49-1479.03. Foreign national; ballot question committee; prohibited acts; fines; administrative fees; exception.
639 words·~3 min read·
/ne/chapter-49/49-1479-03A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)It shall be unlawful for a foreign national, directly or indirectly, to make a contribution to a ballot question committee or for a ballot question committee to solicit, accept, or receive such a contribution.
(2)It shall be unlawful for a foreign national to directly or indirectly make an expenditure to support or oppose the qualification, passage, or defeat of a ballot question.
(3)It shall be unlawful for a foreign national to directly or indirectly solicit the making of a contribution or expenditure by another person or committee to support or oppose the qualification, passage, or defeat of a ballot question.
(4)It shall be unlawful for a foreign national to direct, dictate, control, or directly or indirectly participate in the decisionmaking process of any person or committee regarding that person's or committee's activities to support or oppose the qualification, passage, or defeat of a ballot question, including decisions concerning the making of contributions or expenditures.
(5)A person, other than an individual, organized under the laws of the United States which is a domestic subsidiary of a foreign national may make a contribution or an expenditure to support or oppose the qualification, passage, or defeat of a ballot question if:
(a)The person is a discrete entity organized under the laws of any state within the United States and its principal place of business is within the United States;
(b)The foreign national parent does not finance election-related contributions or expenditures either directly or through such person, including through subsidizing the person's business operations, unless the person can demonstrate by a reasonable accounting method that it has sufficient funds from its own domestic operations to make any contributions or expenditures; and
(c)All decisions concerning the administration of the person's contributions or expenditures are made by citizens or permanent residents of the United States.
(6)Upon a ballot question committee's receipt of a contribution, the committee treasurer shall obtain from the donor an affirmation that the donor is not a foreign national and has not intentionally accepted funds aggregating in excess of one hundred thousand dollars from one or more foreign nationals within the four-year period immediately preceding the date the contribution is made.
(7)(a) A ballot question committee violating subsection
(1)of this section shall be fined the amount of the prohibited contribution or one hundred thousand dollars, whichever is greater.
(b)A foreign national that made a contribution or an expenditure in violation of this section or a person who made a contribution or expenditure on behalf of a foreign national shall be fined the amount of the prohibited contribution or expenditure plus one hundred thousand dollars.
(8)Nothing in this section shall be deemed to create or eliminate any existing donor disclosure rights or duties beyond those specifically enumerated.
(9)In addition to any fine issued pursuant to this section, the commission may assess against any person found to have violated this section an administrative fee in an amount equal to the reasonable and actual costs incurred by the commission in investigating and adjudicating the violation. The administrative fee shall be payable to the commission and shall be in addition to, not in lieu of, any other civil penalty, fine, or remedy provided by law. The commission shall determine the amount of the fee based upon documented expenditures directly attributable to any investigative or enforcement actions, including, but not limited to, staff time, legal expenses, expert services, travel, and administrative costs.
(10)Nothing in this section shall be construed to prohibit a foreign national from volunteering or engaging in nonmonetary advocacy, including, but not limited to, the sending of electronic communications that advocate for a ballot committee or ballot measure, unless such activities constitute a contribution or expenditure.
(11)The commission may adopt and promulgate rules and regulations to carry out this section.