Wyoming is the 10th state to enact restrictions on foreign contributions to ballot measure campaigns. On March 6, Gov. Mark Gordon (R) signed House Bill 337 (HB 337), banning foreign nationals from donating directly or indirectly to ballot measure committees. The other nine states are California, Colorado, Maine, Maryland, Nevada, North Dakota, Ohio, South Dakota, and Washington.
In the Wyoming State Legislature, HB 337 received support from most legislative Republicans and Democrats. Two—Rep. Bob Nicholas (R-7) and Rep. Liz Storer (D-23)—voted against the bill.
HB 337 defines foreign nationals based on 52 U.S.C. § 30121(b), which 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 definition or a similar one. However, some states, like Maine and South Dakota, prohibit foreign governments but not individuals.
HB 337 also prohibits foreign donations from being made indirectly to ballot measure committees. This means foreign nationals cannot provide funds to another committee, organization, person, or entity for the purpose of making a contribution to a ballot measure committee.
Before Wyoming HB 337, Ohio was the most recent state to ban foreign funding for ballot measure committees. In 2024, Ohio enacted House Bill 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.
In 2012, the Supreme Court affirmed that, under the Federal Elections Campaign Act (FECA), foreign nationals were prohibited from making contributions to candidates. However, FECA “does not bar foreign nationals from issue advocacy,” according to the affirmed ruling. Campaign finance rules for ballot measures differ from those for candidate elections. “Referenda are held on issues, not candidates for public office,” wrote the U.S. Supreme Court in 1978 (First National Bank of Boston v. Bellotti). The court has held that spending on ballot measure campaigns is similar to issue advocacy, such as lobbying, in the lawmaking process.
The Federal Election Commission, following the court’s orders, has held that ballot measure campaigns are not regulated under FECA. According to the FEC, since ballot measure campaigns are similar to issue advocacy, foreign individuals, corporations, and governments can contribute to them.
As of March 7, Ballotpedia’s Election Administration Legislation Tracker is following 52 bills related to foreign contributions and campaign finance.
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