HB 2326--
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Session of 1997
HOUSE BILL No. 2326
By Representatives Findley, Alldritt, Flora, Gilbert, Henry, Kirk,
Phelps, Ruff, Sawyer, Showalter, Spangler, Storm, Vickrey and
Welshimer
2-12
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10 AN ACT concerning campaign finance; concerning reports filed by treas-
11 urers; amending K.S.A. 25-4148 and repealing the existing section.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 Section 1. K.S.A. 25-4148 is hereby amended to read as follows: 25-
15 4148. (a) Every treasurer shall file a report prescribed by this section.
16 Reports filed by treasurers for candidates for state office, other than of-
17 ficers elected on a state-wide basis, shall be filed in both the office of the
18 secretary of state and in the office of the county election officer of the
19 county in which the candidate is a resident. Reports filed by treasurers
20 for candidates for state-wide office shall be filed only with the secretary
21 of state. Reports filed by treasurers for candidates for local office shall be
22 filed in the office of the county election officer of the county in which
23 the candidate is a resident.
24 (b) Except as otherwise provided by subsection (h), subsections (f)
25 and (j), all such reports shall be filed in time to be received in the offices
26 required on or before each of the following days:
27 (1) The eighth day preceding the primary election, which report shall
28 be for the period beginning on January 1 of the election year for the office
29 the candidate is seeking and ending 12 days before the primary election,
30 inclusive;
31 (2) the eighth day preceding a general election, which report shall be
32 for the period beginning 11 days before the primary election and ending
33 12 days before the general election, inclusive;
34 (3) January 10 of the year after an election year, which report shall
35 be for the period beginning 11 days before the general election and end-
36 ing on December 31, inclusive;
37 (4) for any calendar year when no election is held, a report shall be
38 filed on the next January 10 for the preceding calendar year; except that
39 the report filed January 10, 1990, shall include in addition to calendar
40 year 1989 the month of December 1988;
41 (5) a treasurer need only file shall file only the annual report required
42 by subsection (4) paragraph (4) of this subsection for those years when
43 the candidate is not participating in a primary or general election.
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1 (b) (c) Each report required by this section subsection (b) shall state:
2 (1) Cash on hand on the first day of the reporting period;
3 (2) the name and address of each person who has made one or more
4 contributions in an aggregate amount or value in excess of $50 during the
5 election period together with the amount and date of such contributions,
6 including the name and address of every lender, guarantor and endorser
7 when a contribution is in the form of an advance or loan;
8 (3) the aggregate amount of all proceeds from bona fide sales of po-
9 litical materials such as, but not limited to, political campaign pins, but-
10 tons, badges, flags, emblems, hats, banners and literature;
11 (4) the aggregate amount of contributions for which the name and
12 address of the contributor is not known;
13 (5) each contribution, rebate, refund or other receipt not otherwise
14 listed;
15 (6) the total of all receipts;
16 (7) the name and address of each person to whom expenditures have
17 been made in an aggregate amount or value in excess of $50, with the
18 amount, date, and purpose of each and the names and addresses of all
19 persons to whom any loan or advance has been made; when an expend-
20 iture is made by payment to an advertising agency, public relations firm
21 or political consultants for disbursement to vendors, the report of such
22 expenditure shall show in detail the name of each such vendor and the
23 amount, date and purpose of the payments to each;
24 (8) the name and address of each person from whom an in-kind con-
25 tribution was received or who has paid for personal services provided
26 without charge to or for any candidate, candidate committee, party com-
27 mittee or political committee, if the contribution is in excess of $50 and
28 is not otherwise reported under subsection (b)(7) paragraph (7) of this
29 subsection, and the amount, date and purpose of the contribution;
30 (9) the aggregate of all expenditures not otherwise reported under
31 this section; and
32 (10) the total of expenditures.
33 (c) (d) Treasurers of candidates and of candidate committees shall be
34 required to itemize, as provided in subsection (b)(2) paragraph (2) of
35 subsection (c), only the purchase of tickets or admissions to testimonial
36 events by a person who purchases such tickets or admissions in an aggre-
37 gate amount or value in excess of $50 per event, or who purchases such
38 a ticket or admission at a cost exceeding $25 per ticket or admission. All
39 other purchases of tickets or admissions to testimonial events shall be
40 reported in an aggregate amount and shall not be subject to the limitations
41 specified in K.S.A. 25-4154, and amendments thereto.
42 (d) (e) If a contribution or other receipt from a political committee
43 is required to be reported under subsection (b) (c), the report shall in-
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1 clude the full name of the organization with which the political committee
2 is connected or affiliated or, name or description sufficiently describing
3 the affiliation or, if the committee is not connected or affiliated with any
4 one organization, the trade, profession or primary interest of contributors
5 of the political committee.
6 (f) In addition to all other reports required by this section, the treas-
7 urer for each candidate for state office elected on a state-wide basis and
8 the treasurer for each candidate for election to the Kansas senate and
9 house of representatives shall file a report within 24 hours following the
10 receipt of any contribution or in-kind contribution or contributions in an
11 aggregate amount or value of $250 or more during the periods beginning
12 on the 11th day before the primary and general elections and ending on
13 the day preceding each such election. Such report shall state the name
14 and address of each person who made any such contribution or in-kind
15 contribution or contributions during such period together with the
16 amount and date of such contributions, including the name and address
17 of every lender, guarantor or endorser when a contribution is in the form
18 of an advance or loan. Such report may be filed by facsimile.
19 (e) (g) The commission may require any treasurer to file an amended
20 report for any period for which the original report filed by such treasurer
21 contains material errors or omissions, and notice of the errors or omissions
22 shall be part of the public record. The amended report shall be filed
23 within 30 days after notice by the commission.
24 (f) (h) The commission may require any treasurer to file a report for
25 any period for which the required report is not on file, and notice of the
26 failure to file shall be part of the public record. Such report shall be filed
27 within five days after notice by the commission.
28 (g) (i) For the purpose of any report required to be filed pursuant to
29 subsection (a) this section by the treasurer of any candidate seeking nom-
30 ination by convention or caucus or by the treasurer of the candidate's
31 committee or by the treasurer of any party committee or political com-
32 mittee of which the primary purpose is supporting or opposing the nom-
33 ination of any such candidate, the date of the convention or caucus shall
34 be considered the date of the primary election.
35 (h) (j) If a report is sent by certified or registered mail on or before
36 the day it is due, the mailing shall constitute receipt by that office.
37 Sec. 2. K.S.A. 25-4148 is hereby repealed.
38 Sec. 3. This act shall take effect and be in force from and after its
39 publication in the statute book.