Isabella Carter
Foreign nationals are prohibited by federal law from contributing, donating, or spending funds in connection with any federal, state, or local election in the United States, either directly or indirectly. This includes decisions concerning the making of contributions, expenditures, or disbursements in connection with any election or decisions concerning the administration of a political committee. Foreign nationals with green cards are excluded from this definition and are permitted to contribute financially to the political campaign of a presidential candidate. However, there is a significant loophole: federal law exempts organizations known as Social Welfare Organizations (SWOs) from disclosing their donors, so long as at least half of the SWO's activities are non-political. As a result, a SWO could accept donations from foreign nationals and then donate to a political organization, without disclosing the original source of the funds.
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What You'll Learn
- Foreign nationals are prohibited from contributing to US campaigns
- Foreign nationals with green cards can contribute to campaigns
- Foreign nationals can provide volunteer services to campaigns
- Foreign nationals can donate to Super PACs via Social Welfare Organisations
- Foreign nationals are prohibited from participating in election-related decisions
Foreign nationals are prohibited from contributing to US campaigns
Federal law prohibits foreign nationals from contributing to any federal, state, or local elections in the US. This includes direct and indirect contributions, donations, expenditures, and disbursements. Foreign nationals are also prohibited from participating in decisions involving election-related activities, such as making contributions or donations.
The Federal Election Campaign Act (FECA) makes it illegal for foreign nationals to contribute to a candidate's campaign at any level of US elections. A foreign national is defined as any individual who is not a US citizen and does not have a green card, indicating lawful permanent residence in the US. This prohibition extends to foreign governments, foreign-owned companies, and subsidiaries.
The Federal Election Commission (FEC) is responsible for enforcing this statute and can impose civil fines or refer cases to the Department of Justice (DOJ) for criminal prosecution if violations are committed knowingly and willingly. Despite the FEC's commitment to combatting foreign influence in US elections, there have been concerns about its effectiveness in enforcing these laws.
To ensure compliance, it is essential for political committees to take steps to verify that the contributions they receive do not originate from foreign nationals. This includes verifying the citizenship or permanent resident status of contributors.
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Foreign nationals with green cards can contribute to campaigns
Foreign nationals are prohibited by federal law from contributing, donating, or spending funds in connection with any federal, state, or local election in the United States, either directly or indirectly. This includes donations to political party committees and organizations, and the purchase or construction of office buildings. Foreign nationals are also prohibited from participating in decisions involving election-related activities.
However, according to the Foreign Agents Registration Act (FARA), persons with green cards are excluded from the definition of a foreign person. This means that foreign nationals with green cards are allowed to contribute financially to the political campaign of a presidential candidate, including political action committees (PACs). The Federal Election Commission (FEC) states that an individual who is not a citizen of the United States is eligible to make a contribution if they have a "green card" indicating that they are lawfully admitted for permanent residence in the United States.
It is important to note that there are limits to financial contributions by foreign nationals with green cards, but these are outside the scope of this article. Additionally, it is unlawful to provide assistance to foreign nationals making contributions to political campaigns in violation of the Federal Election Campaign Act (FECA). This includes knowingly soliciting, accepting, or receiving contributions or donations from foreign nationals.
While foreign nationals with green cards can contribute financially, those without green cards may still be able to help a political campaign through voluntary non-monetary contributions of services. The Act provides that the "volunteer" exemption applies as long as the foreign national is not compensated by anyone. However, foreign nationals without green cards should exercise caution and seek legal counsel before getting involved in the U.S. election process, as the definition of what constitutes a permitted service is vague.
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Foreign nationals can provide volunteer services to campaigns
Foreign nationals are prohibited by federal law from contributing, donating, or making expenditures in connection with any federal, state, or local election in the United States. This includes indirect contributions, such as when a corporation reimburses its employees for their contributions. However, foreign nationals can provide volunteer services to campaigns without making any contributions.
The Federal Election Campaign Act (FECA) and Commission regulations specifically prohibit foreign nationals from participating in the decision-making processes of campaigns or any election-related activities. This means that while foreign nationals can attend committee events and campaign strategy meetings as volunteers, they cannot be involved in the management of the committee or influence decisions regarding contributions, donations, or expenditures.
