Gavin Howe
In the United States, the Federal Election Campaign Act prohibits foreign nationals from contributing to any American election campaigns, be it federal, state, or local. This includes any form of support with monetary value, such as services or donations to political parties. The law also applies to American politicians, who are barred from receiving, soliciting, or accepting such contributions. A foreign national in this context refers to any person who is not a U.S. citizen or a permanent resident with a green card. Similar laws restricting foreign involvement in elections exist in other countries, such as Brazil, Turkey, Sweden, Australia, Canada, France, and Germany.
| Characteristics | Values |
|---|---|
| Type of contribution | Prohibited contributions include money, advances of personal funds, and in-kind donations |
| Type of election | Federal, state, or local |
| Who is affected | Foreign nationals, defined as non-US citizens without a green card |
| Who enforces the law | Federal Election Commission (FEC), Department of Justice (DOJ) |
| Penalties | Civil fines, criminal liability |
| Exemptions | Green card holders, US subsidiaries of foreign corporations, Social Welfare Organizations (SWOs) |
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What You'll Learn
- Foreign nationals cannot donate to US political campaigns
- Foreign nationals are prohibited from participating in decisions involving election-related activities
- Foreign nationals cannot donate to inaugural committees
- Foreign nationals can underwrite issue-oriented ads, but they cannot mention candidates
- Foreign nationals can contribute if they have a green card
Foreign nationals cannot donate to US political campaigns
Foreign nationals are prohibited from donating to US political campaigns. This is enforced by the Federal Election Commission (FEC) under the Federal Election Campaign Act. The FEC defines a foreign national as any person who is not a US citizen and does not have a green card indicating permanent residence in the US.
The 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.
Foreign nationals are prohibited from making contributions, donations, expenditures, or disbursements directly or indirectly to any federal, state, or local election. This includes advances of personal funds, contributions to political party committees and organizations, and donations to inaugural committees. It is also illegal for foreign nationals to provide substantial assistance in the making, acceptance, or receipt of contributions or donations in connection with any election.
To ensure compliance, committees are advised to take steps to verify the nationality of contributors. This includes checking for credible evidence of the contributor's nationality, such as a copy of a valid US passport or other documentation indicating US citizenship or permanent resident status.
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Foreign nationals are prohibited from participating in decisions involving election-related activities
Federal law prohibits foreign nationals from contributing to, or participating in decisions involving, election-related activities in the United States. This includes federal, state, and local elections, and applies to both individuals and organizations.
A "foreign national" is defined as an individual who is not a citizen of the United States and does not have a green card (indicating lawful permanent residence in the US). Foreign nationals are prohibited from making contributions, donations, expenditures, or disbursements in connection with any election. This includes direct and indirect contributions, as well as donations to inaugural committees.
It is also illegal for American political candidates to receive, solicit, or accept foreign contributions. The Federal Election Commission (FEC) enforces this statute by imposing civil fines, but 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.
Foreign nationals are allowed to undertake some political actions in the US, as long as they are not connected with any election. For example, foreign nationals may underwrite issue-oriented ads as long as they do not mention candidates, political offices, political parties, incumbent federal officeholders, or any past or future elections.
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Foreign nationals cannot donate to inaugural committees
Federal law prohibits foreign nationals from contributing to any federal, state, or local election in the United States. This includes donations to political party committees and organizations, as well as the purchase or construction of office buildings for these entities. The Federal Election Campaign Act makes it illegal for foreign nationals to contribute financially to any American election campaign, and this extends to donations for inaugural committees.
An inaugural committee is appointed by the President-elect to plan and finance all inaugural events, excluding the swearing-in ceremony and the luncheon for the President and Vice President. This committee may accept donations but must file a report with the Federal Election Commission (FEC).
The FEC enforces the statute by imposing civil fines on those who violate the law, but criminal liability is also possible. The FEC can refer cases of willful acceptance of foreign contributions to the Department of Justice (DOJ) for criminal prosecution.
