Should foreign money play a part in Kansas constitutional amendment referendums?
Kansas progressive nonprofit files lawsuit to allow foreign nationals to make contributions in constitutional referendums next year
In March the Kansas legislature passed House Bill 2106 for “banning contributions from foreign nationals for the support or defeat of a proposed amendment to the Kansas constitution.”
This new law will impact two constitutional amendments on Kansans’ ballots in 2026:
Amendment for Elections for Supreme Court Justices. SCR 1611 gives details of proposed amendment to elect Kansas supreme court justices and abolish the supreme court nominating commission.
Amendment Requiring Citizenship for Voting. HCR 5004 gives details of proposed amendment requiring citizenship to vote. [Kansas led the nation in requiring citizen verification to vote in 2013-2018 until struck down by federal courts as an “unconstitutional burden” on voters.]
The nonprofit Kansans for Constitutional Freedom is already promoting voting in these referendums next year.
But not so fast …
The constitutionality of HB 2106 is under attack.
Ten days ago Kansans for Constitutional Freedom filed a lawsuit against Kansas Attorney General Kris Kobach and the Kansas Governmental Ethics Commission to block enforcement of HB 2106 and allow contributions from foreign nationals to impact changes to the Kansas constitution.
KCF wants a remedy for what they claim are “clear constitutional violations” in HB 2106. KCF has stopped accepting ActBlue donations on their website.
Complaint paragraph 84 shows what KCF does not like in HR 2106:
KCF is worried about large donors who “are unable or unwilling to make the required certification” they are US citizens?
Complaint paragraph 194 seems to suggest KCF has already accepted funds from foreign nationals, including during the 2022 Value Them Both referendum.
See background information about Kansans for Constitutional Freedom in this July 20, 2022 Watchdog Lab article, “‘Dark Money’ details for "Vote No" on Value Them Both Constitutional Amendment.” In particular, note the Kansans for Constitutional Freedom partners:
KCF’s last corporation filing with the Kansas Secretary of State shows officers which include Micah Kubic, Executive Director of ACLU-Kansas and Emily Wales, President and CEO of Planned Parenthood Great Plains.
Last Wednesday Kansans for Constitutional Freedom pushed for an immediate preliminary injunction of HB 2016 in a separate court filing “to protect against severe, imminent and irreparable harm.”
Value Them Both Referendum in 2022
The Value Them Both Kansas constitutional referendum in 2022 was crushed 59% to 41% by huge amounts of money mostly from out-of-state nonprofits, including “dark money” sources.
A review of Receipts and Expenditures Reports for 2021 and 2022 filed with the Kansas Governmental Ethics Commission showed Kansans for Constitutional Freedom raised and spent over $11 million for the Aug. 2022 referendum.
About 3100 itemized contributions to KCF were recorded in 2021 and 2022 that totaled about $10.8 million.
Another $206,000 was raised from over 4100 undisclosed contributors of $50 or less. The US House has been investigating large numbers of small donations as a possible source of foreign interference in elections.
Kansas only contributed 17%
Kansas donors only gave about 17% of the itemized total, while New York and DC donors combined contributed about 60%.
The table below show numbers and amounts of contributions for the top 9 states (including DC) to the itemized total.
Part of New York’s huge total was due to a $1.25 million contribution from billionaire Michael Bloomberg.
A $1.1 million contribution by Stacy Schusterman from Oklahoma is the only reason that state ranked 4th.
The Kansas contributions were roughly split between the largest eight non-profit organizations (see details below) and 1458 individual contributions.
The largest Kansas individual contributor was Dianne Shumaker from Overland Park, who gave $50,000.
“Unknown” state
The #10 state would have been “unknown” since there were 114 contributions without “information requested” as the address that totaled $48,618. One of these 114 contributions without an address was for $25,000.
Contributions from foreign addresses
Eight contributions were given against VTB from foreign addresses that totaled $983. Countries included Canada (3), United Kingdom (3), Sweden (1) and Hong Kong (1). It’s not known if these contributions were from US citizens, but these contributions were not really the focus of HB 2106.
“Dark Money” and nonprofits
Since Value Them Both was promoting a Culture of Life, it’s not surprising Planned Parenthood organizations and allies gave over $2.5 million to oppose VTB. Other progressive nonprofits, and especially the ACLU, joined with Planned Parenthood.
