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      AO 2011-15: Naturalized citizen as presidential candidate

FEC Record: Advisory opinionsAO 2011-15: Naturalized citizen as presidential candidateSeptember 13, 2011 A naturalized citizen is not prohibited by the Federal Election Campaign Act (the Act) from becoming a “candidate” as defined under the Act. However, a naturalized citizen is not eligible to receive Federal matching funds under the Presidential Primary Matching Payment Account Act    (the Matching Payment Act). The individual will not violate the Act’s prohibition against “fraudulent misrepresentation” if he solicits and receives contributions for his presidential campaign. However, he must comply with the Act’s provisions regarding
    expenditures, contributions, recordkeeping and reporting. **Background** Abdul Karim Hassan is a naturalized U.S. citizen who announced his Presidential candidacy in March 2008 on his website. He has used his website to communicate to voters and purchased web advertisements regarding his candidacy. Mr. Hassan indicated
        that he satisfies all of the constitutional requirements for serving as President, except the natural born citizen requirement in Article II, Section 1, Clause 5 of the U.S. Constitution. Mr. Hassan sought the Commission’s opinion on several questions revolving around the impact of his status as a naturalized citizen and the Act’s definition of candidate. **Analysis** Mr. Hassan asked first if he would be considered a “candidate” or “person” under the Act’s definitions of those terms. The Act defines “candidate” as “an individual who seeks nomination for election, or election, to Federal office.” An individual
        becomes a candidate for purposes of the Act when he or she receives contributions or makes expenditures aggregating in excess of $5,000. 2 U.S.C. § 431(2); 11 CFR 100.3. The Act and FEC regulations do not address a candidate’s citizenship or any other qualifications for office. As a result, the above definition of candidate does not turn on whether the individual in question is a natural born citizen or a naturalized
    citizen, as long as the person meets the other criteria for the Act’s definition of candidate. In regard to the definition of “person,” the Act defines that term as including “an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons,” excluding the Federal Government. There
    is no reference to natural born or naturalized citizens. 2 U.S.C. § 431(11); 11 CFR 100.10. As an individual, Mr. Hassan is a “person” under the Act. Mr. Hassan also inquired about his eligibility to receive presidential matching funds. Although the Matching Payment Act does not specifically address citizenship requirements for serving as President, it sets forth the eligibility requirements to receive
    primary matching funds. 26 U.S.C. § 9033; 11 CFR 9033.2. As the agency charged under the Matching Payment Act with administering the matching funds program, the Commission has some discretion when certifying eligibility for matching funds. A clear
    and self-avowed constitutional ineligibility for office is an instance where the Commission may choose to withhold matching funds even if the Act’s formal eligibility criteria are satisfied. Thus, because Mr. Hassan has clearly stated that he is a
    naturalized citizen and not a natural born citizen under the Constitutional requirement for holding the office of President, the Commission concluded that Mr. Hassan is not eligible to receive matching funds. In regard to the Act’s prohibition at 2 U.S.C. § 441h(b) against fraudulent misrepresentation, the Commission concluded that Mr. Hassan would not violate this provision if he solicits and receives contributions for his presidential campaign. Although
    Mr. Hassan is a naturalized citizen, nothing in the Act requires a candidate to be eligible for the office he or she seeks. Moreover, Mr. Hassan does not intend to falsely represent or solicit funds for a campaign that is not his own. Finally, Mr. Hassan must comply with the Act’s provisions regarding expenditures, contributions, recordkeeping, and reporting. Once Mr. Hassan has received more than $5,000 in contributions, or made more than $5,000 in expenditures, he will become a “candidate”
    under the Act and therefore subject to the statutes and regulations applicable to all candidates. 2 U.S.C. § 431(2); 11 CFR 100.3. Date issued: September 2, 2011; Length: 6 pages  **Resources:** Advisory opinion 2011-15 [PDF; 6 pages]
    Commission's consideration of AOR 2011-15
    *Candidate Registration* (brochure)
    U.S. Constitution
 Author
          Dorothy YeagerSr. Communications Specialist


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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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