An Ohio law that prohibited foreign nationals and holders of green cards from contributing to state ballot campaigns has been blocked by a federal judge on constitutional grounds.
U.S. District Judge Michael Watson ruled on August 31 that the law went too far when it stopped foreign voters from voting on state ballot questions. While the government has a legitimate interest in curbing foreign influence in elections, he wrote, the Ohio law did not achieve that goal while at the same time taking away first amendment speech rights from those living lawfully and permanently in the U.S.
The ruling is only a temporary injunction as a lawsuit testing the statute makes its way through the justice system.
The bill would have taken effect the same day if the court had not overruled it. Ohio Governor Mike DeWine signed the bill in June, which banned most donations to in-state political campaigns by foreigners. One of the major sticking points in passing the legislation was its inclusion of those who hold “green cards.” These are foreign residents who are allowed to live and work in the U.S. permanently, even if they are not full citizens.
Democrats objected that the ban was too restrictive and chilled the political speech of legal residents in the country. One firm representing the Democrats filed suit against the state, claiming the bill will put non-citizens at risk of being criminally prosecuted, threatened, or fined for making political donations.
Judge Watson seemed to agree. In his opinion, he noted that permanent lawful residents have to sign up for the draft and are eligible to serve in the military. Given this, he wrote, it was “absurd” to allow or require foreign residents to serve in the armed forces and die for the United States while at the same time banning them from making “incidental expenditures” on political campaigns, such as making a donation and getting a lawn sign to support a ballot measure.
Watson went further, declaring that the right to free speech under the U.S. Constitution protects the speech of lawful permanent residents, but also violates the right of U.S. citizens to hear the political speech of foreign nationals.
