Eleanor Finch
Foreign nationals are prohibited by federal law from contributing to, or participating in, political campaigns in the US. This includes donating money or services, soliciting donations, or making expenditures. A foreign national is defined as a foreign person or entity, excluding those with a green card, who are permanent residents of the US. US citizens can support political campaigns in several ways, including through financial contributions, volunteering, and engaging in unrestricted internet activities.
| Characteristics | Values |
|---|---|
| Who can contribute to political campaigns? | US citizens or permanent residents (Green Card holders) |
| Who cannot contribute to political campaigns? | Foreign nationals, non-citizens, and non-permanent residents |
| What constitutes a contribution? | Money, other things of value, or services |
| What are the penalties for violating these laws? | Civil fines, criminal liability, imprisonment, and deportation |
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What You'll Learn
- Foreign nationals are prohibited from contributing to US campaigns
- US citizens living abroad can donate to state and local party committees
- Foreign nationals with green cards can contribute to US political campaigns
- US residents can volunteer for a campaign without it counting as a contribution
- US residents can send unlimited emails on any political topic without disclosing their identity
Foreign nationals are prohibited from contributing to US campaigns
In the United States, foreign nationals are prohibited from contributing to political campaigns. This includes any individual who is not a US citizen or a permanent resident, as defined by US law. The Federal Election Commission (FEC) enforces this statute by imposing civil fines on those who violate it, and criminal liability is also a possibility.
Federal law prohibits contributions, donations, expenditures, and disbursements made directly or indirectly by foreign nationals in connection with any federal, state, or local election. This includes contributions to political party committees and organizations, as well as donations to inaugural committees. Foreign nationals are also prohibited from participating in decisions regarding contributions or donations to US campaigns.
US law defines a foreign national as any individual who is not a citizen of the United States and is not lawfully admitted for permanent residence. This includes foreign governments, political parties, and organizations based in foreign countries. 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 to political campaigns.
To ensure compliance, committees receiving contributions should investigate the nationality of the contributor if the contribution is postmarked from a non-US territory or if the bank or account owner has a foreign address. If the committee has actual knowledge that the contributor is a foreign national, it cannot accept the contribution.
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US citizens living abroad can donate to state and local party committees
US citizens are allowed to make contributions to federal, state, and local elections. However, federal law prohibits foreign nationals from making such contributions. A foreign national is defined as any person that is not a US citizen or a permanent resident.
US citizens living abroad who wish to solicit friends and family who live in the US and who, to their knowledge, have never lived abroad, are not required to conduct further inquiries into their citizenship status. However, if they are aware of facts that would indicate a substantial probability that the person being solicited is a foreign national, they must conduct a reasonable inquiry. For example, if a US citizen living abroad wishes to solicit Canadian friends who have lived in the US for more than five years, they may not solicit them for contributions or donations unless they can determine through a reasonable inquiry that they are no longer foreign nationals.
US expats can also independently organize political fundraisers or "action parties" to support specific candidates and Democratic organizations. They can contact their preferred candidate to coordinate a house party with a video or Skype link and circulate the appropriate contribution link and compliance form. It is important to note that all expenses must be reported, and contributions can only be received from US citizens or permanent residents.
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Foreign nationals with green cards can contribute to US political campaigns
Foreign nationals with green cards, while enjoying many of the same rights and privileges as citizens, are still considered non-citizens under the law. This means that they are subject to certain restrictions when it comes to political campaigns and donations. Federal law prohibits contributions, donations, expenditures, and disbursements made directly or indirectly by foreign nationals in connection with any federal, state, or local election. This includes decisions concerning the making of contributions to political party committees and organizations.
However, according to the FEC, an individual who is not a citizen of the United States is eligible to make a contribution if they have a "green card" indicating that they are lawfully admitted for permanent residence. This means that foreign nationals with green cards can contribute to US political campaigns as long as they follow certain guidelines.
It is important for green card holders to understand and abide by these restrictions on political donations. Violating these rules can have serious consequences, including potential deportation or jeopardizing one's immigration status. The USCIS (United States Citizenship and Immigration Services) considers any violations of campaign finance laws when reviewing naturalization applications. Engaging in prohibited activities, such as making political donations, can be seen as a lack of good moral character and may result in a denial of a naturalization application or even revocation of permanent resident status.
