A federal judge has issued a preliminary injunction that allows noncitizens to contribute to election-related measures. The judge blocked an Ohio law that was set to take effect on Sept. 1, ruling that it violates the U.S. Constitution’s First Amendment.
Ohio legislators had passed a law prohibiting foreign nationals from spending money on ballot campaigns, which was an extension of a law that already barred them from contributing to political candidates. Nonprofits and individuals, including noncitizens, filed a lawsuit to prevent the law from being enforced.
The plaintiffs argued that the law violated their First Amendment rights and could hinder discussions on ballot issues. U.S. District Judge Michael Watson sided with the plaintiffs and entered an injunction on Aug. 31, temporarily halting the law.
The judge highlighted that lawful permanent residents, who are foreign-born individuals legally residing in the U.S., pay taxes and can serve in the military. He emphasized that if the federal government trusts these residents to prioritize U.S. interests in the military, then they should also be trusted to promote U.S. interests through their political spending.
The ruling prevents Ohio officials from enforcing the law against anyone contributing money to ballot measures, including foreign nationals temporarily residing in the country. Ohio Attorney General Dave Yost expressed disagreement with the ruling, stating that the court should have imposed a more limited injunction.
The lead plaintiff, OPAWL–Building AAPI Feminist Leadership, did not provide a comment on the ruling. The plaintiffs also argued that the law violated their 14th Amendment rights, but the judge did not address this aspect as he found the First Amendment arguments to be more likely to succeed.
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