Appeals court: Ohio can ban green card holders from donating to ballot campaigns

Ohio can ban foreign nationals and green card holders from donating to ballot campaigns , a divided federal appeals court panel ruled Tuesday.

In a 2-1 decision, the majority ruled that Ohio's law banning political donations from foreign nationals and lawful permanent residents, also called green card holders, did not violate their First Amendment rights. They reinstated a law briefly put on hold by a federal court judge .

"If the goal is to prevent foreign influence, extending the ban to all non-citizens (including lawful permanent residents) is the most effective means of advancing that goal," wrote Sixth Circuit Court of Appeals Judge Amul Thapar in a decision joined by U.S. Circuit Judge David McKeague.

Ohio's GOP-controlled Legislature passed these changes in a bill that adjusted the deadline for presidential candidates to make the ballot. Republicans expressed concerns about donations to a 2023 abortion rights amendment and opposition to an August 2023 measure that would have made amending the state Constitution harder.

The initial judge had ruled that Ohio's law went too far by including lawful permanent residents in its ban. But the two-judge majority disagreed.

"By definition, lawful permanent residents are not American citizens. Therefore, we have no trouble concluding that Ohio has a compelling interest in preventing foreign influence in its elections and that Ohio’s interest extends to preventing independent expenditures by non-citizens," wrote Thapar, who was appointed by former President Donald Trump.

Judge Stephanie Dawkins Davis dissented, writing that lawful permanent residents have First Amendment rights and this Ohio law violates them.

She also expressed concern for nonprofits and unions that might face an investigation if they don't probe the citizenship status of every donor. In contrast, foreign-owned American corporations can contribute to campaigns because of a U.S. Supreme Court decision called Citizens United.

"Ohio offers no clear answer to how these organizations, which sometimes have less than one percent of their contributions come from foreign interest, pose any greater threat to Ohio elections than corporations with more than one to five percent of their ownership composed of foreign interest," Davis wrote.

Under the new law, Ohio Attorney General Dave Yost would investigate cases of illegal foreign donations.

"The court has spoken, and this office will do its duty to enforce the law," Yost said. "Ohioans do not want foreign interference in their elections.”

President Joe Biden appointed Davis to the Sixth Circuit and former President George W. Bush appointed McKeague.

Read the decision here:

Ohio ban on foreign nationals donations by Jessie Balmert on Scribd

Jessie Balmert covers state government and politics for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

This article originally appeared on Cincinnati Enquirer: Appeals court: Ohio can ban green card holders from donating to ballot campaigns