An Ohio law prohibiting the use and acceptance of foreign money in state ballot initiative campaigns can take effect for the 2024 election, a federal appellate court ruled Tuesday.
Writing on behalf of the 6th Circuit Court of Appeals, Judge Amul Thapar granted an emergency request by Ohio Secretary of State Frank LaRose and Attorney General David Yost to place a stay on an August district court injunction that prevented the law from being enacted. The district judge overseeing the case argued the statute’s definition of “foreign nationals” is “likely unconstitutional,” adding these individuals “have political speech rights” covered by the First Amendment.
The appellate court issued a temporary stay on that injunction last month while it considered the merits of the case.
“Because our initial review suggests that the district court’s First Amendment analysis was flawed, we now grant Ohio’s motion for a stay of the district court’s order,” Thapar wrote.
Thapar was joined in his majority opinion by Judge David McKeague. The dissent was authored by Judge Stephanie Davis.
Approved by lawmakers earlier this year, HB 1 stipulates that foreign nationals are 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 bill 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
