Judge blocks Ohio law banning foreign nationals' donations to ballot campaigns
U.S. District Judge Michael Watson wrote Saturday that while the government has an interest in preventing foreign influence on state ballot issues, the law as written falls short of that goal and instead harms the First Amendment rights of lawful permanent residents.
Republican Gov. Mike DeWine signed the measure June 2, and it was to have taken effect Sunday. A prominent Democratic law firm filed suit — saying noncitizens would be threatened with investigation, criminal prosecution, and mandatory fines — if they even indicate they intend to engage in any election-related spending or contributions.
Watson said lawful permanent residents can serve in the military and, depending on age, must register for selective service. Thus, the judge said, it would be “absurd” to allow or compel such people “to fight and die for this country” while barring them “from making incidental expenditures for a yard-sign that expresses a view on state or local politics.”
“Where is the danger of people beholden to foreign interests higher than in the U.S. military? Nowhere," he wrote. "So, if the U.S. Federal Government trusts (such residents) to put U.S. interests first in the military (of all places), how could this Court hold that it does not trust them to promote U.S. interests in their political spending? It cannot.”
Not only is the speech of lawful resident foreign nationals constitutionally protected, but so is the right of U.S. citizens "to hear those foreign nationals’ political speech,” Watson said. Seeking a narrow solution without changing the statute from the bench, he said he was barring officials from pursuing civil or criminal liability for alleged violations of Ohio law based on the definition of a “foreign national.”
Statehouse Republicans championed the ban after voters decisively rejected their positions on ballot measures last year, including protecting abortion access in the state Constitution, turning back a bid to make it harder to pass future constitutional amendments, and legalizing recreational marijuana. Political committees involved in the former two efforts took money from entities that had received donations from Swiss billionaire Hansjorg Wyss. However, any direct path from Wyss to the Ohio campaigns is untraceable under campaign finance laws left unaddressed in the Ohio law. Wyss lives in Wyoming.
John Fortney, a spokesperson for Republican Ohio Senate President Matt Huffman, argued that the filing of the lawsuit proves that Democrats are reliant on the donations of wealthy foreign nationals and accused the progressive left of an "un-American sellout to foreign influence.”
A decision to include green card holders in the ban was made on the House floor, against the advice of the chamber’s No. 3 Republican, state Rep. Bill Seitz, a Cincinnati attorney. Seitz cited a U.S. Supreme Court opinion suggesting that extending such prohibitions to green card holders “would raise substantial questions” of constitutionality.
The suit was filed on behalf of OPAWL – Building AAPI Feminist Leadership, the Northeast Ohio Coalition for the Homeless, a German citizen and her husband who live in Cleveland and a Canadian citizen who lives in Silver Lake, a suburb of Kent. OPAWL is an organization of Asian, Asian American and Pacific Islander women and nonbinary people in Ohio. The lawsuit also argued that the law violated the 14th Amendment rights of the plaintiffs, but the judge said he wasn't addressing their equal protection arguments since they were likely to prevail on the First Amendment arguments.