URGENT! Contact These Representatives!
House Bills 2451 and 2491 are currently facing votes
The 2026 Kansas legislative session has introduced several bills that represent a coordinated assault on constitutional rights, particularly targeting marginalized communities and restricting government employees’ ability to serve the public interest. These bills create mechanisms for surveillance, limit free speech, and potentially facilitate federal overreach by agencies like ICE. House Bills 2451 and 2491 are currently facing votes
HB 2451: RESTRICTING GOVERNMENT SPEECH ON BALLOT MEASURES
Purpose: Expands prohibitions on government employees using public assets to advocate for or against ballot questions and constitutional amendments.
Constitutional Concerns:
First Amendment Violations: Creates chilling effect on government employees’ speech rights
Vagueness & Overbreadth: Unclear definitions of “neutral” information and “expressly advocating”
Equal Protection Issues: Unequal restrictions on government versus private actors
Practical Impacts:
Hinders informed public participation in democracy when the general public can no longer seek guidance to details on proposed governmental action
Creates information asymmetry disadvantaging voters – the legislature knows what is going on but the voters don’t
Potential for selective enforcement and political retaliation
Weakens ability to protect constitutional rights through democratic process
HB 2491: NONCITIZEN REGISTRY FOR PUBLIC BENEFITS
Purpose: Requires state agencies to quarterly report names and addresses of noncitizens receiving public-funded benefits, including scholarships.
Constitutional Concerns:
Equal Protection Violations: Targets specific class of people for differential treatment
Privacy Rights: Mandatory collection and reporting of personal information
Potential for Discrimination: Creates registry vulnerable to misuse for targeting/harassment
Practical Impacts:
Creates barriers for eligible noncitizens accessing necessary benefits
Discourages participation in programs people are legally entitled to receive
Significant administrative burden without clear public benefit
Potential for errors in citizenship verification processes
BROADER IMPLICATIONS for 2451 and 2491
Connection to Federal immigration enforcement
These bills create infrastructure that could facilitate collaboration with federal immigration enforcement agencies such as ICE:
HB 2491’s registry of noncitizens receiving benefits could be accessed by ICE for targeting purposes
HB 2451’s restrictions on government speech could prevent officials from speaking out against federal overreach
Together, they create an environment of surveillance and enforced silence that enables constitutional violations
Erosion of Constitutional protections
Fiscal – what will all this monitoring cost and what will NOT get done in other areas such as education, health care, etc?
These bills represent a pattern of legislation that:
Consistently chips away at constitutional protections
Limits government employees’ ability to advocate for constitutional rights
Creates barriers to protecting fundamental rights through democratic processes
Targets marginalized communities under the guise of government accountability
COMMUNITY IMPACT
Potential Harm to Kansas Communities
Education: Noncitizen students may avoid scholarships for fear of being tracked
Public Health: Eligible residents may avoid necessary services
Will this law make it difficult/impossible for non-citizen residents to seek legal representation or medical aid if and when they are detained or injured by ICE? Or if they have been the victim of a crime?
Civic Engagement: Government employees discouraged from providing full information to communities
Community Trust: Erosion of trust between government institutions and marginalized communities
Economic Consequences
Administrative costs of implementing reporting requirements
Potential loss of federal funding if constitutional violations are challenged
Economic impact of communities avoiding necessary services
Legal challenges likely to cost the state significant resources
RECOMMENDED ACTIONS
For Community Members
Contact Representatives: Express opposition to these bills and their constitutional implications
Public Testimony: Provide testimony at legislative hearings when possible, check the state website for updates on hearing dates, times, and places
Community Organizing: Build coalitions to oppose these measures
Legal Support: Support organizations challenging these bills in court
For Government Employees
Document Concerns: Keep records of any chilling effects on speech
Legal Consultation: Seek clarification on what speech remains protected
Whistleblower Protection: Understand rights if asked to violate constitutional principles
For Elected Officials
Public Opposition: Speak out against these bills and their constitutional violations
Policy Alternatives: Propose less restrictive alternatives that achieve legitimate state interests
Legal Challenges: Support efforts to challenge these bills in court
CONCLUSION
HB 2451 and HB 2491 represent a dangerous trend in Kansas legislation that threatens constitutional rights, particularly for marginalized communities. These bills create mechanisms for surveillance, restrict free speech, and potentially facilitate collaboration with agencies like ICE that have demonstrated constitutional violations.
Opposition to these bills should be viewed not just as protecting specific communities but as preserving fundamental constitutional principles that protect all Kansans. The fight against these measures is part of a broader struggle to maintain constitutional governance in the face of authoritarian tendencies.
HB 2491 and 2451 are sponsored by the House Committee on Elections
Chair
Rep. Pat Proctor at 785-296-7357
Vice Chair
Rep. Paul Waggoner at 785 296-7196
Ranking Minority Member
Members
Below is a script that can be used when writing or speaking to these representatives.
“Hello, this is -Name- calling from Lawrence, Kansas, -zipcode-. I want to leave an opinion for Rep. XXX or Senator XXX. It is imperative that you please vote no on HB 2451 and 2491. This is still a democracy and the public is entitled to obtain full and accurate information about legislation and governmental processes. Additionally, non-citizen residents are entitled to basic human rights, such as medical treatment and official help if they have been the victims of a crime. Non-citizen residents are also still, per our national constitution, entitled to due process. The cost to the taxpayers to implement either of these bills would be huge! Thank you for your time and for voting NO on these bills.”