Indiana has approved the most rules restricting foreign contributions to ballot measure campaigns in a single year, joining Kansas, Kentucky, and Wyoming

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Indiana has approved the most rules restricting foreign contributions to ballot measure campaigns in a single year, joining Kansas, Kentucky, and Wyoming

During the 2025 legislative sessions, four states—Indiana, Kansas, Kentucky, and Wyoming—have enacted new laws limiting foreign contributions to ballot measure campaigns. With these additions, 13 states now have legislation prohibiting foreign nationals, governments, or other entities from contributing to ballot measure committees.

California, Colorado, Indiana, Kansas, Kentucky, Maine, Maryland, Nevada, North Dakota, Ohio, South Dakota, Washington, and Wyoming are the 13 states that have such laws in place.

With four bills passed thus far, 2025 marks the highest number of states enacting laws restricting foreign contributions in a single year. In previous years, only one state passed a similar law each year.

Legal Variations

While 13 states have laws limiting foreign contributions to ballot measure campaigns, the laws differ in a number of ways, including how they define foreign nationals.

Most states use a definition similar to federal law: non-US citizens or lawful permanent residents, foreign governments and political parties, and entities organized under foreign laws or with a primary place of business in a foreign country.

Some states, such as Maine and South Dakota, limit contributions only to foreign governments or government-influenced entities, rather than foreign individuals.

The laws also differ in whether they prohibit only direct or indirect foreign contributions. A direct contribution is when you give money directly to the ballot measure committee. An indirect contribution is made by donating money to another organization, such as a nonprofit, which then transfers the funds to a ballot measure committee.

Since Ohio passed House Bill 1 in 2024, supporters of foreign contribution restriction bills have focused more on the issue of indirect contributions.

Several Ohio Republicans, including Secretary of State Frank LaRose, cited Hansjörg Wyss, a Swiss citizen who lives in Wyoming, as an example of a foreign national contributing to state ballot measure campaigns through an organization.

Wyss has contributed to the Sixteen Thirty Fund, a Washington, D.C.-based organization that has contributed at least $22.2 million to ten campaigns in 2024 supporting or opposing ballot measures on abortion, minimum wage and sick leave, ranked-choice voting (RCV), and redistricting.

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Indiana House Bill 1467

Indiana House Bill 1467 (HB1467) requires ballot measure campaign treasurers to obtain a statement from contributors stating that they are not foreign nationals and have not knowingly or willfully accepted more than $50,000 in total contributions from prohibited sources in the previous four years.

According to HB 1467, anyone making an independent expenditure of more than $5,000 in support of a ballot measure must file a report within 48 hours certifying that they have not knowingly or willfully received, solicited, or accepted more than $50,000 in contributions or expenditures from prohibited sources in the previous four years and will not do so for the remainder of the calendar year.

The bill defines foreign nationals according to 52 U.S.C. § 30121(b), which includes foreign governments, political parties, corporations, organizations, and individuals. This definition does not include non-citizen US nationals, such as those born in unincorporated territories like American Samoa.

On April 3, all Democrats and Republicans in the Senate voted in favor of the bill, with the exception of absent members. In the House, it received support from Republicans and 24 Democrats, with four Democrats voting against it. Gov. Mike Braun signed the bill on April 10.

Kansas House Bill 2106

House Bill 2106 (HB 2106) requires ballot measure campaign finance reports to include a certification stating: (1) that the committee has not knowingly accepted any contributions or expenditures—directly or indirectly—from a foreign national, and (2) that each donor listed is not a foreign national and has not knowingly received more than $100,000 in contributions or expenditures from a foreign national within the four years preceding their contribution or expenditure.

The bill defined foreign nationals as people who are not U.S. citizens or lawful permanent residents; foreign governments; foreign political parties; entities organized under foreign laws; and U.S.-based entities wholly or majority-owned by foreign nationals, with certain exceptions.

On March 13, Democrats and Republicans in the Senate voted unanimously in support of HB 2106. Republicans supported the bill in the House, while Democrats were divided 11-25 on February 14.

  • Gov. Laura Kelly allowed the bill to go into effect without her signature. She said, “I support stopping foreign influence in our elections so that Kansans can decide what’s best for Kansas. But this bill goes too far. I cannot sign a bill that takes away the ability of Kansans and Kansas businesses to support elections if they accept money from overseas for any purpose, not just those related to elections.”
  • Rep. Pat Proctor (R-11), who voted for the bill, said, “I want to know every entity that is contributing to a campaign for or against a constitutional amendment. I want to be able to tell Kansans confidently, precisely that the organizations participating in our political process, the individuals participating in our political process, are not using money from foreign nationals to further their campaigns.”

Kentucky House Bill 45

House Bill 45 (HB 45) forbids foreign nationals from making direct or indirect contributions or expenditures related to a ballot measure, soliciting others to do so, or participating in or directing another person’s decision to support or oppose a ballot measure.

The bill, like Kansas HB 2106, defined foreign nationals as people who are not U.S. citizens or lawful permanent residents, foreign governments, foreign political parties, entities organized under foreign laws, and U.S.-based entities wholly or majority-owned by foreign nationals, with some exceptions.

On March 11, Republicans in the Senate supported HB 45 and all Democrats opposed it. The bill passed the House on March 14 with Republican support, while Democrats were divided—four in favor and twelve against. Governor Andy Beshear (D) signed the bill on March 24, 2025.

Wyoming House Bill 337

House Bill 337 (HB 337) prohibits foreign donations made indirectly to ballot measure committees. This means that foreign nationals cannot provide funds to another committee, organization, or individual in order to contribute to a ballot measure committee. It defines foreign nationals according to 52 U.S.C. § 30121(b).

HB 337 was supported by the majority of Wyoming legislators, both Republicans and Democrats. Representatives Bob Nicholas (R-7) and Liz Storer (D-23) voted against the bill.

Legal Background

The Supreme Court ruled in 2012 that foreign nationals could not contribute to candidates under the Federal Elections Campaign Act (FECA). However, the affirmed ruling states that FECA “does not prohibit foreign nationals from engaging in issue advocacy.”

The campaign finance rules for ballot measures differ from those for candidate elections. “Referenda are held on issues, not candidates for public office,” stated the United States Supreme Court in 1978. The court ruled that spending on ballot measure campaigns is comparable to issue advocacy, such as lobbying, in the legislative process.

Following the court’s orders, the Federal Election Commission ruled that FECA does not regulate ballot measure campaigns. According to the FEC, because ballot measure campaigns are similar to issue advocacy, foreign individuals, corporations, and governments may contribute to them.

As of April 11, Ballotpedia’s Election Administration Legislation Tracker was tracking 68 bills pertaining to foreign contributions and campaign finance.

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Conway

Conway is a dedicated journalist covering Hopkinsville news and local happenings in Kentucky. He provides timely updates on crime, recent developments, and community events, keeping residents informed about what's happening in their neighborhoods. Conway's reporting helps raise awareness and ensures that the community stays connected to important local news.

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