Kansas HB 2766: Providing that artificial persons shall not possess any political powers relating to election activity or ballot-issue activity.

Bill Text

Session of 2026
HOUSE BILL No. 2766
By Committee on Judiciary
Requested by Representative Meyer
2-6
AN ACT concerning the powers of artificial persons and foreign artificial
persons; relating to political powers such as election activity or ballot-
issue activity; providing that artificial persons shall not possess any
such political powers and any exercise of such powers shall be void and
result in forfeiture of privileges granted pursuant to Kansas law;
amending K.S.A. 17-1503, 17-1605, 17-2034, 17-2204, 17-6001, 17-
6101, 17-6104, 17-7930, 56-1a106, 56-1a253 and 56a-306 and K.S.A.
2025 Supp. 17-7668 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The legislature finds that the creation of a
corporation or other artificial legal entity or person is a privilege granted
by the state and is not a natural right. The legislature further finds that the
Kansas Constitution requires that corporations or other artificial legal
persons be created under general law and all such laws may be amended or
repealed. Judicial decisions of the supreme court of the United States
recognize that a state possesses plenary authority to determine the powers
and capacities of the artificial legal persons that the state creates and
define the scope of the privileges that the state confers. The legislature
finds that Kansas statutes have historically included broad grants of
powers to artificial legal persons, including powers and privileges
necessary or convenient to lawful business or purpose, and that such broad
grants of power have been construed in other jurisdictions to include
political powers.
(b) The legislature declares that powers related to election activity
and ballot-issue activity were never intended to be among the powers
granted to corporations and other artificial legal persons by the state of
Kansas, and it is the purpose of this act to make the intent explicit and
define the lawful powers of artificial legal persons accordingly. The
legislature further declares that the powers conferred on an artificial legal
person are separate and distinct from the rights retained by natural persons.
This act therefore does not regulate speech, petition or association by any
natural person. This act is intended to define and limit only the powers and
charter privileges that the state confers upon artificial legal persons that the
state charters or authorizes to do business.
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HB 2766 2
(c) Every artificial legal person formed under the laws of this state or
authorized to transact business in this state accepts such artificial legal
person's charter, organization, registration or authorization subject to
article 12, section 1 of the constitution of the state of Kansas. Every such
artificial legal person is on constructive notice that all charter privileges
and statutory grants of powers are subject to modification or withdrawal
by general law. No such artificial legal person has acquired or acquires any
vested right to the continuation of any statutory grant of power.
(d) This act shall apply to every artificial legal person organized
under the laws of this state and to every foreign artificial legal person to
the extent provided by this act, unless the artificial legal person is
expressly identified in statute as a public body corporate and politic.
(e) Nothing in this act shall apply to any agency or instrumentality of
the state or the state's political subdivisions.
(f) (1) The provisions of this act are severable. If any portion of this
act is declared unconstitutional or invalid, or the application of any portion
of the act to any person or circumstance is held unconstitutional or invalid,
the invalidity shall not affect other portions of the act that can be given
effect without the invalid portion or application, and the applicability of
such other portions of the act to any person or circumstance shall remain
valid and enforceable.
(2) In the event that any portion of this act is declared
unconstitutional or invalid, or the application of any portion of the act to
any person or circumstance is held unconstitutional or invalid, no prior
grant of powers to entities covered by this act shall be revived, reinstated
or implied by operation of law or judicial construction, and nothing in this
act shall be construed to authorize broader powers than are expressly
conferred herein.
New Sec. 2. (a) Except as expressly provided in K.S.A. 17-6101(d),
and amendments thereto:
(1) No artificial legal person formed under the laws of this state shall
possess any power to directly or indirectly engage in election activity or
ballot-issue activity; and
(2) no foreign artificial legal person that is authorized to transact
business, is otherwise transacting business or holds property in this state
possesses any power to directly or indirectly engage in election activity or
ballot-issue