PREFILED NOV 17 2025
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REFERENCE TITLE: constitutional amendments; foreign contributions prohibited |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2009 |
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Introduced by Representative Kupper
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AN ACT
amending title 16, chapter 6, article 1.2, Arizona Revised Statutes, by adding section 16-914.01; relating to campaign contributions and expenses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 16, chapter 6, article 1.2, Arizona Revised Statutes, is amended by adding section 16-914.01, to read:
16-914.01. Contributions regarding constitutional amendments; foreign nationals; exceptions; disclosures; enforcement; violation; classification; definitions
A. Notwithstanding any other law, a committee that is organized primarily for the purpose of influencing the outcome of a ballot proposition that proposes an amendment to the Constitution of Arizona, including through the collection of signatures for an initiative petition or through the support of or opposition to the ballot proposition during an election cycle, shall not accept or use any contribution from a foreign national.
B. This section does not apply to:
1. Contributions from federal political committees that are registered with the federal election commission if the contributions comply with federal law and do not originate from a foreign national.
2. Independent expenditures that are made directly by a person or entity without coordination with a committee.
3. In-kind contributions of volunteer services if no monetary value is attached and the volunteer is not a foreign national.
C. A committee shall:
1. Verify that each contributor is not a foreign national through reasonable means, including requiring the contributor to submit a sworn certification attesting that the CONTRIBUTOR is not a foreign national and, if the contributor is an entity, to provide information on ownership or control.
2. Return or refund any prohibited contribution within ten business days after discovery.
3. File reports with the secretary of state on the schedule prescribed by section 16-927 that disclose:
(a) The aggregate amount and percentage of contributions that are received from residents and in-state entities.
(b) The aggregate amount and percentage of contributions that are received from nonresidents.
(c) For any contribution of $5,000 or more from a nonresident or out-of-state entity, the contributor's name, address and state of residence or principal place of business.
(d) Any other reporting requirements prescribed in this chapter.
4. If the committee receives more than twenty percent of its total funding from nonresidents or out-of-state entities, include a prominent disclaimer in all campaign materials that states the percentage of out-of-state funding.
D. A knowing violation of this section is a class 1 misdemeanor. The attorney general or county attorney may bring an action to enforce this section and may impose civil penalties of up to three times the amount of the prohibited contribution.
E. For the purposes of this section:
1. "Ballot proposition" means an initiative or referendum measure that is placed on the ballot for voter approval and that proposes an amendment to the Constitution of Arizona.
2. "Committee" includes a separate segregated fund that is organized to support or oppose a ballot proposition.
3. "Foreign national" means:
(a) An individual who is not a citizen of the United States or a national of the United States and who is not lawfully admitted for permanent residence in the United States.
(b) A government of or political party from a foreign country.
(c) A corporation, limited liability company, partnership, association or other entity that is organized under the laws of a foreign country or that has its principal place of business in a foreign country.
(d) A corporation, limited liability company, partnership, association or other entity that is organized under the laws of this state or another state in the United States if the corporation, limited liability company, partnership, association or other entity consists of either:
(i) An individual or entity that is listed in subdivision (a), (b) or (c) of this paragraph and that holds, owns, controls or otherwise has direct or indirect beneficial ownership of five percent or more of the total equity, outstanding voting shares, membership units or other applicable ownership interests of the entity.
(ii) Two or more individuals or entities that are listed in subdivision (a), (b) or (c) of this paragraph and that hold, own, control, or otherwise have direct or indirect beneficial ownership of an aggregate of twenty percent or more of the total equity, outstanding voting shares, membership units or other applicable ownership interests of the entity.
4. "Nonresident":
(a) Includes residents of other states.
(b) Does not include foreign nationals.
5. "Resident" means an individual who maintains a primary residence in this state and who is eligible to vote in this state's elections or who has resided in this state for at least one hundred eighty-three days in the preceding calendar year for tax purposes.
Sec. 2. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Sec. 3. Short title
This act may be cited as the "Arizona First Funding Act".