Laws governing campaign contributions to candidates from foreign individuals or entities
Federal law prohibits candidates from soliciting, directing, or receiving contributions from foreign individuals or entities in connection with any federal, state, or local election. Federal statutes define a foreign individual as someone who is not a citizen or permanent resident of the United States. The Federal Election Campaign Act defines a foreign principal as a foreign government, political party, corporation, organization, or other group whose principal place of business is in a foreign country.[1] Additionally, the United States Supreme Court has held that "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."[2]
State laws related to foreign contributions from individuals and other entities to candidates vary. In some states, the law does not contain additional restrictions beyond federal law. In others, the law provides additional constraints on contributions from foreign nationals, businesses, and other entities to candidates or candidate committees. States such as Hawaii extend prohibitions to contributions from domestic subsidiaries of foreign corporations and domestic corporations owned by a foreign national. State laws also vary in how they define foreign individuals or entities.[3][4]
This page includes the following information regarding campaign contributions to candidates from foreign sources:
This page primarily focuses on foreign contributions to candidates. To see state laws governing foreign contributions to ballot measure campaigns, click here.
Federal laws
The Federal Election Campaign Act of 1971 (FECA) replaced existing federal campaign finance laws and required campaigns to file quarterly disclosure reports of contributions and expenditures.[5] The law also "provided the basic legislative framework for separate segregated funds," more commonly known as political action committees.[6] In 1974, the Federal Election Campaign Act was amended to impose contribution and spending limits on campaigns and to forbid contributions to candidates from foreign nationals.
Under Title 52, Section § 30121:
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"§ 30121. Contributions and donations by foreign nationals (a) Prohibition It shall be unlawful for— (1) a foreign national, directly or indirectly, to make— (A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election; (B) a contribution or donation to a committee of a political party; or (C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 30104(f)(3) of this title); or (2) a person to solicit, accept, or receive a contribution or donation described in subparagraph (A) or (B) of paragraph (1) from a foreign national."[7] |
The 1974 amendments also established the Federal Election Commission as "an independent agency to assume the administrative functions previously divided between congressional officers and the General Accounting Office."[8] Section § 110.20 of Title 11 of FEC regulations address contributions from foreign individuals and entities:
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"(b) Contributions and donations by foreign nationals in connection with elections. A foreign national shall not, directly or indirectly, make a contribution or a donation of money or other thing of value, or expressly or impliedly promise to make a contribution or a donation, in connection with any Federal, State, or local election. (c) Contributions and donations by foreign nationals to political committees and organizations of political parties. A foreign national shall not, directly or indirectly, make a contribution or donation to: 1) A political committee of a political party, including a national party committee, a national congressional campaign committee, or a State, district, or local party committee, including a non-Federal account of a State, district, or local party committee, or (2) An organization of a political party whether or not the organization is a political committee under 11 CFR 100.5. (d) Contributions and donations by foreign nationals for office buildings. A foreign national shall not, directly or indirectly, make a contribution or donation to a committee of a political party for the purchase or construction of an office building. See 11 CFR 300.10 and 300.35. (e) Disbursements by foreign nationals for electioneering communications. A foreign national shall not, directly or indirectly, make any disbursement for an electioneering communication as defined in 11 CFR 100.29. (f) Expenditures, independent expenditures, or disbursements by foreign nationals in connection with elections. A foreign national shall not, directly or indirectly, make any expenditure, independent expenditure, or disbursement in connection with any Federal, State, or local election. (g) Solicitation, acceptance, or receipt of contributions and donations from foreign nationals. No person shall knowingly solicit, accept, or receive from a foreign national any contribution or donation prohibited by paragraphs (b) through (d) of this section."[9] |
In Bluman v. FEC (2011), the United States Supreme Court upheld a lower court's ruling that said FECA prohibits foreign contributions to political candidates and that this prohibition is constitutional. The court found that "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."[10]
State laws
The map and table below show state laws that further regulate (beyond existing federal law) candidate contributions from foreign individuals or entities as of May 2025.
