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HB214 ENROLLED
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HB214
TBS4N55-2
By Representatives Lomax, DuBose
RFD: Ethics and Campaign Finance
First Read: 14-Jan-26
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First Read: 14-Jan-26
Enrolled, An Act,
Relating to the Fair Campaign Practices Act; to amend
Section 17-5-15.1, Code of Alabama 1975; to define "foreign
national" and prohibit foreign national contributions and
donations to fund Alabama campaigns and noncandidate
elections; and to provide penalties for violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 17-5-15.1, Code of Alabama 1975, is
amended to read as follows:
"§17-5-15.1
(a)(1) 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)(2) Any person who intentionally knowingly and
willfully receives or expends campaign funds in violation of
subsection (a) subdivision (1) shall be guilty, upon
conviction, of a Class C felony.
(b)(1) A foreign national shall not make, directly or
indirectly, any of the following:
a. 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 noncandidate
election.
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election.
b. A contribution or donation to a committee of a state
or local political party.
c. A contribution or donation to a political action
committee.
d. An expenditure, independent expenditure, or
disbursement for an electioneering communication.
(2) 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
paragraph (1)a., (1)b., (1)c., or (1)d. from a foreign
national. A recipient of contributions or other funds
described in this subdivision does not violate this subsection
when the contribution or source includes credible evidence
demonstrating that the contributor or source of the funds is
not a foreign national.
(3)a. If a solicitation contains a notice or disclaimer
that funds are not being solicited from a foreign national,
there shall be a rebuttable presumption that a foreign
national was not solicited, as prohibited by this subsection.
b. A notice or disclaimer that funds are not being
solicited may be included with any notice or disclaimer
required under Section 17-5-12 or 17-5-13.
(4) This subsection does not apply to dues charged for
membership in an organization or fees collected for conference
attendance or sponsorship of an event hosted by the
organization itself so long as: (i) the organization is not a
foreign national; (ii) any dues or fees received by the
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foreign national; (ii) any dues or fees received by the
organization are only partially derived from foreign
nationals; and (iii) no decisions of the organization
regarding a candidate election or a noncandidate election are
dictated, directly or indirectly, by a foreign national.
(5) Any person who knowingly and willfully violates
subdivision (1) or (2) shall be guilty, upon conviction, of a
Class C felony.
(6) It is the intent of the Legislature that the
Secretary of State and the Alabama Ethics Commission use
available Federal Election Commission guidance and
interpretations of restrictions involving foreign national
campaign activities pursuant to 52 U.S.C. § 30121 where the
provisions are comparable to avoid federal and state
regulatory confusion and to minimize administrative burdens.
Other terms not specifically defined by the Alabama Fair
Campaign Practices Act, such as "independent expenditure,"
should likewise be construed.
(c) For purposes of this section, the following terms
have the following meanings:
(1) DIRECTLY OR INDIRECTLY. Acting either alone or
jointly with, through, or on behalf of any other noncandidate
election committee, political party, political action
committee, or principal campaign committee, organization,
person, or other entity.
(2) FOREIGN NATIONAL. a. Includes any of the following:
1. An individual who is not a citizen or lawful
permanent resident of the United States.
2. A government or subdivision of a foreign country or
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2. A government or subdivision of a foreign country or
municipality thereof.
3. A foreign political party.
4. 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.
5. 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.
b. The definition of "foreign national" should be
construed in pari materia with 52 U.S.C. § 30121 and the
regulations, interpretations, and guidance issued by the
Federal Election Commission pursuant to that law.
(3) NONCANDIDATE 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. "
Section 2. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 03-Feb-26.
John Treadwell
Clerk
Senate 05-Mar-26 Passed
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