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 9  AN ACT concerning elections; relating to political advertising.
10
11  Be it enacted by the Legislature of the State of Kansas:
12    Section 1.  (a) Unless otherwise specifically provided by this section,
13  the words and phrases used in this section shall have the same meaning
14  ascribed thereto by K.S.A. 25-4143, and amendments thereto.
15    (b)  No person shall sponsor:
16    (1)  Political advertising that contains a false statement of material
17  fact;
18    (2)  political advertising that falsely represents that a candidate is the
19  incumbent for the office sought when in fact the candidate is not the
20  incumbent;
21    (3)  political advertising that makes, either directly or indirectly, a false
22  claim stating or implying the support or endorsement of any person or
23  organization when in fact the candidate does not have such support or
24  endorsement; or
25    (4)  political advertising that makes, either directly or indirectly, a false
26  claim by materially distorting a candidate's record or position on an issue.
27    (c)  (1) Except as provided in paragraph (2) of this subsection, the
28  responsibility for compliance with subsection (a) shall rest with the spon-
29  sor of the political advertising and not with the broadcasting station or
30  other medium.
31    (2)  If a broadcasting station or other medium changes the content of
32  a political advertisement, the station or medium shall be responsible for
33  any failure of the advertisement to comply with subsection (a) that results
34  from such change.
35    (d) (1)  The commission may assess a civil fine, after proper notice
36  and an opportunity to be heard, against any person violating the provisions
37  of this section, in an amount not to exceed $2,000 nor less than $1,000
38  for each violation.  Fines shall be paid by the offending candidate's cam-
39  paign committee or the candidate's state party to the state treasurer
40  within 10 days of receiving notification from the commission. No candi-
41  date shall be sworn into office until all fines are paid in full. Upon receipt
42  thereof, the state treasurer shall deposit 1/2 the entire amount in the state
43  treasury and credit it to the Kansas commission on governmental stan-
HB 2416
                                     

 1  dards and conduct fee fund and shall remit the remaining 1/2 to the state
 2  committee of the political party of the opposing candidate.
 3    (2)  In addition to any fines assessed against a candidate for violations
 4  of this act, the commission shall place advertisements in all local daily and
 5  weekly newspapers in the candidates district informing the public of the
 6  specific violations. The offending candidate or the candidate's state party
 7  committee shall reimburse the commission for such expenses.
 8    Sec. 2.  This act shall take effect and be in force from and after its
 9  publication in the statute book.