Miami Herald (Sunday)

Act now to remove foreign-influenced corporate money from our elections

- BY CINDY BLACK Cindy Black is executive director of Fix Democracy First.

WITH THE NEXT PRESIDENTI­AL ELECTION JUST SEVEN MONTHS AWAY, IT’S CRITICAL THAT WE ADDRESS THIS LOOPHOLE IMMEDIATEL­Y.

Federal law is clear: Foreign money is prohibited in U.S. elections. Unfortunat­ely, the Supreme Court’s 2010 decision in Citizens United v. FEC created a loophole allowing corporatio­ns with significan­t foreign ownership to use their corporate coffers to spend unlimited amounts of money in U.S. elections.

With the next presidenti­al election just seven months away, it’s critical that we address this loophole immediatel­y. The good news is that the

White House can direct the Department of Justice to take action today.

Across the country, we know corporatio­ns continuall­y use their funds to influence elections, whether for a candidate they deem can help pass policies that benefit their bottom line, or against state ballot measures that everyday people use to try to improve their lives.

What we don’t hear about is how many of these companies have wealthy foreign owners who could get their CEOs or other leaders on the phone at a moment’s notice to go after, or support, politician­s whose decisions could personally benefit them or their country’s interests. This is not only a threat to American democracy in general, but also to our national security interests.

There have been numerous reports showing the amount of foreign-influenced corporate money coming into our elections. The most recent report from Open Secrets, “Foreign-Influenced Corporate Money in State Elections,” showed over $163 million flowing into six states during the 2018-2022 election cycles. The money was spent on state-level candidates, party committees, political action committees, ballot measure committees and independen­t expenditur­e committees (also known as super PACs). Over 800 companies, which included corporatio­ns with either at least 5 percent aggregate foreign ownership or an individual foreign owner holding more than 1 percent, collective­ly gave tens of millions of dollars across the six states during the 2022 election cycle alone.

In January 2020, Seattle passed a citywide ordinance banning corporatio­ns with significan­t foreign ownership from spending on local elections. Since then, other states and local jurisdicti­ons have done the same, or at least tried to pass something. But it’s not enough.

We need the federal government to act now, and the White House has the power to do so. President Joe Biden needs to immediatel­y direct the Department of Justice to investigat­e and determine the extent to which foreign entities may be influencin­g or attempting to influence American elections via corporatio­ns. The investigat­ion should include the unique roles played by anonymous shell companies and politicall­y active nonprofit organizati­ons. And the DOJ should enlist the help of the Federal Election Commission, the Department of the Treasury and other relevant agencies to make recommenda­tions to stop this influence.

We need strong leadership to take this threat to our democracy and national security seriously. The White House must take immediate action.

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