Two of the funds managed by the “dark money” Arabella Advisors gave over $2 million to oppose VTB. The Sixteen Thirty Fund gave $1.5 million while the North Fund added another half million.
Foreign nationals and concern with “dark money” in HB 2106
Swiss billionaire businessman Hansjörg Wyss is one of the known funders of Arabella Advisors’ funds, including the Sixteen Thirty Fund.
A document from Americans for Public Trust, Foreign Influence in US Elections, shows Planned Parenthood is one of the key groups backed by Wyss.
Wyss’ Berger Action Fund nonprofit gave $35 million to Sixteen Thirty in 2022 and 2023 according to their most recent IRS 990 filing.
So complaint paragraph 194 shown above is most likely about the Hansjörg Wyss connections to Arabella Advisors Sixteen Thirty Fund.
PBS reported about “out-of-state money flowing to Ohio” in 2023. The PBS reporting mentioned the Hansjörg Wyss connection to the Sixteen Thirty Fund and the $5.3 million to support abortion in Ohio from Sixteen Thirty.
Data details
Here are details that breakout the donations by organization from the summary above:
Mostly consistent Kansas and IRS 990 reporting
There is a lot of consistency between the Kansas reports and the IRS 990s, except several Kansas nonprofits did not report on their IRS 990 tax filings information they reported to the State of Kansas.
Kansas nonprofits not reporting grants to Kansans for Constitutional Freedom in their IRS 990 filings include:
Trust Women Foundation
Trust Us Justice Fund
Kansas Values Institute
American Civil Liberties Union Foundation of Kansas
Consistent Kansas and FEC reporting
The one “super PAC” reported consistent information to both the State of Kansas and the FEC.
George Soros connection?
George Soros’ Open Society Policy Center directly contributed $250,000 to KCF.
Indirect connections are difficult to assess, but Soros’ nonprofits are known to give grants to several of the donors listed above:
Sixteen Thirty Fund. From 2016 to 2023 Soros’ nonprofits have given Sixteen Thirty 66 grants that totaled almost $86 million.
NorthFund received $1.5 million in three grants from Soros’ nonprofits.
Rockefeller Family Advisors have received over $36 million in 46 grants from Soros’ nonprofits.
Trust Women and Kansas Values Institute have received funding from Arabella Funds that receive grants from Soros’ nonprofits.
More lawfare
The plaintiff’s attorneys in this case, Irigonegary and Revenaugh and the Elias Law Group, are the same as in the recent case trying to allow ballots to be counted a week after an election.
Related
Marc Elias’s Firm Sues Kansas To Let Foreign Donors Influence Ballot Measures, Chuck Ross, Washington Free Beacon, May 20, 2025.
Mysterious Swiss Billionaire Spent $800 Million Bankrolling Left Wing Causes, States Say No More, Floyd Buford, Daily Caller, April 22, 2025.
A report from election watchdog Americans for Public Trust (APT) reveals that Wyss created two nonprofits—the Wyss Foundation and the Berger Action Fund — which have funneled close to $500 million into a vast network of Democratic-aligned dark money groups. Much of this funding has gone to organizations managed by Arabella Advisors, the “mothership” of left-wing dark money.
Abortion rights supporters far outraise opponents, out-of-state money flowing to Ohio, PBS News, Oct. 27, 2023.
The largest donations backing the amendment since Sept. 8 came from out-of-state groups, including three gifts totaling $5.3 million from the progressive Sixteen Thirty Fund, based in Washington, D.C. The Sixteen Thirty Fund counts among its funders Hansjörg Wyss, a Swiss billionaire who has given the group more than $200 million since 2016.
Disclosure
Attorney General Kris Kobach appointed me to the Kansas Governmental Ethics Commission in March 2024.
Analysis and views expressed in Watchdog Lab articles are my own and in no way reflect the Kansas Governmental Ethics Commission. I speak for myself as a private citizen on this substack.
Should foreign money play a part in Kansas… Great question!
Wondering if you mean JUST this pac or do you mean all over KS?? Is it just PAC's? Or would this apply to all elections & races? Should the GOP give back out of state "dark money"??
Will the GOP give back out of state dark money???