Session of 1998
                   
HOUSE BILL No. 2661
         
By Committee on Governmental Organization and Elections
         
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            9             AN ACT concerning elections; relating to campaign finance; amending
10             K.S.A. 1997 Supp. 25-4143 and repealing the existing section.
11            
12       Be it enacted by the Legislature of the State of Kansas:
13           Section 1. K.S.A. 1997 Supp. 25-4143 is hereby amended to read as
14       follows: 25-4143. As used in the campaign finance act, unless the context
15       otherwise requires:
16           (a) ``Candidate'' means an individual who: (1) Appoints a treasurer or
17       a candidate committee,
18           (2) makes a public announcement of intention to seek nomination or
19       election to state or local office,
20           (3) makes any expenditure or accepts any contribution for the pur-
21       pose of influencing such person's nomination or election to any state or
22       local office, or
23           (4) files a declaration or petition to become a candidate for state or
24       local office.
25           (b) ``Candidate committee'' means a committee appointed by a can-
26       didate to receive contributions and make expenditures for the candidate.
27           (c) ``Commission'' means the Kansas commission on governmental
28       standards and conduct created by K.S.A. 25-4119a, and amendments
29       thereto.
30           (d) (1) ``Contribution'' means: (A) Any advance, conveyance, deposit,
31       distribution, gift, loan or payment of money or any other thing of value
32       made for the purpose of influencing the nomination or election of any
33       individual to state or local office;
34           (B) a transfer of funds between any two or more candidate commit-
35       tees, party committees or political committees;
36           (C) the payment, by any person other than a candidate, candidate
37       committee, party committee or political committee, of compensation to
38       an individual for the personal services rendered without charge to or for
39       a candidate's campaign or to or for any such committee;
40           (D) the purchase of tickets or admissions to, or advertisements in
41       journals or programs for, testimonial events;
42           (E) a mailing of materials designed to influence the nomination or
43       election of a candidate, which is made and paid for by a party committee

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  1       with the consent of such candidate.
  2           (2) ``Contribution'' does not include:
  3           (A) The value of volunteer services provided without compensation;
  4           (B) costs to a volunteer related to the rendering of volunteer services
  5       not exceeding a fair market value of $50 during an allocable election
  6       period as provided in K.S.A. 25-4149, and amendments thereto;
  7           (C) payment by a candidate or candidate's spouse for personal meals,
  8       lodging and travel by personal automobile of the candidate or candidate's
  9       spouse while campaigning;
10           (D) the value of goods donated to events such as testimonial events,
11       bake sales, garage sales and auctions by any person not exceeding a fair
12       market value of $50 per event.
13           (e) ``Election'' means: (1) A primary or general election for state or
14       local office and (2) a convention or caucus of a political party held to
15       nominate a candidate for state or local office.
16           (f) (1) ``Expenditure'' means: (A) Any purchase, payment, distribu-
17       tion, loan, advance, deposit or gift of money or any other thing of value
18       made for the purpose of influencing the nomination or election of any
19       individual to state or local office;
20           (B) any contract to make an expenditure;
21           (C) a transfer of funds between any two or more candidate commit-
22       tees, party committees or political committees;
23           (D) payment of a candidate's filing fees.
24           (2) ``Expenditure'' does not include:
25           (A) The value of volunteer services provided without compensation;
26           (B) costs to a volunteer incidental to the rendering of volunteer serv-
27       ices not exceeding a fair market value of $50 during an allocable election
28       period as provided in K.S.A. 25-4149, and amendments thereto;
29           (C) payment by a candidate or candidate's spouse for personal meals,
30       lodging and travel by personal automobile of the candidate or candidate's
31       spouse while campaigning or payment of such costs by the treasurer of a
32       candidate or candidate committee;
33           (D) the value of goods donated to events such as testimonial events,
34       bake sales, garage sales and auctions by any person not exceeding fair
35       market value of $50 per event; or
36           (E) any communication by an incumbent elected state or local officer
37       with one or more individuals unless the primary purpose thereof is to
38       influence the nomination or election of a candidate.
39           (g) ``Party committee'' means the state committee of a political party
40       regulated by article 3 of chapter 25 of the Kansas Statutes Annotated, or
41       the county central committee or the state committee of a political party
42       regulated under article 38 of chapter 25 of the Kansas Statutes Annotated
43       or the bona fide national organization or committee of those political

