Rick HasenVerified account

.@FEC Republicans voted in MindGeek matter that federal statutory ban on foreign election spending did not apply to local ballot issues /2

because of the statutory definition of “election,” which arguably does not cover ballot issue campaigns /3

(because these efforts do not “elect” a candidate). But it’s clear that *state*-level foreign spending bans on ballot issues are legal. /4

In fact, many states have banned any sort of foreign spending in their ballot-issue campaigns. /5

But if foreign money is spent in connection with a federal election, the clear reading of the statute is that it doesn’t matter /6

whether the spending is express advocacy or issue advocacy (as long as that issue advocacy is in connection with a federal election). /7