SB 2035 – Overreaching restrictions on political speech

SB 2035 seeks to prevent foreign influence in Texas ballot measures, a laudable goal, but it does so by creating an overly broad and burdensome regulatory framework. It forces every political committee to verify that each donor has not received over $100,000 in non-wage funds from any foreign national within the past four years. The bill could also effectively ban a Texan who inherits or receives gifts from a foreign relative from spending on ballot measure elections. This requirement applies even to lawful gifts or inheritances, potentially silencing everyday Texans based on personal finances unrelated to politics. The bill presumes guilt based on prior financial history and imposes steep civil and criminal penalties—including personal liability for nonprofit leaders and political volunteers. It empowers the Attorney General to issue injunctions and bar individuals from lobbying or political activity, raising serious concerns about government overreach. The mandated donor certifications, audits, and legal exposure will make it harder for citizen-led groups to participate in the political process. From a fiscally conservative perspective, the bill grows bureaucracy, invites politicized enforcement, and expands the reach of the state into private, lawful behavior. It risks chilling free speech and civic engagement while doing little to stop actual bad actors. S.B. 2035 should be significantly amended to target only true foreign interference without infringing on Texans’ constitutionally-protected rights.