Simone Lawson
In the United States, only citizens or permanent residents (green card holders) are allowed to contribute to political campaigns. Foreign nationals and governments are prohibited from contributing money directly to US political campaigns. This includes donations to political party committees, state or local party committees, and inaugural committees. The Federal Election Campaign Act makes it illegal for foreign nationals to contribute to any American election, and American candidates can be penalised for receiving, soliciting, or accepting foreign contributions.
How much political campaign money permanent residents can contribute
| Characteristics | Values |
|---|---|
| Who can contribute | Only US citizens or permanent residents (green card holders) |
| Who cannot contribute | Foreign nationals, foreign governments, federal government contractors, charitable organizations |
| Penalties | Civil fines, criminal liability, deportation, barred from re-entering the US, up to 3 years in prison |
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What You'll Learn
- Foreign nationals and governments cannot contribute to US campaigns
- Only US citizens or permanent residents can contribute
- Foreign nationals can donate to Social Welfare Organizations
- Foreign nationals can be prosecuted for illegal donations
- US citizens living abroad can donate to state and local parties
Foreign nationals and governments cannot contribute to US campaigns
Foreign nationals and foreign governments are prohibited from contributing to political campaigns in the United States. This prohibition applies to all federal, state, and local elections, and it includes both direct and indirect contributions. The Federal Election Campaign Act defines a foreign national as any individual who is not a US citizen or a permanent legal resident (green card holder).
The Federal Election Commission (FEC) enforces this statute by imposing civil fines on violators. However, criminal liability is also possible, particularly if a person knowingly and willingly accepts foreign contributions. In such cases, the FEC can refer the matter to the Department of Justice (DOJ) for criminal prosecution.
While foreign nationals cannot contribute directly to US political campaigns, they can donate to Social Welfare Organizations (SWOs), such as the NRA or AARP. These organizations are exempt from disclosing their donors as long as at least half of their activities are non-political. However, it is illegal for foreign nationals to donate to an SWO and earmark the donation as a campaign contribution for a specific candidate. This type of "dark money" is difficult to trace due to the lenient disclosure laws applicable to SWOs.
In addition to foreign nationals, there are other prohibited sources of campaign contributions, including corporations, labor organizations, national banks, and federal government contractors. Candidates are required to disclose all financial activity related to their campaigns, and any funds received from prohibited sources must be returned or donated to charity.
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Only US citizens or permanent residents can contribute
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However, there is an exception for organizations known as Social Welfare Organizations (SWOs), such as the NRA and the AARP. Federal law exempts SWOs from disclosing their donors as long as at least half of their activities are non-political. As a result, an SWO could accept donations from foreign nationals and then donate to a political Super PAC. While the Super PAC would have to disclose the SWO as a donor, the foreign donors to the SWO would remain anonymous.
It is important to note that foreign nationals violate the law if they donate to an SWO and earmark the donation as a campaign contribution for a specific candidate. This type of "dark money" is challenging to trace due to the lenient disclosure laws applicable to SWOs.
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Foreign nationals can donate to Social Welfare Organizations
In the United States, federal law prohibits foreign nationals from contributing money to any federal, state, or local elections. A foreign national is defined as any person who is not a US citizen and does not possess a green card. The Federal Election Commission (FEC) enforces this statute by imposing civil fines, and in some cases, criminal liability.
However, a loophole exists in the form of Social Welfare Organizations (SWOs). Federal law exempts SWOs, such as the NRA and the AARP, from disclosing their donors, provided that at least half of their activities are non-political. As a result, foreign nationals can donate to these SWOs, which can then donate to political organizations like Super PACs. While the Super PAC must disclose the SWO as a donor, the SWO's foreign donors remain undisclosed, making the funds difficult to trace. This practice is often referred to as "dark money." It is important to note that foreign nationals violate the law if they earmark their donations to an SWO for a specific candidate.
While this loophole is legal, there have been efforts to address it. For example, in July 2023, Republican Rep. Bryan Steil introduced a bill to restrict foreign nationals' contributions to 501(c)(4) groups, which are a type of SWO. This bill has not yet been voted on by the House of Representatives.
In summary, while foreign nationals cannot directly contribute to US political campaigns, they can indirectly influence political organizations through donations to SWOs, exploiting a loophole in the system that has raised concerns about transparency and the potential influence of foreign interests in US politics.
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Foreign nationals can be prosecuted for illegal donations
Foreign nationals are prohibited from contributing money directly to U.S. political campaigns. The Federal Election Campaign Act (FECA) makes it illegal for foreign nationals to contribute to a candidate's campaign in any American election, be it federal, state, or local. This includes donations to political committees and organizations of political parties, as well as expenditures, independent expenditures, or disbursements in connection with any election.
In the context of FECA, a foreign national is defined as any individual who is not a U.S. citizen or a permanent legal resident (green card holder). This means that only U.S. citizens and green card holders are permitted to donate to political campaigns in the United States.
The Federal Election Commission (FEC) enforces this statute by imposing civil fines on those who violate the law. However, criminal liability is also possible. If a person knowingly and willingly accepts foreign contributions, the FEC can refer the case to the Department of Justice (DOJ) for criminal prosecution. The DOJ has the authority to prosecute these cases independently without a referral from the FEC.
One notable loophole exists in the form of Social Welfare Organizations (SWOs). Federal law exempts SWOs, such as the NRA and the AARP, from disclosing their donors, provided that at least half of their activities are non-political. Consequently, SWOs can accept donations from foreign nationals and then donate to political organizations like Super PACs. While the Super PAC must disclose the SWO as a donor, the foreign donors to the SWO remain undisclosed, making it challenging to trace the source of the "dark money."
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US citizens living abroad can donate to state and local parties
However, it is important to note that there are restrictions on how these donations can be made. US citizens living abroad must ensure that their donations are not directed, dictated, or controlled by foreign nationals. Federal law prohibits any foreign national from participating, directly or indirectly, in the decision-making process regarding contributions to political campaigns. This includes US citizens abroad soliciting contributions for state and local parties from foreign nationals or allowing foreign nationals to influence their own donations.
In addition, US citizens living abroad should be aware of the rules regarding foreign contributions to US political campaigns. Foreign nationals are prohibited from contributing money directly to US political campaigns. This includes contributions to federal, state, or local elections, as well as to political party committees and organizations. While there is a loophole that allows foreign nationals to donate to Social Welfare Organizations (SWOs) like the NRA, which can then donate to political action committees (PACs), it is illegal for foreign nationals to earmark donations to SWOs for specific candidates.
To ensure compliance with campaign finance regulations, US citizens living abroad should carefully review the Federal Election Commission (FEC) guidelines and consult legal experts if they are unsure about the legality of their donations.
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Frequently asked questions
Yes, permanent residents of the US can contribute to political campaigns. However, they must have a green card indicating lawful admission for permanent residence.
There is no specific amount mentioned in the sources. However, the Federal Election Campaign Act makes it illegal for permanent residents to contribute to a candidate's campaign in any American election, be it federal, state, or local.
Yes, permanent residents with green cards are eligible to donate to federal campaigns and Super PACs.
No, foreign nationals cannot directly contribute to US political campaigns. However, they can donate to Social Welfare Organizations (SWOs), which can then donate to Super PACs.
If a campaign knowingly and willingly accepts foreign contributions, 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 independently.
