Jonah Patel
In the United States, the right to donate to political campaigns is restricted to US citizens and certain legal residents. Green card holders are considered foreign nationals and are prohibited from donating to federal political campaigns, including presidential, congressional, and other federal elections. However, they are allowed to donate to state and local campaigns as long as they comply with specific state laws. Green card holders can also contribute to Political Action Committees (PACs) and other political organizations, but with certain restrictions, and they must ensure they understand the rules and restrictions around political donations in their jurisdiction.
| Characteristics | Values |
|---|---|
| Who can contribute to political campaigns? | Only citizens of the United States, or permanent legal residents (green card holders in permanent status) |
| Who cannot contribute to political campaigns? | Foreign nationals, which includes green card holders |
| What is a foreign national? | Any person that is not a U.S. citizen and does not have a green card |
| What is prohibited? | Contributions, donations, expenditures, and disbursements solicited, directed, received or made directly or indirectly by or from foreign nationals in connection with any federal, state, or local election |
| What is the penalty for violating the law? | Civil fines, criminal liability, and referral to the Department of Justice (DOJ) for criminal prosecution |
| What can green card holders donate to? | State and local campaigns, as long as they comply with the specific laws of their state |
| What else can green card holders contribute to? | Political organizations that are not directly involved in campaigning, such as nonprofit organizations focused on political education, advocacy, or reform |
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What You'll Learn
Green card holders can donate to state and local campaigns
Green card holders are considered foreign nationals in the context of US elections. Foreign nationals are prohibited by federal law from contributing to federal, state, or local elections. This includes donations to political party committees and organizations, state or local party committees, and electioneering communications.
However, green card holders are considered permanent legal residents of the US and are therefore exempt from the restrictions on foreign nationals. They are allowed to donate to state and local campaigns, as long as they comply with the specific laws of their state. Each state has its own rules regarding who can contribute to local elections, but typically, green card holders are permitted to donate at these levels.
It is important to note that green card holders cannot donate to federal campaigns or candidates running for federal office, such as the US Senate or House of Representatives. This restriction is based on the idea that foreign interference in federal elections should be prevented.
Green card holders interested in supporting political causes or candidates at the state or local level should verify the rules in their jurisdiction and ensure they understand the restrictions around political donations.
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They cannot donate to federal campaigns
While green card holders are considered permanent legal residents of the United States, they are not U.S. citizens and are therefore classed as foreign nationals. Federal law prohibits foreign nationals from contributing to federal political campaigns, which includes presidential, congressional, and other federal elections. This restriction is based on the idea that foreign nationals should not be able to influence federal elections, as it could potentially lead to foreign interference.
Green card holders are, however, allowed to donate to state and local campaigns, as these fall under state jurisdiction. Each state has its own rules about who can contribute to local elections, but typically, green card holders are permitted to donate at these levels. Even so, green card holders must ensure they are complying with the specific laws of their state.
Green card holders are also able to donate to Political Action Committees (PACs) and other political organizations, but with certain restrictions. PACs must still comply with federal law, so they cannot accept donations from non-citizens. Additionally, green card holders may contribute to political organizations that are not directly involved in campaigning, such as nonprofit organizations focused on political education, advocacy, or reform.
It is important to note that the laws and restrictions surrounding political donations can be complex, and green card holders interested in supporting political causes or candidates should always verify the rules in their jurisdiction and ensure they understand the restrictions around political donations.
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They can donate to Political Action Committees (PACs)
Green card holders are not allowed to donate to federal political campaigns, including presidential, congressional, or other federal elections. However, they can donate to Political Action Committees (PACs) and other political organizations, but with certain restrictions.
A Political Action Committee (PAC) is a political committee that pools campaign contributions and channels them to campaigns based on their interests. PACs are political committees organized to raise and spend money to elect and defeat candidates. Most PACs represent business, labor, or ideological interests.
PACs can contribute up to $5,000 to a candidate's committee per election (primary, general, or special) and up to $15,000 annually to any national party committee. They can also give up to $5,000 annually to any other PAC. PACs may receive up to $5,000 from any one individual, PAC, or party committee per calendar year.
A Leadership PAC is a type of PAC directly or indirectly established, financed, maintained, or controlled by a candidate or an individual holding federal office. It is common for members of Congress and other political leaders to establish Leadership PACs to support candidates for various federal and non-federal offices.
Green card holders, as foreign nationals, are prohibited from participating in decisions involving election-related activities. They cannot direct, dictate, control, or participate in the decision-making process of any person or organization with regard to federal or non-federal election-related activities.
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They can donate to charitable organisations with political causes
Green card holders are restricted by law when it comes to political donations. US federal law prohibits them from contributing to federal political campaigns or candidates running for federal office, including US Senate and House of Representatives races. This is because green card holders are considered foreign nationals, and there are concerns about potential foreign interference in elections.
However, green card holders can donate to charitable organisations with political causes. These organisations are not directly involved in campaigning but are focused on political education, advocacy, or reform. Examples of such organisations include non-profit organisations and 501(c)(3) tax-exempt organisations. These charities are prohibited from engaging in political campaign intervention or electioneering communications. However, they can conduct certain non-partisan activities, such as voter registration and get-out-the-vote drives, which are intended to encourage people to participate in the electoral process.
Green card holders can also donate to state and local campaigns, as long as they comply with the specific laws of their state. Each state has its own rules about who can contribute to local elections, but typically, green card holders are permitted to donate at these levels.
It is important for green card holders to verify the rules in their jurisdiction and understand the restrictions around political donations, as even at the state and local levels, compliance with state-specific laws is necessary.
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They cannot donate to political party committees
Green card holders are considered foreign nationals in the context of political donations. Federal law prohibits foreign nationals from making contributions, expenditures, or disbursements to political party committees in connection with any federal, state, or local election. This includes donations to political party committees for the purchase or construction of an office building.
Green card holders are restricted from donating to candidates running for federal office, such as the U.S. Senate and House of Representatives races. This restriction is based on the idea that foreign nationals should not influence federal elections to prevent potential foreign interference.
While green card holders cannot donate to federal campaigns, they may still be able to donate to Political Action Committees (PACs) and other political organizations, but with certain restrictions. PACs must comply with federal law and cannot accept donations from non-citizens.
It is important to note that even at the state and local levels, green card holders must ensure they are complying with specific state laws regarding political donations.
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Frequently asked questions
Green card holders are allowed to donate to state and local campaigns but are restricted from donating to federal campaigns.
A green card holder is a foreign national with a "green card" indicating they are lawfully admitted for permanent residence in the US.
The restriction is based on the idea that foreign nationals should not be able to influence federal elections as it could potentially lead to foreign interference.
The Federal Election Commission (FEC) can refer the case to the Department of Justice (DOJ) for criminal prosecution. The DOJ can also prosecute these cases on its own without a referral from the FEC.
