Where foreign money ban stands in the Ohio Statehouse

COLUMBUS, Ohio (WCMH) -- Millions of dollars are being spent on campaigns as election day grows closer and a new law to put restrictions on who can donate is in flux right now.

The law to create a foreign national and green card holder contribution ban to issue campaigns, like the Issue 1 in November, was recently enacted but quickly taken to court. Last month, a federal judge put it on hold. That judge took issue with the green card portion, which was a last-minute addition on the House floor.

Watch: Legal battle over issue campaign contributions

“Representative Seitz, I like I call him the legendary Bill Seitz, was adamant, among others, about not putting the green card language into the foreign money bill,” Speaker of the Ohio House Jason Stephens (R-Kitts Hill) said. “When the Democrats voted not to table the amendment, I was hoping that maybe some people would figure out that there's a reason they were doing that.”

The decision to hit pause on the law was appealed, and now it is in effect, until Oct. 8 at least. Secretary of State Frank LaRose said his office is ready to begin “immediate enforcement.”

“I think we have the right to say, ‘no, you're not a U.S. citizen,’ but green card holders, we know based upon previous court decisions, have a different status," Ohio Gov. Mike DeWine said. "They have a special status, and they certainly have certain rights."

Now, DeWine is calling for a new law to be passed at the statehouse, without the green card portion. DeWine believes that the law should be on the books and dealing with it legislatively would accomplish that goal much more quickly than waiting for things to play out in the courts.

“The concern is the people who are not U.S. citizens and they're sending money in here to influence an election,” DeWine said. “If you look at the problem that the legislature was trying to deal with, by exempting out green card holders, you can probably still get at most of the problem.”

“I think there's pretty much universal support for keeping foreign money out of elections," Stephens said. "It's how it's done and making sure that it's done and will be effective, is really the challenge."

Democrats and Republicans at the statehouse agree on the premise that foreign money should be kept out of Ohio elections. They do not, however, agree about the law that is being debated in the courts right now. Those opposing the law said it is vague and the fines and penalties in it will have a “chilling effect” to organizers who want to put something on the ballot.

“I really think it's important when we pass things in the legislature that it really has an impact and an effect as opposed to ‘oh that felt good’ or ‘we showed them,’ and then the court kick it out a month or two later,” Stephens said.

Stephens said passing another bill is not out of the picture. In fact, there are still several bills in the statehouse that get at the issue, without the portion prohibiting green-card holders, who are lawful permanent residents, from participating in election donations.

“There are still some bills that are in committee that could be addressed. I think on this kind of an issue, the less said the more powerful it is,” Stephens said. “If we were able to come to that to an agreement there, I think it’d be great.”

The legislature is not scheduled to be back to session until November, so that is the earliest to expect a legislative fix.