25-4143. Campaign finance; definitions.

1,950 words·~9 min read·/ks/chapter-25/25-4143

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

25-4143. Campaign finance; definitions. As used in the campaign finance act, unless the context otherwise requires:

(a)"Agent" means an individual who is:

(1)A candidate;

(2)a chairperson of a candidate, political or party committee;

(3)a treasurer; or

(4)any director, officer, employee, paid consultant or other person who is authorized to act on behalf of persons listed in this subsection.

(b)"Candidate" means an individual who:

(1)Appoints a treasurer or a candidate committee;

(2)makes a public announcement of intention to seek nomination or election to state or local office;

(3)makes any expenditure or accepts any contribution for such person's nomination or election to any state or local office; or

(4)files a declaration or petition to become a candidate for state or local office.

(c)"Candidate committee" means a committee appointed by a candidate to receive contributions and make expenditures for the candidate.

(d)"Clearly identified candidate" means a candidate who has been identified by the:

(1)Use of the name of the candidate;

(2)use of a photograph or drawing of the candidate; or

(3)unambiguous reference to the candidate whether or not the name, photograph or drawing of such candidate is used.

(e)"Commission" means the governmental ethics commission.

(1)"Contribution" means:

(A)Any advance, conveyance, deposit, distribution, gift, loan or payment of money or any other thing of value given to a candidate, candidate committee, party committee or political committee for the express purpose of nominating, electing or defeating a clearly identified candidate for a state or local office;

(B)any advance, conveyance, deposit, distribution, gift, loan or payment of money or any other thing of value made to expressly advocate the nomination, election or defeat of a clearly identified candidate for a state or local office;

(C)a transfer of funds between any two or more candidate committees, party committees or political committees;

(D)the payment, by any person other than a candidate, candidate committee, party committee or political committee, of compensation to an individual for the personal services rendered without charge to or for a candidate's campaign or to or for any such committee;

(E)the purchase of tickets or admissions to, or advertisements in journals or programs for, testimonial events; or

(F)a mailing of materials designed to expressly advocate the nomination, election or defeat of a clearly identified candidate, which is made and paid for by a party committee with the consent of such candidate.

(2)"Contribution" does not include:

(A)The value of volunteer services provided without compensation;

(B)costs to a volunteer related to the rendering of volunteer services not exceeding a fair market value of $50 during an allocable election period as provided in K.S.A. 25-4149 , and amendments thereto;

(C)payment by a candidate or candidate's spouse for personal meals, lodging and travel by personal automobile of the candidate or candidate's spouse while campaigning; or

(D)the value of goods donated to events such as testimonial events, bake sales, garage sales and auctions by any person not exceeding a fair market value of $50 per event.

(1)"Cooperation or consent" means, with respect to expenditures:

(A)An express advocacy expenditure that is created, produced or distributed at the request or recommendation of a candidate, candidate committee or party committee; or

(B)an express advocacy expenditure that is created, produced or distributed at the recommendation of a person who is paying for such express advocacy and the candidate, candidate committee or party committee assents to such recommendation.

(2)"Cooperation or consent" does not include:

(A)A candidate's or a political party's response to an inquiry about such candidate's or political party's positions on legislative or policy issues;

(B)an expenditure for which the information material to the creation, production, distribution or undertaking of the expenditure was obtained from a publicly available source;

(C)an endorsement of a candidate;

(D)soliciting contributions for any committee;

(E)an expenditure for the use of a commercial vendor or to a former employee of the candidate by the person making the expenditure if:

(i)The commercial vendor or former employee has provided political services to such candidate during the 120 days immediately preceding such expenditure;

(ii)a firewall is established and implemented by the person making the expenditure; and

(iii)the firewall is designed and implemented to prohibit the flow of information between employees or consultants providing services for the person making the expenditure and those employees or consultants who are currently providing or previously provided services to such candidate; and

(F)an expenditure for the use of a commercial vendor or to a former employee of the candidate by the person making the expenditure and the commercial vendor or former employee has not provided political services to such candidate during the 120 days immediately preceding such expenditure.

(h)"Election" means:

(1)A primary or general election for state or local office; and

(2)a convention or caucus of a political party held to nominate a candidate for state or local office.

(1)"Expenditure" means:

(A)Any purchase, payment, distribution, loan, advance, deposit or gift of money or any other thing of value made by a candidate, candidate committee, party committee or political committee for the express purpose of nominating, electing or defeating a clearly identified candidate for a state or local office;

(B)any purchase, payment, distribution, loan, advance, deposit or gift of money or any other thing of value made to expressly advocate the nomination, election or defeat of a clearly identified candidate for a state or local office;

(C)any contract to make an expenditure;

(D)a transfer of funds between any two or more candidate committees, party committees or political committees; or

(E)payment of a candidate's filing fees.