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  1       parties regulated by the Kansas Statutes Annotated, or not more than one
  2       political committee established by the state committee of any such polit-
  3       ical party and designated as a recognized political committee for the sen-
  4       ate or not more than one political committee established by the state
  5       committee of any such political party and designated as a recognized
  6       political committee for the house of representatives.
  7           (h) ``Person'' means any individual, committee, corporation, partner-
  8       ship, trust, organization or association.
  9           (i) ``Political committee'' means any combination of two or more in-
10       dividuals or any person other than an individual, a major purpose of which
11       is to support or oppose any candidate for state or local office, but not
12       including any candidate committee or party committee.
13           (j) ``Receipt'' means a contribution or any other money or thing of
14       value, but not including volunteer services provided without compensa-
15       tion, received by a treasurer in the treasurer's official capacity.
16           (k) ``State office'' means any state office as defined in K.S.A. 25-2505,
17       and amendments thereto.
18           (l) ``Testimonial event'' means an event held for the benefit of an
19       individual who is a candidate to raise funds for such candidate's campaign.
20       Testimonial events include but are not limited to dinners, luncheons,
21       rallies, barbecues and picnics.
22           (m) ``Treasurer'' means a treasurer of a candidate or of a candidate
23       committee, a party committee or a political committee appointed under
24       the campaign finance act or a treasurer of a combination of individuals
25       or a person other than an individual which is subject to paragraph (2) of
26       subsection (a) of K.S.A. 25-4172 and amendments thereto.
27           (n) ``Local office'' means a member of the governing body of a city
28       of the first class, any elected office of a unified school district having
29       35,000 or more pupils regularly enrolled in the preceding school year, a
30       county or of the board of public utilities.
31           (o) ``To directly or indirectly influence the nomination or election of
32       a candidate'' means:
33           (1) Any communication which uses phrases including, but not limited
34       to:
35           (A) ``Vote for the secretary of state'';
36           (B) ``re-elect your senator'';
37           (C) ``support the democratic nominee'';
38           (D) ``cast your ballot for the republican challenger for governor;
39           (E) ``Smith for senate'';
40           (F) ``Bob Jones in `98'';
41           (G) ``vote pro-industry'' accompanied by a listing of clearly identified
42       candidates described as pro-industry;
43           (H) ``vote against Old Hickory'';

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  1           (I) ``defeat'' accompanied by a picture of one or more candidates; or
  2           (J) ``reject the incumbents'';
  3           (2) any communication of campaign slogans or individual words,
  4       which in context have no other reasonable meaning than to urge the elec-
  5       tion or defeat of one or more clearly identified candidates, including, but
  6       not limited to, posters, bumper stickers and advertisements which state:
  7           (A) ``Smith's the one'';
  8           (B) ``Jones `98'';
  9           (C) ``Smith/Jones'';
10           (D) ``Jones!''; or
11           (E) other similar communications; or
12           (3) any communication, when taken as a whole and with limited ref-
13       erence to external events, such as the proximity to the election, only may
14       be interpreted by a reasonable person as containing advocacy of the elec-
15       tion or defeat of one or more clearly identified candidates because:
16           (A) The electoral portion of the communication is unmistakable, un-
17       ambiguous and suggestive of only one meaning; and
18           (B) reasonable minds could not differ as to whether it encourages
19       actions to elect or defeat one or more clearly identified candidates or
20       encourages some other kind of action.
21           Sec. 2. K.S.A. 1997 Supp. 25-4143 is hereby repealed.
22           Sec. 3. This act shall take effect and be in force from and after its
23       publication in the statute book.
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