Foreign Election Interference Laws in the United States

Foreign election interference is a serious threat to the integrity of U.S. elections. In recent years, efforts to meddle with American elections have come from countries like Russia, China, and Iran. These attempts aim to influence U.S. politics and weaken trust in democracy.

The United States government has developed laws and enforcement mechanisms to ensure the integrity of election results. Understanding these safeguards is important for American citizens. Protecting democracy is a shared responsibility, and every voter plays a part.

This article explores the nature of foreign interference and its potential impact on U.S. elections. We review existing legal protections and their enforcement mechanisms. We’ll also provide you with practical insight to help you steer clear of foreign influence.

If you suspect violations of foreign interference or campaign finance laws, consider speaking with a lawyer. An election law attorney licensed in your state can help you understand your legal options. That way, you can make informed decisions about your next steps.

In the meantime, let’s start our discussion with some basics.

What Is Foreign Election Interference?

The U.S. Department of Homeland Security (DHS) defines foreign election interference as harmful actions taken by a foreign government, foreign nationals, or foreign agents to influence or undermine U.S. political processes. These actions are designed to weaken the interests of the United States and its allies. It can do this by:

• Damaging trust in the electoral system
• Influencing policy decisions
• Creating social or political conflict
• Shaping public debate
• Disrupting financial markets or government operations

Foreign election interference can be overt, like public statements by foreign leaders. It can also be covert, like cyberattacks or secret funding. Interference can target various groups of people, such as:

• Voters
• Campaigns
• Political parties
• Election infrastructure
• Private companies

Regardless of the target, the goal is almost always the same. The foreign actor is trying to advance an institution, political party, or candidate in such a way that benefits them.

Examples of Foreign Election Interference

Foreign interference can take many forms, and new threats continue to emerge. In this section, we review some of the most common and concerning types.

Covert Funding or Support

Foreign governments sometimes try to shape U.S. political debates without revealing who is really behind the message. This can involve:

• Paying public‑facing individuals to promote certain political views
• Funding advocacy efforts, candidates, or opposition research
• Building relationships with political groups while hiding foreign ties

For example, U.S. officials have identified cases where people acted on behalf of foreign governments to influence political conversations without disclosing their affiliation.

Forgeries and Fake Leaks

Some foreign groups create fake documents and release them online. They do this to mislead voters or damage a candidate’s reputation. These materials are designed to look real so people will share them. This might include:

• Forged emails or letters
• Altered financial documents
• Fake “leaked” memos posted on social media

Researchers have found forged documents circulating online during election seasons. Foreign actors released them shortly before voting in the hopes they would be mistaken for genuine leaks.

Cyberattacks

Cyberattacks on election infrastructure occur when foreign actors try to break into computer systems that help run an election. These might include:

• Voter registration databases
• Election websites
• Ballot counting systems

Foreign groups also use these techniques to access email accounts.

This occurred during the 2016 presidential election. Russian operatives hacked the email accounts of Clinton campaign officials and other Democrats before releasing the emails publicly.

Disinformation and Propaganda

Foreign groups often also spread false or misleading information online and elsewhere. The goal is to confuse voters or create division. This might take the form of:

• Fake news articles
• Misleading memes
• Manipulated videos
• False claims about voting rules

For example, let’s say foreign influence networks create fake social media accounts. They impersonate actual U.S. news outlets, American voters, and others. Using these accounts, they post fabricated political narratives about candidates in American elections.

Disinformation campaigns like these tend to spread quickly on TikTok, X, and other social media platforms.

Artificial Intelligence (AI) Generated Content

Foreign actors have also begun using AI to produce realistic content and circulate deepfakes. These are digitally altered media that make it seem like someone said or did something they didn’t.

This new technology has allowed foreign actors to:

• Clone voices and create fake audio
• Swap faces on readily available images
• Create new images, videos, and audio of nonexistent people

Foreign influence groups frequently spread disinformation using AI deepfakes. They might depict American voters, journalists, experts, or politicians.

U.S. officials reported the circulation of an Iranian-linked deepfake video during the 2020 election cycle. It portrayed an American political figure making false statements about election fraud.

Online Harassment and Intimidation

Foreign groups may also try to influence elections. They might target political figures, journalists, or activists with coordinated harassment. The goal is often to silence certain voices or create confusion. This can involve:

• Organized waves of abusive or threatening messages
• False accusations spread by networks of fake accounts
• Manipulated images or claims meant to damage someone’s reputation

How does this work? For example, foreign actors can flood a local activist’s social media with threatening messages to scare them out of speaking at an upcoming caucus meeting. This would constitute foreign interference through online harassment/intimidation.

