COLUMBUS, Ohio — Early voting is underway, and a ruling by a Federal Appeals Court could put extra scrutiny on the ballot initiative that every Ohioan will be asked at the polls.

The Sixth Circuit Court of Appeals ruled in favor of an Ohio law that bans foreign contributions to statewide ballot issues in a 2-to-1 ruling. The lawsuit is ongoing, and it was a preliminary ruling. 


What You Need To Know

  • The hearing comes after a bill introduced by Gov. Mike DeWine

  • Some say it violates the law of residents

  • Citizens Not Politicians said it doesn't impact their group

"It's technically preliminary," said Jonathan Entin, a professor of emeritus at Case Western Reserve University. "It still means that this law is on the books and enforceable right now, even though there will be more legal proceedings down the road." 

The hearing stems from a bill that was signed into law earlier this year by Gov. Mike DeWine. Opponents of the legislation challenged the bill saying it violated the rights of lawful permanent residents, but the Federal Appeals Court ruled that’s not the case.

Legal expert Atiba Ellis told Spectrum News the new ruling as it stands at the moment would give Ohio Attorney General Dave Yost full authority to enforce it. 

"The Attorney General has the power to enforce the law," said Ellis who is also a professor of law at Case Western Reserve University. "And certainly is in the position now to answer complaints raised under the law in terms of whether foreign contributions are being made to any groups that are advocating for issues that are currently on the ballot." 

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

Meanwhile, Entin believes there could be a small penalty which could be anything from a fine to jail time.

"If you are a lawful permanent resident and you really want to contribute, you have to think about the possibility that you will suffer a legal penalty," Entin said. "And with this preliminary ruling from the Sixth Circuit Court of Appeals, it's going to be really hard for you to argue that you have a First Amendment right to make the contribution." 

According to Open Secrets, a nonprofit that tracks and publishes data catered to campaign finance and lobbying, an organization called "The Sixteen Thirty Fund" contributed in campaign funds of more than $6 million to Citizens Not Politicians. This organization is based in Washington, D.C. and has several donors, including one who is allegedly from Switzerland.

However, Chris Davey, who is the spokesperson of Citizens Not Politicians, has continued to say that his group has not accepted any money from foreign entities. Davey told Spectrum News the ruling has no impact on their campaign to end gerrymandering in Ohio due to them not accepting foreign contributions. 

"The lawsuit doesn't impact us," Davey said."We're not really following it. We're not involved in the lawsuit, and it doesn't affect our nonpartisan grassroots campaign because we haven't accepted any foreign donations from any source, and we never would."