FEC regulations and Dem org membership eligibility
Amy Madden
The 43rd Democrats Bylaws Committee has been discussing FEC regulations related to allowing U.S. citizens or lawful permanent residents to become voting members of our organization. The exact language that the committee voted to approve, thus far, is: ““Member” means and includes any individual who (a) at the age of 16 or above; (b) resides within the 43rd Legislative District; (c) declares themselves to be a Democrat; and (d) has paid applicable dues or is a PCO or is a Precinct Coordinator.” Our current bylaws limit membership to people who are registered to vote or are eligible to register within two years.
A concern has been raised about 52 U.S. Code § 30121 (“Contributions and donations by foreign nationals,” https://www.law.cornell.edu/uscode/text/52/30121). The concern is that if we open up eligibility for membership in this way, we increase the risk of either being seen as or even accidentally violating FEC regulations by soliciting or accepting membership dues (or anything else of material value) from foreign nationals. A few of our committee members also believe that limiting membership to registered voters and those eligible to register within two years might offer us greater protection from targeting by the Glen Morgans of the world.
I’m including Julie Anne Kempf and Martin Chaney on this email not only for your parliamentary expertise, but because you are Chairs of other LDs within King County whose bylaws appear to allow membership of people like green card holders and those who’ve not yet had their voting rights restored due to a felony conviction. For reference:
46th LD Dems bylaws: "...any other resident of the 46th Legislative District who declares himself or herself to be a Democrat may become a voting member upon receipt of a membership application."
5th LD bylaws: "District residents who are at least fourteen (14) years of age who declare themselves to be Democrats and pay dues to this organization."
Do you believe the language the committee voted to approve might put our org at greater risk of the stated concerns? Also, do you think adding this language would help reduce risk: “is a U.S. citizen or permanent resident aged 16 years old or older”? Or should we consider using Seattle’s Democracy Voucher program language, which states that eligibility is open to people who are “..either a U.S. citizen, U.S. national, or lawful permanent resident ("green card holder")”?
Thank you for your time! The 43rd will be voting on these bylaws this Tuesday evening, and the bylaws committee are trying to finish a recommendation before 5pm tonight.
Western WA Vice Chair, Economic Justice Caucus of the WA State Democrats
Amy Madden
From: <david.mcd...@gmail.com>
Date: Mon, Feb 18, 2019 at 10:22 AM
Subject: RE: FEC regulations and Dem org membership eligibility
To: Amy Madden <amye...@gmail.com>
Cc: Julie Anne Kempf <ju...@kempf.com>, Martin Chaney <mar...@chaney.org>, Annabelle Backman <abackm...@gmail.com>, <43rd-...@googlegroups.com>, <43rd_...@googlegroups.com>
Hi Amy,
Before I respond, please note my changed email address. In anticipation of new security procedures at my law firm I am separating my political mail from my lawfirm only mail and have created a new email address: David.mcd...@gmail.com. Please use it though the klgates.com address will continue to accept mail. It’s just that by this summer I expect there will be a high risk the mail will be caught up in various review procedures and response slowed down markedly.
In terms of the substantive question you asked: First, does the 43rd currently registers and files with the Federal Election Commission. Because of aggregation of thresholds I believe LD organizations are discouraged by the State Party from making any contributions directly to federal candidates. Unless the 43rd is registering with and filing with the FEC, whether its membership complies with FEC regulations and US statutes relating to contributions to candidates for federal office is likely a moot question. Second, while I will check with compliance counsel on your question, I doubt there is a high risk. As you may recall, Tom Perez nominated a Dreamer to the DNC as one of the 75 at large members of the National Committee and his nominations were elected. So we do not appear to have an FEC related concern at the National Party relating to whether our members are US citizens or authorized residents. Third, if opening membership in the 43rd to residents of the state who declare themselves to be Democrats (without regard to citizenship or voter registration status) is a problem then the State Party has had the problem for more than 40 years since Article I.B of the Charter provides that the Democratic Party “shall be composed of:…4. All residents of the State of Washington who are willing to support the principles and goals of the Democratic Party as expressed in the Charter and wish to be known as Democrats.”
I’ll double check with the State Party’s FEC compliance counsel but may not have an answer from them by Tuesday (I believe it is a law firm based in Virginia). However, I do not think the language currently being discussed creates a greater risk.
From: McDonald, David <david.m...@klgates.com>
Sent: Monday, February 18, 2019 9:57 AM
To: david.mcd...@gmail.com
Subject: FW: FEC regulations and Dem org membership eligibility
This electronic message contains information from the law firm of K&L Gates LLP. The contents may be privileged and confidential and are intended for the use of the intended addressee(s) only. If you are not an intended addressee, note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this e-mail in error, please contact me at david.m...@klgates.com.-5
Amy Madden
From: Julie Anne Kempf <ju...@kempf.com>
Date: Mon, Feb 18, 2019 at 5:37 PM
Subject: Re: FEC regulations and Dem org membership eligibility
To: Martin Chaney <mar...@chaney.org>
Cc: Amy Madden <amye...@gmail.com>, McDonald, David <david.m...@klgates.com>, 43rd District Democrats Rules and Bylaws Committee <43rd-...@googlegroups.com>, Annabelle Backman <abackm...@gmail.com>, 43rd District Democrats Executive Board <43rd_...@googlegroups.com>
Amy et. al.
