Non-Citizen Political Campaign Work: Legal Or Not?

Foreign nationals are prohibited by federal law from contributing to, donating to, or participating in decision-making for any federal, state, or local election in the United States. This includes donations to political parties, committees, and organizations. However, there are some exceptions to these rules. Foreign nationals who are not compensated and do not have green cards can legally help a political campaign by volunteering their services. Green card holders are also exempt from these restrictions and are permitted to contribute money and/or services to a U.S. political campaign.

Can a non-citizen work on a political campaign in the USA?

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Foreign nationals can volunteer for political campaigns as long as they are not compensated

Foreign nationals are prohibited from contributing, donating, or spending funds in connection with any federal, state, or local election in the United States. This includes direct and indirect contributions and applies to all US elections. Federal law also prohibits foreign nationals from participating in decisions involving election-related activities.

However, it's important to note that there are some exceptions to these rules. Foreign nationals who do not have green cards may still be able to help a political campaign through voluntary non-monetary contributions of services. The Federal Election Campaign Act (FECA) provides a "volunteer" exemption, allowing foreign nationals to volunteer for political campaigns as long as they are not compensated. This exemption ensures that individuals who are not US citizens can offer their personal services to a federal candidate or federal political committee without making a monetary contribution.

The "non-compensated" rule is quite vague, and the Federal Election Commission (FEC) has addressed this issue in advisory opinions. For example, in Advisory Opinion 1987-25, the FEC permitted a foreign national student to provide uncompensated volunteer services to a presidential campaign. Additionally, in 2008, the FEC ruled that Sir Elton John, a foreign national, organizing a $2.5 million fundraiser for Hillary Clinton's campaign was considered "volunteer service."

It is crucial for foreign nationals to be upfront about their status and ensure they are not making any contributions to the campaign when volunteering. While these exemptions allow foreign nationals to engage in the political process, they must exercise caution and seek legal counsel to ensure they do not inadvertently violate any regulations.

Foreign nationals are prohibited from contributing funds to any US election campaign

The prohibition is very broad and covers all US elections, including the presidential and congressional election cycles. It also includes decisions concerning the making of contributions, expenditures, or disbursements in connection with any election, as well as the administration of a political committee.

There are, however, some exceptions to the rule. Foreign nationals who do not have green cards can still help a political campaign through voluntary non-monetary contributions of services. This "volunteer" exemption applies as long as the foreign national is not compensated by anyone. In Advisory Opinion 1987-25, the Commission allowed a foreign national student to provide uncompensated volunteer services to a presidential campaign.

Additionally, an individual who is not a US citizen but has a green card indicating lawful permanent residence in the US is eligible to make monetary contributions to a political campaign.

It is important to note that it is unlawful to provide assistance to foreign nationals making contributions to political campaigns in violation of FECA. It is also illegal for candidates to knowingly solicit, accept, or receive contributions or donations from foreign nationals, and those who do so may be subject to fines and/or imprisonment.

Foreign nationals are prohibited from participating in decisions involving election-related activities

Foreign nationals are prohibited from participating in decisions concerning election-related activities in the US. This is a broad prohibition that covers all US elections, including federal, state, and local elections. The Federal Election Campaign Act (FECA) prohibits foreign nationals from contributing, donating, or spending funds in connection with any election in the US, either directly or indirectly. This includes making contributions to political parties, committees, or organizations, as well as expenditures on things like office buildings.

The prohibition also extends to "electioneering communications", which are defined as communications that refer to a clearly identified candidate for federal office and are made within specific timeframes relative to an election. Foreign nationals are also prohibited from donating to an inaugural committee.

While foreign nationals without green cards are restricted from making monetary contributions, they may be able to provide voluntary non-monetary contributions of services to a campaign, as long as they are not compensated for their time. This "volunteer exemption" allows foreign nationals to offer uncompensated volunteer services to a campaign without making a financial contribution. However, it is crucial for foreign nationals to be upfront about their status and ensure they are not in violation of any other aspects of the law.

It is important to note that the definition of what constitutes a "foreign national" is broad and includes foreign persons or entities, such as corporations. However, individuals with green cards are excluded from this definition and are legally eligible to contribute money and services to US political campaigns.

To summarize, while foreign nationals are prohibited from participating in decisions involving election-related activities, they may have some avenues to support a campaign indirectly through voluntary non-monetary contributions, as long as they adhere to the specific regulations and exemptions outlined by the Federal Election Commission.

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Foreign nationals without green cards can help political campaigns via non-monetary contributions

Foreign nationals without green cards are prohibited from contributing, donating, or spending funds in connection with any federal, state, or local election in the United States. This includes decisions concerning the making of contributions, expenditures, or disbursements in connection with any election. It is also unlawful to help foreign nationals violate this ban or to solicit, receive, or accept contributions or donations from them.

However, it is important to note that foreign nationals who do not have green cards can still legally participate in the political process and help a political campaign through voluntary non-monetary contributions of services. The Federal Election Campaign Act (FECA) provides a "volunteer" exemption, allowing uncompensated volunteer services from foreign nationals. This exemption applies as long as the foreign national is not compensated by anyone for their services.

The definition of what constitutes a "non-compensated" service is quite vague, and the Federal Election Commission (FEC) has addressed this ambiguity in advisory opinions. For example, in Advisory Opinion 1987-25, the FEC permitted a foreign national student to provide uncompensated volunteer services to a presidential campaign. Additionally, during the 2008 campaign, the FEC ruled that Sir Elton John, a foreign national, organizing a $2.5 million fundraiser for Hillary Clinton's campaign was considered "volunteer service."

While foreign nationals without green cards can provide non-monetary contributions, it is crucial to exercise caution and seek legal counsel before engaging in any political campaign activities. The restrictions on foreign national involvement apply to all US elections, and severe penalties may be imposed on political actors who accept prohibited contributions.

Foreign nationals must disclose their status to avoid campaigns inadvertently breaking the law

Foreign nationals are prohibited from contributing, donating, or spending funds in connection with any federal, state, or local election in the United States. This includes decisions concerning the making of contributions, expenditures, or disbursements in connection with any election. Federal law prohibits campaigns from soliciting or accepting any contributions from foreign nationals. This prohibition includes advances of personal funds, gifts, subscriptions, loans, or deposits of money or anything of value given to influence an election.

However, there is a "volunteer exemption" that allows foreign nationals to provide uncompensated volunteer services to a campaign. This exemption applies as long as the foreign national is not compensated by anyone and discloses their status as a foreign national to the campaign. Failure to do so may result in severe penalties for the campaign, including fines and/or imprisonment.

To avoid campaigns inadvertently breaking the law, foreign nationals must disclose their status and ensure they are not providing anything of value that could be considered a contribution. This includes not only monetary contributions but also any personal services rendered without charge to the campaign.

It is important to note that the definition of what constitutes a "contribution" is vague, and foreign nationals should exercise caution and seek legal counsel before getting involved in any way with a political campaign in the United States.

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