Ban foreign funding for ballot measures

- 2025
69th Legislature 2025 HB 818
- 1 - Authorized Print Version – HB 818
ENROLLED BILL
AN ACT REVISING CAMPAIGN FINANCE LAWS; PROHIBITING A FOREIGN NATIONAL FROM
INTERFERING IN STATEWIDE BALLOT ISSUES; PROHIBITING A CONTRIBUTION, EXPENDITURE, OR
INDEPENDENT EXPENDITURE USING FUNDS RECEIVED FROM A FOREIGN NATIONAL; PROVIDING
DEFINITIONS; PROVIDING PENALTIES; AMENDING SECTIONS 13-37-501, 13-37-502, AND 13-37-503,
MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Prohibition on foreign national interference in statewide ballot issues. (1) It is
unlawful for a foreign national, directly or through an intermediary, to make a disbursement for an electioneering
communication, a contribution, or an expenditure, or to make an express or implied promise to make a
contribution or an expenditure, in connection with any statewide ballot issue.
(2) It is unlawful for a person to:
(a) solicit, accept, or receive any funds from a foreign national for any purpose described in
subsection (1); or
(b) make a contribution, expenditure, or independent expenditure using any funds the person
knows were received from a foreign national for any purpose described in this section.
(3) (a) Upon receipt of a contribution by a political committee created to support or to oppose a
ballot issue, the committee treasurer shall obtain from the donor an affirmation that the donor is not a foreign
national.
(b) Records of the donor affirmation received must be included in the treasurer's recordkeeping
obligations under 13-37-207 and 13-37-208.
Section 2. Section 13-37-501, MCA, is amended to read:
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69th Legislature 2025 HB 818
- 2 - Authorized Print Version – HB 818
ENROLLED BILL
"13-37-501. Definitions. As used in this part, the following definitions apply:
(1) "Entity" means a partnership, association, limited liability company, joint venture, corporation,
or any other legal or commercial organization, or a combination of entities.
(2) "Foreign national" means:
(a) a government of a foreign country;
(b) a political party of a foreign country;
(c) an entity located outside of the United States unless that entity:
(i) is organized under or created under federal law, state law, or the law of another place subject
to the jurisdiction of the United States; and
(ii) has its principal place of business within the United States;
(d) an entity that:
(i) is organized under the laws of a foreign country; or
(ii) has its principal place of business in a foreign country; and
(e) an individual who is not lawfully admitted for the privilege of residing permanently in the United
States as an immigrant in accordance with immigration laws and who is not:
(i) a citizen of the United States; or
(ii) a person who, though not a citizen of the United States, owes permanent allegiance to the
United States; and
(f) any U.S. entity that is wholly or majority owned by any foreign national, unless:
(i) the entity employs individuals who pay income tax to the state of Montana and the entity pays
property taxes to a taxing authority in the state of Montana; or
(ii) (A) any contribution or expenditure it makes derives entirely from funds generated by the U.S.
entity’s U.S. operations; and
(B) all decisions concerning the contribution or expenditure are made by individuals who are U.S.
citizens or permanent residents, except for setting overall budget amounts."
Section 3. Section 13-37-502, MCA, is amended to read:
"13-37-502. Prohibition on foreign national interference in election. (1) It is unlawful for a foreign
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69th Legislature 2025 HB 818
- 3 - Authorized Print Version – HB 818
ENROLLED BILL
national, directly or through an intermediary, to make a disbursement for an electioneering communication, a
contribution, or an expenditure, or to make an express or implied promise to make a contribution or an
expenditure, in connection with any candidate election.
(2) It is unlawful for a person to:
(a) solicit, accept, or receive a contribution, expenditure, or disbursement described in subsection
(1) from a foreign national; or
(b) make a contribution, expenditure, or independent expenditure using any funds the person
knows were received from a foreign national for any purpose described in this section.
(3) To the extent that a potential violation of this section also violates 52 U.S.C. 30121 or 11 CFR
110.20, investigation and enforcement of the matter must be referred to the federal election commission. The
commissioner or a county attorney may not bring an enforcement action regarding the portion of the matter that
also violates 52 U.S.C. 30121 or 11 CFR 110.20."
Section 4. Section 13-37-503, MCA, is amended to read:
"13-37-503. Penalties. A person who violates 13-37-502 or [section 1] is liable in a civil action
pursuant to 13-37-128."
Section 5. Codification instruction. [Section 1] is intended to be codified as an integral part of Title
13, chapter 37, part 5, and the provisions of Title 13, chapter 37, part 5, apply to [section 1].
Section 6. Effective date. [This act] is effective on passage and approval.
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I hereby certify that the within bill,
HB 818, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 818
INTRODUCED BY B. MITCHELL, V. RICCI, L. SCHUBERT, M. VINTON, S. KELLY, S. KLAKKEN, E. ALBUS,
K. LOVE, A. NICASTRO, G. OVERSTREET, T. SHARP, E. BYRNE, R. GREGG, C. SCHOMER, C.
COCHRAN, T. MILLETT, E. TILLEMAN, D. EMRICH, J. FULLER, S. GIST, C. HINKLE, R. MARSHALL, N.
NICOL, A. REGIER, C. SPRUNGER, S. VANCE, M. REGIER, C. GLIMM, B. LER, R. MINER, G. OBLANDER,
K. ZOLNIKOV, J. ETCHART, L. DEMING, F. NAVE, B. USHER, J. GILLETTE, L. BREWSTER, N. DURAM, T.
FALK, P. FIELDER, G. KMETZ, F. MANDEVILLE, T. MCGILLVRAY, G. NIKOLAKAKOS, M. NOLAND, K.
SEEKINS-CROWE, Z. WIRTH, S. MANESS, K. BOGNER, B. BEARD, S. ESSMANN, J. HINKLE, B. PHALEN
AN ACT REVISING CAMPAIGN FINANCE LAWS; PROHIBITING A FOREIGN NATIONAL FROM
INTERFERING IN STATEWIDE BALLOT ISSUES; PROHIBITING A CONTRIBUTION, EXPENDITURE, OR
INDEPENDENT EXPENDITURE USING FUNDS RECEIVED FROM A FOREIGN NATIONAL; PROVIDING
DEFINITIONS; PROVIDING PENALTIES; AMENDING SECTIONS 13-37-501, 13-37-502, AND 13-37-503,
MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.