Jonah Patel
Foreign nationals are prohibited by federal law from contributing to, or participating in, any federal, state, or local election in the United States. This includes donations, expenditures, and decisions involving election-related activities. However, there are exceptions to this rule, as foreign nationals with green cards are excluded from the definition of a foreign person and are therefore eligible to contribute money and/or services to a U.S. political campaign. This has led to some ambiguity, as the definition of what kind of service is allowed remains vague. This article will explore the role of resident aliens in political campaigns, providing insight into the restrictions and exceptions that shape their involvement.
Characteristics and Values
| Characteristics | Values |
|---|---|
| Who is considered a foreign national? | An individual who is not a citizen of the United States and is not lawfully admitted for permanent residence. |
| Who can contribute to political campaigns? | Only green card holders can contribute financially to the political campaign of a presidential candidate. |
| What is prohibited for foreign nationals? | Contributing, donating, or spending funds in connection with any federal, state, or local election in the United States, either directly or indirectly. |
| What is the penalty for violating the rules? | Persons who knowingly and willfully engage in prohibited activities may be subject to fines and/or imprisonment. |
| Can foreign nationals volunteer for campaigns? | Foreign nationals who do not have green cards can help a political campaign through voluntary non-monetary contributions of services without compensation. |
| What about foreign nationals with U.S. bank accounts? | If a contribution is received from a foreign national with a U.S. bank account, further inquiry into their nationality is required. |
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What You'll Learn
- Foreign nationals are prohibited from contributing to federal, state, or local elections
- Foreign nationals with green cards can contribute financially to political campaigns
- Foreign nationals without green cards can provide volunteer services to campaigns
- Foreign nationals cannot donate to Social Welfare Organizations (SWOs) earmarked for a specific candidate
- Foreign nationals are prohibited from participating in decisions involving election-related activities
Foreign nationals are prohibited from contributing to federal, state, or local elections
FARA, enacted in 1966, aimed to reduce foreign intervention in US elections by imposing restrictions on foreign individuals. In 1974, these prohibitions were incorporated into FECA, which explicitly prohibits foreign nationals from contributing to, donating to, or spending funds in connection with any US election, either directly or indirectly. This includes contributions to political party committees, organizations, and state or local party committees, as well as donations to inaugural committees. It is also unlawful to help foreign nationals violate this ban or to solicit, receive, or accept contributions or donations from them.
The prohibition on foreign national contributions extends to decisions regarding election-related activities. Foreign nationals are prohibited from participating in, dictating, controlling, or influencing decisions concerning contributions, donations, expenditures, or disbursements in connection with any election. This includes providing substantial assistance in the making of electioneering communications or expenditures. The prohibition also covers acting as a conduit for foreign national contributions and applies to both federal and non-federal elections.
It is important to note that the definition of a "foreign national" is broad and includes foreign persons or entities (corporations). However, individuals with green cards are excluded from this definition and are considered permanent residents, allowing them to contribute to elections. Additionally, some foreign nationals without green cards may contribute voluntarily through non-monetary services, as long as they are not compensated.
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Foreign nationals with green cards can contribute financially to political campaigns
Foreign nationals who are permanent residents of the United States with green cards can contribute financially to political campaigns. According to the Federal Election Commission (FEC), a foreign national is defined as an individual who is not a citizen of the United States and is not lawfully admitted for permanent residence. However, those with green cards are excluded from this definition and are considered permanent residents.
The Federal Election Campaign Act (FECA) prohibits foreign nationals 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. However, as green card holders are not considered foreign nationals, they are legally permitted to contribute financially to political campaigns.
It is important to note that there are strict rules governing what foreign citizens, including green card holders, can do during an election campaign. While green card holders can contribute financially, they may still be subject to certain restrictions and disclosure requirements. Additionally, foreign nationals who do not have green cards are prohibited from participating in any decisions involving election-related activities and may only help a political campaign through voluntary non-monetary contributions of services.
In conclusion, while foreign nationals with green cards can contribute financially to political campaigns in the United States, it is important for them to be aware of the specific rules and regulations that apply to their involvement in the political process. These rules are in place to ensure the integrity of the US electoral system and to prevent foreign influence on elections. As such, individuals should seek legal counsel before contributing to ensure they are in compliance with all applicable laws and regulations.
