‘Ohio has a compelling interest in preventing foreign influence in its elections,’ Judge Amul Thapar said.
A federal appeals court on Oct. 8 enabled Ohio to enforce a law that bans foreigners from spending on ballot campaigns, reversing a ruling from a lower court.
The law does not violate the U.S. Constitution’s First Amendment because it is targeting a compelling interest and is narrowly tailored, a majority of a U.S. Court of Appeals for the Sixth Circuit panel ruled.
Under U.S. Supreme Court precedent, states have broad authority to protect elections from the influence of noncitizens, U.S. Circuit Judge Amul Thapar said for the majority.
“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 noncitizens,” he wrote.The law was signed this year and was set to take effect on Sept. 1 before U.S. District Judge Michael Watson blocked it. He highlighted how lawful permanent residents have legitimate legal status, pay taxes, and can serve in the military, and said the law is likely unconstitutional because it groups lawful permanent residents with other foreign