Simone Lawson
Foreign nationals are prohibited by federal law from contributing to political campaigns in the United States. This includes donations, expenditures, and disbursements in connection with any federal, state, or local election. Foreign nationals are also prohibited from participating in decisions involving election-related activities. However, there are some exceptions to these rules, such as for green card holders and US subsidiaries of foreign corporations. With these nuances and exceptions in mind, it is worth exploring the topic further to understand the implications and complexities of foreign involvement in US political campaigns.
Can US citizens participate in foreign political campaigns?
| Characteristics | Values |
|---|---|
| Foreign nationals' participation in US elections | Prohibited by Federal law |
| Foreign nationals' contribution to US campaigns | Prohibited by Federal law |
| Foreign nationals' donation to US campaigns | Prohibited by Federal law |
| Foreign nationals' expenditure in US elections | Prohibited by Federal law |
| Foreign nationals' participation in decisions involving election-related activities | Prohibited by Federal law |
| Foreign nationals' contribution to Super PACs | Allowed if the donor is a Social Welfare Organization |
| Foreign nationals' volunteer services to US campaigns | Allowed |
| US citizens' participation in foreign political campaigns | Not addressed in sources |
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What You'll Learn
Foreign nationals can't contribute to US campaigns
Foreign nationals are prohibited from contributing to political campaigns in the United States. This prohibition includes both direct and indirect contributions, such as donations, expenditures, and disbursements, in connection with any federal, state, or local election. Foreign nationals are also prohibited from participating in decisions involving election-related activities, including the making of contributions or donations to political party committees or organizations.
The Federal Election Campaign Act (FECA) and federal law prohibit foreign nationals from contributing to US political campaigns. FECA defines a "foreign national" as any person that is not a US citizen and does not have a green card. This definition includes foreign individuals, entities, and corporations. Foreign governments are also prohibited from contributing to US political campaigns.
The Federal Election Commission (FEC) is responsible for enforcing these laws and has imposed civil fines on those who violate them. However, there have been concerns about the FEC's commitment to protecting US elections from foreign interference, as some cases involving foreign money in US elections have not been adequately addressed. Criminal liability is also a possibility for those who knowingly and willingly accept foreign contributions, with the FEC referring the most serious cases to the Department of Justice (DOJ) for criminal prosecution.
While foreign nationals cannot contribute financially, they may be able to help a political campaign through voluntary non-monetary contributions of services. This "'volunteer' exemption" applies as long as the foreign national is not compensated for their services. However, foreign nationals should exercise caution and seek legal counsel before getting involved in any way with US political campaigns to avoid violating the strict rules governing their participation.
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Foreign nationals can volunteer for US campaigns
Foreign nationals are prohibited from contributing, either directly or indirectly, to any federal, state, or local election in the United States. This includes donating or spending funds, as well as participating in decisions involving election-related activities. However, there is an exception for foreign nationals who hold green cards, who are legally permitted to contribute financially to US political campaigns.
Foreign nationals without green cards are still able to participate in US campaigns as uncompensated volunteers. This means that they can provide voluntary non-monetary contributions of services, as long as they are not compensated by anyone. Examples of permitted volunteer activities include attending committee events and campaign strategy meetings, but foreign nationals must be careful not to participate in the decision-making process of the campaign.
The Federal Election Campaign Act (FECA) and its associated Commission regulations specifically prohibit foreign nationals from participating in the decisions of any person or organization involving election-related activity. This includes decisions concerning the making of contributions, donations, expenditures, or disbursements in connection with any election. It is also unlawful to help foreign nationals violate this ban, and persons who knowingly and willfully engage in these activities may be subject to fines and/or imprisonment.
While foreign nationals without green cards can participate as volunteers, the definition of what constitutes "volunteer service" is somewhat vague. 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." Given this ambiguity, foreign nationals are advised to exercise caution and seek legal counsel before participating in any US election campaign.
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Foreign nationals can donate to Social Welfare Organisations
US federal law prohibits foreign nationals from contributing to any election campaigns in the United States, be they federal, state, or local elections. This includes indirect contributions, such as donating to a political party committee or organization, or contributing to the purchase or construction of an office building.