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Foreign nationals without green cards can provide volunteer services to campaigns
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 direct and indirect contributions to candidates' campaigns and donations to political party committees and organizations. However, foreign nationals without green cards can provide volunteer services to campaigns without financial compensation. This exemption allows them to legally support a political campaign without making monetary contributions, which are prohibited for those without permanent resident status.
The Federal Election Campaign Act (FECA) prohibits foreign nationals from contributing, donating, or spending funds on any US election, whether federal, state, or local. This prohibition is very broad and includes advances of personal funds, contributions to political party committees, and expenditures on electioneering communications. Foreign nationals are also prohibited from participating in decisions involving election-related activities. These restrictions aim to prevent foreign influence in US elections and ensure that only eligible US citizens and permanent residents participate in the political process.
The term "foreign national" refers to any individual who is not a US citizen and does not have lawful permanent residence status, as defined by US immigration laws. This includes foreign governments, political parties, and entities organized or based in foreign countries. However, foreign nationals with green cards are excluded from this definition, as they have been granted permanent residence in the United States.
While foreign nationals without green cards cannot contribute financially to political campaigns, they can still engage in certain activities to support their preferred candidates. One way is through volunteer work, as long as it is non-compensated. This allows foreign nationals to offer their time and skills to a campaign without exchanging money, which could violate FECA. Examples of volunteer activities may include canvassing, phone banking, or providing professional services pro bono, as long as there is no financial remuneration.
It is important for foreign nationals without green cards to exercise caution and seek legal advice before participating in any political campaign activities. The regulations surrounding foreign involvement in US elections are complex, and violations can result in severe penalties, including fines and criminal prosecution. By staying informed and consulting legal experts, foreign nationals can ensure their participation complies with the law and does not inadvertently violate any campaign regulations.
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Foreign nationals cannot donate to Social Welfare Organizations (SWOs) earmarked for a specific candidate
In the United States, federal law prohibits foreign nationals from contributing to or participating in any federal, state, or local election. This includes donations to political party committees, organizations, and candidates. Foreign nationals are also prohibited from donating to inaugural committees, and it is illegal to knowingly accept such donations.
A foreign national is defined as an individual who is not a citizen of the United States and is not lawfully admitted for permanent residence. However, an individual who is not a US citizen but has a "green card" indicating lawful permanent residence in the US is eligible to make contributions. Additionally, federal contractors, corporations, labor organizations, and national banks are prohibited from contributing to political campaigns.
While Social Welfare Organizations (SWOs) are exempt from disclosing their donors, foreign nationals cannot donate to an SWO and earmark the donation for a specific candidate. This is because it violates the law against foreign nationals making campaign contributions. This practice, known as "dark money," is difficult to trace due to the lenient disclosure laws applicable to SWOs.
It is important to note that these restrictions on foreign nationals aim to ensure the integrity of the US political process and prevent foreign influence in US elections. The Federal Election Commission (FEC) provides guidance on these matters, and it is essential to refer to the relevant laws and regulations for comprehensive information.
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Foreign nationals are prohibited from participating in decisions involving election-related activities
The definition of a "foreign national" is any person who is not a US citizen and does not have a green card. Green card holders are exempt from the definition of a foreign national and are legally eligible to contribute money and/or services to a US political campaign. However, even for green card holders, there are limits to financial contributions, and the volunteer exemption only applies if the foreign national is not compensated.
In some cases, foreign nationals may be able to help a political campaign through voluntary non-monetary contributions of services. For example, 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." However, foreign nationals should exercise caution and seek legal counsel before getting involved in the US election process, as the penalties for violating these prohibitions can be severe.
It is important to note that the prohibition on contributions by foreign nationals applies to all US elections, including the presidential and congressional election cycle. Additionally, political actors can face severe penalties for accepting contributions from foreign nationals, and they routinely ask whether the donor is a US citizen or permanent resident.
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Frequently asked questions
Yes, a resident alien with a green card is allowed to contribute financially to a political campaign. However, there are limits to such financial contributions.
No, a resident alien without a green card is considered a foreign national and is prohibited from contributing, donating, or spending funds in connection with any federal, state, or local election in the United States.
No, foreign nationals are prohibited from participating in decisions involving election-related activities.
