Session of 1999
         
HOUSE BILL No. 2265
         
By Representative Gregory
         
2-4
         

  9             AN  ACT concerning elections; relating to campaign finance; relating to
10             corrupt political advertising; amending K.S.A. 1998 Supp. 25-4156 and
11             repealing the existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 1998 Supp. 25-4156 is hereby amended to read as
15       follows: 25-4156. (a) (1) Whenever any person sells space in any news-
16       paper, magazine or other periodical to a candidate or to a candidate com-
17       mittee, party committee or political committee, the charge made for the
18       use of such space shall not exceed the charges made for comparable use
19       of such space for other purposes.
20             (2) Intentionally charging an excessive amount for political advertis-
21       ing is a class A misdemeanor.
22             (b)  (1) Corrupt political advertising of a state or local office is:
23             (A) Publishing or causing to be published in a newspaper or other
24       periodical any paid matter which expressly advocates the nomination,
25       election or defeat of a clearly identified candidate for a state or local
26       office, unless such matter is followed by the word "advertisement" or the
27       abbreviation "adv." in a separate line together with the name of the chair-
28       person or treasurer of the political or other organization sponsoring the
29       same or the name of the individual who is responsible therefor and, if
30       sponsored by a political committee, the name of such committee;
31             (B) broadcasting or causing to be broadcast by any radio or television
32       station any paid matter which expressly advocates the nomination, elec-
33       tion or defeat of a clearly identified candidate for a state or local office,
34       unless such matter is followed by a statement which states: "Paid for" or
35       "Sponsored by" followed by the name of the sponsoring organization and
36       the name of the chairperson or treasurer of the political or other organ-
37       ization sponsoring the same or the name of the individual who is respon-
38       sible therefor and, if sponsored by a political committee, the name of such
39       committee; or
40             (C) publishing or causing to be published any brochure, flier or other
41       political fact sheet which expressly advocates the nomination, election or
42       defeat of a clearly identified candidate for a state or local office, unless
43       such matter is followed by the name of the chairperson or treasurer of
44       the political or other organization sponsoring the same or the name of
45       the individual who is responsible therefor and, if sponsored by a political
46       committee, the name of such committee.
47             The provisions of this subsection (C) requiring the disclosure of the
48       name of an individual shall not apply to individuals making expenditures
49       in an aggregate amount of less than $2,500 within a calendar year.
50             (2) Corrupt political advertising of a state or local office is a class C
51       misdemeanor.
52             (c) If any provision of this section or application thereof to any person
53       or circumstance is held invalid, such invalidity does not affect other pro-
54       visions or applications of this section which can be given effect without
55       the invalid application or provision, and to this end the provisions of this
56       section are declared to be severable. 
57       Sec.  2. K.S.A. 1998 Supp. 25-4156 is hereby repealed.
58        Sec.  3. This act shall take effect and be in force from and after its
59       publication in the statute book.