Gavin Howe
Foreign nationals and governments cannot contribute money directly to US political campaigns. The Federal Election Campaign Act (FECA) prohibits foreign nationals from donating to any federal, state, or local election. This includes foreign citizens or organisations, with the exception of lawful permanent residents (green card holders) and US subsidiaries of foreign corporations. Individuals may make contributions to candidates and their authorised committees, subject to limitations. Pending legislation could make any non-citizen who violates campaign finance laws to interfere in a US election deportable and permanently inadmissible.
| Characteristics | Values |
|---|---|
| Who can contribute to political campaigns? | Only US citizens or permanent residents |
| Who cannot contribute to political campaigns? | Foreign nationals, i.e. anyone who is not a US citizen or green card holder |
| Pending legislation | If enacted, would make any non-citizen who violated campaign finance laws to interfere in any US election deportable and permanently inadmissible |
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What You'll Learn
- Foreign nationals and governments cannot contribute to US political campaigns
- Only US citizens or permanent residents may contribute to political campaigns
- The Federal Election Campaign Act prohibits organisations from accepting foreign national contributions
- Political committees and PACs must screen contributions under federal law
- Civil fines are imposed on those who violate the law, and criminal liability is also possible
Foreign nationals and governments cannot contribute to US political campaigns
Foreign nationals and foreign governments are prohibited from contributing to political campaigns in the United States. This prohibition applies to any individual who is not a US citizen or a lawful permanent resident (i.e., a green card holder). The Federal Election Campaign Act makes it illegal for foreign nationals to contribute to any American election campaign, be it federal, state, or local.
Similarly, American political candidates are prohibited from receiving, soliciting, or accepting foreign contributions. This statute is enforced by the Federal Election Commission (FEC), which can impose civil fines on violators and refer cases of willful acceptance of foreign contributions to the Department of Justice (DOJ) for criminal prosecution.
While federal law prohibits foreign nationals from contributing directly to political campaigns, one loophole exists. Social Welfare Organizations (SWOs), such as the NRA and AARP, are exempt from disclosing their donors as long as at least half of their activities are non-political. As a result, foreign nationals can donate to an SWO, which can then donate to a political Super PAC without disclosing the foreign donors. However, foreign nationals violate the law if they earmark donations to an SWO as campaign contributions for a specific candidate.
In summary, while foreign nationals and governments cannot contribute directly to US political campaigns, they can indirectly influence American elections through donations to SWOs, which can then contribute to political action committees supporting specific candidates.
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Only US citizens or permanent residents may contribute to political campaigns
Only US citizens or permanent residents (green card holders) may contribute to federal, state, or local political campaigns. This is enforced by the Federal Election Commission (FEC) under the Federal Election Campaign Act (FECA). Foreign nationals are prohibited from contributing, soliciting, or accepting donations for campaigns. This includes foreign citizens and organisations, with the exception of US subsidiaries of foreign corporations.
The FEC may impose civil fines on those who violate the law, and 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.
It is important to note that there is pending legislation that, if enacted, would make any non-citizen who violated campaign finance laws to interfere in a US election deportable and permanently inadmissible.
Additionally, campaigns may not accept or solicit contributions from certain individuals and organisations, including federal government contractors and charitable organisations.
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The Federal Election Campaign Act prohibits organisations from accepting foreign national contributions
Lawful permanent residents, or green card holders, are not considered foreign nationals and are therefore not prohibited by the Federal Election Campaign Act (FECA) from making contributions or donations in connection with federal, state, or local elections. However, the FECA does prohibit organisations from accepting foreign national contributions.
The FECA, enforced by the Federal Election Commission (FEC), 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 prohibitions on making any contribution or donation of money or other things of value, as well as any expenditure, independent expenditure, or disbursement in connection with any election. Foreign nationals are also prohibited from directing, dictating, or controlling the decision-making process of any person or organisation with regard to election-related activities.
The FEC enforces these laws by imposing civil fines on those who violate them, but criminal liability is also a possibility. 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 can also initiate prosecution independently without a referral from the FEC.
