Ohio’s prohibition on foreign money in state ballot measure campaigns may take effect for now, a federal appellate court ruled on Tuesday.
In its short order, the 6th Circuit Court of Appeals placed an administrative stay on a preliminary injunction issued by the U.S. District Court for the Southern District of Ohio Eastern Division last month. That ruling barred the law (HB 1) from taking effect in time for the 2024 general election.
“To provide sufficient opportunity to consider the merits of the motion, we conclude that a brief administrative stay is warranted,” Tuesday’s order reads. “Accordingly, the district court’s order is hereby temporarily STAYED until October 8, 2024.”
Approved by lawmakers earlier this year, HB 1 stipulates that foreign nationals are directly and indirectly prohibited from making “a contribution, expenditure, or independent expenditure in support of or opposition to a statewide ballot issue or question, regardless of whether the ballot issue or question has yet been certified to appear on the ballot.” The legislation further barred foreign money from being given to political parties, candidates, or campaigns — all of which are prohibited from “knowingly” accepting such funds.
The law was passed with the purpose of warding off interference by foreign actors such as Hansjörg Wyss, a Swiss national whose Berger Action Fund has gifted hundreds of millions of dollars to left-wing dark money groups such as the Sixteen Thirty Fund, as noted in an Americans for Public Trust April report. Last year, the latter organization dumped more than $11
