Title: Honest Elections Act
Policy area: Government Operations and Politics

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.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4736 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4736

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 18, 2019

   Mr. Rodney Davis of Illinois (for himself, Mr. Diaz-Balart, Miss 
  Gonzalez-Colon of Puerto Rico, Mr. Bacon, Ms. Herrera Beutler, Mr. 
Posey, Mr. King of New York, Mr. Walker, Ms. Stefanik, Mr. Stauber, and 
 Mr. Steube) introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committee on 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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.

              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.

    (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)), is amended--
            (1) by striking ``or'' at the end of clause (iii);
            (2) by striking ``and'' at the end of clause (iv) and 
        inserting ``or''; and
            (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) is 
amended by striking the period at the end and inserting the following: 
``, and shall be applicable outside the United States to the extent 
described in section 1(c)(1)(v).''.

SEC. 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)), is amended to read as 
follows:
    ``(d) The term `agent of a foreign principal' does not include any 
bona fide media outlet organized under the laws of the United States or 
of any State or other place subject to the jurisdiction of the United 
States, or any bona fide media outlet for which there is on file with 
the United States Postal Service information in compliance with section 
3685 of title 39, United States Code, published in the United States, 
solely by virtue of any bona fide news or journalistic activities, 
including the solicitation or acceptance of paid advertisements, 
subscriptions, free social media access which is made available to the 
general public, or other compensation therefor, so long as it is at 
least 80 per centum beneficially owned by, and its officers and 
directors, if any, are citizens of the United States, and such media 
outlet is not owned, directed, supervised, controlled, subsidized, or 
financed, and none of its policies are determined by, any foreign 
principal defined in subsection (b), or by any agent of a foreign 
principal required to register under this Act.''.
    (b) Definition.--Section 1 of such Act (22 U.S.C. 611) is amended 
by adding at the end the following new subsection:
    ``(q) The term `media outlet' means any of the following:
            ``(1) Any newspaper, magazine, or periodical.
            ``(2) Any broadcast, satellite or cable television or radio 
        station.
            ``(3) Any Internet-based website, application, or 
        platform.''.

SEC. 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)), is amended by striking the semicolon at the 
end and inserting the following: ``, or with reference to public 
opinion about public officials, candidates, or elections of the United 
States.''.

SEC. 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.

 TITLE II--DISCLAIMER REQUIREMENTS FOR ONLINE POLITICAL ADVERTISEMENTS

SEC. 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) is amended by adding at the end the 
following new subsection:
    ``(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', or `Ad by', a 
                website URL, an image, a sound, a symbol, or an icon.
            ``(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' means any 
        communication which is required to include information under 
        this section and which is any of the following:
                    ``(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.

         TITLE III--REDUCING ILLICIT FOREIGN MONEY IN ELECTIONS

SEC. 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 et seq.) is amended by inserting after section 
319 the following new section:

``SEC. 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' means the period 
        which begins on the day after the date of a regularly scheduled 
        general election for Federal office and which ends on the date 
        of the first regularly scheduled general election for Federal 
        office held after such date.
            ``(2) The term `illicit foreign money' means any 
        disbursement by a foreign national (as defined in section 
        319(b)) prohibited under such section.''.
    (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.

SEC. 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)) is amended by striking 
``election'' and inserting the following: ``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.

 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.

    (a) In General.--Subtitle D of title II of the Help America Vote 
Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding at the end 
the following new part:

  ``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.

    ``(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' means an individual who provides 
        medical or health care assistance to such person in a 
        residence, nursing care institution, hospice facility, assisted 
        living center, assisted living facility, assisted living home, 
        residential care institution, adult day health care facility, 
        or adult foster care home.
            ``(2) The term `family member' means an individual who is 
        related to such person by blood, marriage, adoption or legal 
        guardianship.
            ``(3) The term `household member' means an individual who 
        resides at the same residence as such person.''.
    (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.''.

  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.

    (a) In General.--Subtitle D of title II of the Help America Vote 
Act of 2002 (52 U.S.C. 21001 et seq.), as amended by section 401, is 
further amended by adding at the end the following new part:

  ``PART 8--PROHIBITION ON PAYMENTS TO STATES ALLOWING VOTING BY NON-
                                CITIZENS

``SEC. 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.''.
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