A newly enacted Kansas law, effective July, aims to block foreign financial influence in state politics—particularly when it comes to proposed constitutional amendments.
Backed by top Republican leaders, House Bill 2106 (HB 2106) prohibits foreign individuals or entities from funding efforts to support or oppose Kansas constitutional ballot measures.
Background: Foreign Donations Spark Legislative Action
The push for this legislation began after a $1.6 million donation opposing the 2022 abortion amendment in Kansas was traced back to a Swiss billionaire.
This sparked concern among lawmakers, including Representative Pat Proctor, who emphasized that Kansas voters—not foreign billionaires—should decide local elections.
“This is just a backdoor way for foreign donors to influence Kansas elections,” said Proctor. “Non-profits that claim to be non-partisan are pulling in millions from foreign sources to shape our political landscape.”
Legislative Intent: Closing Legal Loopholes
Supporters argue that the new law closes a legal loophole that previously allowed foreign interests to funnel money into Kansas ballot campaigns through third-party organizations. Proctor stressed that the measure brings donor transparency to ballot campaigns, requiring them to disclose contributors in the same manner as traditional candidate campaigns.
Representative Ken Rahjes echoed this sentiment: “Whether it’s for City Council, School Board, or President, Kansas voters deserve to know their vote is secure, free from outside interference and misinformation.”
Legal Challenge and Free Speech Debate
Not everyone agrees with the law. Kansans for Constitutional Freedom, the group accused of accepting foreign donations in 2022, has filed a lawsuit challenging the new policy. They argue that the law is overly broad and violates First Amendment rights by restricting political advocacy.
The group contends that the law could impede public debate on critical state issues and even suppress the voices of U.S. citizens who associate with legal non-citizens.
The lawsuit notes that the restrictions extend not just to foreign nationals abroad, but also to individuals lawfully residing in the U.S., who are typically protected under the Constitution.
However, a judge denied the request for an injunction, stating the group was unlikely to succeed in overturning the law. The court acknowledged that Kansas has a compelling interest in limiting foreign influence in its elections.
With House Bill 2106 now in effect, Kansas joins a growing number of states taking steps to prevent foreign interference in domestic elections.
While legal battles may continue, lawmakers say the focus remains on protecting election integrity and ensuring that decisions on state policy come solely from Kansas voters.