Preventing Foreign Interference in American Elections Act
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Sen. Hagerty, Bill [R-TN]
ID: H000601
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Bill Summary
The Preventing Foreign Interference in American Elections Act - because what America really needs is another layer of bureaucratic red tape to pretend we're doing something about foreign interference.
Let's dissect this legislative abomination, shall we?
**New Regulations:** This bill amends the Federal Election Campaign Act of 1971 to further restrict contributions from foreign nationals. Because, clearly, the existing laws weren't sufficient to prevent Russia from "influencing" our elections (wink, wink). The new regulations expand the definition of prohibited activities to include voter registration, ballot collection, and get-out-the-vote efforts.
**Affected Industries:** This bill affects anyone involved in election-related activities, including campaigns, PACs, and advocacy groups. But let's be real, it's just a thinly veiled attempt to stifle free speech and limit the influence of foreign-born individuals who might have differing opinions on American politics.
**Compliance Requirements:** The bill introduces new compliance requirements for organizations involved in election-related activities. They must now certify that no foreign nationals are involved in their operations, under penalty of perjury. Because nothing says "transparency" like a sworn affidavit from a politician or lobbyist.
**Enforcement Mechanisms and Penalties:** The Federal Election Commission (FEC) will be responsible for enforcing these new regulations. If they suspect a violation, they can launch an investigation, which will inevitably lead to a lengthy and costly process of bureaucratic wrangling. Penalties for non-compliance? Oh, just the usual: fines, reputational damage, and maybe even a few high-profile prosecutions to make it look like someone's doing something.
**Economic and Operational Impacts:** This bill will have a chilling effect on free speech and civic engagement. Organizations will be forced to spend more time and resources on compliance, rather than actual advocacy work. The added bureaucracy will stifle innovation and limit the ability of new organizations to participate in the democratic process. But hey, at least we'll have more paperwork to fill out!
In conclusion, this bill is a perfect example of legislative theater - all show, no substance. It's a cynical attempt to appear tough on foreign interference while actually doing nothing to address the real issues. The only thing it will accomplish is to further entrench the status quo and limit the voices of those who dare to challenge it.
Diagnosis: Terminal case of bureaucratic sclerosis, with symptoms including excessive regulation, stifling of free speech, and a healthy dose of hypocrisy. Prognosis: Poor. Treatment: None available, as the patient (i.e., our democracy) is already terminal.
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Sen. Hagerty, Bill [R-TN]
Congress 119 • 2024 Election Cycle
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Project 2025 Policy Matches
This bill shows semantic similarity to the following sections of the Project 2025 policy document. Higher similarity scores indicate stronger thematic connections.
Introduction
— 563 — Department of Justice Voter fraud includes unlawful practices concerning voter registration and ballot correction. When state legislatures are silent as to procedures for absentee ballot curing or provide specific rules governing that curing, neither counties nor courts may create a cure right where one does not exist, may not modify the law on curing, and certainly cannot engage in creating consent orders with the force of law that are inconsistent with the orders of other similarly situated counties. The DOJ has ceded substantial discretion concerning voter suppression to the Civil Rights Division. Since the Bush Administration, DOJ leadership has determined that using the Election Crimes Branch to prosecute fraudulent voter registration, including mail-in ballot fraud, was too politically costly.78 The Crim- inal Division’s Federal Prosecution of Election Offenses handbook advised that schemes that violated equal protection constituted “voter