Session of 2000
HOUSE BILL No. 2656
By Committee on Governmental Organization and
Elections
1-19
9 AN ACT
concerning elections; relating to campaign finance; amending
10 K.S.A. 25-4142 and
25-4157 and K.S.A. 1999 Supp. 25-4143, 25-4148
11 and 25-4157a and
repealing the existing sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 25-4142 is hereby amended to read as follows:
25-
15 4142. K.S.A. 25-4119, 25-4119e,
25-4142 to 25-4179, inclusive, and
16 amendments thereto and 25-4119e,
25-4119f, 25-4119g, 25-4148a, 25-
17 4153a, 25-4157a, 25-4169a, 25-4180
to 25-4185, inclusive through 25-
18 4188, and amendments thereto,
shall constitute and may be cited as the
19 "campaign finance
act."
20 Sec.
2. K.S.A. 1999 Supp. 25-4143 is hereby amended to read as
21 follows: 25-4143. As used in the campaign
finance act, unless the context
22 otherwise requires:
23 (a) "Candidate"
means an individual who: (1) Appoints a treasurer or
24 a candidate committee;
25 (2) makes a
public announcement of intention to seek nomination or
26 election to state or local office;
27 (3) makes any
expenditure or accepts any contribution for such per-
28 son's nomination or election to any state
or local office; or
29 (4) files a
declaration or petition to become a candidate for state or
30 local office.
31 (b) "Candidate
committee" means a committee appointed by a can-
32 didate to receive contributions and make
expenditures for the candidate.
33 (c) "Clearly
identified candidate" means a candidate who has been
34 identified by the:
35 (1) Use of the
name of the candidate;
36 (2) use of a
photograph or drawing of the candidate; or
37 (3) unambiguous
reference to the candidate whether or not the
38 name, photograph or drawing of such
candidate is used.
39 (d) "Commission"
means the governmental ethics commission.
40 (e)
(1) "Contribution" means:
41 (A) Any advance,
conveyance, deposit, distribution, gift, loan or pay-
42 ment of money or any other thing of value
given to a candidate, candidate
43 committee, party committee or political
committee for the express pur-
2
1 pose of nominating, electing or
defeating a clearly identified candidate
2 for a state or local office.
3 (B) Any
advance, conveyance, deposit, distribution, gift, loan or pay-
4 ment of money or any other thing of
value made to expressly advocate
5 the nomination, election or defeat of
a clearly identified candidate for a
6 state or local office;
7 (C) a
transfer of funds between any two or more candidate commit-
8 tees, party committees or political
committees;
9 (D) the
payment, by any person other than a candidate, candidate
10 committee, party committee or political
committee, of compensation to
11 an individual for the personal services
rendered without charge to or for
12 a candidate's campaign or to or for any
such committee;
13 (E) the purchase
of tickets or admissions to, or advertisements in
14 journals or programs for, testimonial
events;
15 (F) a mailing of
materials designed to expressly advocate the nomi-
16 nation, election or defeat of a clearly
identified candidate, which is made
17 and paid for by a party committee with the
consent of such candidate.
18
(2) "Contribution" does not include:
19 (A) The value of
volunteer services provided without compensation;
20 (B) costs to a
volunteer related to the rendering of volunteer services
21 not exceeding a fair market value of $50
during an allocable election
22 period as provided in K.S.A. 25-4149, and
amendments thereto;
23 (C) payment by a
candidate or candidate's spouse for personal meals,
24 lodging and travel by personal automobile
of the candidate or candidate's
25 spouse while campaigning;
26 (D) the value of
goods donated to events such as testimonial events,
27 bake sales, garage sales and auctions by
any person not exceeding a fair
28 market value of $50 per event.
29 (f) "Election"
means:
30 (1) A primary or
general election for state or local office; and
31 (2) a convention
or caucus of a political party held to nominate a
32 candidate for state or local office.
