Wisconsin Watch partners with Gigafact to produce fact briefs — bite-sized fact checks of trending claims. Read our methodology to learn how we check claims.
Yes.
Federal law prohibits a foreign national — someone who is not a U.S. citizen and not lawfully a permanent resident — from making contributions in connection with any federal, state or local election.
But there’s a loophole.
Foreign nationals can donate money to social welfare organizations, also known as 501(c)(4) groups. Those nonprofits, such as the NRA and an arm of Planned Parenthood, can contribute to super PACs.
A super PAC can spend unlimited sums to advocate for or against political candidates.
Federal Election Commission chair Sean Cooksey told the U.S. House Administration Committee that the loophole is legal, as long as a foreign national donor doesn’t direct the nonprofit to channel money to a super PAC.
Republican Rep. Bryan Steil, who represents southeast Wisconsin, introduced a bill in July 2023 to restrict foreign nationals’ contributions to 501(c)(4) groups. The House of Representatives has not voted on the measure.
This fact brief is responsive to conversations such as this one.
Sources
Federal Election Commission: Foreign nationals
U.S. Code: Voting and Elections
Internal Revenue Service: Social Welfare Organizations
Nonprofit Law Blog: 501(c)(4) Social Welfare Organizations
Planned Parenthood: Donor FAQ
charitynavigator.org: NRA
Open Secrets: Super PACs
Committee on House Administration: Chairman Bryan Steil Q&A at the Full Committee Hearing on FEC Oversight
U.S. Congress: All Actions: H.R.4563 — 118th Congress (2023-2024) All Information (Except Text)
U.S. Congress: H.R. 4563
Republish our articles for free, online or in print, under a Creative Commons license.
