Vinod Kumar Shukla
In Abraham Lincoln’s words democracy is a government of the people, by the people and for the people which supposedly means free from any influence to protect the rights of citizens of democratic self-governance.
But foreign intervention has become a big challenge for democratic countries around the world and the US is also not free from it. To facilitate all this, US federal law prohibits foreign citizens and governments from spending in any election in the US. But certain foreign players cocked a snook at law in 2016 and 2020 by spending huge money to influence US elections exposing vulnerabilities of campaign finance laws. Such elements are still at work in the 2024 elections.
With the digital world being a reality, laws governing campaign finance systems failed to catch up. Inaction by Federal Election Commission (FEC) and inadequate Electoral Transparency Laws allow foreign players to influence US elections. Around $1 billion “dark money,” has been spent over the past one decade. National Counterintelligence And Security Center tells that foreign interference fall into five categories: Cyber operations targeting election infrastructure; Cyber operations targeting political parties, campaigns, and public officials; Covert influence operations to assist or harm political organizations, campaigns, or public officials; Covert influence operations to influence public opinion and sow division; and Covert efforts to influence policymakers and the public. Narrative of political image; internet communities created for specific electoral goals and extensive use of humour and satire to influence electorates were at play in the campaigns in the US.
The US State Department recently alleged Russia for covertly spending over $300 million since 2014 to influence elections in more than two dozen countries which is just the tip of the iceberg. US Secretary of State Antony Blinken during his three-day visit to China in April 2024 said that there is evidence of Chinese attempts to “influence and arguably interfere” upcoming US elections, despite Chinese President Xi Jinping’s commitment not to do so. A Microsoft research report published in April 2024 suggests that Russian online campaigns to influence November 2024 US elections geared up over the past 45 days, but the pace is slower than the past elections. Russia-linked accounts are allegedly disseminating divisive content. The observation of Microsoft is that activities of Russia are not as intense as in previous elections but it may increase in the days to come. Online disinformation campaigns are unleashed with posts starting with a whistleblower or citizen journalist posting content on a video channel or social media. That content is mostly taken up by websites like DC Weekly, Miami Chronicle and The Intel Drop. However, the Kremlin has denied any such meddling in November 2024 elections and also in 2016 and 2020 elections.
China too has been interfering in the democratic process of countries across the world for a long time which has now become a foreign policy trouble for the US administration especially for those managing the poll process. Both Joe Biden and Donald Trump are of the view that China has the intent and capabilities to challenge the US-led world order. But the Biden administration has outlined several reasons to remain engaged with China. This might make sense to US companies working in China and to political realists who don’t see much wrong in working out a way to coexist with another great power. But 81 per cent Republicans, 59 per cent Independents and 56 per cent Democrats see China as a threat giving Republicans a political stick to beat Biden with for going soft on China. As it gives green signal to foreign interests to spend money on elections despite the fact that there is a ban on foreign spending in Federal, State, and local elections. The FEC interprets the ban applicable on contesting elections and letting foreign players pour millions in elections.
For the US, dealing with foreign interference in elections has been critical since Russia allegedly worked to influence the outcome of the 2016 presidential election. Investigations reveal that Russia targeted Black Americans on social media to disincentivize them from voting in the 2016 election — the tactics were aimed at magnifying race-based societal divisions. Since then, the US adopted a whole-of-government approach against election cyberthreats and foreign interference ensuring that all government agencies work in tandem to track and counter cyberthreats on election-related manipulations to protect voters’ objectivity and election infrastructure.
China has been meddling elections in every corner of the globe and the US being the most apparent target for its geopolitical interests. In February 2024, the Office of the Director of National Intelligence stated: “Beijing is expanding its global covert influence posture to better support the CCP’s goals. The PRC aims to sow doubts about US leadership, undermine democracy, and extend Beijing’s influence.” The US media extensively reported that covert Chinese accounts were masquerading online as American supporters of former President Donald Trump, promoting conspiracy theories, stoking domestic divisions and attacking President Biden ahead of the November election. This ‘spamouflage’ prompted Meta to take down thousands of fake Facebook accounts operating in China.
But Chinese interference in elections is a significant policy change. In 2021, the US intelligence departments concluded that China would not interfere in US elections. The Chinese decision was attributed to the fact that costs of being caught meddling harms the country of potential benefits as Russia’s efforts to interfere in the 2016 election significantly damaged Moscow’s position and relationship with the US.
Still the US authorities were not off guard and were looking at every aspect of foreign intervention knowing well that if there is any gap in the US laws and they remained unaddressed, foreign players can and will exploit them. Plugging loopholes that permit foreign spending and making the source of campaign funds transparent can prevent foreign players influencing the US elections. A strong policy to prevent foreign interference in elections must include updating treatment of digital campaign advertisements and requiring disclosure of the true source of campaign funds. But also spending in elections by foreign influenced corporations should be prohibited and explicitly extend the foreign national ban to prohibit spending to influence elections.
Prohibition on foreign spending needs to be expanded to ensure that corporations with significant foreign influence cannot spend in elections. This means specifically preventing political spending by corporations that are considered “foreign-influenced” including corporations with a foreign owner involved in political spending, non-profit organizations receiving donations from foreign sources and many such entities. Current federal law includes a ban on foreign spending in connection with US elections for federal, state, and local office, but a more effective ban would also prohibit foreign nationals from spending on state and local elections that can have a far-reaching impact. Free and fair elections are the most direct form of democratic self-government where foreign spending has no place.
(Author is a senior journalist. Views expressed are personal and solely those of the author)