33 (g)
(1) "Expenditure" means:
34 (A) Any purchase,
payment, distribution, loan, advance, deposit or
35 gift of money or any other thing of value
made by a candidate, candidate
36 committee, party committee or political
committee for the express pur-
37 pose of nominating, electing or defeating a
clearly identified candidate
38 for a state or local office.
39 (B) Any purchase,
payment, distribution, loan, advance, deposit or
40 gift of money or any other thing of value
made to expressly advocate the
41 nomination, election or defeat of a clearly
identified candidate for a state
42 or local office;
43 (C) any contract
to make an expenditure;
3
1 (D) a
transfer of funds between any two or more candidate commit-
2 tees, party committees or political
committees; or
3 (E) payment
of a candidate's filing fees.
4
(2) "Expenditure" does not include:
5 (A) The
value of volunteer services provided without compensation;
6 (B) costs
to a volunteer incidental to the rendering of volunteer serv-
7 ices not exceeding a fair market
value of $50 during an allocable election
8 period as provided in K.S.A. 25-4149,
and amendments thereto;
9 (C) payment
by a candidate or candidate's spouse for personal meals,
10 lodging and travel by personal automobile
of the candidate or candidate's
11 spouse while campaigning or payment of such
costs by the treasurer of a
12 candidate or candidate committee;
13 (D) the value of
goods donated to events such as testimonial events,
14 bake sales, garage sales and auctions by
any person not exceeding fair
15 market value of $50 per event; or
16 (E) any
communication by an incumbent elected state or local officer
17 with one or more individuals unless the
primary purpose thereof is to
18 expressly advocate the nomination, election
or defeat of a clearly identi-
19 fied candidate.
20 (h) "Expressly
advocate the nomination, election or defeat of a clearly
21 identified candidate" means any
communication which uses phrases in-
22 cluding, but not limited to:
23 (A) "Vote for the
secretary of state";
24 (B) "re-elect
your senator";
25 (C) "support the
democratic nominee";
26 (D) "cast your
ballot for the republican challenger for governor";
27 (E) "Smith for
senate";
28 (F) "Bob Jones in
'98";
29 (G) "vote against
Old Hickory";
30 (H) "defeat"
accompanied by a picture of one or more candidates;
31 or
32 (I) "Smith's the
one."
33 (i) "Party
committee" means:
34 (1) The state
committee of a political party regulated by article 3 of
35 chapter 25 of the Kansas Statutes
Annotated;
36 (2) the county
central committee or the state committee of a political
37 party regulated under article 38 of chapter
25 of the Kansas Statutes
38 Annotated;
39 (3) the bona fide
national organization or committee of those political
40 parties regulated by the Kansas Statutes
Annotated;
41 (4) not more than
one political committee established by the state
42 committee of any such political party and
designated as a recognized
43 political committee for the senate; or
4
1 (5) not
more than one political committee established by the state
2 committee of any such political party
and designated as a recognized
3 political committee for the house of
representatives.
4
(j) "Person" means any individual, committee, corporation,
partner-
5 ship, trust, organization or
association.
6 (k)
(1) "Political committee" means any combination of two
or more
7 individuals or any person other than
an individual, a major purpose of
8 which is to expressly advocate the
nomination, election or defeat of a
9 clearly identified candidate for
state or local office or make contributions
10 to or expenditures for the nomination,
election or defeat of a clearly
11 identified candidate for state or local
office.
12 (2) "Political
committee" shall not mean a candidate committee or
13 party committee.
14 (l) "Receipt"
means a contribution or any other money or thing of
15 value, but not including volunteer services
provided without compensa-
16 tion, received by a treasurer in the
treasurer's official capacity.
17 (m) "State
office" means any state office as defined in K.S.A. 25-2505,
18 and amendments thereto.
19 (n) "Testimonial
event" means an event held for the benefit of an
20 individual who is a candidate to raise
contributions for such candidate's
21 campaign. Testimonial events include but
are not limited to dinners,
22 luncheons, rallies, barbecues and
picnics.
