Session of 1999
         
SENATE BILL No. 23
         
By Senators Hensley, Barone, Biggs, Downey, Feleciano, Gooch,
          
Goodwin, Jones, Lee, Petty and Steineger
          
1-11
          
10             AN  ACT concerning elections; concerning campaign finance; amending
11             K.S.A. 1998 Supp. 25-4143, 25-4150 and 25-4152 and repealing the
12             existing sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1998 Supp. 25-4143 is hereby amended to read as
16       follows: 25-4143. As used in the campaign finance act, unless the context
17       otherwise requires:
18             (a) "Candidate" means an individual who: (1) Appoints a treasurer or
19       a candidate committee;
20             (2) makes a public announcement of intention to seek nomination or
21       election to state or local office;
22             (3) makes any expenditure or accepts any contribution for such per-
23       son's nomination or election to any state or local office; or
24             (4) files a declaration or petition to become a candidate for state or
25       local office.
26             (b) "Candidate committee" means a committee appointed by a can-
27       didate to receive contributions and make expenditures for the candidate.
28             (c) "Clearly identified candidate" means a candidate who has been
29       identified by the:
30             (1) Use of the name of the candidate;
31             (2) use of a photograph or drawing of the candidate; or
32             (3) unambiguous reference to the candidate whether or not the
33       name, photograph or drawing of such candidate is used.
34             (d) "Commission" means the governmental ethics commission.
35             (e)  (1) "Contribution" means:
36             (A) Any advance, conveyance, deposit, distribution, gift, loan or pay-
37       ment of money or any other thing of value given to a candidate, candidate
38       committee, party committee or political committee for the express pur-
39       pose of nominating, electing or defeating a clearly identified candidate
40       for a state or local office.
41             (B) Any advance, conveyance, deposit, distribution, gift, loan or pay-
42       ment of money or any other thing of value made to expressly advocate
43       the nomination, election or defeat of a clearly identified candidate for a

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  1       state or local office;
  2             (C) a transfer of funds between any two or more candidate commit-
  3       tees, party committees or political committees;
  4             (D) the payment, by any person other than a candidate, candidate
  5       committee, party committee or political committee, of compensation to
  6       an individual for the personal services rendered without charge to or for
  7       a candidate's campaign or to or for any such committee;
  8             (E) the purchase of tickets or admissions to, or advertisements in
  9       journals or programs for, testimonial events;
10             (F) a mailing of materials designed to expressly advocate the nomi-
11       nation, election or defeat of a clearly identified candidate, which is made
12       and paid for by a party committee with the consent of such candidate.
13             (2) "Contribution" does not include:
14             (A) The value of volunteer services provided without compensation;
15             (B) costs to a volunteer related to the rendering of volunteer services
16       not exceeding a fair market value of $50 during an allocable election
17       period as provided in K.S.A. 25-4149, and amendments thereto;
18             (C) payment by a candidate or candidate's spouse for personal meals,
19       lodging and travel by personal automobile of the candidate or candidate's
20       spouse while campaigning;
21             (D) the value of goods donated to events such as testimonial events,
22       bake sales, garage sales and auctions by any person not exceeding a fair
23       market value of $50 per event.
24             (f) "Election" means:
25             (1) A primary or general election for state or local office; and
26             (2) a convention or caucus of a political party held to nominate a
27       candidate for state or local office.
28             (g)  (1) "Expenditure" means:
29             (A) Any purchase, payment, distribution, loan, advance, deposit or
30       gift of money or any other thing of value made by a candidate, candidate
31       committee, party committee or political committee for the express pur-
32       pose of nominating, electing or defeating a clearly identified candidate
33       for a state or local office.
34             (B) Any purchase, payment, distribution, loan, advance, deposit or
35       gift of money or any other thing of value made to expressly advocate the
36       nomination, election or defeat of a clearly identified candidate for a state
37       or local office;
38             (C) any contract to make an expenditure;
39             (D) a transfer of funds between any two or more candidate commit-
40       tees, party committees or political committees; or
41             (E) payment of a candidate's filing fees.
42             (2) "Expenditure" does not include:
43             (A) The value of volunteer services provided without compensation;

