劉龍珠律師 (已有 1,726,458 人访问过博主空间)

https://www.backchina.com/u/359631

【劉龍珠律師法律評論】華人投票不能違法之法律原文

作者:劉龍珠律師  于 2016-11-8 02:15 发表于 最热闹的华人社交网络--贝壳村

通用分类:法律相关|已有2评论

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

 


高兴

感动

同情

搞笑

难过

拍砖

支持
1

鲜花

刚表态过的朋友 (1 人)

发表评论 评论 (2 个评论)

1 回复 十路 2016-11-8 02:20
您的工作网站链接不工作,特此告知。


www.theliulawfirm.com

Learn more about the profile of the legal professionals at The Liu Law Firm. 劉龍珠律師起訴阿里巴巴. Attorney Liu takes on Alibaba Group. Long Z. Liu
2 回复 酸柚子 2016-11-8 08:23
thanks

facelist doodle 涂鸦板

您需要登录后才可以评论 登录 | 注册

劉龍珠律師最受欢迎的博文
  1. 刘龙珠律师法律评论:章莹颖家人狮子大开口要50万,涉嫌违法,可能坐牢20年! 文/刘龙 [2017/08]
  2. 劉龍珠律師法律評論:郭文貴的房產照片 [2017/04]
  3. 刘强东案女主微信聊天记录曝光:床单——东哥的救命稻草? [2018/09]
  4. 热辣点评:华人大闹瑞典旅馆被丢墓地事件 [2018/09]
  5. 刘龙珠律师法律评论:何洁还是留了一手,看看没她老公名字的美国房子 [2016/12]
  6. 告马云证券欺诈的刘龙珠律师评马云、孙正义频抛股票行为 [2017/01]
  7. 劉龍珠律师提醒: 全美移民检查站在哪里,被拦下来要如何处理 [2017/02]
  8. 刘龙珠律师法律评论:王宝强、张纪中、张靓颖、何洁的美国房子大对比 [2016/12]
  9. 劉龍珠律師特別提醒:不是假新聞!美國海關有權檢查手機 [2016/03]
  10. 孟晚舟凶多吉少!明天会被引渡 [2018/12]
  11. 劉龍珠律師:梁案中Glock 19手槍很難走火 [2016/02]
  12. 劉龍珠律師評聖塔芭芭拉滅門兇殺案: 幹私活、挖牆腳後果很嚴重,嫌犯面臨死刑 [2016/03]
  13. 紧急状态 生意难做 饭店按摩店小业主可以退房租吗?! [2020/03]
  14. 劉龍珠律师法律評論: 不要撞在槍口上, 全美移民檢查站地圖 [2017/02]
  15. 劉龍珠律師法律評論:川普當總統,華人應該買房嗎? [2016/11]
  16. 劉龍珠律師法律評論:赴美產婦濫用福利、現在拿不到簽證 [2017/03]
  17. 劉龍珠律師法律評論:忠言逆耳,挺梁遊行可能害梁彼得、應給非裔受害人捐款 [2016/02]
  18. “一哭二闹三上吊” 中美皆违法 - 霸座男女 携手去瑞典 [2018/09]
  19. 如果网传事件记录属实,刘强东罪名会成立吗? [2018/09]
  20. 六天倒计时,孟晚舟会被释放吗 [2019/01]
  21. 劉龍珠律師法律評論:PAX公司状告郭文贵欠债8800万美元不还(附訴狀) [2017/04]
  22. 刘龙珠律师法律评论:华裔踹飞白人老太,可能涉嫌种族歧视,最高坐牢10年! [2018/03]
  23. 劉龍珠律師法律評論:UCLA槍擊案的啟示——憲法第二修正案應廢除 [2016/06]
  24. 劉龍珠律師法律評論:梁彼得,為了種族和平,你應該主動要求坐牢 [2016/04]
  25. 刘龙珠律师法律评论:美国真黑暗,杀人凶手被法官称为“好人” [2017/12]
  26. 刘龙珠律师法律评论:卖狗肉,中国罚款5万,美国坐牢40年,玉林狗肉节必须废止! [2018/02]
  27. 红颜不是祸水,俞敏洪才是 [2018/11]

关于本站 | 隐私政策 | 免责条款 | 版权声明 | 联络我们 | 刊登广告 | 转手机版 | APP下载

Copyright © 2001-2013 海外华人中文门户:倍可亲 (http://www.backchina.com) All Rights Reserved.

程序系统基于 Discuz! X3.1 商业版 优化 Discuz! © 2001-2013 Comsenz Inc. 更新:GMT+8, 2020-8-9 14:25

倍可亲服务器位于美国圣何塞、西雅图和达拉斯顶级数据中心,为更好服务全球网友特统一使用京港台时间

返回顶部