We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
REEXAMINING CRIMINAL PROSECUTIONS UNDER THE FOREIGN NATIONALS BAN.
- Authors
WRIGHT, SEAN J.
- Abstract
Since the 2016 presidential election cycle, there has been renewed interest in prohibiting foreign interference in U.S. elections. Currently, federal law prohibits foreign nationals from making cont ributions or expenditures to influence federal, state, or local elections. This provision of the Federal Election Campaign. Act has survived constitutional challenge. The Department of Justice has the authority to prosecute violators of these offenses. For these reasons, the so-called foreign nationals ban should be a federal prosecutor's greatest tool to punish and deter foreign nationals and foreign governments from interfering in our elections. The provision, hoiuever, remains little-used and misunderstood. Moreover, recent developments in campaign finance law have clouded the statute's reach. As a result, foreign nationals and foreign governments are not deterred from seeking to exert, influence in U.S. elections at the federal, state, and local levels. In fact, they have become more creative in how they do so. This Article is a reflection on. the. use of the foreign nationals ban to punish criminal violations of election law. This will include reflecting on examples of prosecutions under the provision, including cases involving Chinese government-linked funds in the 1996 presidential campaign, foreign nationals funneling money into a local mayoral election, and even the efforts of a foreign national who operated adult websites to oppose a local ballot measure, intimately, the Article concludes that the federal law is unable to sufficiently punish criminal violators and deter foreign interference. In conclusion, the Article will offer suggestions for strengthening the law to root out corruption and protect our elections from foreign influence.
- Subjects
TRAVEL bans, 2017 (U.S.); UNITED States. Federal Election Campaign Act of 1971; LEGAL status of foreign agents; CITIZENS United v. Federal Election Commission; POLITICAL action committees
- Publication
Notre Dame Journal of Law, Ethics & Public Policy, 2018, Vol 32, Issue 2, p563
- ISSN
0883-3648
- Publication type
Article