suppression” prosecut- able under 18 U.S. Code § 241 as part of the guidelines for which the department’s criminal prosecutors were trained.79 State-based investigations of election crimes are supposed to be referred to the Public Integrity Section for review. Historically, 18 U.S. Code § 241 (conspiracy against rights) was used as a basis for investigating state officials whose statements or orders violated the equal protection rights of voters or deliberately misinformed voters concerning the eligibility of their ballots. Nevertheless, the Department of Justice has formalized the Civil Rights Divi- sion’s (as opposed to the Criminal Division’s) jurisdiction over 18 U.S. Code § 241 investigations and prosecutions. The Criminal Division is no longer involved in consultation or review of 18 U.S. Code § 241 investigations.80 The Criminal Division has accordingly advised states that “[i]n the case of a crime of violence or intimida- tion,” they should “call 911 immediately and before contacting federal authorities” because “[s]tate and local police have primary jurisdiction over polling places,”81 despite clearly applicable federal law. This is a mistake. With respect to the 2020 presidential election, there were no DOJ investigations of the appropriateness or lawfulness of state election guidance. Consider the state of Pennsylvania. The Secretary of State sent guidance to the counties stating that: This revised guidance addresses the issuance, voting and examination of provisional ballots under the Election Code. Provisional ballots were originally mandated by section 302 of the Help America Vote Act of 2002 (HAVA). Provisional ballot amendments included in Act 77 of 2019 went into effect for the 2020 Primary election. Provisional ballot amendments included in Act 12 of 2020 go into effect for the first time on November 3, 2020.82 HAVA, however, mandates provisional ballots only for eligible voters who were not on a state’s voter registration list.83 It does not apply to those who registered for mail-in voting but whose ballots were rejected due to some form of spoliation.
Introduction
— 563 — Department of Justice Voter fraud includes unlawful practices concerning voter registration and ballot correction. When state legislatures are silent as to procedures for absentee ballot curing or provide specific rules governing that curing, neither counties nor courts may create a cure right where one does not exist, may not modify the law on curing, and certainly cannot engage in creating consent orders with the force of law that are inconsistent with the orders of other similarly situated counties. The DOJ has ceded substantial discretion concerning voter suppression to the Civil Rights Division. Since the Bush Administration, DOJ leadership has determined that using the Election Crimes Branch to prosecute fraudulent voter registration, including mail-in ballot fraud, was too politically costly.78 The Crim- inal Division’s Federal Prosecution of Election Offenses handbook advised that schemes that violated equal protection constituted “voter suppression” prosecut- able under 18 U.S. Code § 241 as part of the guidelines for which the department’s criminal prosecutors were trained.79 State-based investigations of election crimes are supposed to be referred to the Public Integrity Section for review. Historically, 18 U.S. Code § 241 (conspiracy against rights) was used as a basis for investigating state officials whose statements or orders violated the equal protection rights of voters or deliberately misinformed voters concerning the eligibility of their ballots. Nevertheless, the Department of Justice has formalized the Civil Rights Divi- sion’s (as opposed to the Criminal Division’s) jurisdiction over 18 U.S. Code § 241 investigations and prosecutions. The Criminal Division is no longer involved in consultation or review of 18 U.S. Code § 241 investigations.80 The Criminal Division has accordingly advised states that “[i]n the case of a crime of violence or intimida- tion,” they should “call 911 immediately and before contacting federal authorities” because “[s]tate and local police have primary jurisdiction over polling places,”81 despite clearly applicable federal law. This is a mistake. With respect to the 2020 presidential election, there were no DOJ investigations