Omar Bennett
Foreign interference in elections is a significant issue that threatens the integrity of democratic processes. In recent years, there have been reports of foreign involvement in elections worldwide, including in the United States, France, Sweden, Brazil, Turkey, South Africa, and Australia. While the constitution may not explicitly mention foreign involvement in elections, it is essential to explore the measures different countries have implemented to address this issue and safeguard the integrity of their electoral processes. This topic will discuss the strategies employed by various nations to combat foreign interference and protect the democratic rights of their citizens.
| Characteristics | Values |
|---|---|
| Country | United States, Australia, Brazil, Turkey, Sweden, Canada, France, Japan, Singapore, Germany, Great Britain, Israel |
| Foreign involvement in elections | Foreign nationals banned from spending in federal, state, and local elections, but foreign interests spent substantial sums in 2016 and 2018; inadequate electoral transparency laws and inaction by the FEC allowed foreign actors to influence elections without detection |
| Actions taken | FEC regulations prohibit foreign nationals from participating in the decision-making process of any person or organization with regard to election-related activities; it is unlawful to provide "substantial assistance" to foreign nationals making contributions or donations |
| Legislation | Federal Election Campaign Act (FECA), Foreign Interference in a United States Election Sanctions, International Emergency Economic Powers Act (IEEPA), National Emergencies Act (NEA), Foreign Influence Transparency Scheme |
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What You'll Learn
Foreign donations to political parties
The US Constitution upholds the principle of a government of, by, and for the people, free from foreign influence to protect the right of American citizens to democratic self-governance. Federal laws ban foreign nationals, including foreign citizens and governments, from spending in federal, state, and local elections. However, foreign interference in US elections has been a significant concern, with foreign interests spending substantial sums to influence election outcomes in 2016 and 2018.
The Federal Elections Commission (FEC) laws governing campaign finance have been criticized for failing to keep up with the digital age, allowing foreign actors to exploit loopholes and secretly influence elections through paid digital advertising and fake social media accounts. Special Counsel Robert Mueller's report confirmed that Russian actors made systematic efforts to influence the 2016 US elections without detection.
To address these concerns, some countries have implemented laws to limit foreign donations to political parties and candidates. For example, Australia enacted legislation in 2018 to impose restrictions on foreign donations and prohibit their use for political expenditures. Canada's Elections Modernization Act from 2018 stipulates that only Canadian citizens or permanent residents can contribute to parties or candidates, preventing third parties from using foreign funds for partisan purposes.
Brazil's Constitution takes a strict approach, cancelling the registration of any political party that receives financial assistance from foreign entities or governments. Turkey also prohibits foreign donations of any kind to political parties, though there are gaps in the law regarding individual candidates in municipal and lower-level national elections. Sweden stands out by mandating transparency in political party financing, prohibiting anonymous donations above a threshold amount, and only disallowing foreign donations intended for disseminating propaganda.
While the US has laws prohibiting foreign nationals from contributing to federal, state, or local elections, recent history highlights the need for stricter enforcement and updated regulations to match the evolving nature of election campaigns.
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Foreign interference in elections
The United States Constitution does not explicitly mention foreign involvement in elections. However, federal laws and regulations aim to prevent foreign interference by banning foreign nationals and governments from spending money on or contributing to American political campaigns and elections. These laws apply to all elections, including federal, state, and local ones.
Despite these measures, foreign interests have still found ways to influence American elections, particularly through digital means. In 2016 and 2018, for example, foreign entities spent significant sums of money to influence US elections, exploiting loopholes in campaign finance laws. Special Counsel Robert Mueller's report confirmed that foreign actors, particularly from Russia, used paid digital advertising and fake social media accounts to promote specific candidates or create public unrest.
To address these challenges, some states and local governments have tightened restrictions on campaign spending and increased transparency requirements. Additionally, countries like Australia, Canada, France, Brazil, Turkey, Japan, Singapore, Germany, and Great Britain have enacted laws to prevent foreign interference in their elections, including prohibiting foreign donations to political parties and candidates. These efforts reflect a global recognition of the importance of safeguarding democratic processes from external influences.
While the US Constitution may not directly address foreign involvement in elections, the principles of democratic self-governance it enshrines serve as the foundation for laws and regulations aimed at protecting the integrity of the electoral process from external influences. The ongoing efforts to address vulnerabilities and strengthen electoral integrity demonstrate a commitment to upholding these fundamental principles.
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Federal law banning foreign nationals from elections
Federal laws in the United States ban foreign nationals from influencing elections through a variety of means, including financial contributions and donations. The Federal Election Campaign Act (FECA), enforced by the Federal Election Commission (FEC), prohibits foreign nationals from making financial contributions, donations, or other expenditures in connection with any federal, state, or local election. This includes contributions to candidates, political parties, and committees associated with them. Foreign nationals are also prohibited from accepting anything of value from foreign sources.
The definition of a "foreign national" is crucial in enforcing these laws. According to US law, a foreign national is an individual who is not a citizen or national of the United States and who is not lawfully admitted for permanent residence. This definition ensures that only those with a substantial connection to the US can participate in its electoral processes.