23 (o) "Treasurer"
means a treasurer of a candidate or of a candidate
24 committee, a party committee or a political
committee appointed under
25 the campaign finance act or a treasurer of
a combination of individuals
26 or a person other than an individual which
is subject to paragraph (2) of
27 subsection (a) of K.S.A. 25-4172, and
amendments thereto.
28 (p) "Local
office" means a member of the governing body of a city
29 of the first class, any elected office of a
unified school district having
30 35,000 or more pupils regularly enrolled in
the preceding school year, a
31 county or of the board of public
utilities.
32 (q) "Material
asset" means computers, printers, facsimile machines,
33 furniture, office equipment and any
other assets purchased or acquired
34 with moneys received as a contribution
and which asset has a fair market
35 value of $100 or more at the time of
disposition of such asset as required
36 by K.S.A. 25-4157a, and amendments
thereto.
37 (r) "Personal
expenditure of the candidate" means any expenditure to
38 defray normal living expenses of the
candidate or the candidate's family
39 or any expenditure for the personal
benefit of the candidate or the can-
40 didate's family which expenditure has no
direct connection with or effect
41 upon the campaign of the candidate or
the holding of public office.
42 Sec.
3. K.S.A. 1999 Supp. 25-4148 is hereby amended to read as
43 follows: 25-4148. (a) Every treasurer shall
file a report prescribed by this
5
1 section. Reports filed by treasurers
for candidates for state office, other
2 than officers elected on a state-wide
basis, shall be filed in both the office
3 of the secretary of state and in the
office of the county election officer of
4 the county in which the candidate is
a resident. Reports filed by treasurers
5 for candidates for state-wide office
shall be filed only with the secretary
6 of state. Reports filed by treasurers
for candidates for local office shall be
7 filed in the office of the county
election officer of the county in which
8 the name of the candidate is on the
ballot. Except as otherwise provided
9 by subsection (h), all such reports
shall be filed in time to be received in
10 the offices required on or before each of
the following days:
11 (1) The eighth
day preceding the primary election, which report shall
12 be for the period beginning on January 1 of
the election year for the office
13 the candidate is seeking and ending 12 days
before the primary election,
14 inclusive;
15 (2) the eighth
day preceding a general election, which report shall be
16 for the period beginning 11 days before the
primary election and ending
17 12 days before the general election,
inclusive;
18 (3) January 10 of
the year after an election year, which report shall
19 be for the period beginning 11 days before
the general election and end-
20 ing on December 31, inclusive;
21 (4) for any
calendar year when no election is held, a report shall be
22 filed on the next January 10 for the
preceding calendar year;
23 (5) a treasurer
shall file only the annual report required by subsection
24 (4) for those years when the candidate is
not participating in a primary
25 or general election.
26 (b) Each report
required by this section shall state:
27 (1) Cash on hand
on the first day of the reporting period;
28 (2) the name and
address of each person who has made one or more
29 contributions in an aggregate amount or
value in excess of $50 during the
30 election period together with the amount
and date of such contributions,
31 including the name and address of every
lender, guarantor and endorser
32 when a contribution is in the form of an
advance or loan;
33 (3) the aggregate
amount of all proceeds from bona fide sales of po-
34 litical materials such as, but not limited
to, political campaign pins, but-
35 tons, badges, flags, emblems, hats, banners
and literature;
36 (4) the aggregate
amount of contributions for which the name and
37 address of the contributor is not
known;
38 (5) each
contribution, rebate, refund or other receipt not otherwise
39 listed;
40 (6) the total of
all receipts;
41 (7) the name and
address of each person to whom expenditures have
42 been made in an aggregate amount or value
in excess of $50, with the
43 amount, date, and purpose of each ; the
names and addresses of all per-
6
1 sons to whom any loan or advance has
been made; when an expenditure
2 is made by payment to an advertising
agency, public relations firm or
3 political consultants for
disbursement to vendors, the report of such ex-
4 penditure shall show in detail the
name of each such vendor and the
5 amount, date and purpose of the
payments to each;
6 (8) the
name and address of each person from whom an in-kind con-
7 tribution was received or who has
paid for personal services provided
8 without charge to or for any
candidate, candidate committee, party com-
9 mittee or political committee, if the
contribution is in excess of $50 and
10 is not otherwise reported under subsection
(b)(7), and the amount, date
11 and purpose of the contribution;
12 (9) the aggregate
of all expenditures not otherwise reported under
13 this section; and
14 (10) the total of
expenditures.
