SB 152 - This act creates new provisions relating to foreign spending in state ballot measure campaigns. This act is incorporated into the campaign finance chapter (130) and is subject to already existing campaign finance definitions. Upon forming a campaign committee to support or oppose any ballot measure, the treasurer of the committee is required to file an accompanying certificate declaring that no preliminary activity, as that term is defined in the act, was funded, directly or indirectly, by prohibited sources, defined as any contribution from or expenditure by a foreign national. Furthermore, after a campaign committee has been formed, the committee may not knowingly or willfully receive, solicit, or accept contributions or expenditures from a prohibited source, whether directly or indirectly.
The act requires donors to campaign committees to affirm that the donor is not a foreign national and has not knowingly or willfully accepted funds aggregating in excess of $100,000 from one or more prohibited sources within the four-year period immediately preceding the date the contribution is made.
Within 48 hours of making one or more expenditures supporting or opposing a ballot measure, an entity making an expenditure in support of or opposition to a ballot measure shall certify to the Missouri Ethics Commission (MEC) that it has not knowingly or willfully accepted funds aggregating in excess of $100,000 from one or more prohibited sources within the four-year period immediately preceding the date the expenditure is made and that it will not do so through the remainder of the calendar year in which the ballot measure will appear on the ballot.
If the MEC determines that an entity filing any disclosure report has accepted funds in aggregate from one or more prohibited sources in excess of the applicable threshold described in this act within the four-year period immediately preceding the contribution or expenditure at issue it shall create a presumption that the entity has violated this act.
The act specifically prohibits foreign nationals from:
• Directing, dictating, controlling or directly or indirectly participating in the decision-making process of any person with regard to that person's activities to influence a ballot measure; and
• Soliciting, directly or indirectly, the making of a donation, contribution or expenditure by another person to influence a ballot measure.
The act gives the MEC the authority to investigate complaints of violations of this act under the same structure and process as the MEC investigates complaints of campaign finance law currently. Additionally, collection of information pursuant to this act shall be done so in accordance with the Personal Privacy Protection Act and any public disclosure shall be considered a violation of the Personal Privacy Protection Act subject to civil action and penalties, as provided in that act.
SCOTT SVAGERA