While the First Amendment provides some protection for foreign nationals to express their views and influence public opinion, there are clear restrictions on their direct involvement in elections. For example, foreign nationals are prohibited from contributing to ballot measure committees that work with candidates' campaigns, as seen in the case of AO 1989-32 (McCarthy). However, in another case, AO 1984-41 (National Conservative Foundation), the FEC allowed a foreign national to underwrite the broadcast of apolitical ads that criticised the media's political bias.
Other countries have also implemented laws to address foreign involvement in elections. For instance, Brazil's Constitution prohibits political parties from receiving financial assistance from foreign entities, while Turkey bans all foreign donations to political parties. Australia has enacted laws imposing limits on foreign donations and adopted a Foreign Influence Transparency Scheme, requiring registration and disclosure for those undertaking political activities for foreign principals. These global efforts reflect a growing concern over the integrity of democratic processes and the need to prevent foreign interference.
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Foreign spending in elections
Federal law in the United States prohibits foreign nationals, including foreign citizens and governments, from spending money on federal, state, and local elections. This includes making contributions, donations, expenditures, or disbursements. However, foreign interests have still spent substantial sums to influence US elections, exposing the inadequacies of campaign finance laws. For instance, in 2016 and 2018, Special Counsel Robert Mueller's report confirmed that foreign entities made significant and covert attempts to influence US elections through paid digital advertising and fake social media accounts.
Similarly, other countries have also experienced foreign interference in their elections. For example, in 2018, Australia enacted a law prohibiting foreign donations to parties and candidates and adopted a Foreign Influence Transparency Scheme, which requires registration for those engaging in political activities on behalf of foreign entities. Canada's Elections Modernization Act, enacted in the same year, stipulates that only Canadian citizens or permanent residents can contribute to parties or candidates, preventing foreign entities from influencing elections. Brazil's Constitution cancels the registered status of any political party found receiving financial assistance from foreign entities or governments.
Some countries take a different approach to addressing foreign involvement in elections. Sweden, for instance, mandates transparency in political party financing rather than outrightly prohibiting foreign donations. Germany allows donations from outside the country but only up to a specific threshold amount. Singapore prohibits foreigners from donating to political associations and candidates and from engaging in election activities and advertising.
The vulnerabilities in the US campaign finance system have raised concerns about foreign interference in elections. The Federal Elections Commission's (FEC) inaction and inadequate electoral transparency laws have been criticized for allowing foreign actors to exploit loopholes. To address these concerns, states and local governments can implement stricter restrictions on foreign campaign spending and require full transparency about the sources of all campaign funds.
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Foreign influence on US elections
The US Constitution does not explicitly mention foreign involvement in elections, but federal laws ban foreign nationals, including foreign citizens and governments, from spending in federal, state, and local elections. Foreign interference in US elections is a federal crime and can take many forms, including election crimes, false voter registration, sabotaging the integrity of the electoral process, and violating the rights of minority-protected classes.
Despite these bans, foreign interests have still spent substantial sums to influence US elections in 2016, 2018, and 2020, exposing the vulnerabilities of campaign finance laws. Special Counsel Robert Mueller's report confirmed that foreign interests made systematic efforts to secretly influence US elections through paid digital advertising and fake social media accounts, promoting candidates or creating public unrest. These actions by foreign actors, particularly Russia and Iran, have been described as a threat to American democracy and the right of US citizens to democratic self-governance.
To combat this, the US government has introduced several laws and executive orders to maintain election integrity and prevent foreign interference. For example, Executive Order 13848, enacted in September 2018, declared a national emergency under the International Emergency Economic Powers Act. Additionally, the Election Security Act of 2019 aimed to improve election infrastructure security and limit foreign involvement in domestic political polls, but it failed to become law due to insufficient votes.
Other countries have also faced similar challenges and implemented measures to address foreign involvement in elections. For instance, Australia enacted a law in 2018 prohibiting foreign donations to political parties and candidates, while France now only allows French citizens or residents to contribute to political campaigns. These global efforts underscore the importance of safeguarding democratic processes from external influences.
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Frequently asked questions
No, the US Constitution does not explicitly mention foreign involvement in US elections. However, federal laws ban foreign nationals, including foreign citizens and governments, from spending money on federal, state, and local elections.
Foreign election interference involves actors outside the US meddling with local affairs. It can include foreign spending on political campaigns, spreading misinformation, and creating fake social media accounts to influence public opinion.
Foreign interference can undermine the integrity of elections by manipulating public opinion and influencing election results. It can also exploit vulnerabilities in campaign finance laws and spread disinformation.
Some notable examples of foreign interference in US elections include Russian interference in the 2016 election through hacking and spreading disinformation, as well as Iranian and Russian attempts to influence the 2020 election through social media campaigns.
Various measures have been introduced to prevent foreign interference, including the Prevention of Foreign Interference with Elections Act of 2019, which aims to improve election infrastructure security and limit foreign involvement in domestic political polls. Other measures include sanctions and executive orders to address specific instances of foreign interference.
