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House committee backs bill to bar foreign nationals from funding ballot initiatives
Summary
The House committee voted unanimously to favorably recommend House Bill 3 93, which would prohibit foreign nationals and foreign governments from knowingly contributing to ballot-initiative campaigns and require reporting and repayment of certain contributions.
Representative Perucci introduced House Bill 3 93, a measure to prohibit foreign nationals and foreign governments from contributing to or knowingly soliciting contributions for ballot initiatives in Utah.
Perucci said federal law already bars foreign nationals from contributing to candidates but leaves a gap for ballot initiatives; HB 3 93 would require anyone who knowingly receives a foreign contribution to report it to the lieutenant governor and, for sums over $500, remit the value to the state general fund. The bill also creates a criminal penalty for knowingly accepting or soliciting such contributions.
Committee members pressed the sponsor on enforcement and scope. Representative McPherson asked how the bill would treat online donations when a donor lists a U.S. address; Perucci said the bill includes a “knowingly” element and that prosecutions would be difficult when a donor appears to reside in the U.S. Representative Keltner asked about lawful noncitizens such as H‑1B or green card holders and whether volunteer activity or in‑kind help would trigger criminal liability; the sponsor and staff clarified that voluntary nonmonetary activity (handing out flyers) would not be a monetary contribution and that the knowingly standard protects inadvertent situations.
Public witnesses representing national watchdog groups and conservative policy organizations—Caitlin Sutherland of Americans Republic Trust, Jason Sneed of Honest Elections Project ACTION, and Nathan Duell of Heritage Action for America—testified in support of the bill and cited reporting that large sums from foreign donors have flowed into ballot campaigns in multiple states.
Committee members discussed language on “indirect” transfers and shell entities. Representative Thompson and others pressed the sponsor on whether the bill is broad enough to reach routed funds; Perucci said the draft includes “directly or indirectly” language and that she is working with counsel to clarify that standard. The sponsor also cited a recent Ohio law that faced litigation and said the Sixth Circuit upheld the restriction there.
After discussion, Representative Stoddard moved to favorably recommend HB 3 93. The committee took a voice vote and the motion passed unanimously.
Votes at a glance: House Bill 3 93 — Motion to favorably recommend passed by voice vote (unanimous).