(2)"Expenditure" does not include:

(A)The value of volunteer services provided without compensation;

(B)costs to a volunteer incidental to the rendering of volunteer services not exceeding a fair market value of $50 during an allocable election period as provided in K.S.A. 25-4149 , and amendments thereto;

(C)payment by a candidate or candidate's spouse for personal meals, lodging and travel by personal automobile of the candidate or candidate's spouse while campaigning or payment of such costs by the treasurer of a candidate or candidate committee;

(D)the value of goods donated to events such as testimonial events, bake sales, garage sales and auctions by any person not exceeding fair market value of $50 per event; or

(E)any communication by an incumbent elected state or local officer with one or more individuals unless the primary purpose thereof is to expressly advocate the nomination, election or defeat of a clearly identified candidate.

(j)"Expressly advocate the nomination, election or defeat of a clearly identified candidate" means any communication that uses phrases including, but not limited to:

(1)"Vote for the secretary of state";

(2)"re-elect your senator";

(3)"support the democratic nominee";

(4)"cast your ballot for the republican challenger for governor";

(5)"Smith for senate";

(6)"Bob Jones in '98";

(7)"vote against Old Hickory";

(8)"defeat" accompanied by a picture of one or more candidates; or

(9)"Smith's the one."

(k)"Party committee" means:

(1)The state committee of a political party regulated by article 3 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto;

(2)the county central committee or the state committee of a political party regulated under article 38 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto;

(3)the bona fide national organization or committee of those political parties regulated by the Kansas Statutes Annotated;

(4)the political committee established by the state committee of any such political party and designated as a recognized political committee for the senate;

(5)the political committee established by the state committee of any such political party and designated as a recognized political committee for the house of representatives; or

(6)the political committee per congressional district established by the state committee of a political party regulated under article 38 of chapter 25 of the Kansas Statutes Annotated, and amendments thereto, and designated as a congressional district party committee.

(l)"Person" means any individual, committee, corporation, partnership, trust, organization or association.

(1)"Political committee" means any entity, including any combination of two or more individuals who are not married to one another, or any person other than an individual, the major purpose of which is to make contributions or expenditures that in the aggregate exceed $3,000 during any one calendar year and that satisfies one of the following:

(A)States in such entity's articles of incorporation, bylaws or in any resolution adopted by the board of directors for such entity that the major purpose of such entity is to elect state or local candidates through express advocacy and contributions to candidate campaigns and political parties; or

(B)spends not less than 50% of such entity's total program spending on contributions or expenditures during the period of time such entity has existed or, if such entity has existed for more than five years, during the immediately preceding five years.

(2)"Political committee" does not include a candidate committee or a party committee.

(A)As used in this subsection, "total program spending" means the aggregate expenditures on all program activities, including:

(i)All disbursements for contributions and expenditures; and

(ii)all expenditures for fundraising communications that expressly advocate the nomination, election or defeat of a candidate or candidates for state or local office.

(B)"Total program spending" does not include:

(i)Expenditures for volunteer time or expenses;

(ii)administrative expenses; or

(iii)any other fundraising expenses.

(C)For purposes of determining total program spending on contributions and expenditures:

(i)A grant made to a political committee or an organization organized under section 527 of the internal revenue code shall be included in such entity's total program spending as a contribution or expenditure, except that if such grant is expressly designated for use outside this state or for any federal election, then such grant shall be included in such entity's total program spending but shall not be considered a contribution or expenditure; and

(ii)all other grants made by such entity shall be included in such entity's total program spending but shall not be considered a contribution or expenditure unless such entity expressly designates such grant, or any portion thereof, for making a contribution or expenditure in this state. If a grant is so designated then such grant shall be considered a contribution or expenditure. If a portion of any grant is so designated then only such portion shall be considered a contribution or expenditure.

(n)"Receipt" means a contribution or any other money or thing of value, but not including volunteer services provided without compensation, received by a treasurer in the treasurer's official capacity.

(o)"State office" means any state office as defined in K.S.A. 25-2505 , and amendments thereto.

(p)"Testimonial event" means an event held for the benefit of an individual who is a candidate to raise contributions for such candidate's campaign. "Testimonial events" includes, but are not limited to, dinners, luncheons, rallies, barbecues and picnics.

(q)"Treasurer" means a treasurer of a candidate or of a candidate committee, a party committee or a political committee appointed under the campaign finance act or a treasurer of a combination of individuals or a person other than an individual that is subject to K.S.A. 25-4172 (a)(2), and amendments thereto.

(r)"Local office" means a member of the governing body of a city of the first class, any elected office of a unified school district having 35,000 or more pupils regularly enrolled in the preceding school year, a county or of the board of public utilities.