local. It is one of the few federal campaign financing statutes that
reach activities directed at both federal and non-federal elections. 57
Specifically, the statute prohibits foreign nationals from
engaging in the following types of political activity:
• Making, directly or through any other person, a
contribution or donation in connection with any federal,
state, or local election, or knowingly soliciting or accepting
a contribution or donation from a foreign national.
• Making, directly or indirectly, an expenditure, as defined
by Section 30101.
• Making, directly or indirectly, an independent expenditure.
• Making, directly or indirectly, a disbursement for an
electioneering communication, within the meaning of 52
U.S.C. § 30104(f)(3).
BCRA added the term “donation” to Section 30121’s
prohibition (as well as to the Act’s criminal provision), to leave no
doubt that political donations to state and local candidates are
covered. 58
All types of Section 30121 violations are subject to prosecution
except those involving electioneering communications, which are
57
5 2 U.S.C. § 30118, discussed above, which bars national banks and federal
corporations from making a contribution in connection with an election to any
political office. 52 U.S.C. § 30124 bars any fraudulent solicitation of funds on behalf
of any candidate.
58
Although not defined in the Act, a “donation” is a political gift that is not a
“contribution” – a term that is confined to federal campaigns. Hence a “donation” is
a political gift that is given to a candidate for state or local office or to a political
committee in connection with a state or local election.
139
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