| State | Does state law prohibit foreign campaign contributions? | Relevant provisions | Statute |
|---|---|---|---|
| Alabama | No | — | — |
| Alaska | Yes | "A foreign-influenced corporation or foreign national may not, directly or indirectly, in connection with an election under this chapter, make a contribution or expenditure or make an express or implied promise to make a contribution or expenditure." | Alaska Statute 15.13.068 |
| Arizona | No | — | — |
| Arkansas | No | — | — |
| California | Yes | "A foreign government or foreign principal shall not make, directly or through any other person, a contribution, expenditure, or independent expenditure in connection with the qualification or support of, or opposition to, any state or local ballot measure or in connection with the election of a candidate to state or local office." | California Code §85320 |
| Colorado | Yes | "No limited liability company shall make any contribution to a candidate committee or political party if one or more of the individual members of the limited liability company is:...(III) A natural person who is not a citizen of the United States; (IV) A foreign government." | Colorado Revised Statutes 1-45-103.7(5)(a) |
| Connecticut | Yes | "The following persons shall be guilty of illegal practices and shall be punished in accordance with the provisions of section 9-623:...(17) Any foreign national that makes, directly or indirectly, (A) any contribution or any express or implied promise to make a contribution, or (B) any expenditure; or (18) Any person who solicits, accepts or receives any contribution or covered transfer from a foreign national." | General Statutes of Connecticut 9-622 (17-18) |
| Delaware | No | — | — |
| Florida | Yes | "A foreign national may not make or offer to make, directly or indirectly, a contribution or expenditure in connection with any election held in the state." | Florida Statutes 106.08(12)(b) |
| Georgia | No | — | — |
| Hawaii | Yes | "Contributions by foreign national or foreign corporation prohibited. (a) Except as provided in subsection (b), no contributions or expenditures shall be made to or on behalf of a candidate, candidate committee, or noncandidate committee, by a foreign national or foreign corporation, including a domestic subsidiary of a foreign corporation, a domestic corporation that is owned by a foreign national, or a local subsidiary where administrative control is retained by the foreign corporation, and in the same manner prohibited under 2 United States Code section 441e and 11 Code of Federal Regulations section 110.20, as amended. (b) A foreign-owned domestic corporation may make contributions if: (1) Foreign national individuals do not participate in election-related activities, including decisions concerning contributions or the administration of a candidate committee or noncandidate committee; or (2) The contributions are domestically-derived." | Hawaii Revised Statutes §11-356 |
| Idaho | Yes | "A foreign national shall not make a contribution, directly or indirectly, to any candidate, political committee, or measure or make electioneering communications or independent expenditures." | Idaho Statutes 67-6610D(1) |
| Illinois | No | — | — |
| Indiana | Yes | "A foreign national (as defined in 52 U.S.C. 30121(b)) may not make a contribution in connection with: (1) an election; (2) a convention; or (3) a caucus in which a candidate is selected; under this title." | Indiana Code 3-9-2-11 |
| Iowa | Yes | "As provided in Federal Election Commission regulation 11 CFR 110.20, a foreign national shall not, directly or indirectly, make a monetary or in-kind contribution, or specifically promise to make a contribution, in connection with a state or local campaign or election in Iowa. A foreign national shall not, directly or indirectly, make a contribution to a candidate or to a campaign committee organized under Iowa Code chapter 68A." | Iowa Code 351-4.28 (68A) |
| Kansas | No | — | — |
| Kentucky | No | — | — |
| Louisiana | Yes | "No foreign national shall, directly or through any other person, make any contribution of money or other thing of value, or promise expressly or impliedly, any such contribution, in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office; nor shall any person solicit, accept, or receive any such contribution from such foreign national." | LA Revised Statutes §1505.2(M)(1) |
| Maine | Yes | "A foreign government-influenced entity may not make, directly or indirectly, a contribution, expenditure, independent expenditure, electioneering communication or any other donation or disbursement of funds to influence the nomination or election of a candidate or the initiation or approval of a referendum." | Maine Revised Statutes §1064 (2) |
| Maryland | No | — | — |
| Massachusetts | No | — | — |
| Michigan | Yes | "An officer, director, stockholder, attorney, agent, or any other person acting for a labor organization, a domestic dependent sovereign, or a corporation or joint stock company, whether incorporated under the laws of this or any other state or foreign country, except corporations formed for political purposes, shall not make a contribution or expenditure or provide volunteer personal services that are excluded from the definition of acontribution under section 4(3)(a)" | Michigan Statutes 169.254(2) |
| Minnesota[11] | Yes | "(a) Notwithstanding subdivisions 3 and 4, a foreign-influenced corporation must not:...(3) make a contribution to a candidate for nomination, election, or appointment to a public office or to a candidate's principal campaign committee." | Minnesota 211B.15 Subd4A |
| Mississippi | Yes | "It shall be unlawful for a foreign national, directly or through any other person, to make any contribution or any expenditure of money or other thing of value, or to promise expressly or impliedly to make any such contribution or expenditure, in connection with an election to any political office or in connection with any primary election, convention or caucus held to select candidates for any political office." | Mississippi Code 23-15-819 |
| Missouri | Yes | "No campaign committee, candidate committee, continuing committee, exploratory committee, political party committee, and political party shall knowingly accept contributions from:...(b) A foreign government; or (c) Any foreign corporation that does not have the authority to transact business in this state pursuant to chapter 347, RSMo, as amended from time to time." | Missouri Constitution Article 8, Section 23(16) |
