【劉龍珠律師法律評論】華人投票不能違法之法律原文

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)

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

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