[EL] contributions by foreign nationals to state/local ballot issue committees

Fri May 17 06:53:54 PDT 2013

A three-judge panel addressed this in Bluman v. FEC, 800 F. Supp. 2d 281  (D.D.C. 2011):

Plaintiffs further contend that the statute is underinclusive and not narrowly tailored because it permits foreign nationals to make contributions and expenditures related to ballot initiatives. But as the Supreme Court has stated, Congress may proceed piecemeal in an area such as this involving distinctions between citizens and aliens. See Buckley, 424 U.S. at 105<https://www.lexis.com/research/buttonTFLink?_m=3a9f6f87a8f33f93f810d38facaab78c&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5b800%20F.%20Supp.%202d%20281%5d%5d%3e%3c%2fcite%3e&_butType=3&_butStat=2&_butNum=135&_butInline=1&_butinfo=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5b424%20U.S.%201%2c%20105%5d%5d%3e%3c%2fcite%3e&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLzVzB-zSkAW&_md5=64c9531c2631ccfc49ef1efca468bf57> (noting the "familiar principles that a statute is not invalid under the Constitution because it might have gone farther than it did, that a legislature need not strike at all evils at the same time, and that reform may take one step at a time, addressing itself to the phase of the problem which seems  [**27] most acute to the legislative mind") (internal quotations marks and citations omitted); Mathews, 426 U.S. at 82-84<https://www.lexis.com/research/buttonTFLink?_m=3a9f6f87a8f33f93f810d38facaab78c&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5b800%20F.%20Supp.%202d%20281%5d%5d%3e%3c%2fcite%3e&_butType=3&_butStat=2&_butNum=136&_butInline=1&_butinfo=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5b426%20U.S.%2067%2c%2082%5d%5d%3e%3c%2fcite%3e&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLzVzB-zSkAW&_md5=ab4548e8e0aa625d28dd50e33c3e9408> ("Since it is obvious that Congress has no constitutional duty to provide all aliens with the welfare benefits provided to citizens, the party challenging the constitutionality of the particular line Congress has drawn has the burden of advancing principled reasoning that will at once invalidate that line and yet tolerate a different line separating some aliens from others. . . . When this kind of policy choice must be made, we are especially reluctant to question the exercise of congressional judgment."). Moreover, Congress could reasonably conclude that the risk of undue foreign influence is greater in the context of candidate elections than it is in the case of ballot initiatives, Cf. Citizens Against Rent Control/Coalition for Fair Housing v. City of Berkeley, 454 U.S. 290, 299, 102 S. Ct. 434, 70 L. Ed. 2d 492 (1981)<https://www.lexis.com/research/buttonTFLink?_m=3a9f6f87a8f33f93f810d38facaab78c&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5b800%20F.%20Supp.%202d%20281%5d%5d%3e%3c%2fcite%3e&_butType=3&_butStat=2&_butNum=137&_butInline=1&_butinfo=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5b454%20U.S.%20290%2c%20299%5d%5d%3e%3c%2fcite%3e&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLzVzB-zSkAW&_md5=458cdeabde19b96af253f42e7d7fdb2b>. HN12<https://www.lexis.com/research/retrieve?_m=5f61234be7e0087522f7781ccd4fbfd6&csvc=le&cform=&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLzVzB-zSkAW&_md5=1b43806c1428f917b37a050b4854d520#clscc12>[Go to the description of this Headnote.]<https://www.lexis.com/research/retrieve?_m=5f61234be7e0087522f7781ccd4fbfd6&csvc=le&cform=&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLzVzB-zSkAW&_md5=1b43806c1428f917b37a050b4854d520#clscc12>Congress's determination that foreign contributions and expenditures pose a greater risk in relation to candidate elections than such activities pose in relation to ballot initiatives is a sensible one and, in our view, does not undermine the validity of the statutory ban on contributions  [**28] and expenditures.

_______________________________
Allen Mattison
Trister, Ross, Schadler & Gold, PLLC
1666 Connecticut Ave. NW, Fifth Floor
Washington DC 20009
202-328-1666, ext. 1349
amattison at TristerRoss.com<blocked::mailto:amattison at ltsrlaw.com>
202-328-9162 (fax)
In order to comply with IRS Circular 230, we must advise that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of either avoiding tax-related penalties under the Internal Revenue Code, or promoting, marketing, or recommending to another party any tax-related matter addressed in this communication.
NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Mark McGinnis
Sent: Friday, May 17, 2013 9:36 AM
To: Don McTigue; Corey Columbo
Cc: law-election at uci.edu
Subject: [EL] contributions by foreign nationals to state/local ballot issue committees

Does 2 USC 441(e) prohibit a foreign national from making a contribution to a state or local ballot issue committee that is not connected to any candidate for public office?

--
MARK A. McGINNIS, ESQ.
McTigue & McGinnis LLC
545 East Town Street
Columbus, Ohio 43215
Tel: (614) 263-7000
Fax: (614) 263-7078
Cell: (614) 563-4365
http://www.electionlawgroup.com/<http://www.mctiguelawgroup.com/>
Twitter: @c4polaw

Election, Campaign Finance,
Political & Public Law

PRIVATE AND CONFIDENTIAL

This electronic message transmission contains information from the law firm of McTigue & McGinnis LLC which is privileged, confidential or otherwise the exclusive property of the intended recipient or McTigue & McGinnis LLC.  If you have received this electronic transmission in error, please notify us by telephone (614-263-7000), collect, or by electronic mail and promptly destroy the original transmission.

IRS Circular 230 Disclosure. To ensure compliance with requirements imposed by the IRS, please be informed that to the extent that this communication and any attachments contain any federal tax advice, such advice is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or promoting, marketing, or recommending to another person any transaction, arrangement or matter addressed herein.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130517/ed212621/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 649 bytes
Desc: image003.png
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20130517/ed212621/attachment.png>