A federal judge has temporarily blocked an Ohio law that would have barred foreign nationals and lawful permanent residents, such as green card holders, from contributing to state ballot campaigns. The judge ruled that the law, which was set to take effect on Sunday, likely violates constitutional protections of free speech.
In his ruling, U.S. District Judge Michael Watson emphasized that while the state has a legitimate interest in preventing foreign interference in its electoral process, the law, as drafted, overly restricts the First Amendment rights of lawful permanent residents. Watson noted that these individuals, who can serve in the U.S. military and are required to register for selective service, should not be barred from engaging in political expression through campaign contributions.
The law was signed by Republican Governor Mike DeWine on June 2, following a contentious political climate in Ohio where several high-profile ballot initiatives, including those related to abortion rights and marijuana legalization, were funded by entities linked to foreign donors. Republican lawmakers, frustrated by the outcomes of these initiatives, pushed for the ban as a way to curb what they perceived as undue foreign influence.
However, the law faced immediate legal challenges, with a prominent Democratic law firm arguing that it threatened noncitizens with investigations, criminal prosecution, and mandatory fines merely for expressing an intent to participate in campaign financing. The lawsuit was filed on behalf of several organizations, including OPAWL – Building AAPI Feminist Leadership, and individual plaintiffs who argued that the law infringed on their constitutional rights.
Judge Watson’s ruling went further, stating that not only are the free speech rights of lawful residents protected, but so too are the rights of U.S. citizens to hear and engage with the political views of these residents. He questioned the logic of allowing lawful residents to fight and die for the country while simultaneously restricting their ability to participate in the political process.
The judge also criticized the law’s inclusion of green card holders in the ban, noting that this provision was added late in the legislative process and against the advice of some Republican lawmakers who warned that it could face constitutional challenges.
The lawsuit also raised concerns about the law’s potential violation of the 14th Amendment’s equal protection clause, though Judge Watson did not rule on these arguments, as he found the plaintiffs were likely to succeed on their First Amendment claims.
Statehouse Republicans, who had championed the law, argued that the legal challenge revealed a reliance on foreign contributions by their political opponents. They asserted that the law was necessary to protect the integrity of Ohio’s ballot initiatives, especially in light of recent campaigns that had received funding from foreign-linked sources.
As the legal battle continues, the temporary block on the law allows foreign nationals and lawful permanent residents to continue contributing to Ohio’s ballot campaigns, pending further court proceedings.