-exempt organizations by restricting the collection and release of donor information by federal entities. Exceptions are provided for the IRS, Secretary of the Senate, Clerk of the House, and the FEC under specific lawful authorities.

Penalties are established for the unlawful disclosure of donor information, including fines and imprisonment.

Expected Effects

This act will likely reduce foreign influence in U.S. elections by expanding restrictions on foreign contributions and increasing enforcement mechanisms. It may also impact the operations of tax-exempt organizations by limiting the collection and disclosure of donor information.

These changes could lead to increased scrutiny of political donations and activities, potentially affecting campaign finance practices. The Act aims to bolster election integrity and protect donor privacy.

Potential Benefits

  • Reduces foreign influence in U.S. elections.
  • Protects the privacy of donors to tax-exempt organizations.
  • Enhances enforcement mechanisms against illegal foreign contributions.
  • Increases transparency in campaign finance.
  • Strengthens the integrity of the electoral process.

Potential Disadvantages

  • May create additional administrative burdens for political committees and tax-exempt organizations.
  • Could potentially hinder legitimate voter registration and get-out-the-vote efforts if overly restrictive.
  • Might lead to increased litigation related to campaign finance regulations.
  • Potential for chilling effect on donations to tax-exempt organizations due to privacy concerns, despite the intent to protect donors.
  • Could limit the scope of investigations into potential violations.

Constitutional Alignment

The bill aligns with the Constitution by seeking to protect the integrity of elections, which is essential for a representative democracy. Congress has the power to regulate federal elections, as outlined in Article I, Section 4. The First Amendment protects freedom of speech and association, but this is not absolute and can be reasonably regulated to prevent foreign interference in elections.

The provisions protecting donor privacy could be seen as supporting freedom of association, as they prevent the government from unduly disclosing private information. However, the balance between transparency and privacy in campaign finance is a complex constitutional issue that has been debated extensively.

The enforcement provisions and penalties are consistent with the government's power to enforce laws and punish violations, as long as they adhere to due process requirements.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).