Honest Elections Act

To amend the Foreign Agents Registration Act of 1938 to clarify the coverage of political activities directed within the United States by agents of foreign principals outside of the United States, to amend the Federal Election Campaign Act of 1971 to clarify the application of disclaimer rules for political advertisements which are disseminated online and to reduce the incidence of illicit foreign money in elections, to amend the Help America Vote Act of 2002 to prohibit the collection and transmission of ballots by third parties in elections for Federal office and to prohibit the availability of funds under such Act to States which permit non-citizens to vote in elections for public office, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Honest Elections Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Foreign Agents Registration Reform Sec. 101. Clarification of coverage of activities directed within the United States by agents outside of the United States. Sec. 102. Application of press exemption to other forms of media. Sec. 103. Treatment of activities to influence public opinion on elections as political activity. Sec. 104. Effective date. Title II—Disclaimer Requirements for Online Political Advertisements Sec. 201. Clarifying disclaimer requirements for online political advertisements. Title III—Reducing Illicit Foreign Money in Elections Sec. 301. Report on illicit foreign money in Federal elections. Sec. 302. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda. Title IV—Prohibiting payment of election assistance funds to States allowing ballot harvesting Sec. 401. Prohibition on payments to States allowing collection and transmission of ballots by certain third parties. Title V—Prohibiting payment of election assistance funds to States allowing voting by non-citizens Sec. 501. Prohibition on payments to States allowing voting by non-citizens. I Foreign Agents Registration Reform 101. Clarification of coverage of activities directed within the United States by agents outside of the United States (a) Treatment of agents engaged in activities as agents of foreign principals Section 1(c)(1) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611(c)(1) (1) by striking or (2) by striking and or (3) by adding at the end the following new clause: (v) engages outside the United States in political activities for or in the interests of such foreign principal which are directed at persons within the United States, including activities consisting of communications disseminated within the United States through telecommunications or computer equipment or services, the Internet, broadcast, cable, satellite, print, or mail; and . (b) Conforming amendment Section 9 of such Act ( 22 U.S.C. 619 , and shall be applicable outside the United States to the extent described in section 1(c)(1)(v). 102. Application of press exemption to other forms of media (a) Application Section 1(d) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611(d)(1) (d) The term agent of a foreign principal . (b) Definition Section 1 of such Act ( 22 U.S.C. 611 (q) The term media outlet (1) Any newspaper, magazine, or periodical. (2) Any broadcast, satellite or cable television or radio station. (3) Any Internet-based website, application, or platform. . 103. Treatment of activities to influence public opinion on elections as political activity Section 1(o) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611(o) , or with reference to public opinion about public officials, candidates, or elections of the United States. 104. Effective date The amendments made by this title shall apply with respect to activities carried out on or after the date of the enactment of this Act. II Disclaimer Requirements for Online Political Advertisements 201. Clarifying disclaimer requirements for online political advertisements (a) Clarification Section 318 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120 (e) Application of requirements to online communications (1) Method of provision of information Except as provided in paragraph (2) or paragraph (3), a covered Internet communication shall provide the information required under this section on the face of the communication. (2) Authorizing use of alternative mechanisms (A) In general In the case of a covered Internet communication described in subparagraph (C) of paragraph (4), the communication may provide the information required under this section through the use of a technological mechanism described in subparagraph (B), so long as the communication presents an indicator described in subparagraph (C). (B) Technological mechanism described A technological mechanism described in this subparagraph is, with respect to a communication, any technology which enables the individual reading, observing, or listening to the communication to read, observe, or listen to the information required under this section without navigating more than one step away from the communication itself. Such mechanism may take any form, including hover-over, mouse-over, voice-over, rollover, pop-up screen, scrolling text, rotating panels, or click-through or hyperlink to a landing page. (C) Indicator described An indicator described in this subparagraph is, with respect to a communication, any clear and conspicuous visible or audible element of the communication that gives notice to the individual reading, observing, or listening to the communication that the individual may read, observe, or listen to the information required under this section through a technological mechanism. An indicator may take any form, including words such as Paid for by Paid by Sponsored by Ad by (3) Waiver A disclaimer shall not be required for any covered Internet communication that cannot provide a clear and conspicuous statement of the information required under this section either on the face of communication or through the use of a technological mechanism under paragraph (2). (4) Covered Internet communication defined In this subsection, the term covered Internet communication (A) Any electronic mailing of more than 500 substantially similar communications which is disseminated by a political committee. (B) Any communication disseminated on a publicly available website of a political committee. (C) Any communication placed for a fee on another person’s website or Internet-based application or platform. . (b) Effective date The amendments made by this section shall apply with respect to communications made after the expiration of the 30-day period which begins on the date of the enactment of this Act. III Reducing Illicit Foreign Money in Elections 301. Report on illicit foreign money in Federal elections (a) In general Title III of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 319A. Report on presence of illicit foreign money (a) Report Not later than 180 days after the end of each Federal election cycle, the Commission shall submit to Congress a report containing— (1) an analysis of the presence of illicit foreign money in such cycle; and (2) recommendations to address the presence of illicit foreign money in elections, as appropriate. (b) Definitions As used in this section: (1) The term Federal election cycle (2) The term illicit foreign money . (b) Effective date The amendment made by subsection (a) shall apply with respect to the Federal election cycle that began during November 2018, and each succeeding Federal election cycle. 302. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda (a) In general Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1)(A) election election, including a State or local ballot initiative or referendum (b) Effective date The amendment made by this section shall apply with respect to elections held in 2020 or any succeeding year. IV Prohibiting payment of election assistance funds to States allowing ballot harvesting 401. Prohibition on payments to States allowing collection and transmission of ballots by certain third parties (a) In general Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 7 Prohibition on payments to States allowing collection and transmission of ballots by certain third parties 297. Eligibility for payments of States allowing collection and transmission of ballots by certain third parties (a) In general A State is not eligible to receive funds under this Act unless the State has in effect a law that prohibits an individual from the knowing collection and transmission of a ballot in an election for Federal office that was mailed to another person, other than an individual described as follows: (1) An election official while engaged in official duties as authorized by law. (2) An employee of the United States Postal Service while engaged in official duties as authorized by law. (3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law. (4) A family member, household member, or caregiver of the person to whom the ballot was mailed. (b) Definitions For purposes of this section, with respect to a person to whom the ballot was mailed: (1) The term caregiver (2) The term family member (3) The term household member . (b) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 296 the following new item: Part 7—Prohibition on payments to States allowing collection and transmission of ballots by certain third parties Sec. 297. Eligibility for payments of States allowing collection and transmission of ballots by certain third parties. . V Prohibiting payment of election assistance funds to States allowing voting by non-citizens 501. Prohibition on payments to States allowing voting by non-citizens (a) In general Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 8 Prohibition on payments to States allowing voting by non-Citizens 298. Eligibility for payments of States allowing voting by non-citizens A State is not eligible to receive funds under this Act if the State allows an individual who is not a citizen of the United States to vote in an election for public office. . (b) Clerical amendment The table of contents for such Act, as amended by section 401, is further amended by inserting after the item relating to section 297 the following new item: Part 8—Prohibition on payments to States allowing voting by non-Citizens Sec. 298. Eligibility for payments of States allowing voting by non-citizens. .

Summary: Honest Elections Act This bill modifies registration requirements for foreign agents who engage in political activities, requires that certain disclosures be made in online political communications, and prohibits a state from receiving certain election assistance funds if the state allows ballot harvesting or voting by noncitizens.