As noted in our prior update, Ohio Gov. Mike DeWine signed H.B. 1 into law on June 2, 2024. H.B. 1 enacted a ban on foreign nationals making or being solicited for political contributions, defining foreign nationals to include lawful permanent residents (i.e., green card holders residing in the U.S.). Such individuals are not deemed to be foreign nationals under the federal election law’s foreign national ban.
This expanded definition may have implications for, among others, federal political action committees (PACs) seeking to contribute in Ohio elections. Ohio has not issued any guidance on the potential application of this law to federal PACs. While the law has been challenged in federal court, it has not been enjoined and is scheduled to take effect on September 1, 2024.
Please contact us with any questions or to discuss the application of H.B. 1 to federal PACs, as well as possible arguments.
This memorandum is provided by Skadden, Arps, Slate, Meagher & Flom LLP and its affiliates for educational and informational purposes only and is not intended and should not be construed as legal advice. This memorandum is considered advertising under applicable state laws.