Bots

Foreign groups sometimes use large numbers of automated social media accounts to spread messages. These bot networks can bother voters or make extreme ideas look more popular than they are. For example, a wave of accounts pretending to be Canadians may push “breaking news” about a U.S. issue to make it seem like a major crisis.

Encrypted Messaging Apps

Foreign operatives often use apps like WhatsApp, Telegram, or Signal to send propaganda. The apps use encryption, which can help hide the content of their messages. This can make it easier to spread false information or influence people without being noticed.

A foreign influence group may share false stories about Israel in a private WhatsApp group chat, linking the country to some recent event. This is done to sway public opinion before an election.

Is Election Interference a Federal Crime in America?

It depends. Election interference becomes a federal crime when it violates specific federal statutes. Whether particular conduct constitutes a federal crime depends on factors such as:

• A ballot that includes one or more federal candidates
• An election official abuses their authority
• Intentionally false voter registrations are involved
• It intentionally targets protected minority groups
• Federal campaign finance laws are violated

These criteria reflect the federal government‘s seriousness about election interference.

Foreign Interference vs. Domestic Interference

Foreign and domestic interference are two distinct concepts. Both can harm elections, but they are legally and politically different. We briefly discuss these differences below.

Foreign Interference

Foreign interference involves actions by a foreign country, foreign nationals, or foreign agents. Their goal is to manipulate U.S. political processes for their own benefit. Examples include:

• Cyberattacks
• Disinformation campaigns
• Covert operations
• Attempts to sway election results

Countries like Iran, Russia, and others have been linked to such activities. These include Iranian actors who have been accused of sending threatening emails to voters in New York and other states during recent election cycles.

Domestic Interference

Domestic interference happens inside the United States and involves U.S. actors. The intent may vary, but the goal is generally to disrupt or influence the election process. This might take the form of:

• Lobbying
• Propaganda
• Illegal campaign contributions
• Manipulating social media platforms

Both types of interference can damage trust in elections, but foreign interference raises additional national security concerns.

Protecting U.S. Elections From Foreign Interference

Democracy can’t function properly if citizens don’t trust the election results. The U.S. uses a combination of laws, regulations, and executive actions to protect elections.

Let’s examine some of the protections in place to safeguard the integrity of U.S. elections.

Executive Order 13848

President Donald Trump issued Executive Order 13848 on September 12, 2018. It declared a national emergency under the International Emergency Economic Powers Act, citing the threat of foreign interference in U.S. elections.

The order requires:

• Assessments of foreign interference after every federal election
• Reports from intelligence agencies
• Possible sanctions against foreign actors

The national emergency has been renewed every year since 2018. The most recent renewal extends the national emergency until September 12, 2026.

Foreign Agents Registration Act (FARA)

In 1938, Congress passed the FARA to increase transparency related to foreign influence. It places obligations on parties acting on behalf of foreign governments or political interests. They must:

• Register with the Department of Justice (DOJ)
• Disclose their activities
• Report financial relationships

Failure to do so can lead to criminal charges, civil penalties, or both. FARA violations can also occur when foreign agents secretly attempt to influence U.S. political processes.

Countering America’s Adversaries Through Sanctions Act (CAATSA)

In 2017, Congress passed CAATSA to punish and deter a range of destabilizing activities by Russia, Iran, and North Korea. This includes election interference, cyberattacks, and other threats to national security. The CAATSA allows the U.S. to place strong sanctions on these foreign governments and individuals for such acts.

Other Legislative Efforts

Congress has also proposed several bills to strengthen election security. These include:

• The Election Security Act
• The Prevention of Foreign Interference with Elections Act of 2019

These bills didn’t pass, but they highlight ongoing concerns about protecting election systems.

Election Contributions and Donations

Under U.S. Code, foreign nationals aren’t allowed to contribute, donate, or promise to donate money or “other thing of value” to any American election.

This prohibits contributions to American:

• Candidates
• Political parties
• Political committees
• Campaign committees

While the meaning of money is clear, “other thing of value” is ambiguous.

What Counts as a “Thing of Value”?

