by JD Davidson
Ohio’s ban on supporting statewide campaigns with foreign funds returns after being suspended with a delay of almost a month.
The 6th U.S. Circuit Court of Appeals lifted a federal trial court stay issued in slow August that allowed the state to enforce a ban enacted in May by the Republican-majority Legislature as part of a plan to ensure President Joe Biden will be on the ballot in Ohio in November .
“This is a victory for Ohioans who believe our elections should not be decided by foreign billionaires trying to take control of our state’s constitution,” said Secretary of State Frank LaRose. “I am grateful that the court allowed the bill to go into effect while we continue to litigate this case. We will continue to fight to ensure that Ohio’s law is upheld on appeal, and my office stands ready to begin enforcing it immediately.”
Ohio already prohibits contributions from noncitizens to candidates or candidate committees. Additionally, Ohio voters two years ago passed a constitutional amendment that limits voter registration and voting to U.S. citizens who are legal Ohio residents.
The recent law applies to ballot initiatives.
The original bill passed in the House did not include a prohibition on lawful constant residents from paying dues. However, Republican lawmakers added the provision as an amendment over objections from other Republicans.
In ordering the original stay, U.S. District Court Judge Michael Watson found that the proposed ban on the apply of foreign funds in amendment campaigns violates the First Amendment rights of non-U.S. citizens living in the country legally.
His ruling said that if legal constant residents can serve in the military, they should be able to make political contributions.
“If the US federal government trusts the LPR [lawful permanent residents] put U.S. interests first in the military (of all places), how could the Court say it didn’t trust them to promote U.S. interests in their political spending? It cannot,” Watson wrote.
The same act extended the deadline for political parties to nominate a person for president in the current election year. This then allowed Democrats to nominate Biden without a virtual roll call.
Biden later withdrew from the race, and Democrats nominated Vice President Kamala Harris in a virtual roll-call vote ahead of the party’s August convention.
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JD Davidson is regional editor at Central Square.
