(The Center Square) − Louisiana lawmakers are moving forward with a proposed constitutional amendment and companion legislation aimed at shutting down a loophole that critics say allows foreign actors to influence U.S. elections — not through candidates, but through ballot initiatives.

Senate Bill 109 and House Bill 590, filed by Republican lawmakers this session, would prohibit the use of funds, goods, or services donated by foreign governments, foreign entities or noncitizens to support or oppose any candidate, political party, or ballot measure in Louisiana — directly or indirectly.

While federal law already prohibits foreign nationals from contributing to candidates, it does not explicitly cover ballot initiatives. That gap, long noted by election watchdogs, has come under increased scrutiny following revelations of significant foreign-tied money flowing into ballot campaigns in other states.

The bills would make it a crime for any foreign source to contribute funds to support election-related activities. Violators could face fines of up to twice the amount of the donation and up to five years in prison. Individuals who knowingly accept such donations would be required to return the funds.

SB109 proposes a constitutional amendment that, if passed by the Legislature, would go before voters statewide on Nov. 15, 2025.

“This is a proactive measure to ensure Louisiana doesn’t become the next battleground for foreign-funded influence campaigns targeting our democratic processes,” Jason Snead, Executive Director of Honest Elections Project Action, told The Center Square. 

Louisiana’s move comes amid a broader wave of state-level action on the issue. More than 15 states have introduced similar bills this year, and six—including Ohio, which passed a landmark measure in 2023—have enacted bans on foreign funding in ballot initiatives.

Critics point to the 1630 Fund, a powerful nonprofit aligned with progressive causes, which has spent more than $130 million in 26 states to back or oppose ballot measures, often with funding tied to foreign nationals.

A Swiss billionaire, Hansjörg Wyss, has been identified as a major contributor to the fund, according to Americans for Public Trust. While Wyss has never become a U.S. citizen or permanent resident, he has reportedly poured nearly half a billion dollars into American progressive political efforts, according to Snead.

“In Ohio, for example, the 1630 Fund spent $20 million in just 18 months on ballot measures — most of it arriving after lawmakers began pursuing a ban,” Snead said. “It’s a cautionary tale. Once the money starts flowing, it can be hard to stop.”

Supporters of the bills argue that state action is urgently needed to fill the federal gap and to safeguard democratic processes, especially as ballot initiatives become an increasingly potent tool to bypass legislatures and rewrite state constitutions.

Louisiana, they note, has so far avoided becoming a major target of these influence campaigns — but that could change.

“What we told lawmakers is simple,” Snead said. “Don’t wait for the money to come before you act.”

The proposed bills also aim to block so-called “pass-through” funding structures, in which foreign donations are funneled through U.S.-based nonprofits, effectively masking their origin. Lawmakers are considering provisions to track and limit such intermediary channels.

“We don’t even know if the $280 million linked to the 1630 Fund reflects the full extent of his contributions to that group. And we have no way of knowing whether other foreign nationals are quietly directing money into U.S. nonprofits,” Snead said. “There’s nothing preventing other foreign nationals — even those with close ties to adversarial governments like the Chinese Communist Party — from exploiting the same loophole. We often refer to Wyss and the 1630 Fund as just the tip of the iceberg. There’s almost certainly much more foreign money influencing U.S. politics that we simply can’t see.”

As the measures advance through the Legislature, Louisiana joins a growing list of states working to close what many see as one of the most significant election security loopholes in U.S. law.

“There’s still a long way to go nationally,” Snead said. “But every state that takes action brings us closer to closing this gap once and for all.”