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HB 2106

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2025 Regular Session Introduced by Otto Wachsmann

HB 2106 bans contributions and expenditures from foreign nationals and out-of-state persons for Kansas constitutional amendment campaigns and adds strict reporting, affidavits, and

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Bill Summary · HB 2106

Summary — HB 2106 (Kansas)

Title: Banning contributions from foreign nationals for the support or defeat of a proposed amendment to the Kansas constitution

Purpose

HB 2106 tightens Kansas campaign finance rules for activities that promote or oppose amendments to the Kansas Constitution by (1) banning contributions and expenditures from foreign nationals (and, as amended, from out‑of‑state persons) for those constitutional amendment campaigns, and (2) adding new reporting and certification requirements intended to document compliance.

Key provisions

  • Prohibition
    • No person may directly or indirectly accept any contribution or expenditure from a “foreign national” or an “out‑of‑state person” for activity promoting or opposing a constitutional amendment in Kansas.
  • Reporting and certification (adds to continuing law under K.S.A. 25‑4180)
    • Annual reporting to the Secretary of State of individual and in‑kind contributions and expenditures exceeding $50 for the prior calendar year; annual reports must be filed by February 15.
    • Each filer must certify they have not knowingly accepted contributions/expenditures from foreign nationals/out‑of‑state persons and that each listed donor is not a foreign national/out‑of‑state person and has not knowingly accepted such funds in the aggregate exceeding $100,000 during the four years prior to the donor’s contribution.
    • Every recipient of more than $500 from another person must obtain an affidavit that none of those funds came from a foreign national.
    • Independent expenditures: within 48 hours of making an independent expenditure for a constitutional amendment activity, the spender must certify to the Governmental Ethics Commission (GEC) that they have not accepted over $100,000 (aggregate, past 4 years) from foreign nationals/out‑of‑state persons and will not accept such funds for the rest of the calendar year in which the issue is on the ballot.
    • Preliminary reports 15 days prior to any election on a constitutional amendment and supplemental reports within 15 days after the election (continuing law).
  • Enforcement and remedies
    • The Kansas Attorney General (AG) may prosecute violations; any person may file a complaint with the AG alleging a violation.
    • In civil actions brought by the GEC or AG, courts may issue injunctive relief and award statutory damages up to twice the amount of the prohibited contribution or expenditure.
  • Definitions
    • “Foreign national” broadly defined (non‑U.S. citizen or non‑lawful permanent resident individuals; foreign governments; foreign political parties; entities organized or principally located in foreign countries; U.S. entities wholly/majority‑owned by foreign nationals, with narrow exceptions if funds are entirely from U.S. operations and decisions made by U.S. citizens/permanent residents).
    • “Out‑of‑state person” defined as any non‑Kansas resident individual or entity organized, domiciled, or with principal place of business in another state.
  • Severability clause included in committee amendment.

Who is affected

  • Any person, committee, organization, or entity that accepts money/property to promote or oppose constitutional amendments in Kansas.
  • Donors (must provide certifications/affidavits when required).
  • U.S. entities that are wholly/majority‑owned by foreign nationals (subject to the ownership and source‑of‑funds exceptions).
  • Government agencies: Secretary of State (reporting/receipt), Governmental Ethics Commission (certification receipt/enforcement), and Attorney General (prosecution/enforcement).

Fiscal and administrative impacts

  • Attorney General: estimates potential increased litigation costs exceeding $1.0 million and anticipates hiring outside counsel.
  • Governmental Ethics Commission: minimal fiscal effect; will need to amend/create electronic forms—can be handled within existing resources.
  • Secretary of State: indicates no fiscal effect.
  • Any fiscal effect was not reflected in the FY 2026 Governor’s Budget Report.

Timeline and procedural status

  • Introduced/Filed: January 27, 2025 (prefiled Jan 13, 2025)
  • Committee hearings: Feb 2025; committee amendments added definitions and provisions (including out‑of‑state persons).
  • Passed Legislature: mid‑March 2025 (various committee actions and floor votes reported).
  • Enrolled and presented to Governor: March 21, 2025.
  • Will become law without Governor’s signature: April 10, 2025.
  • Effective: upon publication in the statute book (per the act’s standard effective clause).

Note: HB 2106 amends and replaces existing K.S.A. 25‑4180 reporting provisions; existing civil penalties for late reports ($10 per day, max $300) and criminal penalties for intentional failure to file remain part of the statutory framework.

Compiled from official sources — confirm details with the bill’s official record.

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