15 (c) Treasurers of
candidates and of candidate committees shall be
16 required to itemize, as provided in
subsection (b)(2), only the purchase
17 of tickets or admissions to testimonial
events by a person who purchases
18 such tickets or admissions in an aggregate
amount or value in excess of
19 $50 per event, or who purchases such a
ticket or admission at a cost
20 exceeding $25 per ticket or admission. All
other purchases of tickets or
21 admissions to testimonial events shall be
reported in an aggregate amount
22 and shall not be subject to the limitations
specified in K.S.A. 25-4154,
23 and amendments thereto.
24 (d) If a
contribution or other receipt from a political committee is
25 required to be reported under subsection
(b), the report shall include the
26 full name of the organization with which
the political committee is con-
27 nected or affiliated or, name or
description sufficiently describing the
28 affiliation or, if the committee is not
connected or affiliated with any one
29 organization, the trade, profession or
primary interest of the political com-
30 mittee as reflected by the statement of
purpose of such organization.
31 (e) The
commission may require any treasurer to file an amended
32 report for any period for which the
original report filed by such treasurer
33 contains material errors or omissions, and
notice of the errors or omissions
34 shall be part of the public record. The
amended report shall be filed
35 within 30 days after notice by the
commission.
36 (f) The
commission may require any treasurer to file a report for any
37 period for which the required report is not
on file, and notice of the failure
38 to file shall be part of the public record.
Such report shall be filed within
39 five days after notice by the
commission.
40 (g) Any report
filed under this section which constitutes a termination
41 report for the purpose of K.S.A.
25-4157, and amendments thereto, shall
42 include full information relating to the
disposition of any material assets
43 and residual funds.
7
1
(g) (h) For the purpose of any report
required to be filed pursuant
2 to subsection (a) by the treasurer of
any candidate seeking nomination by
3 convention or caucus or by the
treasurer of the candidate's committee or
4 by the treasurer of any party
committee or political committee, the date
5 of the convention or caucus shall be
considered the date of the primary
6 election.
7
(h) (i) If a report is sent by
certified or registered mail on or before
8 the day it is due, the mailing shall
constitute receipt by that office.
9 Sec.
4. K.S.A. 25-4157 is hereby amended to read as follows:
25-
10 4157. Before any candidate committee, party
committee or political com-
11 mittee may be dissolved or the position of
a candidate's treasurer termi-
12 nated, the treasurer of the candidate or
such committee shall file a
13 termination report which shall include full
information as to the dispo-
14 sition of material assets and
residual funds. Any report required by K.S.A.
15 25-4148, and amendments
thereto, may be a termination report. Reports
16 of the dissolution of candidate committees
of candidates for state office,
17 the termination of the treasurer of a
candidate for state office, the dis-
18 solution of a political committee the major
purpose of which is to support
19 or oppose any candidate for state office
and the dissolution of party com-
20 mittees shall be filed in the office of the
secretary of state. Reports of the
21 dissolution of candidate committees of
candidates for local office, the
22 termination of the treasurer of a candidate
for local office and the dis-
23 solution of a political committee the major
purpose of which is to support
24 or oppose any candidate for local office
shall be filed in the office of the
25 county election officer of the county.