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  1             (B) costs to a volunteer incidental to the rendering of volunteer serv-
  2       ices not exceeding a fair market value of $50 during an allocable election
  3       period as provided in K.S.A. 25-4149, and amendments thereto;
  4             (C) payment by a candidate or candidate's spouse for personal meals,
  5       lodging and travel by personal automobile of the candidate or candidate's
  6       spouse while campaigning or payment of such costs by the treasurer of a
  7       candidate or candidate committee;
  8             (D) the value of goods donated to events such as testimonial events,
  9       bake sales, garage sales and auctions by any person not exceeding fair
10       market value of $50 per event; or
11             (E) any communication by an incumbent elected state or local officer
12       with one or more individuals unless the primary purpose thereof is to
13       expressly advocate the nomination, election or defeat of a clearly identi-
14       fied candidate.
15             (h) "Expressly advocate the nomination, election or defeat of a clearly
16       identified candidate" means any communication which uses phrases in-
17       cluding, but not limited to:
18             (A) "Vote for the secretary of state";
19             (B) "re-elect your senator";
20             (C) "support the democratic nominee";
21             (D) "cast your ballot for the republican challenger for governor";
22             (E) "Smith for senate";
23             (F) "Bob Jones in '98";
24             (G) "vote against Old Hickory";
25             (H) "defeat" accompanied by a picture of one or more candidates;
26       or
27             (I) "Smith's the one."
28             (h) "Expressly advocate the nomination, election or defeat of a clearly
29       identified candidate" means:
30             (1) Any communication which uses phrases including, but not limited
31       to:
32             (A) "Vote for the secretary of state";
33             (B) "re-elect your senator";
34             (C) "support the democratic nominee";
35             (D) "cast your ballot for the republican challenger for governor";
36             (E) "Smith for senate";
37             (F) "Bob Jones in '98";
38             (G) "vote pro-industry" accompanied by a listing of clearly identified
39       candidates described as pro-industry;
40             (H) "vote against Old Hickory";
41             (I) "defeat" accompanied by a picture of one or more candidates;
42             (J) "reject the incumbents"; or
43             (K) other similar phrases;

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  1             (2) any communication of campaign slogans or individual words,
  2       which in context have no other reasonable meaning than to urge the elec-
  3       tion or defeat of one or more clearly identified candidates, including, but
  4       not limited to, posters, bumper stickers and advertisements which state:
  5             (A) "Smith's the one";
  6             (B) "Jones '98";
  7             (C) "Smith/Jones";
  8             (D) "Jones!"; or
  9             (E) other similar communications; or
10             (3) any communication, when taken as a whole and with limited ref-
11       erence to external events, such as the proximity to the election, only may
12       be interpreted by a reasonable person as containing advocacy of the elec-
13       tion or defeat of one or more clearly identified candidates because:
14             (A) The electoral portion of the communication is unmistakable, un-
15       ambiguous and suggestive of only one meaning; and
16             (B) reasonable minds could not differ as to whether it encourages
17       actions to elect or defeat one or more clearly identified candidates or
18       encourages some other kind of action.
19             (i) "Local office" means a member of the governing body of a city of
20       the first class, any elected office of a unified school district having 35,000
21       or more pupils regularly enrolled in the preceding school year, a county
22       or of the board of public utilities.
23             (i) (j) "Party committee" means:
24             (1) The state committee of a political party regulated by article 3 of
25       chapter 25 of the Kansas Statutes Annotated;
26             (2) the county central committee or the state committee of a political
27       party regulated under article 38 of chapter 25 of the Kansas Statutes
28       Annotated;
29             (3) the bona fide national organization or committee of those political
30       parties regulated by the Kansas Statutes Annotated;
31             (4) not more than one political committee established by the state
32       committee of any such political party and designated as a recognized
33       political committee for the senate; or
34             (5) not more than one political committee established by the state
35       committee of any such political party and designated as a recognized
36       political committee for the house of representatives.
37             (j) (k) "Person" means any individual, committee, corporation, part-
38       nership, trust, organization or association.
39             (k) (l) "Political committee" means any combination of two or more
40       individuals or any person other than an individual, a major purpose of
41       which is to expressly advocate the nomination, election or defeat of a
42       clearly identified candidate for state or local office or make contributions
43       to or expenditures for the nomination, election or defeat of a clearly

