foreign donations; election administration; certification

Plain English Breakdown

The bill summary does not provide specific details on enforcement mechanisms or allocated resources for enforcement.

Foreign Donations; Election Administration Certification

This bill requires individuals or organizations providing money or resources for election administration to certify they have not received foreign donations before entering into agreements with government entities.

What This Bill Does

• Requires any person other than a government entity to provide a certification to the Secretary of State stating that they are not knowingly the recipient, directly or indirectly, of foreign donations at least ten business days prior to entering into an agreement for election administration.
• Necessitates annual updates and immediate updates if new information about foreign donations is discovered within five business days.
• Requires the Secretary of State to maintain records of certifications and post them online, as well as to monitor compliance with quarterly reports from government entities.
• Invalidates any agreements between a person and a government entity if an accurate certification is not provided or updated.
• Classifies knowingly failing to provide an accurate initial or updated certification as a class 1 misdemeanor.
• Allows the Attorney General to file actions for injunctions, damages of at least $5,000 per violation, and other relief that the court may provide.
• Enables any qualified voter or state officer to sue for violations of the certification requirement and receive injunctive relief, damages, costs, and attorney fees.

Who It Names or Affects

• People and organizations providing money or resources for election administration in Arizona.
• Government entities conducting elections who must report on those they contract with for election services.
• The Secretary of State's office which is responsible for maintaining records and enforcing the certification requirement.

Terms To Know

foreign donations

Money or resources given by foreign entities to individuals or organizations involved in election administration.

certification

A formal statement under penalty of perjury confirming that an individual or organization is not a recipient of foreign donations.

Limits and Unknowns

• The bill does not specify the exact penalties for government entities failing to comply with reporting requirements.
• It remains unclear how this legislation will be enforced and what resources will be allocated for enforcement.

Official Summary Text

SB1289 - 572R - Senate Fact Sheet

Assigned to
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COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
S.B. 1289

foreign donations
election administration; certification

Purpose

Requires any
person who intends to enter into an agreement with a government entity to
provide monies or resources for election administration to certify with the
Secretary of State (SOS) that the person is not a knowing recipient of foreign
donations.

Background

The Federal
Election Campaign Act of 1971 (Act) prohibits a foreign national from directly
or indirectly participating in the decision making process regarding a person's
federal or

non-federal election related activities, including by way of: 1) a contribution
or donation of money or other thing of value in connection with a federal,
state or local election; 2) a contribution or donation to a committee of a
political party; or 3) an expenditure, independent expenditure or disbursement
for electioneering communication. In 2021, the Federal Elections Commission
determined that spending specifically related to ballot initiatives is
generally outside the purview of the Act because such spending is not in
connection with elections as defined by the Act

(
52
U.S.C. 30121
;
FEC
).

Statute
prohibits the state or a city, town, county, school district or other public
body that conducts or administers elections from receiving or expending private
monies for the purpose of preparing for, administering or conducting an
election, including to register voters (
A.R.S.

� 16-407.01
).

There is no anticipated fiscal impact to the state General Fund
associated with this legislation.

Provisions

1.

Requires any person other than a government entity, at least 10 days
prior to entering into any agreement, membership or program with a government
entity to provide monies or in-kind goods or services for election
administration, to provide a dated and sworn certification to the SOS that,
under penalty of perjury, the person is not a knowing recipient of direct or
indirect foreign donations.

2.

Requires the person to update the foreign donation certification
annually.

3.

Requires a person, if the person obtains information unknown at the time
of initial certification, to update the initial certification within five business
days to reflect the new information and to include a new statement that the
person is not knowingly the direct or indirect recipient of foreign donations.

4.

Requires
the SOS to:

a)

maintain records of submitted foreign donation certifications and to
post the foreign donation certifications on the SOS's website;

b)

require government entities to provide the SOS a quarterly report of all
persons or vendors that provide services for election administration to the
government entity; and

c)

notify
a government entity by email if the government entity fails to file a quarterly
report as outlined, and to advise the government entity of possible enforcement
actions.

5.

Stipulates
that a failure to provide an accurate foreign donation certification:

a)

invalidates any agreement between the person and a government entity;
and

b)

bars
a state, county or local government entity from entering into or continuing any
agreement with the person.

6.

Classifies knowingly failing to provide an accurate initial or updated
foreign donation certification to the SOS as a class 1 misdemeanor.

7.

