Welcome to the Tuesday, March 11, Brew.
By: Briana Ryan
Here’s what’s in store for you as you start your day:
- Wyoming becomes the 10th state to ban foreign nationals from contributing to ballot measure campaigns
- On the Ballot examines school choice policies in rural America
- Here’s a roundup of state supreme court vacancy activity from February
Wyoming becomes the 10th state to ban foreign nationals from contributing to ballot measure campaigns
On March 6, Gov. Mark Gordon (R) signed House Bill 0337 (HB 337) into law, banning foreign nationals from donating directly or indirectly to ballot measure committees. As a result, Wyoming became the 10th state to enact restrictions on foreign contributions to ballot measure campaigns. You can check out the other nine states on the map below.
Most Republicans and Democrats in the Wyoming Legislature supported HB 337. Only Reps. Bob Nicholas (R) and Liz Storer (D) voted against the bill.
The Wyoming bill uses the same definition of foreign national as 52 U.S.C. § 30121(b), which is part of a federal law that bans foreign nationals from contributing in elections. The definition includes foreign governments, political parties, corporations, associations, and individuals. This definition excludes non-citizen U.S. nationals, such as people born in unincorporated territories like American Samoa. Most state bans on foreign contributions to ballot measure campaigns follow this or a similar definition. However, some states, like Maine and South Dakota, prohibit foreign governments from making contributions, but not individuals.
HB 337 also prohibits indirect foreign donations to ballot measure committees. This means foreign nationals cannot provide funds to another committee, organization, person, or entity to contribute to a ballot measure committee.
Before HB 337, Ohio was the most recent state to enact a foreign funding ban. In 2024, Ohio passed House Bill 1 (HB 1), which prohibited foreign contributions to these committees, including indirect contributions made through another person or organization.
Regarding HB 1, several Ohio Republicans, including Secretary of State Frank LaRose, said Hansjörg Wyss, a citizen of Switzerland, is an example of a foreign national contributing to state ballot measure campaigns through an organization. Wyss is a legal permanent resident living in Wyoming. He has donated to the Sixteen Thirty Fund, which contributed at least $22.2 million to 10 campaigns supporting or opposing ballot measures related to abortion, minimum wage and sick leave, ranked-choice voting (RCV), and redistricting in 2024.
According to the Federal Election Commission (FEC), federal law prohibits foreign nationals from making contributions “in connection with any federal, state or local election.” However, that does not extend to ballot measure campaigns.
That’s because the U.S. Supreme Court ruled in First National Bank of Boston v. Bellotti (1978) that “Referenda are held on issues, not candidates for public office.” Under the ruling, spending on ballot measure campaigns is considered a form of issue advocacy, such as lobbying. In 2012, the court affirmed a lower court’s ruling that federal law “does not bar foreign nationals from issue advocacy.”
As of March 7, Ballotpedia’s Election Administration Legislation Tracker is following 52 bills in 21 states related to foreign contributions and campaign finance. Missouri is considering the most bills—13—related to foreign contributions and campaign finance. Check the map below to see how many bills other states are considering.
On the Ballot examines school choice policies in rural America
In this episode of On the Ballot, our weekly podcast that connects people to politics, we’re examining the debate surrounding school choice policies in rural America. Our host and editor-in-chief, Geoff Pallay, and our director of content strategy, Josh Altic, will dig into the data, policy trends, and arguments fueling this ongoing discussion.
Fifteen states have universal private school choice programs, allowing all students to access public funds for private schools, homeschooling, and other alternatives to traditional public education. These programs—ranging from education savings accounts (ESAs) to tax credit scholarships and vouchers—have become a defining feature of state-level education policy debates.
Arguments surrounding school choice legislation often incorporate claims about the effect of private school choice on rural school districts. According to the National Center for Education Statistics (NCES) and the Census, 45% of school districts across the U.S. are classified as rural. Legislators from just under 3,000 different legislative districts represent these school districts.
For more education policy coverage, click here to subscribe to Hall Pass, our weekly newsletter that covers conversations driving school board politics and education policy. You can also check out our comprehensive resource on the effect of school choice on rural school districts here.
To listen to this episode and more, click here. Also, don’t forget to subscribe to On the Ballot on YouTube or your preferred podcast app.
Here’s a roundup of state supreme court vacancy activity from February
In this month’s state supreme court vacancy update, we’ll look at who’s retired, been nominated, appointed, confirmed, and sworn in from Feb. 1 to Feb. 28.
Here’s a quick summary of what happened in February:
- Two chief justices announced their intentions to retire later this year.
- No new candidates were nominated, appointed, or confirmed.
- Two justices were sworn into office.
Now, let’s dig a little deeper into what happened in February.
Announced retirements
Michigan Supreme Court Chief Justice Elizabeth Clement (R) announced on Feb. 19 that she will retire this year. Although Clement did not give an official resignation date, she said she would step down by April 30. Her term was scheduled to end in December 2026. Due to Clement’s retirement, Gov. Gretchen Whitmer (D) will now get to appoint a second justice to the court. Currently, there are five Democrats and two Republicans on the court. Clement’s successor will serve the remainder of her term and can run for re-election when the seat is up in 2026.
Georgia Supreme Court Chief Justice Michael P. Boggs announced on Feb. 25 that he would retire on March 31. Former Gov. Nathan Deal (R) appointed Boggs to the court as an associate justice in 2016. In 2022, Boggs won a chamber vote to serve a term as chief justice that would have ended in 2026. Georgia is one of 23 states where justices elect the chief justice. In Georgia, the justice with the greatest seniority has traditionally been elected to serve as chief justice. On Feb. 27, the chamber unanimously elected Justice Nels Peterson, the longest-serving justice on the court, to succeed Boggs as chief justice.
Justices sworn in
In Arizona, Maria Elena Cruz was sworn into the Arizona Supreme Court on Feb. 3. Cruz replaced Robert Brutinel, who retired in October 2024. Cruz is Gov. Katie Hobbs’ (D) first nominee to the court and is the sole Democratic appointee. Former Gov. Doug Ducey (R) appointed five of the court’s current justices, and Gov. Jan Brewer (R) appointed one.
In Nebraska, Jason Bergevin was sworn into the Nebraska Supreme Court on Feb. 14. Before his swearing-in, Bergevin was a judge on the Nebraska Fifth District Court, a position he held since 2022. Bergevin replaced Jeffrey Funke, who became chief justice in November 2024. The only Democratic appointee on the seven-member court is Lindsey Miller-Lerman. A Republican governor appointed the other six justices.
Other news
The Louisiana Supreme Court filing deadline for the upcoming 2025 special election closed on Jan. 31. Only one candidate, Cade Cole (R), qualified for the March 29 primary, leading to the cancellation of the election. Louisiana uses a majority-vote electoral system. As of Feb. 28, Cole’s swearing-in has not been scheduled.