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Bill > SB899
WI SB899
WI SB899Expressly prohibiting a foreign national from making a contribution to a referendum committee.
summary
Introduced
01/27/2026
01/27/2026
In Committee
01/27/2026
01/27/2026
Crossed Over
Passed
Dead
Introduced Session
Potential new amendment
2025-2026 Regular Session
Bill Summary
Current law provides that no person may make or accept a contribution, make a disbursement, make an expenditure, or incur an obligation in violation of the federal law that prohibits a foreign national from making a contribution in connection with any federal, state, or local election. A decision by the Federal Elections Commission in 2024 allowed a foreign national to make a contribution to a ballot initiative committee because the FEC determined that a ballot initiative is not an “election” for purposes of the federal law prohibiting contributions from foreign nationals. This bill provides that no foreign national may, directly or indirectly, make a contribution to a referendum committee and no referendum committee may, directly or indirectly, receive, solicit or accept a contribution from a foreign national. In addition, no foreign national may direct, dictate, control, or directly or indirectly participate in the decision-making process of any person regarding the person’s LRB-6106/1 JK:skw 2025 - 2026 Legislature SENATE BILL 899 activities to support or oppose a referendum or to influence a particular vote at a referendum. The bill requires each referendum committee and independent expenditure committee, and its sponsoring organization, to obtain from a person making a contribution to the committee, or providing funds to the sponsoring organization, a written affirmation that the person is not a foreign national and has not intentionally accepted funds aggregating in excess of $100,000 from one or more foreign nationals during the four-year period immediately preceding the date of the contribution to the committee or the provision of funds to the sponsoring organization. The referendum committee must attest in each report submitted to the Ethics Commission that it has obtained the affirmations required under the bill. In addition, each independent expenditure committee that makes a disbursement, expenditure, or contribution to support or defeat a referendum, or to influence a particular vote at a referendum, must attest in each report submitted to the commission that it has obtained the affirmations required under the bill. Finally, each referendum committee must include in its registration statement an affirmation that none of the referendum committee’s preliminary activity was funded, directly or indirectly, by a foreign national. The bill defines “preliminary activity” as activity occurring prior to filing a registration statement and includes preparing and analyzing referendum language and ballot questions, conducting a poll, survey, or focus group, making communications, and travel.
AI Summary
This bill explicitly prohibits foreign nationals from contributing to referendum committees, which are groups organized to support or oppose ballot initiatives or referendums. It clarifies that a "foreign national" includes individuals who are not U.S. citizens or lawful permanent residents, foreign governments, foreign political parties, and entities organized or primarily located in foreign countries, with specific exceptions for U.S.-based entities if their contributions are funded by U.S. operations and decisions are made by U.S. citizens or lawful permanent residents. The bill also defines "preliminary activity" as actions taken before a referendum committee officially registers, such as analyzing ballot language, conducting polls, or making communications. To enforce these provisions, referendum committees and independent expenditure committees (groups that spend money to influence elections or referendums independently of candidates) must obtain written affirmations from individuals contributing funds, confirming they are not foreign nationals and have not accepted over $100,000 from foreign nationals in the preceding four years. These committees must then attest in their reports that they have obtained these affirmations and have not themselves received prohibited foreign funding. Additionally, referendum committees must affirm that their preliminary activities were not funded by foreign nationals. The bill also prevents foreign nationals from directing or controlling decision-making processes related to referendums and from soliciting donations from others to influence referendums. This legislation aims to address a gap in existing law, as a recent decision by the Federal Elections Commission (FEC) allowed foreign nationals to contribute to ballot initiative committees, deeming them not to be "elections" under federal law.
Committee Categories
Business and Industry
Sponsors (19)
Rachael Cabral-Guevara (R)*,
André Jacque (R)*,
Howard Marklein (R)*,
Patrick Testin (R)*,
Cory Tomczyk (R)*,
David Armstrong (R),
Elijah Behnke (R),
Barbara Dittrich (R),
Cindi Duchow (R),
Rick Gundrum (R),
Dan Knodl (R),
Rob Kreibich (R),
Dave Murphy (R),
Jerry O'Connor (R),
William Penterman (R),
Jim Piwowarczyk (R),
David Steffen (R),
Paul Tittl (R),
Chuck Wichgers (R),
Last Action
Senate Amendment 1 offered by Senator Testin (on 02/09/2026)
Official Document
bill text
bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://docs.legis.wisconsin.gov/2025/proposals/reg/sen/bill/sb899 |
| Senate Amendment 1 | https://docs.legis.wisconsin.gov/document/amends/2025/REG/SB899-SA1.pdf |
| BillText | https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/SB899.pdf |
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