U.S. District Judge Michael Watson has issued a block on an Ohio law that was scheduled to go into effect on September 1st, ruling that the law violates the First Amendment of the U.S. Constitution.
The law, signed by Ohio Governor Mike DeWine earlier this year, prohibits foreign nationals from contributing money to ballot campaigns. Nonprofits and individuals, including noncitizens, filed a lawsuit in an attempt to prevent the law from being implemented.
The plaintiffs argued that the law infringed upon their rights under the First Amendment. They stated in their request for a preliminary injunction that unless stopped, the law would “broadly chill discussion of ballot issues and impede the fundamental right to advocate collectively.” They also expressed concerns about facing criminal penalties for associating with noncitizens.
Ohio officials defended the law as a legitimate exercise of state authority. However, Judge Watson sided with the plaintiffs on August 31st and issued an injunction while allowing the case to proceed.
In his ruling, Judge Watson highlighted that lawful permanent residents who were born in another country but are legally residing in the United States pay taxes and can serve in the military. He questioned why there would be any greater danger of foreign influence among this group when they are trusted by the federal government to prioritize U.S. interests while serving in uniform.
The judge’s decision blocks provisions of Ohio’s law related to political spending, preventing officials from enforcing it against anyone contributing money for ballot measures. This includes foreign nationals temporarily residing in America, despite acknowledging Ohio’s authority to impose restrictions on this category. The broad injunction was issued because Judge Watson did not want to rewrite parts of the legislation.
Ohio Attorney General Dave Yost expressed disagreement with this outcome and believed that a more limited injunction should have been imposed instead. Yost emphasized Ohio’s interest in limiting foreign nationals’ participation in democratic self-government processes but maintained his belief that no constitutional violations occurred.
OPAWL–Building AAPI Feminist Leadership, as lead plaintiff, did not provide comment regarding this development.