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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
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
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