This issue has never been raised in the 5th LD. Following State Party advice, we have never made contributions to federal candidates and have never been particularly concerned with FEC regulations. I do see, however, that the cited FEC regulation asserts that it applies to State and local elections.
I don’t see anything in the cited FEC regulation to suggest that an age limitation on membership would accomplish anything.
My reading of the cited definition of “foreign national” is that it excludes lawfully admitted permanent residents as well as non-citizen US nationals. The Seattle Democracy Voucher wording seems to capture the nuances fairly succinctly.
Martin Chaney
---
From: Amy Madden <amye...@gmail.com>
Sent: Monday, February 18, 2019 7:49 AM
To: McDonald, David <david.m...@klgates.com>; Julie Anne Kempf <ju...@kempf.com>; Martin Chaney <mar...@chaney.org>; 43rd District Democrats Rules and Bylaws Committee <43rd-...@googlegroups.com>; Annabelle Backman <abackm...@gmail.com>
Cc: 43rd District Democrats Executive Board <43rd_...@googlegroups.com>
Subject: FEC regulations and Dem org membership eligibility
Hi David, Julie Anne, and Martin,
Amy Madden
Hi Amy,
Before I respond, please note my changed email address. In anticipation of new security procedures at my law firm I am separating my political mail from my lawfirm only mail and have created a new email address: David.mcd...@gmail.com. Please use it though the klgates.com address will continue to accept mail. It’s just that by this summer I expect there will be a high risk the mail will be caught up in various review procedures and response slowed down markedly.
In terms of the substantive question you asked: First, does the 43rd currently registers and files with the Federal Election Commission. Because of aggregation of thresholds I believe LD organizations are discouraged by the State Party from making any contributions directly to federal candidates. Unless the 43rd is registering with and filing with the FEC, whether its membership complies with FEC regulations and US statutes relating to contributions to candidates for federal office is likely a moot question. Second, while I will check with compliance counsel on your question, I doubt there is a high risk. As you may recall, Tom Perez nominated a Dreamer to the DNC as one of the 75 at large members of the National Committee and his nominations were elected. So we do not appear to have an FEC related concern at the National Party relating to whether our members are US citizens or authorized residents. Third, if opening membership in the 43rd to residents of the state who declare themselves to be Democrats (without regard to citizenship or voter registration status) is a problem then the State Party has had the problem for more than 40 years since Article I.B of the Charter provides that the Democratic Party “shall be composed of:…4. All residents of the State of Washington who are willing to support the principles and goals of the Democratic Party as expressed in the Charter and wish to be known as Democrats.”
I’ll double check with the State Party’s FEC compliance counsel but may not have an answer from them by Tuesday (I believe it is a law firm based in Virginia). However, I do not think the language currently being discussed creates a greater risk.
From: McDonald, David <david.m...@klgates.com>
Sent: Monday, February 18, 2019 9:57 AM
To: david.mcd...@gmail.com
Subject: FW: FEC regulations and Dem org membership eligibility
From: Amy Madden [mailto:amye...@gmail.com]
Sent: Monday, February 18, 2019 7:49 AM
To: McDonald, David; Julie Anne Kempf; Martin Chaney; 43rd District Democrats Rules and Bylaws Committee; Annabelle Backman
Cc: 43rd District Democrats Executive Board
Subject: FEC regulations and Dem org membership eligibility
Hi David, Julie Anne, and Martin,
This electronic message contains information from the law firm of K&L Gates LLP. The contents may be privileged and confidential and are intended for the use of the intended addressee(s) only. If you are not an intended addressee, note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this e-mail in error, please contact me at david.m...@klgates.com.-5
Annabelle Backman
From: <david.mcd...@gmail.com>
Date: Tue, Feb 19, 2019 at 10:23 AM
Subject: RE: FEC regulations and Dem org membership eligibility
To: Amy Madden <amye...@gmail.com>
CC: Julie Anne Kempf <ju...@kempf.com>, Martin Chaney <mar...@chaney.org>, Annabelle Backman <abackm...@gmail.com>, 43rd District Democrats Rules and Bylaws Committee <43rd-...@googlegroups.com>
Digging into this a bit further with Heather Hess, allowing a foreign national to be a member of an organization does not in and of itself constitute a problem but accepting a contribution (knowingly) or actively soliciting a contribution from a foreign national is deemed by the FEC and the PDC to be a violation of federal law whether or not the organization is involved with federal election campaigns. Accordingly, while the language proposed in the 43rd does not itself create any additional risk, there may be some advantage to using the language from the Seattle Democracy Vouchers (‘either a U.S. citizen, U.S. national, or lawful permanent resident ("green card holder")’) to minimize the chance of inadvertently accepting or soliciting a contribution from a foreign national and to bolster (if necessary) an argument that the receipt was in fact unintended.