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  1       identified candidate for state or local office.
  2             (l) (m) "Receipt" means a contribution or any other money or thing
  3       of value, but not including volunteer services provided without compen-
  4       sation, received by a treasurer in the treasurer's official capacity.
  5             (m) (n) "State office" means any state office as defined in K.S.A. 25-
  6       2505, and amendments thereto.
  7             (n) (o) "Testimonial event" means an event held for the benefit of an
  8       individual who is a candidate to raise contributions for such candidate's
  9       campaign. Testimonial events include but are not limited to dinners,
10       luncheons, rallies, barbecues and picnics.
11             (o) (p) "Treasurer" means a treasurer of a candidate or of a candidate
12       committee, a party committee or a political committee appointed under
13       the campaign finance act or a treasurer of a combination of individuals
14       or a person other than an individual which is subject to paragraph (2) of
15       subsection (a) of K.S.A. 25-4172, and amendments thereto.
16             (p) "Local office" means a member of the governing body of a city
17       of the first class, any elected office of a unified school district having
18       35,000 or more pupils regularly enrolled in the preceding school year, a
19       county or of the board of public utilities.
20             Sec.  2. K.S.A. 25-4150 is hereby amended to read as follows: 25-
21       4150. (a) Except as specifically provided by this section, the words and
22       phrases used in this section shall have the same meaning ascribed thereto
23       by K.S.A. 25-4143, and amendments thereto.
24             (b) When used in this section:
25             (1) "Person" means a person other than a candidate, candidate com-
26       mittee, party committee or political committee who makes expenditures
27       in an aggregate amount of $1000 or more within the time period beginning
28       60 days prior to a primary election and ending on the day of the general
29       election following such primary election.
30             (2)  (A) "Expenditure" means: (i) Any purchase, payment, distribu-
31       tion, loan, advance, deposit or gift of money or any other thing of value
32       made to expressly advocate the nomination, election or defeat of a clearly
33       identified candidate; or
34             (ii) any contract to make an expenditure.
35             (B) "Expenditure" does not include:
36             (i) The value of volunteer services provided without compensation;
37             (ii) costs to a volunteer incidental to the rendering of volunteer serv-
38       ices not exceeding a fair market value of $50 during an allocable election
39       period as provided in K.S.A. 25-4149, and amendments thereto;
40             (iii) the value of goods donated to events such as testimonial events,
41       bake sales, garage sales and auctions by any person not exceeding fair
42       market value of $50 per event;
43             (iv) any communication by an incumbent elected state or local officer

