Lawmakers can donate to foreign candidates, says campaign regulator

Members of Congress can donate to the campaigns of candidates running for office in a foreign country, the Federal Election Commission (FEC) said on Friday.

The commission voted 5-1 in favor of that opinion, which was issued after an inquiry from Rep. Maxine Waters (D-Calif.). Steven Walther, a Democratic commissioner and former FEC chairman, dissented. 

{mosads}Waters had asked the FEC whether she could transfer money from her campaign account to a candidate running in Haiti’s election. 

In considering the question, the FEC argued that it should be permissible, because it is legal for a federal candidate to transfer funds from his or her campaign to a state or local campaign committee, or to someone running for election in a territory such as Puerto Rico. 

The Federal Election Campaign Act allows candidates to use money from their campaign accounts for many election-related purposes, so long as it is not designated for personal use.

Additionally, a member or candidate can use funds from a leadership PAC to support a candidate running for office in a foreign country, the FEC decided in the advisory opinion. 

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Lawmakers typically use leadership PACs to curry favor with colleagues and party leaders.

In her request, dated July 1, Waters did not say which candidate in Haiti she would like to support. 

The country attempted to hold an election on Aug. 9, its first parliamentary elections in three years. After violence surrounding the polls led to low voter turnout, a repeat election is scheduled for later this fall.