While green card holders may not have the same rights as citizens when it comes to political participation, they can still get involved in other ways. They can campaign for their favorite candidate, canvas the neighborhood, and participate in the political process. However, they must be careful to follow the legal restrictions that apply to them and avoid any activities that could be considered a violation of their green card terms.
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US residents can volunteer for a campaign without it counting as a contribution
US residents can volunteer their personal services to a campaign without making a contribution, as long as they are not compensated by anyone for their services. This means that if an individual is paid by any person or entity for their services, then the activity is no longer considered volunteer activity. In such cases, the payment is considered an in-kind contribution, which the campaign must report.
There are, however, certain exceptions and considerations to keep in mind. For example, if an individual uses their home or the recreational room of their residential complex for campaign-related activities, it is not considered a contribution to the campaign and does not need to be reported. Similarly, a nominal fee paid by a volunteer for the use of a recreational room is also not considered an in-kind contribution. On the other hand, if an individual uses the facilities of a corporation or union to produce campaign materials, reimbursement is generally required, and the activity may be considered a contribution.
It is important to note that while volunteering, individuals must be careful not to participate in the decision-making process of the campaign. This restriction also applies to foreign nationals, who are prohibited from participating in decisions involving election-related activities. While foreign nationals can serve as uncompensated volunteers and participate in campaign activities, they cannot be involved in the management of the committee.
In conclusion, US residents can volunteer for a campaign without it counting as a contribution as long as they are not paid for their services and do not participate in decision-making. Volunteers can utilize their homes or community spaces for campaign-related activities, and any nominal fees associated with these activities are typically not considered contributions. These guidelines are in place to ensure that individuals can actively participate in political campaigns while maintaining transparency and compliance with election regulations.
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US residents can send unlimited emails on any political topic without disclosing their identity
In the United States, only citizens or permanent residents may contribute financially to political campaigns. This includes contributions to candidates' campaigns and donations to political party committees and organizations. Foreign nationals, defined as individuals who are not citizens of the United States or lawfully admitted for permanent residence, are prohibited by federal law from making such contributions or donations. This prohibition extends to independent expenditures, disbursements, and electioneering communications.
However, there is an exception for green card holders, who are considered permanent residents and are, therefore, eligible to contribute financially to political campaigns. Foreign nationals without a green card can still participate in political campaigns through voluntary non-monetary contributions, such as providing services as long as they are not compensated.
While US residents can send unlimited emails on any political topic without disclosing their identity, it is important to note that there are restrictions on contributing to or influencing political campaigns. These restrictions apply to both financial contributions and certain types of volunteer activities. US residents who are not citizens or permanent residents may not directly contribute to or participate in political campaigns beyond what is permitted for foreign nationals under the law.
It is also worth mentioning that while US residents can send unlimited emails on political topics without disclosing their identity, this does not extend to other forms of communication or activities that could be considered contributions or expenditures under campaign finance laws. Additionally, public political advertisements and solicitations directed to audiences outside the US must contain a summary of the foreign national prohibition, as outlined in 52 U.S.C. § 30121.
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Frequently asked questions
Yes, US residents can promote political campaigns. However, there are some restrictions. For example, expenses on behalf of a candidate are limited to $1,000 per election, and expenses on behalf of a political party are limited to $2,000 per year.
Yes, US citizens living abroad can promote political campaigns. However, they must follow the same rules as US residents living in the country.
Foreign nationals are prohibited by federal law from contributing, donating, or spending funds in connection with any federal, state, or local election in the US, either directly or indirectly. Foreign nationals without a green card can, however, help a political campaign via voluntary non-monetary contributions of services.
Any reimbursement for the use of facilities is considered a contribution from an individual to the political committee that benefits. Volunteer services are not considered contributions as long as the volunteer is not paid by anyone.
Persons who knowingly and willingly engage in these activities may be subject to fines and/or imprisonment. The FEC can refer the case to the Department of Justice (DOJ) for criminal prosecution.