| Montana | Yes | "It is unlawful for a foreign national, directly or through an intermediary, to make a disbursement for an electioneering communication, a contribution, or an expenditure, or to make an express or implied promise to make a contribution or an expenditure, in connection with any candidate election." | Montana Code 13-37-502 |
| Nebraska | No | — | — |
| Nevada | Yes | "A foreign national shall not, directly or indirectly, make a contribution or a commitment to make a contribution to: (a) A candidate." | Nevada Revised Statutes 294A.325 |
| New Hampshire | Yes | "No expenditure or use of a contribution, tangible or intangible, shall be made for the purpose of promoting the success or defeat of any political party, measure or candidate:...VI. By any foreign national, as defined in 52 U.S.C. section 30121(b) and 11 C.F.R. section 110.20(a)(3), for any purpose, including for the use of telephones, facsimile machines, vehicles, and computers, for electioneering. For the purposes of this paragraph, 'electioneering' means to act in any way specifically designed to influence the vote of a voter on any question or office." | New Hampshire Statutes 664:5 |
| New Jersey[12] | No | — | — |
| New Mexico | Yes | "Contributions and donations may not be solicited, accepted, received from, or made directly or indirectly by, foreign nationals who do not have permanent residence in the United States." | New Mexico Administrative Code 1.10.13.22(F) |
| New York[13] | No | — | — |
| North Carolina | Yes | "No candidate, political committee, political party, affiliated party committee, or treasurer shall accept any contribution made by any corporation, foreign or domestic, regardless of NC General Statutes - Chapter 163 Article 22A 26 whether such corporation does business in the State of North Carolina, or made by any business entity, labor union, professional association, or insurance company." | NC General Statutes 163‑278.15(a) |
| North Dakota | Yes | "Governments of foreign countries, foreign nationals not lawfully admitted for permanent residence in the United States, and corporations organized under the laws of or having their principal place of business in a foreign country, are prohibited from making contributions or expenditures in connection with any statewide election, election for the legislative assembly, or statewide ballot-issue election." | North Dakota Constitution Article XIV, Section 2(6) |
| Ohio | Yes | "No foreign national shall, directly or indirectly through any person or entity, do any of the following: (1) Make a contribution, expenditure, or independent expenditure in support of or opposition to a candidate for any elective office in this state, including an office of a political party." | Ohio Revised Code 3517.121 |
| Oklahoma | No | — | — |
| Oregon | No | — | — |
| Pennsylvania | Yes | "It is unlawful for any National or State bank, or any corporation, incorporated under the laws of this or any other state or any foreign country or any unincorporated association, except those corporations formed primarily for political purposes or as a political committee, to make a contribution or expenditure in connection with the election of any candidate or for any political purpose whatever except in connection with any question to be voted on by the electors of this Commonwealth." | PA Election Code Section 1633 |
| Rhode Island | Yes | "It shall be unlawful for any corporation, whether profit or non-profit, domestic corporation or foreign corporation, as defined in § 7-1.2-106, or other business entity to make any campaign contribution or expenditure, as defined in § 17-25-3, to or for any candidate, political action committee, or political party committee, or for any candidate, political action committee, or political party committee to accept any campaign contribution or expenditure from a corporation or other business entity." | R.I. Gen. Laws § 17-25-10.1(h)(1) |
| South Carolina | No | — | — |
| South Dakota | Yes | "No candidate or political committee may accept any contribution from any state, state agency, political subdivision of the state, foreign government, federal agency, or the federal government. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor." | South Dakota Codified Laws 12-27-21 |
| Tennessee | No | — | — |
| Texas | No | — | — |
| Utah | No | — | — |
| Vermont | No | — | — |
| Virginia | No | — | — |
| Washington | Yes | "A foreign national may not make a contribution to any candidate or political committee, make an expenditure in support of or in opposition to any candidate or ballot measure, or sponsor political advertising or an electioneering communication." | Revised Code of Washington 42.17A.417 |
| West Virginia | Yes | "A foreign national may not, directly or indirectly, make: (1) A contribution or donation, or an express or implied promise to make a contribution or donation, to a candidate’s committee, a political committee, or a political party; or (2) An independent expenditure or any disbursement for an electioneering communication related to a state or local election." | West Virginia Code §3-8-5g |
| Wisconsin | Yes | "No person may make or accept a contribution, make a disbursement, make an expenditure, or incur an obligation in violation of 11 CFR 110.20 and 52 USC 30121." | Wisconsin Code 11.1208(4) |
| Wyoming | No | — | — |
Laws governing foreign spending in ballot measure campaigns
Campaign finance rules for ballot measures differ from those for candidate elections. "Referenda are held on issues, not candidates for public office," wrote the U.S. Supreme Court in 1978 (First National Bank of Boston v. Bellotti).[14] The court has held that spending on ballot measure campaigns is similar to issue advocacy, such as lobbying, in the lawmaking process. In 2012, the Supreme Court affirmed that, under the Federal Elections Campaign Act (FECA), foreign nationals were prohibited from making contributions to candidates. However, FECA "does not bar foreign nationals from issue advocacy," according to the affirmed ruling.[15]
The Federal Election Commission, following the court's orders, has held that ballot measure campaigns are not regulated under FECA. According to the FEC, since ballot measure campaigns are similar to issue advocacy, foreign individuals, corporations, and governments can contribute to them.[16]
At least 19 states have passed laws prohibiting foreign nationals or governments from contributing to ballot measure committees. However, the definition of foreign national may vary by state. Those 19 states are Arkansas, California, Colorado, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, South Dakota, Tennessee, Washington, and Wyoming.
