The U.S. political process must be protected from foreign influence.

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From the Desk of Trevor Potter
Dear John,

I imagine when most people think about foreign influence in our elections, they remember 2016 when government investigations found the presidential race was marred by Russian disinformation campaigns and hacking operations. Or they may think about recent reporting by The New York Times ([link removed]) on China using similar tactics during the current election cycle.

This kind of interference is alarming and must be dealt with. It’s also just one example of how foreign governments, foreign nationals and foreign-owned corporations are working to influence the political process in this country.

Our system of self-government is supposed to operate free from foreign intervention.
It is in fact illegal for foreign nationals to spend money in U.S. elections. Furthermore, the Foreign Agents Registration Act (enacted when Nazi Germany was trying to influence U.S. public opinion) requires anybody doing political or advocacy work in the U.S. on behalf of foreign entities to register with the Department of Justice and comply with robust disclosure requirements. We cannot achieve freedom from foreign involvement without enforcing campaign finance laws already on the books. We also must not allow foreign entities to exploit loopholes in those laws.

Federal election law is crystal clear about prohibiting campaign contributions from foreign nationals, including foreign-owned corporations. That doesn’t stop some from trying. Just this past summer, CLC filed a complaint ([link removed]) with the Federal Election Commission (FEC) over more than $100,000 in contributions by a Canadian corporation that benefited the political operation of Florida Governor Ron DeSantis.

The ban on direct contributions also has not stopped money from outside the U.S. from flowing into our elections ([link removed]) , particularly when it comes to citizen-backed ballot initiatives. As an example, the state of Maine has seen tens of millions of dollars spent by foreign government-owned corporations in opposition to ballot measures related to the regulation of electric utilities. To learn more about this issue, I highly recommend listening to the episode “Of, By and For the People,” ([link removed]) from the first season of CLC’s award-winning podcast “Democracy Decoded.”

In my view, this type of spending is no different from a foreign entity contributing directly to a candidate’s campaign. The goal of exerting influence over the political process is the same. Lawmakers across the country seem to agree with this point of view. Maine and at least ten other states have tried to ban independent spending during elections by foreign-owned companies.

The U.S. Supreme Court solidified the legal basis for banning foreign interference in 2012, affirming a lower court ruling ([link removed]) that said citizens have a compelling interest in preventing foreign influence over the U.S. political process.

CLC is supporting efforts to defend such a law in Minnesota, the Democracy for the People Act ([link removed]) . It prohibits independent spending and campaign contributions by corporations that are partially owned by foreign investors in connection with state and local elections or a ballot initiative.

It is important to note that limiting the participation of foreign entities in our political process is an impulse that is as old as the nation itself ([link removed]) . The framers who wrote the U.S. Constitution for example included what is known as the “emoluments clause,” which seeks to limit foreign influence by forbidding federal officers from accepting gifts from “any King, Prince, or foreign State.” George Washington warned against the “insidious wiles of foreign influence” in his farewell address.

This attitude reflects a decision we made a long time ago in this country about who should have the most influence over our elected officials and our laws. Foreign governments and individuals have plenty of other ways to make their views heard on issues they care about. The ability to directly impact the political process, however, must remain solely in the hands of the people who politicians are pledged to represent.
Sincerely,

Trevor Potter
President, Campaign Legal Center

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