Sixth Circuit Upholds Ohio Law Banning Foreign Contributions to Ballot Campaigns

Ohio’s ban on foreign contributions to ballot campaigns upheld by Sixth Circuit Court, marking a significant victory for election integrity.

At a Glance

Sixth Circuit Court of Appeals upholds Ohio’s ban on foreign donations to ballot campaigns with a 2-1 decision
Law prohibits contributions from non-citizens, including green card holders, to statewide ballot initiatives
Court rules the law does not violate First Amendment rights
Legislation was prompted by significant foreign funding influencing recent Ohio ballot campaigns
Ruling allows Ohio to enforce stricter standards than federal definitions of “foreign national”

Court Upholds Ohio’s Election Integrity Measure

In a decisive 2-1 ruling, the Sixth Circuit Court of Appeals has upheld Ohio’s ban on foreign contributions to ballot campaigns. The law, passed by Republican state lawmakers and signed by Governor Mike DeWine, prohibits non-citizens, including green card holders, from making political donations to statewide ballot initiatives. This legislation aims to safeguard Ohio’s democratic processes from outside influence and maintain the integrity of its elections.

The court’s decision overturns an initial ruling that temporarily halted the ban due to concerns about potential First Amendment violations. Ohio Attorney General Dave Yost and Secretary of State Frank LaRose successfully appealed this initial decision, arguing for the state’s compelling interest in preventing foreign interference in domestic governance.

Protecting Ohio’s Self-Governance

The majority opinion, penned by Judge Amul Thapar, emphasized the importance of preserving the integrity of Ohio’s electoral process. The ruling stated that extending the ban to all non-citizens, including lawful permanent residents, is the most effective means of preventing foreign influence in elections.

“If the goal is to prevent foreign influence, extending the ban to all non-citizens (including lawful permanent residents) is the most effective means of advancing that goal,” Sixth Circuit Court of Appeals Judge Amul Thapar wrote in the majority’s decision.

This decision aligns with previous Supreme Court precedents that allow states to exclude non-citizens from certain governmental processes. The court referenced these precedents, noting, “The exclusion of aliens from basic governmental processes is not a deficiency in the democratic system but a necessary consequence of the community’s process of self-definition.”

#ELB: “Sixth Circuit Allows Enforcement of Ohio Law Barring Foreign Expenditures on Ballot Initiatives” https://t.co/fQjnQtyiss

— Rick Hasen (@rickhasen) October 8, 2024

Implications and Concerns

While the ruling has been hailed as a victory for election integrity, it has also raised concerns about its potential impact on nonprofit organizations and U.S. citizens affiliated with lawful permanent residents. The dissenting opinion, written by Judge Stephanie Dawkins Davis, argued that the ban may unconstitutionally restrict the speech rights of lawful permanent residents.

However, supporters of the law maintain that it is a necessary measure to protect Ohio’s political landscape from undue foreign influence. The legislation was prompted by significant foreign funding that had influenced recent Ohio ballot campaigns, including contributions from a Swiss billionaire-funded nonprofit that supported an abortion rights amendment.

Moving Forward

As Ohio prepares to enforce this law, campaigns that already do not accept foreign contributions will remain unaffected. Chris Davey, a spokesman for Citizens Not Politicians, stated, “This ruling has no impact on our campaign to end gerrymandering in Ohio because our campaign has not and will not accept any contributions from foreign nationals, with or without HB1. That was already the law in Ohio.”

The ruling allows Ohio to set stricter standards than federal definitions of “foreign national,” granting the state more control over its electoral processes. As the debate over foreign influence in domestic politics continues, this decision stands as a significant precedent in the ongoing effort to protect the integrity of state-level democratic processes.