In a record-setting year for campaign finance laws, Kansas, Kentucky, and Wyoming have passed legislation restricting foreign contributions to ballot measure campaigns, Ballotpedia News reports.
These states join nine others—California, Colorado, Maine, Maryland, Nevada, North Dakota, Ohio, South Dakota, and Washington—in prohibiting foreign nationals, governments, and entities from funding ballot measure committees.
With these new laws, 2025 marks the most active year to date for states enacting such restrictions. Previously, no more than one state had passed similar legislation in a single year. Indiana could soon join the list, as a bill approved by its legislature on April 3 awaits the governor’s decision.
Though 12 states now have laws restricting foreign contributions to ballot measure campaigns, the specifics vary:
Definitions of “foreign national”: Most states follow federal guidelines, defining foreign nationals as non-citizens without lawful permanent residence, foreign governments and political parties, and businesses based in foreign countries. However, states like Maine and South Dakota limit restrictions only to foreign governments and government-affiliated entities.
Direct vs. Indirect Contributions: Some states prohibit only direct donations, while others also ban indirect contributions—funding a third party that later donates to a ballot measure committee. This issue gained attention after Ohio’s 2024 House Bill 1, which highlighted concerns about foreign funds influencing ballot measures through intermediary organizations.
Kansas House Bill 2106 (HB 2106)
Kansas’ new law requires ballot measure committees to certify that they have not knowingly received direct or indirect contributions from foreign nationals. It also mandates that donors affirm they have not accepted more than $100,000 from foreign sources in the past four years before contributing.
The bill passed the Senate with unanimous support from both parties, while Democrats in the House were divided, voting 11-25 on February 14. Governor Laura Kelly allowed the bill to become law without her signature, expressing concerns that it could unintentionally limit contributions from Kansas businesses with foreign financial connections.
Kentucky House Bill 45 (HB 45)
Kentucky’s law prohibits foreign nationals from making or influencing contributions to ballot measure campaigns, directly or indirectly. It uses a definition similar to Kansas’ bill, covering individuals, foreign governments, political parties, and foreign-owned entities.
The bill passed with Republican support, while all Senate Democrats opposed it. In the House, some Democrats supported the bill, though most voted against it. Governor Andy Beshear (D) signed it into law on March 24.
Wyoming House Bill 337 (HB 337)
Wyoming’s law specifically targets indirect foreign contributions, preventing foreign entities from funding third-party groups that then donate to ballot measure campaigns. It adopts the federal definition of “foreign national” but excludes non-citizen US nationals from territories like American Samoa.
HB 337 passed with broad bipartisan support, though two lawmakers—Rep. Bob Nicholas (R-7) and Rep. Liz Storer (D-23)—opposed it.
The Legal Landscape
The US Supreme Court has ruled that foreign nationals cannot contribute to candidate campaigns under the Federal Elections Campaign Act (FECA). However, ballot measure campaigns are different because they focus on issues rather than electing individuals. In the 1978 case First National Bank of Boston v. Bellotti, the Court stated that spending on ballot measures is a form of issue advocacy, similar to lobbying.
As a result, federal law does not regulate foreign contributions to ballot measure campaigns, leaving it up to states to set their own restrictions.
As of April 8, 2025, Ballotpedia’s Election Administration Legislation Tracker is monitoring 68 bills related to foreign contributions and campaign finance. With increasing legislative attention on this issue, more states may follow Kansas, Kentucky, and Wyoming in passing similar laws this year.