of the appropriateness or lawfulness of state election guidance. Consider the state of Pennsylvania. The Secretary of State sent guidance to the counties stating that: This revised guidance addresses the issuance, voting and examination of provisional ballots under the Election Code. Provisional ballots were originally mandated by section 302 of the Help America Vote Act of 2002 (HAVA). Provisional ballot amendments included in Act 77 of 2019 went into effect for the 2020 Primary election. Provisional ballot amendments included in Act 12 of 2020 go into effect for the first time on November 3, 2020.82 HAVA, however, mandates provisional ballots only for eligible voters who were not on a state’s voter registration list.83 It does not apply to those who registered for mail-in voting but whose ballots were rejected due to some form of spoliation. — 564 — Mandate for Leadership: The Conservative Promise Pennsylvania Act 12 (amended in 2020) does not authorize curing by providing provisional ballots for mail-in voters whose ballots were rejected. Act 12 requires, as part of the mail-in application process, an affidavit that: [The elector] shall not be eligible to vote at a polling place on election day unless the elector brings the elector’s mail-in ballot to the elector’s polling place, remits the ballot and the envelope containing the declaration of the elector to the judge of elections to be spoiled and signs a statement subject to the penalties under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities) to the same effect.84 The law in Pennsylvania clearly states that no county may affirmatively provide provisional ballots: The mail-in voter must vote in person and sign a new affidavit. In the 2020 election, the Pennsylvania Supreme Court recognized that “the Election Code contains no requirement that voters whose ballots are deemed inadequately verified be apprised of this fact. Thus, unlike in-person voters, mail-in or absentee voters are not provided any opportunity to cure perceived defects in a timely man- ner.”85 Given the Pennsylvania Secretary of State’s use of guidance to circumvent state law, the Pennsylvania Secretary of State should have been (and still should be) investigated and prosecuted for potential violations of 18 U.S. Code § 241. Investigations and prosecutions under 18 U.S. Code § 241 are currently within the jurisdictional oversight of the Civil Rights Division, not the Criminal Division.86 Only by moving authority for 18 U.S. Code § 241 investigations and prosecutions back to the Criminal Division will the rule of law be appropriately enforced. Rejecting Third-Party Requests for Politically Motivated Investigations or Prosecutions. The DOJ should reject demands from third-party groups that ask it to threaten politically motivated investigation or prosecution of those engag- ing in lawful and, in many cases, constitutionally protected activity. By acceding to such demands, the department risks diminishing its credibility with the American public. This risk is exacerbated by the fact that communications between govern- ment officials and third-party groups are generally unprotected by privilege and subject to disclosure, whether via subpoena to the third-party group or via request made pursuant to the Freedom of Information Act. These communications can even be made public voluntarily by the third-party group. A recent example illustrates the risks posed by such activity. On October 4, 2021, Attorney General Merrick Garland issued a memorandum to the Director of the FBI, the Executive Office for U.S. Attorneys, and the Assistant Attorney General, Criminal Division, calling on the FBI to work with each U.S. Attorney to “con- vene meetings with federal, state, local, Tribal, and territorial leaders” to discuss strategies for addressing “threats against school administrators, board members, teachers, and staff.”87 Subsequent reporting and investigation revealed that the
Introduction
