Judge blocks Ohio law banning foreign nationals from donating to ballot campaigns

[BumRushDaShow]

Source: AP

Updated 3:07 PM EDT, September 1, 2024


COLUMBUS, Ohio (AP) — A federal judge has blocked a new law banning foreign nationals and green card holders from contributing to state ballot campaigns in Ohio on the grounds that it curtails constitutionally protected free speech rights.

U.S. District Judge Judge Michael Watson wrote Saturday that while the government has an interest in preventing foreign influence on state ballot issues, the law as written falls short of that goal and instead harms the first amendment rights of lawful permanent residents.

Republican Gov. Mike DeWine signed the measure June 2 and it was to have taken effect Sunday. A prominent Democratic law firm filed suit saying noncitizens would be threatened with investigation, criminal prosecution, and mandatory fines if they even indicate they intend to engage in any election-related spending or contributions.

Watson said lawful permanent residents can serve in the military and, depending on age, must register for selective service. Thus, the judge said, it would be “absurd” to allow or compel such people “to fight and die for this country” while barring them “from making incidental expenditures for a yard-sign that expresses a view on state or local politics.”

Read more: https://apnews.com/article/foreign-nationals-donation-ban-lawsuit-ohio-ac96507a856b50ac41994f26131d900e

[rzemanfl]

1. Appointed by Dubyah. n/t

[OnDoutside]

2. So if a Russian billionaire was living in Ohio, he could pump

money into Republican ballot initiatives ?

[Eugene]

3. In theory, yes, but wouldn't that be redundant?

Our domestic billionaire aspiring oligarchs are already doing this kind of damage.
The Ohio law goes too far and targets the wrong people.

[OnDoutside]

15. But the domestic billionaire is a citizen (as horrible as they may be) ?

I just think it's odd that a non citizen can vote in a US election (and I say that as a non American)

[Eugene]

17. Non-citizens can't vote. That's not the issue at hand.

Lawful permanent residents are allowed to contribute to and participate in political campaigns.
They can't register to vote. Those who have voted (even by mistake) have been prosecuted.

Aside from that, political campaigns are not allowed to solicit or accept any material
aid from foreign states, organizations or nationals.

The law went too far to infringe on lawful permanent residents' rights to engage
issues that affect them.

[OnDoutside]

19. No, I know they can't vote but they shouldn't be allowed

to contribute to a campaign either, or at least I don't see the logic in them being allowed do so.

[mwooldri]

5. If said billionaire was legally in US ...

.... then under the law as is, yes.
Said Russian billionaire couldn't vote if billionaire wasn't naturalized. But could contribute money.

Money is speech according to the imperial supreme court....

In my eyes the bill could have targeted things more tightly. Permanent residents should be able to donate a bit of cash, buy a yard sign, maybe volunteer. Non permanent foreign nationals maybe a bit tightly restricted.

Foreign billionaires shouldn't be able to pump millions into elections.

[republianmushroom]

8. That Russian billionaire does need to donate, via himself.

there still is the NRA. The Russian's proxy.

[kansasobama]

14. Is this person a green card holder?

If yes, he can contribute. But, I bet, Trump's Russian friends are on a special visa, not green card holders.

[OnDoutside]

16. Isn't it odd though ?

That a non citizen can have any connection with what is a political process after all ? I guess what's more surprising is that Magas aren't up in arms about it !

[kansasobama]

18. That is the truth

I thought everyone is an illegal immigrant.😀

[OnDoutside]

20. Apart from Native Americans that is !!!

[dickthegrouch]

6. Money most certainly enables speech

If I fund a campaign I am enabling that campaign to speak for me.
That should be allowed within local or State jurisdictions for those that live there. Even Undocumented residents should be able to have someone speak on their behalf, even if their cause is unpopular.
Ever since the egregious influx of money for Proposition 8 in 2008 in California, which caused same sex marriage to be banned for several more years, by meddling Catholics and Mormons, I have been VERY suspicious of even out of State money. I refuse on principal to give any money either to external campaigns or candidates.
Unfortunately Act Blue doesn't allow me to say so, and they give my number to every campaign in the country.

[FakeNoose]

7. So the US government is protecting the "free speech" of people who aren't US citizens?

What a way to bend over backwards for the Repuke Party, Judge Michael Watson!

[ancianita]

9. Citizens United, a SCOTUS ruling, allows this dark money. And so across the country, foreign nationals

Last edited Sun Sep 1, 2024, 09:10 PM - Edit history (1)

enjoy the rights of "money as speech" in elections.

foreign national
(8) Foreign national The term “foreign national” means— (A) an alien; or (B) any corporation, trust, partnership, or other juridical entity not organized under the laws of the United States, or of any State, the District of Columbia, or any commonwealth, territory, or possession of the United States.

https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=22-USC-1902136450-1922073807&term_occur=999&term_src=title:22:chapter:69A:section:6023

That's why one of the first acts of the 119th Democratic majority congress should be not just to #1, expand SCOTUS to 13, but to pass a sweeping election finance law that eliminates "money as speech" and "corporations as people" along banning all anonymous dark money SuperPACs or any other entity that allows foreign national anonymity in donations. It should also set strict penalties for foreign nationals indirect involvement in any election.
Then it will end up before the new 13 justice court and will be upheld as law.

It will take months after we win, but it's why we're fighting to win in the next 65 days.

[reACTIONary]

10. The People includes non-citizens....

Courts have held “the people” of the First and Fourth Amendments to include noncitizens, even including illegal aliens inside the country.105 However, even these rights can be limited in ways that would be unconstitutional if applied to citizens.106 The Constitution grants wide latitude to the political branches in regulating the conduct of noncitizens.107 For instance, “Congress has the authority to make laws governing the conduct of aliens that would be unconstitutional if made to apply to citizens.”108 In both the First and Fourth Amendment contexts, this can result in curtailed rights.109 The Supreme Court has established that all the freedoms of the First Amendment apply to aliens inside U.S. borders110: “[O]nce an alien lawfully enters and resides in this country he becomes invested with the rights guaranteed by the Constitution to all people within our borders. Such rights include those protected by the First [Amendment] . . . .”111

[reACTIONary]

11. Immigration Law Panel Debates "Who Has the Right to Free Speech?"

https://www.lawschool.cornell.edu/news/immigration-law-panel-debates-who-has-the-right-to-free-speech/

[mwb970]

12. The "government" of Ohio is a joke.

It is basically a Boys' Club where republican jerks and aholes can run wild. This is what gerrymandering, lying and cheating does to a state that used to be great.

[kansasobama]

13. I have a counter view

Non citizen green card holders should be allowed to contribute. What should be prevented is a non green card holder. Green card holders are future citizens. Many green card holders are committed to US interests.