Sixth Circuit Upholds Ohio Ban on Political Contributions by Green Card Holders

Federal political action committees (PACs) must review whether they have accepted contributions from green card holders before making contributions in Ohio following a recent federal court decision. Last year, Ohio enacted a law barring foreign nationals from making contributions or expenditures in connection with elections for state and local offices and ballot measures. The law also prohibits PACs from using any funds known to be received from a foreign national to influence an Ohio election or ballot measure.¹

Although federal law prohibits the use of funds from foreign nationals in connection with any federal, state or local election,² the Federal Election Commission (FEC) has held that the federal ban does not apply to ballot measures.³ Consequently, many states have recently enacted laws prohibiting foreign persons from making contributions or expenditures to influence ballot measures.

Ohio’s law is unique as it applies more broadly than its counterparts. Unlike the federal statute, Ohio’s law prohibits contributions and expenditures by green card holders (also referred to as “lawful permanent residents”). Last year, a group challenged Ohio’s ban, arguing it was unconstitutional as it applied to green card holders. The plaintiffs were initially successful in blocking its enforcement. In September, however, the U.S. Court of Appeals for the Sixth Circuit handed a victory to the state and affirmed that Ohio may enforce the law as it is written.⁴

The decision reintroduces compliance challenges for federal PACs that are active in Ohio. Ohio has long permitted federal PACs registered with the FEC to contribute to state candidate committees and PACs.⁵ Following the Sixth Circuit’s decision, a federal corporate PAC that accepts funds from green card holders could now face criminal penalties if it contributes to non-federal candidates or PACs in Ohio. Any person who knowingly violates Ohio’s foreign national prohibition is guilty of a misdemeanor for a first offense and a felony for a second or subsequent offense. Violations also trigger a fine of three times the amount involved in the violation or $10,000, whichever is greater.

To avoid a violation, a federal PAC must confirm whether it has received any contributions from green card holders before it makes a contribution or expenditure in connection with an Ohio non-federal election. If a PAC has received one or more contributions from green card holders, it may be required to refund or segregate those funds to comply with Ohio’s broad foreign national ban. The Ohio Secretary of State’s office has not yet issued formal guidance for federal PACs to comply with the law.

The Akin Political Law Team will continue to monitor these developments and is available to advise on compliance issues for impacted PACs and other donors.

1 Ohio Revised Code § 3517.121.

2 52 U.S.C. § 30121.

3 See Statement of Reasons of Chair Broussard, Fed. Election Comm’n, MUR 7512, 7523 (November 2, 2021), https://www.fec.gov/files/legal/murs/7523/7523_28.pdf.

4 OPAWL—Building APPI Feminist Leadership et al. v. Yost et al., No. 24-3768, (6th Cir. 2025), available at https://www.opn.ca6.uscourts.gov/opinions.pdf/25a0257p-06.pdf.

5 Please note that a federal PAC must register with the Ohio Secretary of State before contributing to a non-federal candidate or PAC in Ohio.