26 Sec.
5. K.S.A. 1999 Supp. 25-4157a is hereby amended to read as
27 follows: 25-4157a. (a) No moneys
received by any candidate or candidate
28 committee of any candidate as a
contribution under this act shall be used
29 or be made available for the
personal use of the candidate and no such
30 moneys shall be used by such
candidate or the candidate committee of
31 such candidate except
for:
32 (a) Moneys received
as a contribution under the campaign finance act
33 shall not be expended, used or made
available for any personal expendi-
34 ture of the candidate. Such moneys
received as a contribution only shall
35 be expended, used or made available
for:
36 (1) Legitimate
campaign purposes;
37 (2) expenses of
holding political office;
38 (3) contributions
to the party committees of the political party of
39 which such candidate is a member;
40 (4) any
membership dues or donations paid to a community service
41 or civic organization in the name of the
candidate or candidate committee
42 of any candidate;
43 (5) expenses
incurred in the purchase of tickets to meals and special
8
1 events sponsored by any organization
the major purpose of which is to
2 promote or facilitate the social,
business, commercial or economic well
3 being of the local community; or
4
(6) expenses incurred in the purchase and mailing of greeting
cards
5 to voters and constituents.
6 For the
purpose of this subsection, expenditures for "personal
use"
7 shall include expenditures to
defray normal living expenses for the can-
8 didate or the candidate's
family and expenditures for the personal benefit
9 of the candidate having no
direct connection with or effect upon the
10 campaign of the candidate or the
holding of public office.
11 (b) No moneys
received by any candidate or candidate committee of
12 any candidate as a contribution shall be
used to pay interest or any other
13 finance charges upon moneys loaned to the
campaign by such candidate
14 or the spouse of such candidate.
15 (c) No candidate
or candidate committee shall accept from any other
16 candidate or candidate committee for any
candidate for local, state or
17 national office, any moneys received by
such candidate or candidate com-
18 mittee as a campaign contribution. The
provisions of this subsection shall
19 not be construed to prohibit a candidate or
candidate committee from
20 accepting moneys from another candidate or
candidate committee if such
21 moneys constitute a reimbursement for one
candidate's proportional
22 share of the cost of any campaign activity
participated in by both all can-
23 didates involved in such campaign
activity. Such reimbursement shall not
24 exceed an amount equal to the proportional
share of the cost directly
25 benefiting and attributable to the personal
campaign of the candidate
26 making such reimbursement.
27 (d)
(1) At the time of the termination of any campaign and
prior to
28 the filing of a termination report in
accordance with K.S.A. 25-4157, and
29 amendments thereto, all residual funds
otherwise not obligated for the
30 payment of expenses incurred in such
campaign or the holding of office
31 shall be:
32
(A) Contributed to a charitable organization, as defined
by the laws
33 of the state,;
34
(B) contributed to a party committee
or; or
35
(C) returned as a refund in whole or in part to any
contributor or
36 contributors from whom received or paid
into the general fund of the
37 state.
38 (2) At the
time of the termination of any campaign and prior to the
39 filing of a termination report in
accordance with K.S.A. 25-4157, and
40 amendments thereto, material assets
shall be:
41
(A) Contributed to a charitable organization as defined by the
laws
42 of this state;
43 (B) sold and
the proceeds from the sale thereof shall be contributed
9
1 to a charitable organization as
defined by the laws of the state; or
2
(C) purchased by the candidate whose campaign is terminated at
a
3 price which equals or exceeds the
fair market value of such material asset.
4 The proceeds from the sale to such
candidate shall be contributed to a
5 charitable organization as defined
by the laws of the state.
6 Sec. 6. K.S.A. 25-4142 and
25-4157 and K.S.A. 1999 Supp. 25-4143,
7 25-4148 and 25-4157a are hereby
repealed.
8 Sec. 7. This act
shall take effect and be in force from and after its
9 publication in the statute book.