Legal Traps to Avoid
in the Election Process
By Attorney Long Z. Liu
I. Who Can Vote
A.
If not applied, renewed, or changed CA driver』s license this year may register
to vote if:
1.
U.S. citizen (born or naturalized)
2.
A California Resident
3.
At least 18 years of age
4.
Not currently in prison or not currently on parole from conviction of a felony
B. If has applied, renewed, or changed
CA driver』s license this year then because of CA new Bill AB No. 1461 a person
is already registered to vote.
C. If not A or B then can only financially
contribute (foreign nationals may not contribute to a US campaign)
II. How to Contribute/Be Politically Involved
NOTE: Those who are naturalized citizens of the US or
have permanent resident status (i.e. green card) may both financially contribute
to a campaign and/or volunteer such services for a campaign. Foreign nationals
(those without green cards) may NOT contribute financially to a campaign, but
may volunteer their services with severe restrictions.
A.
Note: if a person does not have a green card/permanent resident status then
they CANNOT contribute to a
campaign.
B.
As an individual contributing, the Federal laws demand no more than:
1.
$2,700 per election to a Federal candidate or the candidate's campaign committee.
Notice that the limit applies separately to each election. Primaries, runoffs
and general elections are considered separate elections.
2.
$5,000 per calendar year to a PAC. This limit applies to a PAC (political
action committee) that supports Federal candidates. (PACs are neither party
committees nor candidate committees.
3.
$10,000 per calendar year to a State or local party committee. A State party
committee shares its limits with local party committees in that state unless a
local committee's independence can be demonstrated.
4.
$33,400 per calendar year to a national party committee. This limit applies
separately to a party's national committee, House campaign committee and Senate
campaign committee.
5.
$100 in currency (cash) to any political committee. (Anonymous cash
contributions may not exceed $50.) Contributions exceeding $100 must be made by
check, money order or other written instrument.
C.
As an individual contributing, the State of California laws mandate no more than:
1.
$4,200 per calendar year for State and Assembly members,
and $3,550 per calendar year to each
members State Officeholder Committee(s)
2.
$4,200 per calendar year CalPERS/CalSTRS,
and $3,550 per calendar year to each
members State Officeholder Committee(s)
3. $7,000 calendar year for Lt. Governor, Secretary
of State, Attorney General, Treasurer, Controller, Supt. of Public Instruction,
Insurance Commissioner, and Board of Equalization members.
and
$5,900 per calendar year to each members State Officeholder Committee(s)
4.
$28,200 per calendar year for the Governor,
and
$23,400 per calendar year to each the governor』s State Officeholder
Committee(s)
5.
-There are NO contribution caps when
financially aiding 527 Organizations nor 501c4 entities supporting the desired
candidate and/or legislation because they have certain limitations on what they
can and cannot do (donations do NOT
count as charitable NOR deductible
to taxes)
D.
As a contribution of persons specifically focusing on efforts inside of
California:
1.
Form a Recipient Committee pursuant to Government Code Section 82013(a)
a.
Must comply with Secretary of State Procedures when applying, forming, and
acting
b.
Can receive contributions
c.
Can use those contributions to influence voters towards supporting a particular
candidate or issue
d.
For more information on how to start and proceed as a Recipient Committee go to
http://www.sos.ca.gov/campaign-lobbying
2.
Lobby (State)
a.
Must comply with Secretary of State Procedures when applying, forming, and
acting
b.
Can receive contributions
c.
Can use those contributions to influence voters towards supporting a particular
candidate or issue
d.
For more information on how to start and proceed as a as a Lobbyist within California
go to http://www.sos.ca.gov/campaign-lobbying
E.
As a contribution of persons using resources to promote a Federal Candidate or
issue outside of California
1. Form a 501c4 (no
spending cap or limit to how much people contribute
to)
a.
Must comply with International Revenue Services (IRS) when applying, forming,
and acting
b.
Can receive contributions
c.
Can use those contributions to inform the public on controversial subjects and
attempt to influence legislation that is relevant to its』 formation
d.
For more information on how to start and proceed as 501c4 go to
https://www.irs.gov/charities-non-profits/life-cycle-of-an-exempt-organization
2. Form a 527
Organization (no spending cap or limit to how much people contribute to)
a.
Must comply with International Revenue Services (IRS) when applying, forming,
and acting
b.
Can receive contributions
c.
Can use those contributions to issue various types of advocacy and mobilize
voters.
d.
For more information on how to start and proceed as a 527 Organization go to http://www.fec.gov/ans/answers_general.shtml#527
or
https://www.irs.gov/charities-non-profits/political-organizations
3. Lobbying
(Federal)
a.
Must comply with Lobbying Disclosure Act when applying, forming, and acting
b.
Can receive contributions
c.
Can use those contributions to influence voters towards supporting a particular
candidate or issue
d.
For more information on how to start and proceed as a Lobbyist on a Federal
level go to http://www.senate.gov/legislative/Lobbying/Lobby_Disclosure_Act/3_Definitions.htm
3. Form a Political
Action Committee (PAC)
a.
Must comply with Federal Election Commission (FEC) Procedures when applying,
forming, and acting
b.
Can receive contributions
c.
Can use those contributions to influence voters towards supporting a particular
candidate
d.
For more information on how to start and proceed as a Political Action
Committee go to http://www.fec.gov/ans/answers_pac.shtml#connected
4.
