September 16, 2016 •
FEC Unable to Agree on Policy Regarding Permissible Corporate Political Activity by U.S. Domestic Subsidiaries of Foreign Nationals
On September 15, the Federal Election Commission (FEC) was unable to agree on a policy to clarify when and if a U.S. domestic subsidiary corporation of a foreign national is illegally involved in political activity. Federal law prohibits foreign nationals […]
On September 15, the Federal Election Commission (FEC) was unable to agree on a policy to clarify when and if a U.S. domestic subsidiary corporation of a foreign national is illegally involved in political activity.
Federal law prohibits foreign nationals from directly or indirectly making contributions, donations, expenditures, independent expenditures, and disbursements in connection with federal, state, or local elections. FEC regulations also prohibit foreign nationals from directing, controlling, or participating in the decision-making process of any person, such as a corporation, with regards to decisions concerning the making of contributions, donations, expenditures, or disbursements in connection with elections in the U.S.
Additionally, the FEC was unable to reach an agreement on the creation of a safe harbor for political committees to accept corporate contributions deemed not to have come from foreign national sources.
April 10, 2015 •
North Dakota Democrats File FEC Complaint Over Foreign Contributions
Grand Fork Democrats in District 43 have filed a complaint with the Federal Election Commission (FEC) against state Republican officials and a political action committee (PAC) for receiving foreign campaign contributions. Gov. Jack Dalrymple, state Sen. Lonnie Laffen, and the […]
Grand Fork Democrats in District 43 have filed a complaint with the Federal Election Commission (FEC) against state Republican officials and a political action committee (PAC) for receiving foreign campaign contributions. Gov. Jack Dalrymple, state Sen. Lonnie Laffen, and the ND Oil PAC each reported receiving contributions from individuals with Canadian and/or United Kingdom addresses.
The complaint cites federal law and regulations prohibiting contributions from foreign nationals in federal, state, or local elections. North Dakota Secretary of State Al Jaeger has said he believes federal laws under the FEC apply to federal candidates, but do not apply to in-state, nonfederal candidates.
Democratic leaders also filed a request for an attorney general’s opinion on the interplay between federal and state law regarding foreign campaign contributions.
January 9, 2012 •
Supreme Court Upholds Ban on Political Contributions from Foreign Residents
Summary Disposition
Federal campaign contributions are prohibited from individuals living in the U.S. but not admitted for permanent residency, the Supreme Court affirmed today.
The Supreme Court, through a summary disposition, upheld a lower court ruling finding aliens who are in the United States on temporary work visas may not make political contributions to federal candidates or political parties, as proscribed in 2 U.S.C. §441e and its implementing regulations.
Bluman v FEC was brought on behalf of two plaintiffs, a doctor in residency and a recent law school graduate, both citizens of other countries. They argued the Court’s earlier Citizens United v FEC decision mandated allowing financial political contributions by the plaintiffs as part of their protected free speech.
In upholding the law and denying the plaintiff the relief they sought, the lower court had written in its decision, “It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self-government.”
Today’s one-line summary disposition by the Supreme Court affirms the lower court’s holding without judicial opinion.
Photo of the U.S. Supreme Court Building by Joe Ravi on Wikipedia.
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