Allows the Attorney General to file an action regarding a person's
knowing violation of the foreign donation prohibition or certification
requirement.

8.

Specifies
that a foreign donation violation action may include a request for:

a)

an injunction;

b)

damages of at least $5,000 for each knowing violation; and

c)

other
relief that the court may provide.

9.

Allows any qualified elector or state officer to initiate a civil action
to enjoin a foreign donation violation or enforce any requirement relating to
disclosure of foreign donations.

10.

Requires the court to award
a prevailing civil claimant:

a)

injunctive relief sufficient to prevent the defendant from violations or
engaging in, acts that aid or abet foreign donation violations;

b)

damages in the amount of $1,000 per day from the date of noncompliance
until the defendant comes into compliance; and

c)

costs
and attorney fees.

11.

Specifies
that the remedies, duties, prohibitions and penalties associated with foreign
donation violations are in addition to all other causes of action, remedies or
penalties as provided by law.

12.

Defines

person
as an individual or a candidate, corporation or other entity or a
candidate committee, political action committee or political party.

13.

Becomes
effective on the general effective date.

Prepared by Senate Research

February 2, 2026

ZD/ci

Current Bill Text

SB1289 - 572R - S Ver

Senate Engrossed

foreign donations;
election administration; certification

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1289

AN
ACT

amending
title 16, chapter 4, article 1, Arizona Revised Statutes, by adding sections 16-407.04
and 16-407.05; relating to the conduct of elections.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Title 16, chapter 4, article 1,
Arizona Revised Statutes, is amended by adding sections 16-407.04 and
16-407.05, to read:

START_STATUTE
16-407.04.

Foreign donations; election administration; certification;
records; reports; violation; classification; definition

A.
At
least ten business days before any person, other than a government entity,
enters into any agreement, membership or program with any government entity to
provide monies or in-kind goods or services for election administration, the
person shall provide a certification to the secretary of state that includes a
dated and sworn statement, under penalty of perjury, that the person is not
knowingly the recipient, directly or indirectly, of foreign donations.� The
person shall annually update the certification. If the person
obtains information unknown at the time of the initial certification, the
person shall update the initial certification within five business days to
reflect the new information and shall include a new statement that the person
is not knowingly the recipient, directly or indirectly, of foreign donations.�

b. The secretary of state shall
maintain records of the certifications prescribed by this section and shall
post these certifications on the secretary of state's website.

c. The secretary of state shall
require government entities to provide to the secretary of state a quarterly
report that lists any person who provides monies or in-kind goods or services
to that government entity for election administration. The secretary
of state shall notify the government entity by email if the government entity
fails to file its certification or a quarterly report prescribed by this
section and advise the government entity that section 16-407.05 provides for possible
enforcement actions.

d. the failure to provide the
certification prescribed by this section or providing an inaccurate
certification to the secretary of state before entering into an agreement or
membership or participating in a program with a state, county or local
government entity invalidates any agreement, membership or program
participation and bars the state, county or local government entity from
entering into or continuing any agreement, membership or program participation
with the person.

e. A person who knowingly fails to
provide an accurate initial or updated certification as prescribed by this
section is guilty of a class 1 misdemeanor.

f. for the purposes of this section,
"person" means an individual or a candidate, corporation or other
entity or a committee as defined in section 16-901.
END_STATUTE

START_STATUTE
16-407.05.

Enforcement; attorney general; private right of action

A. The attorney general may file an
action regarding a knowing violation of section 16-407.04.� The action may
include a request for an injunction, damages of at least $5,000 for each
knowing violation and other relief that the court may provide. In
addition to the penalties prescribed by this section, any person that violates
section 16-407.04 is subject to all of the penalties prescribed in
section 16-407.04.

B. Any qualified elector and any
state officer may bring a civil action to do any or all of the following:

1. Enjoin a violation of section
16-407.04.

2. Enforce any provision of section
16-407.04.

C. If the claimant prevails in an
action brought under subsection B of this section, the court shall award:

1. Injunctive relief sufficient to
prevent the defendant from violating section 16-407.04 or engaging in acts that
aid or abet violations of section 16-407.04.

2. damages in the amount of $1,000
per day from the date of noncompliance until the defendant comes into
compliance.

3. Costs and attorney fees.

D. The remedies, duties, prohibitions
and penalties prescribed by this section and section 16-407.04 are in addition
to all other causes of action, remedies and penalties provided by law.
END_STATUTE