SPRINGFIELD, IL  –  Illinois lawmakers are considering a bill to preserve American self-government by closing a significant loophole that allows foreign-influenced corporations to spend money to influence Illinois elections. 

The legislation, introduced in the House by Representative Amy Briel (HB3071), would prohibit corporations from spending money in Illinois elections if a single foreign investor holds more than 1 percent ownership or more than 5 percent ownership is held by an aggregate of foreign investors. It is similar to legislation that passed and is in effect in Seattle and San Jose and that is pending in several other states. 

“This bill is a critical step toward protecting our democracy by ensuring that elections represent the voices of Illinois residents — not the deep pockets of foreign actors and interests. By closing this loophole, we’re preserving the integrity of our elections and standing up for transparency and fairness in the democratic process,” said state Rep. Amy “Murri” Briel.

“Illinois legislators have an opportunity to close the loophole that has allowed foreign-owned corporations to influence our elections. We are proud to support this innovative and important piece of legislation and we are grateful to Representative Briel for her leadership,” said Elizabeth Grossman, Executive Director of Common Cause Illinois.

“We commend Representative Briel for introducing this bold reform. It’s time for Illinois state law to stop multinational corporations from allowing foreign entities to do, either directly or indirectly, what they are barred from doing as foreign governments or individuals: spending money in US elections,” said Alexandra Flores-Quilty, Campaign Director of Free Speech For People.

Across the country, companies with significant foreign ownership, like Amazon, Chevron, and Uber, have used their money to influence the outcome of elections and political agendas in their favor. While federal law prohibits foreign actors—including individuals, governments, and businesses—from spending any money directly or indirectly to influence federal, state, or local elections, the Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission created a loophole for foreign interests to acquire stakes in U.S. corporations and then use that leverage to influence or control the corporation’s political activity, including campaign contributions, contributions to super PACs, and independent expenditures. 

But though Citizens United created this loophole, nothing in that decision prohibits lawmakers from closing it. Citizens United held that a corporation is an “association of citizens,” and that First Amendment rights held by citizens individually therefore flow to the association. But under the theory of Citizens United, a foreign-influenced corporation is an association of citizens and foreign actors. And with regard to political spending, the First Amendment rights held by citizens do not flow to foreign actors.

This became clear in Bluman v. Federal Election Commission, a decision by the US Court of Appeals for the DC Circuit, authored by now-Justice Kavanaugh while he was a circuit judge. Bluman, which the Supreme Court affirmed, held that political contributions and independent expenditures are “part of the overall process of democratic self-government” that the United States has a compelling interest in protecting democratic self-government by placing a complete ban on foreign actors spending any money to influence U.S. elections.

The policy grows from model legislation developed by Free Speech For People, a national nonpartisan, non-profit organization that works to defend our democracy across the country. Free Speech For People helped to pass similar legislation in Minnesota in 2023; San Jose, California in 2024; and Seattle, Washington in 2020. Additional bills are under consideration in California, Hawaii, Massachusetts, New York, and Washington State, as well as in the U.S. Congress. Representative Jamie Raskin and Senator Sheldon Whitehouse have introduced the Get Foreign Money Out of U.S. Elections Act, which is a federal companion bill to HB2433.

Common Cause Illinois fights for a democratic process in Illinois that serves the people, not politicians or corporations. It has played a key role in passing automatic voter registration, championing ethics reforms, and fighting the outsized influence of money in politics. It is part of the national nonpartisan, nonprofit organization, Common Cause. 

Read more about the Illinois legislation.