The Federal Election Campaign Act§ 30121 mandates that foreign nationals
(anyone without a green card) CANNOT financially contribute to the election
process
5. PAC
Contributions for Federal Activity
a. A domestic subsidiary of a foreign corporation may
not establish a federal political action committee (PAC) to make federal
contributions if:
i. The foreign parent
corporation finances the PAC's establishment, administration, or solicitation
costs; or
ii. Individual foreign
nationals:
-Participate
in the operation of the PAC;
-Serve
as officers of the PAC;
-Participated
in the selection of persons who operate the PAC;
or
-Make decisions regarding PAC
contributions or expenditure. 11 CFR 110.20(i).
NOTE: THIS LAW
PROHIBITS ANY FOREIGN NATIONALS FROM BEING A PART OF ANY PAC
F. Go to Candidate(s)/party(ies)/issue(s) rallies or advocacy events.
G, Be informed
1. Know the
candidates and the parties
2. Be familiar with
the issues
3. Know what is
being voted on
III. Examples of Violations of Election Laws and
Penalties
The Federal Election Campaign Act§ 30121 mandates that no
foreign national (anyone without a green card) cannot financially contribute to
the election process. Thus, if you do not have a green card do NOT participate
in the election process unless you want to be sued by the Federal
Government!!!!!!!!!
A. The Federal Election Campaign Act§ 30121
allows an individual who is a foreign national to volunteer personal services
to a federal candidate or federal political committee without making a
contribution. The Act provides this volunteer 「exemption」 as long as the individual
performing the service is NOT
compensated by anyone. Title 11 Section 100. 74 of Code
of Federal Regulations. The Federal
Election Committee has prohibited
a foreign national artist from donating his services in connection with
fundraising for a Senate campaign, thus foreign nationals CANNOT use their time and services to influence voters or an
outcome.
Foreign
nationals may not use their stature to influence voters, foreign nationals can
only volunteer in service-so even though this person was not compensated he was
still heavily involved with the election process through his influence. the
Federal Election Committee does not want people using their stature to
influence people』s votes. Thus, only volunteer service that is not allowing a
foreign national to use their influence to affect people』s voting decisions is
the only appropriate kind of volunteer service.
B. In
Bluman v. FEC (D.D.C. 2011) 800 F.Supp.2d 281. the DC Court
ruled that all branches of the US government can limit how much activity,
contributions, and influence foreign national and non-US citizens have in the
election process.
C. United States v. Kanchanalak, 192 F.3d
1037 is a Federal appeals Court decision that prosecuted foreign nationals for
using hard and soft money sourced by money from foreign nationals through
checks signed by permanent residents to fund a political party.
1. Federal Election Campaign Ac
Sec 30122 and Title 18 US Code § 1001
prohibits anyone from contributing in the election process on the behalf of
another.
D. Citizens
United v. FEC, 558 U.S. 310 assures the American people that foreign
nationals and foreign businesses, organizations, and alike will not have any
influence in the American election process.
NOTE: Most violations of the
Federal Election Campaign Act (FECA) result in civil penalties--fines arrived
at through a conciliation process. Knowing and willful violations of certain
FECA provisions can lead to imprisonment. The FEC has exclusive civil
enforcement authority, and may refer criminal violations to the U.S. Department
of Justice.
E. Examples of What not to do:
1. If you are a foreign national do not give your
friend money and tell them to give it to a certain campaigns, candidates, or
alike- if you do you will be FINED by the FEC and possibly sued by the DOJ and
charged with violating The Federal Election Campaign Act. Federal Election Campaign Ac Sec
30122 and Title 18 US Code § 1001
prohibits anyone from contributing in the election process on the behalf of
another.
2.
If you are a foreign national do not personally give money (cash/check/etc.) to
any campaigns, candidates, or alike. The FEC will FINE you for violating The
Federal Election Campaign Act if you do and the DOJ will potentially charge you.
3.
If you are a foreign national do not funnel yours or any other foreign
nationals money to a permanent residents account and then have them sign checks
for a particular candidate or party (acting on yours or another foreign
national』s behalf). 1.
Federal Election Campaign Act Sec
30122 and Title 18 US Code § 1001
prohibits anyone from contributing in the election process on the behalf of
another.
4.
If you are a foreign national do NOT Participate in the operation of the PAC;
Serve as officers of the PAC; Participate in the
selection of persons who operate the PAC; or
Make decisions regarding PAC contributions or
expenditure. If you do you are in violation of the Federal Election Campaign
Act and will be FINED by the FEC and sued by the DOJ.
F.
Examples of Penalties:
1.
Financial Penalties by the FEC
a.
$6,500 or the amount of the contribution or expenditure (which ever greater)
involved if did not know.
b.
$11,000 or
200% of the amount of the contribution or expenditure (which
ever greater)involved if did know,
had intent.
c.
$55,000 or 1,000% of the amount (which ever greater) involved if had someone
donate on your behalf.
2.
Prison Time Penalties if FEC has DOJ pursue the matter through criminal
violations charges
a.
If foreign national does anything they are not supposed to do relating to
financially contributing to a campaign their prison time can be:
i.
If 0-1 criminal history violations 0-6 months prison time,
ii.
If 2-3 criminal history violations 4-10 months prison time,
iii.
If 4-6 criminal history violations 6-12 months prison time,
iv.
if foreign government involved in between 6-14 months in prison
v. If violated the Federal Election Campaign
Act to gain Federal benefit then a person can receive 6-14 months in prison
vi.
If engaged in 30+ violations of the act 15-21 months in prison
NOTE: IF A FOREIGN NATIONAL CAN BE CONVICTED ON
NUMEROUS OF THE EXEMPLIFIED COUNTS, THUS WITH THE ADDITION OF CONVICTIONS MEANS
MORE PRISON TIME