Noteworthy events
Minnesota Chamber of Commerce v. John Choi, et al
On February 7, 2025, Judge Eric Tostrud of the U.S. District Court for the District of Minnesota issued an order permanently enjoining provisions found in Minnesota Statute 211B.15. The Minnesota State Legislature passed the statute in 2023, prohibiting entities who had one foreign investor with a 1% interest or multiple foreign investors holding 5% interest from making independent expenditures or candidate contributions.[17]
The Minnesota Chamber of Commerce filed a lawsuit challenging the statute as unconstitutional and requesting a preliminary injunction shortly after it was enacted. The plaintiffs argued the law violated the First Amendment and was not sufficiently narrow in its scope. In his decision permanently enjoining the statute, Tostrud wrote, "The [attorneys for the Minnesota Campaign Finance and Public Disclosure Board] give no reason to think the challenged provisions, to the extent they address political contributions, survive exacting scrutiny."[18]
The following is a list of recent campaign finance bills related to campaign contributions from foreign individuals or entities. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.
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See also
- Laws governing foreign spending in ballot measure campaigns
- Federal campaign finance laws and regulations
- State campaign finance agencies
- State campaign finance information
Footnotes
- ↑ FEC, "Foreign Nationals," accessed May 12, 2025
- ↑ FEC, "Bluman v. FEC," accessed May 12, 2025
- ↑ Open Secrets, "Foreign-Influenced Corporate Money in State Elections," accessed May 12, 2025
- ↑ NCSL, "Contribution Disclosure Requirements," accessed May 12, 2025
- ↑ FEC, "Campaign Finance Law: Disclosure and Disclaimer Requirements for Political Campaign Advertising," December 30, 2019
- ↑ FEC, "The Presidential Public Funding Program April 1993," accessed April 20, 2025
- ↑ U.S. Code, "Title 52 - Voting and Elections," accessed May 12, 2025
- ↑ Ford Library Museum, "Federal Election Campaign Act Amendments - 1974," accessed April 29, 2025
- ↑ National Archives, "Code of Federal Regulations," accessed May 12, 2025
- ↑ FEC, "Bluman v. FEC," accessed May 12, 2025
- ↑ Note: On February 7, 2025, a U.S. district court issued an order permanently enjoining certain provisions of Minnesota law related to candidate contributions from foreign sources.
- ↑ Note: New Jersey law prohibits foreign individuals or entities from forming independent expenditure committees or making independent expenditures, but does not explicitly prohibit contributions to candidates.
- ↑ Note: New York law prohibits foreign individuals or entities from forming independent expenditure committees or making independent expenditures, but does not explicitly prohibit contributions to candidates.
- ↑ U.S. Supreme Court, "First National Bank of Boston v. Bellotti," April 26, 1978
- ↑ FEC, "MUR: 6678," April 30, 2015
- ↑ FEC, "Stop 1-186 to Protect Mining and Jobs ," accessed December 14, 2022
- ↑ Winthrop and Weinstine, "Minnesota Federal Judge Permanently Enjoins Enforcement of Minnesota’s 2023 Foreign Influence Campaign Finance Statute," February 7, 2025
- ↑ FindLaw, "MINNESOTA CHAMBER OF COMMERCE v. CHOI (2025)," accessed May 12, 2025