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  1       with one or more individuals unless the primary purpose of such com-
  2       munication is to expressly advocate the nomination, election or defeat of
  3       a clearly identified candidate;
  4             (v) costs associated with any news story, commentary or editorial
  5       distributed in the ordinary course of business by a broadcasting station,
  6       newspaper, other periodical publication or by internet communication;
  7             (vi) costs associated with nonpartisan activities designed to encourage
  8       individuals to vote or to register to vote; or
  9             (vii) costs associated with communications of business, labor, profes-
10       sional or other associations sent solely to the members of such business,
11       labor, professional or other associations.
12             (c) Any person making an expenditure shall file a statement pre-
13       scribed by this section. If the expenditure is to expressly advocate the
14       nomination, election or defeat of a clearly identified candidate for a state
15       office, such statement shall be filed in the office of the secretary of state.
16       If the expenditure is to expressly advocate the nomination, election or
17       defeat of a clearly identified candidate for local office, such statement shall
18       be filed in the office of the county clerk of the county in which the name
19       of such person is on the ballot. Such statement shall be filed no later than
20       12:00 o'clock midnight of the day next following the day on which such
21       expenditure was made. Such statement may be filed in person or by mail,
22       telefacsimile communication or electronic mail. Every statement shall
23       include:
24             (1) The name and address of the person;
25             (2) the name and address of the chairperson of the organization or
26       other responsible person, if the person is not an individual; and
27             (3) the name and address of affiliated or connected organizations, if
28       any.
29             (d) Every person, other than a candidate or a candidate committee,
30       party committee or political committee, who makes contributions or ex-
31       penditures, who makes expenditures other than by contribution to a can-
32       didate or a candidate committee, party committee or political committee,
33       in an aggregate amount of $100 or more within a calendar year shall make
34       statements containing the information required by K.S.A. 25-4148, and
35       amendments thereto. Such statements shall be filed in the office or offices
36       required so that each such statement is in such office or offices on the
37       day specified in K.S.A. 25-4148, and amendments thereto. If such con-
38       tributions are received or expenditures are made to expressly advocate
39       the nomination, election or defeat of a clearly identified candidate for
40       state office, other than that of an officer elected on a state-wide basis
41       such statement shall be filed in both the office of the secretary of state
42       and in the office of the county election officer of the county in which the
43       candidate is a resident. If such contributions are received or expenditures

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  1       are made to expressly advocate the nomination, election or defeat of a
  2       clearly identified candidate for statewide office such statement shall be
  3       filed only in the office of the secretary of state. If such contributions or
  4       expenditures are made to expressly advocate the nomination, election or
  5       defeat of a clearly identified candidate for local office such statement shall
  6       be filed in the office of the county election officer of the county in which
  7       the name of the candidate is on the ballot. Reports made under this
  8       section need not be cumulative.
  9             (e) Any person required to file a report pursuant to this section shall
10       maintain, in such person's own records, the name and address of any
11       person, including an individual, who has made one or more contributions
12       to such person, together with the amount and date of such contributions,
13       regardless of whether such information is required to be reported.
14             (f) Any change in information previously reported pursuant to this
15       section shall be reported on a supplemental statement of intent and filed
16       not later than 10 days following the change.
17             Sec.  3. K.S.A. 1998 Supp. 25-4152 is hereby amended to read as
18       follows: 25-4152. (a) The commission shall send a notice by registered or
19       certified mail to any person failing to file any report or statement required
20       by K.S.A. 25-4144, 25-4145 or, 25-4148 or 25-4150, and amendments
21       thereto, and to the candidate appointing any treasurer failing to file any
22       such report, within the time period prescribed therefor. The notice shall
23       state that the required report or statement has not been filed with either
24       the office of secretary of state or county election officer or both. The
25       person failing to file any report or statement, and the candidate appoint-
26       ing any such person, shall be responsible for the filing of such report or
27       statement. The notice also shall state that such person shall have 15 days
28       from the date such notice is deposited in the mail to comply with the
29       registration and reporting requirements before a civil penalty shall be
30       imposed for each day that the required documents remain unfiled. If such
31       person fails to comply within the prescribed period, such person shall pay
32       to the state a civil penalty of $10 per day for each day that such report or
33       statement remains unfiled, except that no such civil penalty shall exceed
34       $300. The commission may waive, for good cause, payment of any civil
35       penalty imposed by this section.
36             (b) Civil penalties provided for by this section shall be paid to the
37       state treasurer, who shall deposit the same in the state treasury to the
38       credit of the governmental ethics commission fee fund.
39             (c) If a person fails to pay a civil penalty provided for by this section,
40       it shall be the duty of the commission to bring an action to recover such
41       civil penalty in the district court of the county in which such person
42       resides. 
43       Sec.  4. K.S.A. 1998 Supp. 25-4143, 25-4150 and 25-4152 are hereby

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  1       repealed.
  2        Sec.  5. This act shall take effect and be in force from and after its
  3       publication in the statute book.