TOPEKA – A Kansas law that prohibits the use of foreign money in state constitutional amendment campaigns took effect July 1, thanks to a federal court win by Kansas Attorney General Kris Kobach.
U.S. District Court Judge Daniel Crabtree blocked a request from Kansans for Constitutional Freedom for a preliminary injunction to stop the state from implementing the ban on foreign money flowing into political campaigns. The law will be a lynchpin in the opposition to Kansas’ upcoming 2026 constitutional amendment vote in August 2026 that aims to change the current governor’s appointment of Kansas Supreme Court Justices to direct elections in a statewide vote.
KCF led efforts to defeat a 2022 constitutional amendment that would have declared no right to abortion exists in the Kansas Constitution. The group had argued that the law, House Bill 2106, violates free speech, association rights, and due process protections under the U.S. Constitution.
House Bill 2106 prohibits individuals and groups from accepting foreign contributions or donations from entities that have themselves accepted foreign money to promote or oppose proposed amendments to the Kansas Constitution. It also imposes new certification and reporting requirements for those engaged in such political activities.
KCF, renown in Kansas for its “dark money” funding sources tied in networks of “non-partisan” non-profits, contended the law was designed to silence their political advocacy and unfairly targets groups like theirs that opposed the 2022 anti-abortion amendment. They also argued the law is overly broad, vague, and lacks clear protections for those who unknowingly violate it.
However, Judge Crabtree sided with the state, ruling that the law likely survives constitutional scrutiny. He found Kansas has a ìcompelling interestî in preventing foreign interference in democratic processes and concluded the law appears to be narrowly tailored to achieve that goal.
“The state has the right to limit foreign influence over fundamental decisions, such as amendments to its constitution,” Crabtree wrote in the ruling. He also dismissed concerns about vagueness, overreach, and intent requirements, noting that existing Kansas law provides sufficient safeguards.
KCF and the dark money gang pushing Kansas policy Left
The decision means Kansas officials, including Kobach and the Kansas Governmental Ethics Commission, can move forward with enforcing the new restrictions as the 2025 ballot season begins.
“Judge Crabtree’s opinion is well reasoned and thorough,” Kobach said in response to the ruyling. “The Kansas Legislature acted constitutionally when it addressed the specific problem of foreign nationals funneling money into referendum campaigns on Kansas constitutional amendments.” He said the people of Kansas have the right to decide such questions without foreign influence.
“Foreign nationals should not be influencing Kansas elections, period. This is a win for Kansas,” the attorney general said.
In his ruling, Crabtree writes that Kansans for Constitutional Freedom is likely to lose its constitutional challenge to the new law. KCF has not yet indicated whether it will appeal the ruling.
Dane Hicks is a graduate of the University of Missouri School of Journalism and the United States Marine Corps Officer Candidate School at Quantico, VA. He is the author of novels "The Skinning Tree" and "A Whisper For Help." As publisher of the Anderson County Review in Garnett, KS., he is a recipient of the Kansas Press Association's Boyd Community Service Award as well as more than 60 awards for excellence in news, editorial and photography.
