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HB 5198

Elections: other; certification that contributions for election administration are not from foreign nationals; require. Amends 1954 PA 116 (MCL 168.1 - 168.992) by adding sec. 645a.

2025-2026 Regular Session Introduced by Will Bruck and 1 co-sponsor

HB 5198 requires private funders of election administration to certify they knowingly receive no foreign donations; annual renewals, audits, penalties, and public disclosure.

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Bill Summary · HB 5198

Summary — HB 5198 (House Bill 5198)

Title: Elections: require certification that contributions for election administration are not from foreign nationals (adds MCL 168.645a)

Sponsor: Rep. William Bruck (companion: SB 2700)
Status (as of document): Bill electronically reproduced 10/30/2025; introduced 10/30/2025; referred to Committee on Election Integrity.

Purpose

To require non‑governmental persons or entities that enter into agreements, memberships, or programs with governmental entities to provide funds, in‑kind goods/services, or other support for election administration to certify whether they knowingly receive foreign donations. The aim is to improve transparency and prevent foreign‑sourced contributions from being used in election administration.

Key provisions

  • Certification requirement:

    • Any person (individual, partnership, corporation, organization, etc., excluding governmental entities) must file a signed, dated certification with the Secretary of State no later than 10 business days before entering into an agreement with a governmental entity to provide support for election administration.
    • Certification must state whether the filer is knowingly a recipient, directly or indirectly, of foreign donations. “Knowingly” is defined to include actual knowledge, awareness of facts that would lead a reasonable person to conclude there is a substantial probability, or awareness of facts prompting inquiry where a reasonable inquiry is not made.
    • Certification is signed under penalty of perjury.

  • Renewal and updates:

    • Certifications must be renewed annually.
    • If new information changes the certification, it must be updated within 5 business days of obtaining that information.

  • Records, reporting, and oversight:

    • Secretary of State must maintain records of and post all certifications on the Department of State website.
    • Every governmental entity must provide quarterly reports to the Secretary of State listing persons who provide election‑administration support; the Secretary of State must audit those reports for compliance.
    • Secretary of State to promulgate implementing rules under the Administrative Procedures Act.

  • Definitions and scope:

    • “Election administration” = participation in conducting or implementing an election; excludes postelection canvass, recount, contest, or audit.
    • “Foreign donation” and “foreign national” are specifically defined (includes non‑U.S. citizens, foreign governments, foreign political parties, and entities organized under foreign law or with principal place of business abroad).

  • Preemption:

    • Local laws or ordinances that conflict with this section are void and unenforceable.

  • Penalties:

    • Knowingly failing to provide an accurate or updated certification is a misdemeanor:
    • Individuals: up to 90 days imprisonment, up to $1,000 fine, or both.
    • Entities (non‑individuals): fine up to $10,000.

Who is affected

  • Private persons and entities (vendors, contractors, nonprofits, consultants, political groups, etc.) that provide funds, goods, services, or other support to governmental entities for election administration.
  • County, city, township, village and other municipal entities required to report quarterly to the Secretary of State.
  • Secretary of State’s office (administration, recordkeeping, posting, auditing, and rulemaking responsibilities).

Timeline / procedural notes

  • Certification: filed at least 10 business days before entering agreement.
  • Annual renewal and 5‑business‑day update requirement.
  • Quarterly reporting by governmental entities to Secretary of State.
  • Rules to be adopted under the Administrative Procedures Act.

Fiscal impact

The House Fiscal Agency notes an indeterminate fiscal impact. Potential effects include administrative costs for the Secretary of State and local governments (recordkeeping, audits, reporting), potential losses or savings if foreign‑funded agreements are precluded, and possible costs related to misdemeanor prosecutions, local incarceration, or probation supervision. Exact fiscal effects depend on implementation and enforcement activity.

Compiled from official sources — confirm details with the bill’s official record.

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