To ensure compliance, the FEC requires inaugural committees to report refunds and provide aggregated information on all reported donations and refunds. This includes itemized donations, refunds, and a net donation calculation.
It is important to note that an individual who is not a U.S. citizen but has a "green card" indicating lawful permanent residence in the U.S. may be eligible to make contributions. However, committees are advised to take steps to ensure that contributions do not come from foreign nationals, especially when directed to audiences outside the U.S.
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Foreign nationals can underwrite issue-oriented ads, but they cannot mention candidates
In the United States, federal law prohibits foreign nationals from making any contributions, donations, expenditures, or disbursements in connection with any federal, state, or local election. This includes donations to political party committees and organizations, as well as electioneering communications. The Federal Election Campaign Act specifically makes it illegal for foreign nationals to contribute to a candidate's campaign in any American election.
However, an important exception to these rules is that foreign nationals are allowed to undertake some political actions in the U.S., as long as those actions are not "connected with any election to political office at the federal, state, or local levels." For example, an FEC advisory opinion (the FEC’s interpretation of the Federal Election Campaign Act, which it is charged with administering), established that foreign nationals may underwrite issue-oriented ads as long as they do not mention "candidates, political offices, political parties, incumbent federal officeholders or any past or future election."
The FEC's advisory opinion states that foreign nationals may underwrite issue-oriented ads, but they must not mention any candidates or other political figures. This means that foreign nationals can financially support advertisements that promote a particular issue or cause, as long as it is not directly tied to a specific candidate or political party. For example, a foreign national could underwrite an ad campaign promoting environmental protection or raising awareness about a particular social issue. However, they must abide by the restriction on mentioning any candidates, political offices, political parties, or elections.
It is worth noting that the term “foreign national” is defined as any individual who is not a citizen of the United States or a national of the United States and who is not lawfully admitted for permanent residence. This means that even non-citizens with a green card, indicating lawful permanent residence in the US, are eligible to make contributions to political campaigns. Nonetheless, the FEC has advised political committees to take steps to ensure that the contributions they receive do not come from foreign nationals, including making further inquiries into the nationality of contributors if necessary.
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Foreign nationals can contribute if they have a green card
Federal law prohibits foreign nationals from contributing, donating, or participating in decisions involving election-related activities in any federal, state, or local election in the United States. This includes donations to political party committees, organizations, and inaugural committees.
However, an exception to this rule is that an individual who is not a US citizen is eligible to make contributions if they have a "green card," indicating that they are lawfully admitted for permanent residence in the US. In this context, a foreign national is defined as any person who is not a US citizen and does not have a green card.
The Federal Election Commission (FEC) enforces these statutes by imposing civil fines on violators, but criminal liability is also possible. Cases of willful acceptance of foreign contributions can be referred to the Department of Justice (DOJ) for criminal prosecution.
It is important to note that federal law exempts Social Welfare Organizations (SWOs) from disclosing their donors, provided that at least half of their activities are non-political. As a result, SWOs can accept donations from foreign nationals and then donate to political organizations, such as Super PACs, which are required to disclose the SWO as a donor but not the SWO's foreign donors. However, foreign nationals violate the law if they donate to an SWO and earmark the donation for a specific candidate, as it is challenging to trace the source of such "dark money."
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Frequently asked questions
A foreign national is any person that is not a U.S. citizen and does not have a green card. Foreign nationals include foreign governments, political parties, corporations, associations, partnerships, persons with foreign citizenship, and non-permanent resident immigrants.
Federal law prohibits politicians from receiving, soliciting, or accepting contributions or donations from foreign nationals in connection with any federal, state, or local election. This includes independent expenditures, disbursements, and advances of personal funds. Foreign nationals are also prohibited from participating in decisions involving election-related activities.
Yes, foreign nationals are allowed to undertake some political actions in the U.S., as long as they are not connected with any election to political office at the federal, state, or local levels. For example, foreign nationals may underwrite issue-oriented ads as long as they do not mention candidates, political offices, political parties, incumbent federal officeholders, or any past or future elections.