— 168 — Mandate for Leadership: The Conservative Promise ENDNOTES 1. H.R. 5005, Homeland Security Act of 2002, Public Law No. 107-296, 107th Congress, November 25, 2002, § 101(b)(1), https://www.congress.gov/107/plaws/publ296/PLAW-107publ296.pdf (accessed March 14, 2023). 2. See, for example, “Elon Musk Slams CISA Censorship Network as ‘Propaganda Platform,’” Kanekoa News, December 28, 2022, https://kanekoa.substack.com/p/elon-musk-slams-cisa-censorship-network (accessed March 14, 2023). 3. H.R. 2680, An Act to Amend the Immigration and Nationality Act, and for Other Purposes, Public Law No. 89-236, 89th Congress, October 3, 1965, https://www.govinfo.gov/content/pkg/STATUTE-79/pdf/STATUTE-79- Pg911.pdf (accessed March 14, 2023). 4. Added to the Immigration and Nationality Act by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. See H.R. 3610, Omnibus Consolidated Appropriations Act, 1997, Public Law No. 104-208, 104th Congress, September 30, 1996, Division C, https://www.congress.gov/104/plaws/publ208/ PLAW-104publ208.pdf (accessed March 14, 2023). 5. 8 U.S. Code, https://www.law.cornell.edu/uscode/text/8 (accessed March 14, 2023). 6. 18 U.S. Code, https://www.law.cornell.edu/uscode/text/18 (accessed March 14, 2023). 7. 5 U.S. Code §§ 551–559, https://www.law.cornell.edu/uscode/text/5/part-I/chapter-5/subchapter-II (accessed March 14, 2023). 8. Table, “United States Citizenship and Immigration Services Budget Comparison and Adjustments Appropriation and PPA Summary,” in U.S. Department of Homeland Security, United States Citizenship and Immigration Services, Department of Homeland Security, United States Citizenship and Immigration Services, Budget Overview, Fiscal Year 2023 Congressional Justification, p. CIS-4, https://www.uscis.gov/ sites/default/files/document/reports/U.S._Citizenship_and_Immigration_Services%E2%80%99_Budget_ Overview_Document_for%20Fiscal_Year_2023.pdf#:~:text=The%20FY%202023%20Budget%20includes%20 %24913.6M%2C%204%2C001%20positions%3B,of%20%24444.1M%20above%20the%20FY%202022%20 President%E2%80%99s%20Budget (accessed March 14, 2023), and Table, “United States Citizenship and Immigration Services Comparison of Budget Authority and Request,” in ibid., p. CIS-5. 9. H.R. 7311, William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Public Law No. 110-457, 110th Congress, December 23, 2008, § 235, https://www.congress.gov/110/plaws/publ457/PLAW- 110publ457.pdf (accessed March 15, 2023). 10. Matter of A-B-, Respondent, 27 I&N Dec. 316 (A.G. 2018), https://www.justice.gov/eoir/page/file/1070866/ download (accessed January 18, 2023). 11. Arizona v. United States, 567 U.S. 387 (2012), https://supreme.justia.com/cases/federal/us/567/387/ (accessed January 18, 2023). 12. Robert T. Stafford Disaster Relief and Emergency Assistance Act [Public Law 93–288; Approved May 22, 1974] [As Amended Through P.L. 117–328, Enacted December 29, 2022], https://www.govinfo.gov/content/pkg/ COMPS-2977/pdf/COMPS-2977.pdf (accessed March 15, 2023). 13. U.S. Department of Homeland Security, Federal Emergency Management Agency, Department of Homeland Security, Federal Emergency Management Agency, Budget Overview, Fiscal Year 2023 Congressional Justification, p. FEMA-24, https://www.dhs.gov/sites/default/files/2022-03/Federal%20Emergency%20 Management%20Agency_Remediated.pdf (accessed March 15, 2023). 14. Report, United States Secret Service: An Agency in Crisis, Committee on Oversight and Government Reform, U.S. House of Representatives, 114th Congress, December 9, 2015, https://republicans-oversight.house.gov/ wp-content/uploads/2015/12/Oversight-USSS-Report.pdf (accessed January 18, 2023). 15. 5 U.S. Code § 7103, https://www.law.cornell.edu/uscode/text/5/7103 (accessed March 15, 2023). 16. S. 3418, Privacy Act of 1974, Public Law No. 93-579, 93rd Congress, December 31, 1974, https://www.govinfo. gov/content/pkg/STATUTE-88/pdf/STATUTE-88-Pg1896.pdf (accessed March 15, 2023). 17. H.R. 1428, Judicial Redress Act of 2015, Public Law No. 114-126, 114th Congress, February 24, 2016, https://www. congress.gov/114/plaws/publ126/PLAW-114publ126.pdf (accessed March 15, 2023). 18. H.R. 1158, Consolidated Appropriations Act, 2020, Public Law No. 116-93, 116th Congress, December 20, 2019, https://www.congress.gov/bill/116th-congress/house-bill/1158 (accessed January 18, 2023).
Showing 3 of 5 policy matches
About These Correlations
Policy matches are calculated using semantic similarity between bill summaries and Project 2025 policy text. A score of 60% or higher indicates meaningful thematic overlap. This does not imply direct causation or intent, but highlights areas where legislation aligns with Project 2025 policy objectives.