PhantomWolf
Penultimate Amazing
- Joined
- Mar 6, 2007
- Messages
- 21,203
Which goes back to the conversation with Kellyb. Is there any speech activity a foreign national can engage in? If it is personal experience with the subject, can they not share it?
I'd suggest that instead of asking here, you go and look it up for yourself, but if you really can't.....
https://www.fec.gov/help-candidates...-taking-receipts/who-can-and-cant-contribute/
Foreign nationals
Campaigns may not solicit1 or accept contributions2 from foreign nationals3. Federal law prohibits contributions, donations4, expenditures5 and disbursements6 solicited, directed7, received or made directly or indirectly by or from foreign nationals in connection with any election — federal, state or local. This prohibition includes contributions or donations made to political committees8 and building funds and to make electioneering communications9. Furthermore, it is a violation of federal law to knowingly provide substantial assistance in the making, acceptance or receipt of contributions or donations in connection with federal and nonfederal elections to a political committee, or for the purchase or construction of an office building. This prohibition includes, but is not limited to, acting as a conduit or intermediary10 for foreign national contributions and donations.
A person acts knowingly for the purposes of this section when he or she has:
- Actual knowledge that the funds have come from a foreign national;
- Awareness of certain facts that would lead a reasonable person to believe that there is a substantial probability that the money is from a foreign national; or
- Awareness of facts that should have prompted a reasonable inquiry into whether the source of funds is a foreign national.
Pertinent facts that satisfy the “knowing” requirement include knowledge of:
- Use of a foreign passport or passport number;
- Use of a foreign address;
- A check or other written instrument drawn on an account or wire transfer from a foreign bank; or
- Contributor or donor living abroad.
Definition of foreign national
A foreign national is:
- An individual who is not a citizen of the United States, and not lawfully admitted for permanent residence (as defined in 8 U.S.C. § 1101(a)(20)); or
- A foreign principal, as defined in 22 U.S.C. § 611(b). Section 611 defines a foreign principal as a group organized under the laws of a foreign country or having its principal place of business in a foreign country. The statute specifically mentions foreign governments, political parties, partnerships, associations and corporations.
“Green card” exception
An individual who is not a citizen of the United States is eligible to make a contribution if he or she has a “green card” indicating that he or she is lawfully admitted for permanent residence in the United States.
Notes:
- Solicit: For the purposes of 11 CFR Part 300, to solicit means to ask, request or recommend, explicitly or implicitly, that another person make a contribution, donation, transfer of funds or otherwise provide anything of value. A solicitation is an oral or written communication that, construed as reasonably understood in the context in which it is made, contains a clear message asking, requesting or recommending that a person make a contribution, donation, transfer of funds or otherwise provide anything of value. A solicitation may be made directly or indirectly. The context includes the conduct of persons involved in the communication. A solicitation does not include mere statements of political support or mere guidance as to the applicability of a particular law or regulation. 11 CFR 300.2(m).
- Contribution: A gift, subscription, loan, advance or deposit of money or anything of value given to influence a federal election; or the payment by any person of compensation for the personal services of another person if those services are rendered without charge to a political committee for any purpose. 11 CFR 100.52(a) and 100.54.
- Foreign National:
- An individual who is not a citizen of the United States or a national of the United States and has not been lawfully admitted to the U.S. for permanent residence, as defined in 8 U.S.C. § 1101(a)(20); or
- A foreign principal, as defined in 22 U.S.C. § 611(b).
- Donation: A payment, gift, subscription, loan, advance, deposit or anything of value given to a person but does not include contributions.11 CFR 300.2(e).
- Expenditure: A purchase, payment, distribution, loan, advance, deposit or gift of money or anything of value made for the purpose of influencing a federal election. A written agreement to make an expenditure is also considered an expenditure. 11 CFR 100.111 and 100.112.
- Disbursement: Any purchase or payment made by a political committee or any other person that is subject to the Federal Election Campaign Act. 11 CFR 300.2(d).
- Directed: For purposes of 11 CFR Part 300, to direct means to guide, directly or indirectly, a person who has expressed an intent to make a contribution, donation, transfer of funds or otherwise provide anything of value, by identifying a candidate, political committee or organization for the receipt of such funds or things of value. The contribution, donation, transfer or thing of value may be provided directly or through an intermediary. Direction does not include merely providing information or guidance as to the applicability of a particular law or regulation. 11 CFR 300.2
. - Political Committee:
- An entity that meets one of the following conditions:
- An authorized committee of a candidate (see definition of candidate)
- Any club, association or other group of persons that receives contributions or makes expenditures, either of which aggregate over $1,000 during a calendar year
- A local unit of a political party (except a state party committee) that: (1) receives contributions aggregating over $5,000 during a calendar year; (2) makes contributions or expenditures either of which aggregate over $1,000 during a calendar year or (3) makes payments aggregating over $5,000 during a calendar year for certain activities that are exempt from the definitions of contribution and expenditure (11 CFR 100.80, 100.87 and 100.89; 11 CFR 100.140, 100.149).
- Any separate segregated fund upon its establishment. 11 CFR 100.5.
- Electioneering Communication: Any broadcast, cable or satellite communication that (1) refers to a clearly identified candidate for federal office; (2) is publicly distributed within certain time periods before an election and (3) is targeted to the relevant electorate. 11 CFR 100.29.
- Intermediary: Any person who receives and forwards an earmarked contribution to a candidate or a candidate’s authorized committee. 11 CFR 110.6(b)(2).