“Thing of value” is a well-established legal term. Courts usually interpret it to include both tangible and intangible benefits. In the context of elections, it can also be:

• Opposition research
• Services provided by foreign consultants or strategists
• In-kind contributions, like free advertising or discounted services
• Access to foreign media outlets
• Coordinated messaging support

Congress intentionally used this broad language to prevent loopholes and adapt to new forms of influence. As such, it is continually being interpreted by the courts and the Federal Election Commission (FEC).

State and Federal Roles in Election Protection

Foreign interference is a national security issue, but the states primarily run U.S. elections. Efforts to curb election interference occur at both the state and federal levels. Cooperation is key to success.

State Responsibilities

States carry out the core functions of election administration. Their decisions shape how elections operate on the ground. State duties include:

• Election administration
• Voter registration
• Ballot design
• Vote counting

These measures illustrate the central role states play in safeguarding election integrity.

State and local officials are also the first line of defense against cyberattacks and misinformation. State laws often provide stronger protections than the federal baseline.

Federal Responsibilities

The federal government provides oversight, resources, and national-level protection against foreign threats. Federal agencies provide support and intelligence. These include the DHS, FBI, and the Cybersecurity and Infrastructure Security Agency (CISA).

Federal laws set the minimum standards for federal elections. They address a range of issues, including:

• Foreign interference
• Campaign finance
• National security threats

This range of federal efforts helps ensure that states have the tools needed to defend against sophisticated threats. Indeed, many states also receive threat assessments from CISA’s Election Security Advisor program.

Enforcement of Foreign Interference Laws

Several government agencies share responsibility for investigating and enforcing laws related to foreign election interference.

Parties that break these laws can face serious consequences. Depending on the violation, this might include criminal charges, civil penalties, and sanctions.

This section explores enforcement and penalties in further detail.

Federal Agencies

Federal agencies play a central role in enforcement efforts. They investigate potential violations and coordinate with the states. These include:

• FBI: Investigates cyberattacks, foreign influence efforts, threats against election workers, and other violations of federal election laws
• DOJ’s Election Crimes Branch: Handles criminal prosecutions and works with U.S. Attorneys to enforce federal statutes connected to elections
• FEC: Oversees campaign finance rules, making sure candidates follow reporting requirements and do not accept money from foreign sources

Federal statutes allow for fines and prison time for certain offenses. These include accepting foreign contributions and intimidating voters. Penalties can increase if conspiracy charges are involved.

State Agencies

State agencies enforce their own election laws.

State and local law enforcement also assist federal authorities when potential federal violations appear in state or local elections. This might include:

• Reporting suspicious activity
• Sharing evidence
• Investigating cases that may violate federal law

Many states also have their own laws. They typically ban foreign-funded contributions, intimidation/fraud, and tampering with voting systems. When violations occur, state attorneys general and local prosecutors can bring charges under state law.

Penalties vary by state. They often include fines, jail time, or sanctions.

Practical Guidance

If you suspect foreign interference, you can report it to your state or local election office. You can also contact the FBI’s local field office with your concerns. We address other common questions below.

What if a Foreign National Offers Me Campaign Assistance?

Federal law generally prohibits accepting such assistance. Campaign officials who receive such offers should decline them and report the contact to authorities. Individuals in this situation may wish to consult with an election law attorney about their specific circumstances.

Where Can I Find Official Election Information?

The most reliable information comes from state election websites, local election offices, and trusted federal resources like Vote.gov. This site provides official nationwide information. Voters can avoid confusion by relying on these and other verified websites.

How Can I Avoid Disinformation?

Staying alert to disinformation helps protect your vote. Be cautious of posts that use strong emotions, lack evidence, or come from unknown accounts. If something seems designed to shock or divide people, pause before sharing it. Look for original sources instead of screenshots or forwarded messages.

Always check election claims against reliable news outlets or other trusted sources. You can verify claims using fact-checking sites like:

• FactCheck.org
• PolitiFact
• Snopes

CISA also offers guidance on election security and hosts a helpful “Rumor Control” page.

Navigating Federal Election Law

Foreign interference laws can be confusing, particularly when the rules vary by state. A qualified attorney can explain what actions might create legal risk and how to handle unusual situations

They can also help you avoid mistakes that might lead to fines or other consequences.

If you’d like professional guidance but aren’t quite sure where to turn, you’re not alone. FindLaw has made its directory of election law attorneys publicly accessible. You can review background information about local experts using this resource. It will also tell you which ones offer free consultations.

Look for someone who regularly handles situations like yours and arrange a meeting. Understanding your options is essential at this time.