Foreign nationals are also prohibited from participating in decisions involving election-related activities. This includes making decisions about contributions, donations, expenditures, or disbursements in connection with any election, as well as decisions concerning the administration of a political committee.
However, there is a loophole that allows foreign nationals to donate to Social Welfare Organizations (SWOs), also known as 501(c)(4) groups. These organizations, such as the NRA and an arm of Planned Parenthood, are exempt from disclosing their donors, as long as at least half of their activities are non-political. As a result, SWOs can accept donations from foreign nationals and then donate to another organization, such as a political Super PAC. The Super PAC would have to disclose the SWO as a donor, but the SWO's foreign donors would remain anonymous.
It is important to note that foreign nationals violate the law if they donate money to an SWO and earmark the donation as a campaign contribution for a specific candidate. This practice, known as "dark money," is difficult to trace due to the lenient disclosure laws applicable to SWOs.
While this loophole exists, there have been efforts to close it. For example, in July 2023, Republican Rep. Bryan Steil introduced a bill to restrict foreign nationals' contributions to SWOs. However, as of the time of writing, the House of Representatives has not voted on this measure.
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Foreign nationals can't participate in election-related decisions
Foreign nationals are prohibited by federal law from participating in decisions involving election-related activities in the United States. This includes making contributions, donations, expenditures, or disbursements in connection with any federal, state, or local election.
The Federal Election Campaign Act (FECA) of 1971, as amended, prohibits foreign nationals from contributing, donating, or spending funds in connection with any US election, either directly or indirectly. This prohibition also extends to soliciting, receiving, or accepting contributions or donations from foreign nationals. Foreign nationals are also prohibited from participating in decisions regarding the making of such contributions or donations.
A foreign national is defined as any person that is not a US citizen and does not have a green card. Green card holders are excluded from the definition of foreign persons and are legally eligible to contribute money and/or services to US political campaigns. However, foreign nationals who do not have green cards may still help a political campaign through voluntary non-monetary contributions of services, as long as they are not compensated for their services.
It is important to note that the restrictions on foreign nationals' involvement in US elections apply to all elections – federal, state, and local. These restrictions are in place to minimize foreign intervention in US elections and ensure that only eligible US citizens and permanent residents make decisions regarding election-related activities.
In summary, foreign nationals are prohibited from participating in election-related decisions in the United States. This includes making financial contributions, donations, or expenditures, as well as directly or indirectly influencing the decision-making process of any person or organization involved in election-related activities. Green card holders are exempt from these restrictions and may legally contribute to US political campaigns.
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Foreign nationals can contribute to US campaigns if they have a green card
Foreign nationals are prohibited from contributing to any American political campaign, be it federal, state, or local. This includes donating money, property, or services to influence an election's outcome. The Federal Election Campaign Act (FECA) and the Foreign Agents Registration Act (FARA) govern these restrictions.
However, a "foreign national" is defined as a foreign person or entity that is not a US citizen and does not have a green card. Therefore, foreign nationals with green cards are excluded from this definition and are permitted to contribute financially to US political campaigns.
Green card holders can donate money to a candidate's campaign and are also eligible to contribute their services. This includes volunteering for a campaign as long as they are not compensated for their time.
It is important to note that while green card holders can participate in US political campaigns, they must comply with all relevant laws and regulations. These laws are strictly enforced by the Federal Election Commission (FEC), which may impose civil fines or refer cases to the Department of Justice (DOJ) for criminal prosecution if violations are found.
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Frequently asked questions
No. Federal law prohibits US citizens from contributing, donating, or spending funds in connection with any foreign political campaign.
No, not financially. 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 US. However, foreign nationals who are not US permanent residents (green card holders) can help a political campaign via voluntary non-monetary contributions of services.
Yes, US citizens living abroad can contribute to state and local party committees.
Yes, foreign nationals who are US permanent residents (green card holders) can contribute financially to US political campaigns.
