The Kansas Public Disclosure Commission, formerly the governmental ethics commission, reviewed and approved paperwork on Aug. 27, 2025, at a meeting to enforce a 2025 law banning foreign contributions supporting or opposing a constitutional amendment. (Anna Kaminski/Kansas Reflector)
TOPEKA — Kansas officials brought clarity to a new law that bans financial contributions from foreign nationals to campaigns for or against state constitutional amendments, a law at the center of an ongoing lawsuit.
The case in federal court has stagnated while parties waited for the Kansas Public Disclosure Commission, formerly known as the governmental ethics commission, to straighten out details of the law.
A Wednesday meeting was one of the first times commissioners were able to publicly weigh the law’s framework and craft rules for enforcement. Now, it’s up to a judge whether the court case will continue.
In a motion to dismiss the case filed June 16, the defendants, who include commission members and staff, argued that the lawsuit was premature.
“Premature federal intervention would usurp the Commission’s delegated authority under the Kansas Campaign Finance Act, raise substantial federalism concerns, and require this Court to interpret a state campaign finance statute in the first instance, despite the Kansas Legislature’s express delegation of that authority to the Commission,” a June court filing said.
The law, which was passed as House Bill 2106 during the 2025 legislative session, went into effect July 1. It targets organizations that accept financial contributions from foreign donors. The advocacy organization that brought the suit, Kansans for Constitutional Freedom, attempted to block the law without success. Leaders of the organization have advocated against constitutional amendments in the past, namely the 2022 amendment allowing lawmakers to ban abortion, and have said they intend to do so in the future.
The commission unanimously approved details such as paperwork establishing expenditure reporting requirements and a 48-hour window for reporting those expenditures.
Tess Ramirez, a commissioner, attorney and advocate, said during the meeting that requiring paper copies of expenditure reports within 48 hours was “unreasonable.” She urged offering a digital option, which would be up to the Kansas Secretary of State’s Office to create.
The lawsuit has not seen any activity since June 30, when Judge Daniel Crabtree denied Kansans for Constitutional Freedom’s request for a preliminary injunction, which would have prevented the law from going into effect. Attorneys gave notice in July of the commission’s intention to discuss the law at an upcoming meeting.
The lawsuit named nine members of the commission; the commission’s executive director, Wade Wiebe; and Kansas Attorney General Kris Kobach, who can bring criminal charges under the law against anyone who violates its provisions. The commission can bring civil action against anyone who violates the law.
It was one of a handful of laws the Legislature passed this year that fall under the commission’s purview. One law increased campaign contribution limits for certain elected offices, House Bill 2054. Another loosened rules for state officials accepting free or specially discounted tickets to entertainment, sporting events or recreational activities, House Bill 2060.
As the commission’s responsibility grows and its budget tightens, staffing issues have proved to be roadblocks to progress. The Legislature implemented 1.5% cuts to all state departments’ operating budgets for fiscal years 2026 and 2027.
The commission’s general counsel position has been empty for five months. A general counsel is an in-house attorney offering key legal advice to a board or commission. The position is currently listed as offering an $82,000 annual salary for full-time, in-person work, but commissioners recognized something needed to change. Without a general counsel, the commission cannot conduct hearings or fully authorize opinions.
The vacancy has stalled business, said Nick Hale, chairman of the commission.
Two attorneys from the Kansas Attorney General’s Office are filling in while the search continues. In recent months, no more than four candidates have applied for the position, said Wiebe, who took over the role as executive director earlier this year.
Commissioners unanimously approved Wednesday to update the job listing to include an annual salary range up to $90,000 and a hybrid option allowing for one remote work day. Commissioners acknowledged the ceiling may have to rise to $100,000.
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