Volunteering For Political Campaigns: Resident Alien Rights Explored

Foreign nationals are prohibited from contributing, donating, or spending funds in connection with any federal, state, or local election in the United States, either directly or indirectly. However, permanent residents or green card holders are excluded from this definition and are legally eligible to contribute money and/or services to a US political campaign. Foreign nationals may also lawfully engage in political activity that is not connected with any election to political office at the federal, state, or local levels. For example, in AO 2014-20 (Make Your Laws PAC), the Commission concluded that a foreign national could provide volunteer services such as developing intellectual property for a political action committee without violating the Act's foreign national prohibition.

Can resident aliens volunteer for a political campaign?

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Foreign nationals can volunteer personal services without making a contribution

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 indirect contributions and donations. However, foreign nationals without green cards can legally volunteer their personal services to a federal candidate or political committee without making any monetary contributions. This "volunteer exemption" applies as long as the volunteer is not compensated by anyone for their services.

It is important to note that the definition of "contribution" and "foreign national" is crucial in understanding what activities are permitted. A foreign national is an individual who is not a citizen of the United States, a national of the United States, or lawfully admitted to the U.S. for permanent residence. A contribution can include monetary donations, expenditures, and disbursements.

The Federal Election Commission (FEC) has addressed the nuances of the "non-compensated" rule in advisory opinions. For example, in Advisory Opinion 1987-25, the FEC allowed a foreign national student to provide uncompensated volunteer services to a presidential campaign. In contrast, Advisory Opinion 1981-51 prohibited a foreign national artist from donating their services in connection with fundraising for a Senate campaign. 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 legally volunteer their personal services, they must be very clear and upfront about their status to avoid any potential legal consequences. It is essential to understand the restrictions and seek specific legal advice if needed.

Foreign nationals are prohibited from contributing to federal, state or local elections

Foreign nationals are prohibited from contributing to federal, state, or local elections in the United States. This includes any direct or indirect involvement in the form of donations, expenditures, or disbursements. The Federal Election Campaign Act (FECA) and the Federal Election Commission (FEC) enforce these restrictions, which apply to all elections, including the presidential and congressional cycles.

The term "foreign national" refers to any individual who is not a US citizen or a permanent resident, also known as a "green card holder." Those with permanent resident status are exempt from these rules and are free to contribute financially or through volunteer services. It is important for foreign nationals to be clear about their status before engaging in any political activities to avoid potential legal consequences.

While foreign nationals cannot contribute financially, they may still have some avenues for participation. The Act provides a "volunteer exemption," allowing foreign nationals to volunteer personal services to a federal candidate or political committee without compensation. However, it is crucial that they do not make any monetary contributions and are transparent about their foreign national status.

Additionally, foreign nationals must be mindful of the broad scope of prohibited activities. This includes not only direct contributions but also any involvement in decisions related to election activities, providing assistance in the making or acceptance of contributions, and participating in electioneering communications. Violations of these laws can result in civil fines or even criminal prosecution by the FEC or the Department of Justice (DOJ).

Green card holders are not considered foreign nationals

In the United States, a green card, officially known as a Permanent Resident Card, allows an individual to live and work permanently in the country. An individual is considered a resident alien for a calendar year if they meet the green card test or the substantial presence test for the year.

To meet the green card test, an individual must be a lawful permanent resident of the United States according to immigration laws, and this status must not have been revoked or abandoned. Therefore, an individual with a green card is considered a resident alien.

Resident aliens are not considered foreign nationals. The Federal Election Commission (FEC) prohibits campaigns from accepting contributions from foreign nationals. However, the Act provides an exemption for individuals with permanent resident status, commonly known as "green card holders," allowing them to make contributions or donations to federal, state, or local elections.

As a result, green card holders are free to make donations to candidates or parties of their choice and volunteer their time for political campaigns without making any monetary contributions. It is important for green card holders to understand their rights and responsibilities regarding political participation and to ensure they do not fall under the category of foreign nationals, which would restrict their ability to engage in certain political activities.

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Foreign nationals can engage in political activity not connected with elections

Foreign nationals are prohibited from making any contribution or donation of money or other things of value in connection with any federal, state, or local election in the United States. This includes any contribution or donation to any committee or organization of any national, state, district, or local political party. Foreign nationals are also prohibited from making any disbursement for an electioneering communication or donation to a presidential inaugural committee.

However, foreign nationals may lawfully engage in political activity that is not connected with any election to political office at the federal, state, or local levels. This includes volunteering personal services to a federal candidate or federal political committee without making any monetary contributions. It is important for foreign nationals to be clear about their status and not make any contributions to political campaigns.

The Federal Election Commission (FEC) has provided advisory opinions to clarify the types of activities that foreign nationals can engage in. For example, in Advisory Opinion 1987-25, the FEC allowed a foreign national student to provide uncompensated volunteer services to a presidential campaign. On the other hand, Advisory Opinion 1981-51 prohibited a foreign national artist from donating his services in connection with fundraising for a Senate campaign.

It is important to note that individuals with permanent resident status or "green card holders" are not considered foreign nationals and are free to make contributions or donations in connection with federal, state, or local elections.

Foreign nationals can attend and speak at campaign events

Foreign nationals are prohibited 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 soliciting, receiving, or accepting contributions or donations from foreign nationals. However, there is an exception for individuals with permanent resident status, or "green card" holders, who are not considered foreign nationals and are free to make donations or contributions.

Despite the general prohibition on foreign national involvement in US elections, foreign nationals may still lawfully engage in certain political activities. In AO 2014-20 (Make Your Laws PAC), the FEC concluded that a foreign national could provide volunteer services to a political action committee (PAC) in the form of developing intellectual property such as trademarks, graphics, and website design. This falls under the volunteer exemption.

Additionally, in AO 2004-26 (Weller), the FEC ruled that foreign nationals can attend and speak at campaign events for a federal candidate and solicit contributions to the campaign, as long as they do not manage or participate in any of the campaign committee's decision-making processes. This means that foreign nationals can actively participate in the political process by voicing their opinions and supporting their chosen candidates, but they must be careful not to cross the line into making actual contributions or donations, either directly or indirectly.

It is important to note that the definition of "foreign national" is broad and includes any foreign person or entity, such as a corporation. However, green card holders are specifically excluded from this definition and are considered permanent residents, allowing them to legally contribute money and/or services to US political campaigns.

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