To ensure compliance with the law, foreign nationals who wish to volunteer for a political campaign must be cautious and seek legal counsel beforehand. It is important to be clear about one's status as a foreign national and refrain from making any contributions to the campaign. Volunteering personal services, such as using one's home for campaign-related activities, is allowed as long as the individual is not compensated.
The definition of a "foreign national" is important in this context. According to U.S. law, a foreign national is defined as a foreign person or entity (including corporations), excluding those with green cards. Individuals with green cards are considered lawfully admitted for permanent residence in the U.S. and are therefore eligible to contribute money and/or services to a political campaign.
In summary, while foreign nationals are restricted from making financial contributions to political campaigns, they can provide volunteer services as long as they do not participate in decision-making processes or influence election-related activities. It is crucial for foreign nationals to understand and comply with these regulations to avoid legal consequences.
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Foreign nationals can donate to Super PACs via Social Welfare Organisations
Federal law prohibits foreign nationals from contributing to, or participating in decisions involving, election-related activities in the US. This includes donations to political party committees and organisations, as well as independent expenditures and disbursements.
However, there is a loophole. Foreign nationals can donate to Social Welfare Organisations (SWOs), also known as 501(c)(4) groups. These organisations are exempt from disclosing their donors, as long as at least half of their activities are non-political. This means that foreign nationals can donate to SWOs, and these organisations can then contribute to Super PACs. A Super PAC can spend unlimited sums to advocate for or against political candidates.
For example, a foreign national could donate to the National Rifle Association (NRA), a SWO, and the NRA could then contribute to a Super PAC. The Super PAC would disclose the NRA as a donor, but the foreign national's identity would remain unknown. It is important to note that foreign nationals violate the law if they donate to a SWO and earmark the donation for a specific candidate.
A bill was introduced in the US House of Representatives in July 2023 to restrict foreign nationals' contributions to SWOs, but it has not yet been voted on.
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Foreign nationals are prohibited from participating in election-related decisions
Federal law prohibits foreign nationals from contributing, donating, or spending funds in connection with any federal, state, or local election in the United States, either directly or indirectly. This includes decisions concerning the making of contributions, donations, expenditures, or disbursements in connection with any election. Foreign nationals are also prohibited from participating in decisions involving election-related activities.
The Federal Election Campaign Act (FECA) makes it illegal for foreign nationals to contribute financially to a candidate's campaign in any American election, be it federal, state, or local. This includes independent expenditures and disbursements solicited, directed, or received by foreign nationals. A foreign national is defined as any person who is not a U.S. citizen and does not have a green card.
While the FECA prohibits foreign nationals from contributing financially to political campaigns, there are some exceptions. Foreign nationals who do not have green cards can provide voluntary non-monetary contributions of services to a campaign as long as they are not compensated. This "non-compensated" rule is vague, and the Federal Election Commission (FEC) has provided advisory opinions to clarify its nuances. For example, in Advisory Opinion 1987-51, the FEC allowed a foreign national student to volunteer for a Presidential campaign without compensation. In contrast, Advisory Opinion 1981-51 prohibited a foreign national artist from donating their services for a Senate campaign fundraiser.
It is important to note that it is unlawful to provide assistance to foreign nationals making contributions to political campaigns in violation of FECA. This includes knowingly soliciting, accepting, or receiving contributions or donations from foreign nationals. Violations of these laws can result in civil fines and even criminal liability, with cases referred to the Department of Justice (DOJ) for prosecution.
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Frequently asked questions
No, federal law prohibits foreign nationals from contributing, donating, or spending funds in connection with any federal, state, or local election in the US.
A foreign national is any person that is not a US citizen and does not have a green card.
Foreign nationals who do not have green cards can help a political campaign via voluntary non-monetary contributions of services. However, they must not be compensated for their services.
Persons who knowingly and willingly engage in these activities may be subject to fines and/or imprisonment. The Federal Election Commission (FEC) enforces this statute by imposing civil fines, but criminal liability is also a possibility.
Yes, federal law exempts Social Welfare Organizations (SWOs) from disclosing their donors, as long as at least half of the SWO's activities are non-political. As a result, an SWO could accept donations from foreign nationals and then donate to a political Super PAC.