Despite the general prohibition on foreign national contributions, foreign nationals may lawfully engage in political activity that is not connected with any election to political office at the federal, state, or local level. Additionally, one significant loophole exists: federal law exempts Social Welfare Organisations (SWOs), such as the NRA and AARP, 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, which would only have to disclose the SWO as a donor, thus keeping the foreign national donors secret.
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Political committees and PACs must screen contributions under federal law
Federal law prohibits foreign nationals from contributing, donating, or making expenditures in connection with any federal, state, or local election. This includes US permanent residents who are not US citizens. The Federal Election Campaign Act of 1971 makes it illegal for foreign nationals to contribute to a candidate's campaign in any American election. In this context, a foreign national is defined as any individual who is not a US citizen or a green card holder.
Federal law also imposes contribution limits for political committees and PACs. For example, a Leadership PAC may contribute up to $5,000 per election to a federal candidate committee. Additionally, a national party committee and its senatorial campaign committee may contribute up to $62,000 combined per campaign to each Senate candidate.
It is important to note that certain organizations, such as charitable organizations and federal government contractors, are prohibited from making contributions in connection with federal elections. Furthermore, campaigns are prohibited from accepting contributions from certain organizations, including the treasury funds of corporations, labor organizations, or national banks.
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Civil fines are imposed on those who violate the law, and criminal liability is also possible
Lawful permanent residents, or green card holders, are not considered "foreign nationals" and are thus permitted to donate to US political campaigns. However, foreign nationals are prohibited by federal law from contributing money directly to US political campaigns. The Federal Election Campaign Act makes it illegal for foreign nationals to contribute to any American election, be it federal, state, or local.
The Federal Election Commission (FEC) enforces this statute by imposing civil fines on those who violate the law. Criminal liability is also possible, and the FEC can refer cases to the Department of Justice (DOJ) for criminal prosecution if a person knowingly and willingly accepts foreign contributions. The DOJ can also prosecute these cases independently without an FEC referral.
There is a significant loophole in this legislation, however. Federal law exempts Social Welfare Organizations (SWOs) from disclosing their donors, provided that at least half of the SWO's activities are non-political. As a result, foreign nationals can donate to an SWO, which can then donate to a political Super PAC. While the Super PAC must disclose the SWO as a donor, the SWO's foreign donors remain anonymous. Foreign nationals do, however, violate the law if they donate to an SWO and earmark the money as a campaign contribution for a specific candidate.
The FEC has enforced this statute in several cases. In one instance, an individual admitted to knowingly soliciting a contribution from a foreign national and causing a foreign contribution to be made falsely in the name of a US citizen. The individual entered into a conciliation agreement with the FEC and agreed to pay a civil penalty. In another case, a US subsidiary of a foreign corporation, along with four of its foreign national directors, established a "contribution committee" to make political donations. The foreign nationals' involvement in the decision-making process meant that the subsequent contributions violated the ban on foreign nationals participating directly or indirectly in donations connected to elections. The corporation and the foreign national directors paid a civil penalty.
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Frequently asked questions
Yes, lawful permanent residents (i.e. Green Card holders) can donate to political campaigns in the US. However, foreign nationals and governments cannot contribute money directly to US political campaigns.
A foreign national is any person who is not a US citizen and does not have a Green Card.
If a campaign receives a contribution from a foreign national, it must either return the contribution or accept it and determine its legality within 10 days of receipt. If an organization is caught receiving foreign contributions for campaign funds, the FEC may pursue civil penalties. Criminal prosecution by the Department of Justice is also possible.
Yes, there is a significant loophole that involves Social Welfare Organizations (SWOs). Federal law exempts SWOs from disclosing their donors, so long as at least half of the SWO's activities are non-political. As a result, a SWO could accept donations from foreign nationals and then donate to a political organization, such as a Super PAC. However, foreign nationals violate the law if they donate money to an SWO and earmark the donation for a specific candidate.
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