An Act To Prohibit Contributions, Expenditures and Participation by Foreign Nationals To Influence Referenda (AFTER DEADLINE)
Maine Legislature, Session 129, LD 2136
Committee: Veterans and Legal Affairs
Sponsors: ACKLEY, JACKSON, ANDREWS, DOLLOFF, GIDEON, HICKMAN, SCHNECK, CYRWAY, LUCHINI
Amends: 21-A MRSA §1064

Legislative Document
No. 2136
H.P. 1526
House of Representatives, March 5, 2020
An Act To Prohibit Contributions, Expenditures and Participation 
by Foreign Nationals To Influence Referenda
(AFTER DEADLINE)
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ACKLEY of Monmouth.
Cosponsored by President JACKSON of Aroostook and
Representatives: ANDREWS of Paris, DOLLOFF of Rumford, Speaker GIDEON of Freeport, 
HICKMAN of Winthrop, McCREIGHT of Harpswell, SCHNECK of Bangor, Senators: 
CYRWAY of Kennebec, LUCHINI of Hancock.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period in order to apply in the current election cycle; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  21-A MRSA §1064 is enacted to read:
§1064.  Contributions, expenditures and participation by foreign nationals 
prohibited
1.  Definition.  As used in this section, unless the context otherwise indicates, 
"foreign national" means a foreign national as defined in 52 United States Code, Section 
30121(b) (2020) and an entity with respect to which a foreign national holds, owns, 
controls or otherwise has direct or indirect beneficial ownership of 50% or more of the 
total equity, outstanding voting shares, membership units or other applicable ownership 
interests.
2.  Contribution prohibited.  A foreign national may not make, directly or 
indirectly, a contribution of money or anything of value to influence a referendum.
3.  Solicitation or acceptance of contribution prohibited.  A person may not 
solicit, accept or receive a contribution described in subsection 2 from a foreign national.
4.  Expenditure prohibited.  A foreign national may not make, directly or indirectly, 
an expenditure to influence a referendum.
5.  Participation prohibited.  A foreign national may not direct, dictate, control or 
directly or indirectly participate in the decision-making process of any person with regard 
to that person's activities to influence a referendum, such as decisions concerning the 
making of contributions or expenditures to influence a referendum.
6.  Violation; penalty.  Notwithstanding section 1004, subsection 1, a person that 
violates this section commits a civil violation for which a fine of not more than $100,000 
or twice the amount of the contribution or expenditure involved in the violation, 
whichever is greater, may be adjudged.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill provides that a foreign national may not:
1.  Make, directly or indirectly, a contribution of money or anything of value to 
influence a referendum;
2.  Make, directly or indirectly, an expenditure to influence a referendum; or
3.  Direct, dictate, control or directly or indirectly participate in the decision-making 
process of any person with regard to that person's activities to influence a referendum, 
such as decisions concerning the making of contributions or expenditures to influence a 
referendum.
It also provides that a person may not solicit, accept or receive a contribution to 
influence a referendum from a foreign national.