Political Reform Act of 1974: contributions and expenditures by foreign nationals.

Plain English Breakdown

The official source material does not specify how foreign nationals will be identified or monitored, leaving this as an open question.

Foreign Nationals' Political Contributions

AB-953 expands existing rules to prohibit foreign nationals from making political contributions or expenditures in California.

What This Bill Does

• Expands the ban on contributions and expenditures by foreign governments and principals to include foreign nationals for state and local elections.
• Defines a 'foreign national' as someone who is not a U.S. citizen and not a lawful permanent resident, but excludes those with deferred action under DACA.
• Makes it illegal for people or committees to ask for or accept contributions from foreign nationals for political purposes.

Who It Names or Affects

• Foreign nationals who want to contribute money to California elections.
• People and committees that solicit or receive donations from foreign nationals for political campaigns.

Terms To Know

foreign national

A person who is not a citizen of the United States and is not a lawfully admitted permanent resident, except those with deferred action under DACA.

DACA

Deferred Action for Childhood Arrivals, a federal program that provides temporary protection from deportation and work authorization to eligible individuals who were brought to the U.S. as children.

Limits and Unknowns

• Does not specify how foreign nationals already in California will be identified or monitored.
• The bill does not require state reimbursement for local agencies or school districts, but it may still impose some costs on them.
• It requires a two-thirds vote of each house of the Legislature to amend the Political Reform Act.

Official Summary Text

AB 953, Pacheco.
Political Reform Act of 1974: contributions and expenditures by foreign nationals.
The Political Reform Act of 1974 provides for the comprehensive regulation of political campaigns, lobbying, and other matters relating to governmental ethics and elections. The act prohibits a foreign government or foreign principal from making any contribution, expenditure, or independent expenditure in connection with the qualification or support of, or opposition to, a state or local ballot measure or an election for a state or local office. The act prohibits a person or committee from soliciting or accepting a contribution from a foreign government or foreign principal for the same purposes. The act makes a violation of these prohibitions a misdemeanor.
This bill would expand the prohibitions described above to apply to foreign nationals. The bill would define “foreign national” as a person who is not a citizen of the United States and
who is not a lawfully admitted permanent resident. The bill would exclude from this definition a person who has been granted deferred action, and whose deferred action has not expired, under the federal Deferred Action for Childhood Arrivals (DACA) program, as described in guidelines issued by the United States Department of Homeland Security.
By expanding the scope of an existing crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Political Reform Act of 1974, an initiative measure,
provides that the Legislature may amend the act to further the act’s purposes upon a
2
/
3
vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.

Current Bill Text

Download Bill PDF